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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JANUARY 13, .1997
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
\ 7:30 P.M.
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The City Council will convene in Executive Session at 6:30 p.m. to review litigation matters.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
B. Review Agenda
Mayor Dahlberg_
Stover
McCarty _
O'Neill
Garfunke1_
2 . APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes December 16, 1996 (Att.-#2A Minutes)
B. City Council Executive Session Minutes December 16, 1996 (Att.-#2B Minutes)
C. City Council Special Meeting Minutes January 2, 1997 (Att.-#2C Minutes)
D. City Council Special Meeting Minutes January 6, 1997 (Att.-#2D Minutes)
E. City Council Special Meeting Minutes January 7, 1997 (Att.-#2E Minutes)
3. CONSIDERA TION OF A MOTION ADOPTING RESOLUTIONS MAKING
APPOINTMENTS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR
1997
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A. A Resolution Making Appointments for 1997 (Att.-#3A Proposed Resolution)
B.
A Resolution Making Appointments to Various Commissions to Begin in 1997
(Att.-#3B Proposed Resolution)
4 . CONSENT AGENDA - Motion to approve iteqls on Consent Agenda & Adopt
Resolutions Therein:
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A. A Motion Establishing the 1997 Local Board of Review Date as Wednesday, April
2, 1997 (Att.-#4A County Memorandum)
B . A Motion to Authorize Execution of an Extension of Recording Secretarial Service
Agreement (Att.-#4B Proposed Agreement)
C. A Motion to Adopt a Resolution Approving Tree Trimmers' Licenses (Att.-#4C
Proposed Resolution)
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CITY COUNCIL AGENDA - JANUARY 13, 1997
PAGE 2 OF 2
D. A Motion to Adopt aResolution Approving a Variance to Temporarily Allow Two
Houses on One Lot (Att.-#4D Proposed Resolution)
Applicant: Stan Taube
Location: 27280 Edgewood Road and 5315 Howard's Point Road
E. A Resolution Authorizing Execution of a Corporate Authorization Resolution (Att.-
#4E Proposed Resolution)
F. A Motion Approving Contract for Legal Services for 1997 with Kennedy & Graven
(Att.-#4F Proposed Contract)
5. MATTERS FROM THE FLOOR (No Council action will be taken.)
6. PLANNING - Report by Representative
A Motion to Adopt a Resolution Denying an Appeal Interpretation of City Code Related to
Non-conforming Docks (Att.-#6 Proposed Resolution & Letter from Applicant)
Applicant: James Cabalka
Location: 58XX Christmas Lake Road
7. CHAPTER 308 - TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS,
CANVASSERS AND GARAGE SALES
A. Administrator's Report on This Chapter of the Municipal Code
B. A Motion Regarding Amendment of Chapter 308, Subd. 11 License Limitations
(Att.-#7B Proposed Ordinance)
8. CONSIDERATION OF A MOTION REGARDING A RIGHT-OF-WAY
PERMIT (Att.-#8 Planner's Memorandum)
Applicant: Steve Codden
Location: 20840 Forest Drive
9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
APPROVING A CONDITIONAL USE PERMIT AND LEASE AGREEMENT
FOR SPRINT SPECTRUM (Att.-#9 Proposed Resolution)
Applicant: Sprint Spectrum L.P.
Location: 5500 Old Market Road
10. ADMINISTRATOR & STAFF REPORTS
A. Administrator's Report on Classes Available (Att.-#10B Letter from Hennepin
County Sheriff s Office)
B. Administrator's Report on the Dissolving of the Joint Powers Agreement with
Suburban Alliance (Att.-#lOB Memorandum)
C. Report on Upcoming City Council Work Sessions
11. MAYOR & CITY COUNCIL REPORTS
12. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#12)
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB. ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net
Executive Summary
Shorewood City Council Meeting
Monday, January 13, 1997
The City Council will meet in Executive Session at 6:30 p.m. in the Conference Room of City
Hall.
It should be noted that the City Council took the Oath of Office Thursday, January 2, 1997 and
therefore does not need to do so this evening.
Agenda Item 3A: This resolution makes various appointments for the year 1997.
Agenda Item 3B: This resolution makes appointments to the Park and Planning Commission and
indicates that Park and Planning Commission Chair and Vice Chair shall be fIlled by the Council
following a recommendation received from each Commission.
Agenda Item 4A: Each year the City Council sits as a Board of Review to consider property
appeals on value placed on property by the Assessor. The date recommended is the evening of
Wednesday, April 2, 1997. If this date is not acceptable, this item should be removed from the
Consent Calendar and discussed.
Agenda Item 4B: This motion authorizes an extension of the recording secretarial service
agreement to December 31, 1997.
Agenda Item 4C: This annual resolution approves tree trimmers' licenses for TreeCare Service
from Shorewood, and Davey Tree Service.
Agenda Item 4D: Mr. Stan Taube proposes to combine two lots on Edgewood Road in order to
expand his existing home. In doing so he requests a variance to allow a second existing home to
remain on the property until next spring. At the last meeting the City Council directed staff to
prepare a findings of fact approving the variance, subject to conditions. Approval of the variance
requires a four-fifths vote of the Council.
A Residential Community on Lake Minnetonka's South Shore
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Executive Summary - Council Agenda of January 13, 1997
Page 2 of 2
Agenda Item 4E: This corporate authorization resolution authorizes the Mayor and Administrator,
FinancefTreasurer and Deputy Clerk to sign checks.
Agenda Item 4F: This resolution approves the contract for legal services with Kennedy & Graven,
Chartered, for John Dean to act as our City Attorney. The agreement is enclosed in the packet._
Agenda Item 6: After several discussions the City Council directed staff to prepare a [mdings of
fact denying an appeal by Scott Cabalka to keep a nonconforming dock on his vacant Christmas
Lake property. Whereas an approval of the appeal would require a four-fifths vote of the Council,
this resolution denying the appeal requires only a simple majority vote.
Agenda Item 7 A & B: This will be a report by the Administrator on the response to inquiries to
local homeowners' associations requesting input on provisions of the current solicitors ordinance.
After having met with the City's attorney, the City Council may wish to consider an amendment to
the ordinance addressing the hours door-to-door solicitation is allowed.
Agenda Item 8: Mr. Steve Coddon requests approval of a r.o.w. permit to construct a driveway
and sanitary sewer service across the unimproved right-of-way of Forest Drive. Staff recommends
approval subject to conditions. Approval requires a simple majority vote of the Council.
Agenda Item 9: Enclosed is a proposed agreement with Sprint Spectrum for installation of
antennas on the City's east water tower. The action is a resolution which approves the Conditional
Use Permit and lease agreement.
Agenda Item lOC: The City Council has indicated a series of work sessions should be held.
Please review your calendars so meeting dates can be identified.
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, DECEMBER 16, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
1.
MINUTES
CONVENE CITY COUNCIL MEETING
DRAFT
Mayor Bean called the meeting to order at 7:30 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, McCarty, Shaw; City Administrator Hurm;
City Attorney Martin; Finance Director AI Rolek, Planning Director Brad Nielsen
and Engineer Larry Brown.
Absent:
Councilmember Stover
B.
Review Agenda
Planning Director Nielsen stated the applicant for Item 8B asked that his request be tabled
indefinitely. City Attorney Keane had suggested it be tabled to a definite date. Nielsen stated it
could be tabled until February 10, 1997.
McCarty moved, Benson seconded to approve the agenda for December 16, 1996.
Motion passed 4/0.
2 . APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes . November 25, 1996
Benson moved, Shaw seconded to approve the City Council Regular Meeting
Minutes for November 25, 1996, as presented. Motion passed 4/0.
B . City Council Regular Meeting Minutes . December 4, 1996
Benson moved, Shaw seconded to approve the City Council Regular Meeting
Minutes for December 4, 1996, as amended on Page 6, Item 9, Paragraph 1,
change "football fields" to "baseball fields." Motion passed 4/0.
C. City Council Special Session Meeting Minutes. December 4, 1996
Shaw moved, Benson seconded to approve the City Council Special Meeting
Minutes for December 4, 1996, as presented. Motion passed 4/0.
D . City Council Executive Session Meeting Minutes . December 4, 1996
Benson moved, Shaw seconded to approve the City Council Executive Session
Meeting Minutes for December 4, 1996, as presented. Motion passed 4/0.
3. CONSENT AGENDA
Mayor Bean read the Consent Agenda for December 16, 1996.
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REGULAR CITY COUNCIL MINUTES
DECEMBER 16, 1996 - PAGE 2
Benson moved, McCarty seconded to approve the Motions on the Consent Agenda
and to adopt the Resolutions therein:
A . A Motion Authorizing the Purchase of Planning/Engineering
Software
B. A Motion Adopting RESOLUTION NO. 96-113, "A Resolution
Approving 1997 Licenses for Refuse Haulers"
C. A Motion Adopting RESOLUTION NO. 96-114, "A Resolution
Approving 1997 Licenses for Tree Trimmers"
D. A Motion Adopting RESOLUTION NO. 96-115, "A Resolution
Approving Manitou Woods Final Plat"
E.
A Motion Adopting RESOLUTION NO. 96-116, "A Resolution
Accepting Improvements of Waterford IV for David Carlson
Companies, Waterford Twinhomes"
.
F.
A Motion to Approve Extension of a Deadline to Submit Final Plat -
Larson Estates for Carl Zinn on Behalf of Stephen Larson, 20435
Radisson Road
G. A Motion Adopting RESOLUTION NO. 96-117, "A Resolution
Approving a Variance for Dock Use, Length and Setback for Bob
Mellett, 4435 Enchanted Drive"
H. A Motion Adopting RESOLUTION NO. 96-118, "A Resolution
Approving a Variance to Shoreland District Hardcover Requirements
for John Miller, 21125 Minnetonka Boulevard"
I . A Motion Approving a Contract for Maintenance of SE Well
J.
K.
A Motion Adopting RESOLUTION NO. 96-119, "A Resolution
Approving a Transfer of Funds"
A Motion to Approve the City Administrator's Employment Contract
.
L. A Motion Adopting RESOLUTION NO. 96-120, "A Resolution
Amending the Health Care Reimbursement Program Portion of the
Shorewood Cafeteria Program"
M. A Motion Approving a Sign Permit - Marsh Pointe for Lundgren
Brothers Construction, Marsh Pointe (Smithtown Road)
Motion passed 4/0.
4. MATTERS FROM THE FLOOR
John Schmitt, 20725 Radisson Road, stated he has lived on Christmas Lake since 1960 and spoke
in favor of Cabalkas and felt a variance should be granted allowing a dock on their property.
REGULAR CITY COUNCIL MINUTES
DECEMBER 16, 1996 - PAGE 3
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Pat Arnst, 5480 Teal Circle, pointed out snowmobiles have been present in the wetland areas east
of Brentridge Drive and also north of Smithtown Road. She asked what part of the implementation
plan would address those violations. Ms. Arnst also noted there had not been any signs posted
advising snowmobilers that the wetland areas are off limits. In addition, she inquired as to the
amount of time the Shorewood officer spends enforcing the ordinance and how these issues
conform with the zero tolerance policy.
Mayor Bean stated snowmobiles have been prohibited from the wetland areas since the first
snowmobile ordinance was put into effect. He felt mitigation of snowmobile use in those areas
would be through enforcement. In addition, he stated the scheduling of the officers' time would be
at the discretion of Chief Young. Mayor Bean noted the number of tickets which have been issued
so far this year have probably exceeded the number of tickets in the past two years combined.
Ingrid Schaff, 25605 Smithtown Road, stated she spoke with the officer on patrol over the
weekend and he was very overworked. She questioned why only one officer was assigned to
patrol the city in light of the extra patrol time the City is funding. Ms. Schaff inquired as to any
correspondence which may have occurred between the City, Hennepin County Rangers and
Sheriffs Patrol relative to enforcing the current ordinance and the zero tolerance policy. She asked
the Council to ensure that the officer trained to patrol the trail be allowed to do so. Ms. Schaff
inquired when the backup officer will be trained.
Mayor Bean stated he felt there may have been some scheduling difficulties contributing to the lack
of coverage over the weekend and suggested Chief Young would best be able to address this issue.
He did not feel this was typical of the patrol coverage in the city.
5. REPORT OF FRIENDS OF THE SOUTHSHORE SENIOR COMMUNITY
CENTER
Consideration of a Motion Approving Change Order Modifying Senior
Community Center Construction Involving Construction Completion Date
.
Rick Westling, TSP/EOS, explained letters are being obtained from the contractors indicating this
project will be a priority on their schedule the beginning of the construction season relative to the
finishing jobs. The building is expected to be completed by February 28, 1997. Mr. Westling felt
this would be a reasonable completion date and stated the inspections which have been occurring
on the site have been increased from once per week to every other day.
Mayor Bean asked if the issue of a fixed per diem penalty has been discussed with the contractor.
Mr. Westling noted it had been discussed and the contractor feels he can perform to the specified
dates.
Bob Gagne stated the Friends of the Southshore Senior Community Center felt the building should
not be accepted until completed in full. He felt the contractor should be given some reasonable
length of time to complete the project to ensure good performance on the part of the contractor.
Mr. Westling noted the Change Order provides for the Friends of the Senior Center to have access
to the large room within the facility in which to store their furniture as well as the new furniture
which they are purchasing.
Councilmember McCarty was in favor of the Change Order. Councilmember Benson noted his
agreement, but expressed his disappointment the project had not been completed when planned.
REGULAR CITY COUNCIL MINUTES
DECEMBER 16, 1996 - PAGE 4
Bean moved, Benson seconded approving the Change Order modifying the Senior
Community Center Construction Involving the construction completion date and
authorizing the Mayor and City Administrator to execute the contract addendum
regarding completion date. Motion passed 4/0.
6. SW QUADRANT OF CHRISTMAS LAKE ROAD AND TH 7 RIGHT-OF-
WAY ACQUISITION
A. A Motion to Adopt a Resolution Accepting MNDOT's Proposal for
Right-of- Way Acquisition
B . A Motion Authorizing Mayor and City Administrator to Enter into a
Right-of-Entry Agreement in Favor of MNDOT
Mr. Glenn Ellis, MNDOT, appeared to address the Council. He stated he had contacted a forester
to review this matter. The forester indicated the trees of value are located outside of the subject
area. The trees which are located within the subject area are of little value. Mr. Ellis noted the
amount of fill to be used in the area is quite low. He pointed out a retaining wall would be .
expensive and there would still be a need for working area. The forester has identified some trees .
which have been designated hazard trees and he has recommended their removal. Mr. Ellis stated
the practice of MNDOT has been to save as many trees as possible. Prior to any tree removal, the
forester is to be on site.
Councilmember Shaw expressed concern on the east side of Christmas Lake Road. He did not
have a concern with the wetland area. His concern is with the easement located east of Christmas
Lake Road and Highway 7.
Engineer Brown stated his understanding to be that those trees will be impacted. Mr. Ellis stated
the designer has been speaking with the property owners and MNDOT's intent would be to save
every tree possible. He pointed out, however, there is one residence west of Mary Lane which
will lose a tree.
Mayor Bean asked if a temporary barrier will be used to prevent contractors from encroaching into
areas which are not to be disturbed. Mr. Ellis stated temporary fencing would be provided in areas
where specific trees are to be saved so the contractors are aware this area is not to be disturbed. .
Councilmember Benson expressed disappointment that the right-of-way on the south side of the
highway could not be utilized.
Brown pointed out Hennepin County will need to sign the Agreement since they provided the City
with this parcel. There may be a question as to whether the County is entitled to a portion of the
revenue generated by MNDOT. Councilmember Shaw stated the City had acquired title through a
title forfeiture from Hennepin County and questioned how the County would be entitled to a
portion of the revenue. Attorney Keane is reviewing this matter.
McCarty moved, Shaw seconded authorizing Mayor and City Administrator to
enter into a Right-of-Entry Agreement in favor of MNDOT. Motion passed 4/0.
Mayor Bean requested an explanation of the proposal by Engineer Brown. Mayor Bean asked if
the City has fee title to the property. Brown explained the City has the deed and fee title. The deed
states that the parcel is to be used specifically for right-of-way purposes and a signature from
Hennepin County would be necessary to ensure the use of the property. If the parcel were to be
used for something different, it would then revert back to Hennepin County.
REGULAR CITY COUNCIL MINUTES
DECEMBER 16, 1996 - PAGE 5
City Attorney Martin commented the State of Minnesota has provided for statutory provisions
which allow the State to transfer out to subdivisions of the state at no cost. land which has been tax
forfeited. He stated the City Attorney is attempting to determine whether a sale of part of the parcel
for right-of-way purposes is a violation of that use restriction.
Mayor Bean inquired as to reforestation to the extent trees are removed from the area. Brown
stated a plan could be brought back before the Council. Mayor Bean stated perhaps through the
use of the revenue funds some of the trees could be put in an area such as Freeman Park. Nielsen
pointed out there is no tree replacement required for public road projects.
Councilmember Benson commented there will be a higher amount of noise in the area due to the
removal of the trees. He felt a resource is being lost which has been a benefit to all of the residents
in the area. Councilmember McCarty stated her agreement and noted aesthetics would be a
consideration as well. She stated her preference the reforestation take place in the area where the
trees are removed.
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Shaw moved, McCarty seconded adopting RESOLUTION NO. 96-121, "A
Resolution Accepting MNDOT's Proposal for Right-of-Way Acquisition" Motion
passed 4/0.
7 . PARKS - Report by Representative
A . Report on November 26, 1996 Park Commission Meeting
Councilmember McCarty reported on the matters considered and actions taken at the November 26,
1996 meeting of the Park Commission (as detailed in the minutes of that meeting).
B . Consideration of a Motion Approving the Naming of the Road
through Freeman Park "Reutiman Lane"
Mayor Bean felt this to be an excellent idea and noted it will not disrupt any other citizens.
Benson moved, McCarty seconded approving the naming of the road through
Freeman Park "Reutiman Lane". Motion passed 4/0.
.
8.
PLANNING - Report by Representative
Commissioner Turgeon noted the next meeting of the Planning Commission to be Tuesday,
December 17, 1996, and therefore, there was no report to be made at this time.
A . A Motion to Direct Staff to Prepare Findings of Fact Regarding an
Appeal Interpretation of City Code Related to Non-conforming Docks
Applicant: James Cabalka
Location: 58XX Christmas Lake Road
Mr. Mark Kelly, attorney for the Cabalkas, provided photographs which were prepared in
conjunction with the Christmas Lake access and stated to his knowledge they were taken in 1985.
Mr. Kelly is requesting the matter be tabled until sometime in June of 1997 to allow the Cabalkas
an opportunity to have the material in the dock analyzed to establish a time frame for the existence
of the dock.
Mayor Bean commented this would not necessarily prove the dock had been in place in this
particular area and in continuous use for a specific period of time.
REGULAR CITY COUNCIL MINUTES
DECEMBER 16, 1996 - PAGE 6
Mayor Bean noted a letter dated December 12 had been received from Gerri Kuester, 5885
Christmas Lake Road, disputing the dock has been present and in continuous use. In addition, a
letter was received from Mike Pierro, 5880 Christmas Lake Road, who also takes issue with the
existence of the dock.
Mayor Bean responded to Mr. Kelly's December 12 letter relative to why the City has disregarded
an alleged code violation for in excess of 12 years. He explained it has been the City's consistent
practice to not seek out violations of housing and zoning codes, but to respond when citizen
complaints are received. He stated there has been consistent application of the ordinances in this
case and many similar cases.
Councilmember Shaw stated he is not convinced all of the material available and relevant to this
issue has been presented. He felt if this had been presented, the Council could make a definite
decision. Councilmember Shaw stated the burden of proof to be upon the applicant. He
commented boat usage studies of Christmas Lake had been made by the DNR by way of aerial
photos.
Mayor Bean commented on the requirement of residents to prove what they did or did not do with
their property 20 years ago. In the case of a grandfathered condition, Mayor Bean felt it would .
behoove the property owner to take. appropriate steps and actions to preserve that grandfathering.
He pointed out the ordinance provides that the dock must have been in continuous, uninterrupted
use to preserve the grandfathering. He felt the burden to be on the applicant to preserve the
grandfathering and to provide the appropriate documentation.
Councilmember McCarty did not feel all of the necessary documentation had been provided,
however, the Council has spent a considerable amount of time considering this matter and did
request additional information on this issue. She questioned rumors that the land has been deeded
to someone else.
Mr. Kelly stated the property remains in the Cabalka family. He further commented the aerial
photos which had been presented for review are such that it would be very difficult to depict a dock
of any sort. He further commented it would be unreasonable for the Cabalkas to have known
years ago they would need to be able to prove grandfathering at this time.
Mr. Kelly was not in agreement that the burden of proof is upon the Cabalkas and stated the .
Cabalka family will pursue this matter further if the Council rejects the request of the applicant.
Mayor Bean commented the Council has incomplete evidence as to the continued use of the dock in
addition to conflicting testimony as to its existence throughout the specific time frame. He stated
citizen complaints have been presented to the Council in addition to citizens commenting on behalf
of the Cabalka family who recall the presence of a dock. There is no evidence to determine which
group of citizens are mistaken in their memories.
Bean moved, McCarty seconded directing Staff to prepare a Findings of Fact
denying the appeal interpretation of City Code related to nonconforming docks for
James Cabalka, 58XX Christmas Lake Road. Motion passed 3/0.
(Councilmember Benson abstained.)
Councilmember Benson stated comments had been made this is a personal vendetta against the
Cabalkas. He pointed out he has not discussed this with the Council at any time. Councilmember
Benson noted he has lived along Christmas Lake Road all of his life. He did not recall a dock in
this area. He stated he did not become involved in the vote on this issue due to the affect it could
have on his own property.
REGULAR CITY COUNCIL MINUTES
DECEMBER 16, 1996 - PAGE 7
B. A Motion to Adopt a Resolution Approving a Simple Subdivision
Applicant: Richard Jensen
Location: 6020 Galpin Lake Road
McCarty moved, Shaw seconded tabling the simple subdivision for Richard
Jensen, 6020 Galpin Lake Road, to February 10, 1997. Motion passed 4/0.
C . A Motion to Direct Staff to Prepare Findings of Fact Regarding a
Variance to Temporarily Allow Two Houses on One Lot
Applicant: Stan Taube
Location: 27280 Edgewood Road and
5315 Howard's Point Road
Shaw moved, Benson seconded directing Staff to prepare a Findings of Fact
approving a variance to temporarily allow two houses on one lot for Stan Taube,
27280 Edgewood Road and 5315 Howard's Point Road, subject to the second
home being removed by June 16, 1997. Motion passed 4/0.
.
9.
CONSIDERATION OF A MOTION REGARDING REQUEST FOR STREET
LIGHTING - MARSH POINTE
Applicant: Lundgren Bros. Construction
Location: Marsh Pointe (Smithtown Road)
.
Marc Anderson, Director of Land Development, Lundgren Bros. Construction, appeared to
address the Council. He noted light one would need to be relocated slightly. He stated he would
support the staff recommendation to remove lights two, five and eight. He stated he would also be
in agreement with using a carriage style light as opposed to the cobra style.
Mayor Bean noted a letter on file with respect to this matter from Christine Lizee, 27055
Smithtown Road. Ms. Lizee was present and read her letter for the Council.
Councilmember McCarty felt it would be favorable to have less lighting. She noted her surprise
there was not more public input into this issue. Mayor Bean was also surprised there was not
more input from residents along Smithtown Road.
Ms. Lizee did not feel a coachlight in position one would provide adequate illumination given the
sharp curve in that particular area. With respect to light nine, she did not feel this light would be
necessary given the sodium vapor light approximately two houses away at the Minnewashta
School. Mr. Anderson did not feel the lights from the school would benefit this area.
Councilmember Benson felt light four would be obvious from the wetland area. Nielsen stated it
would be obvious from several directions, however, the carriage light allows for a side of the light
to be blocked out in the direction which is bothersome to residents. Nielsen stated his agreement
with Ms. Lizee that a cobra style light would be more appropriate in the area proposed for light
one.
Mr. Anderson stated it would be important to provide for light four due to the private drive and
stated he would be in agreement with blocking out a side of the light.
Mayor Bean recessed the meeting at 9:30 p.m. and reconvened at 9:35 p.m.
Councilmember Benson felt this would provide considerably more lighting to the area and he
expressed his disappointment there was not more input from the residents. He stated he would like
to see input from the residents with respect to light nine.
REGULAR CITY COUNCIL MINUTES
DECEMBER 16, 1996 - PAGE 8
Councilmember McCarty noted there had been only one letter which went out to the affected
residents. She pointed out the development has been somewhat controversial and stated she would
be uncomfortable taking any action on a lighting plan at this point. Councilmember Benson noted
his .agreement and felt the matter should be referred back to the Planning Commission for their
reVIew.
Mayor Bean stated if the Council could not come to concurrence, the matter should be referred
back to the Planning Commission for review and further public input.
Mayor Bean did not see a value to a light in the cul-de-sac. Councilmember Benson felt there
would be a safety issue with light nine. Brown noted it is a good idea to illuminate the intersection
due to the traffic on Smithtown Road. He further stated an element could be put in the light to
ensure the illumination is directed downward. In addition, one side of the light could be blocked
out.
Mayor Bean suggested a monument type light to illuminate the private drive which would not
illuminate the entire cul-de-sac, but would identify the end of the driveway. He felt utilizing lights
one, three, seven and nine would be a workable solution. Mayor Bean stated the use of a carriage .
lamp with downward projection would achieve public safety and mitigate the illumination.
Benson moved, McCarty seconded approving the request for street lighting -
Marsh Pointe for Lundgren Bros. Construction at Marsh Pointe (Smith town
Road), limited to four lights located at areas one, three, seven and nine and that
the developer work with City Staff to limit the amount of impact on the existing
residences on both sides of Smithtown near light nine. Motion passed 4/0.
10. CONSIDERA TION OF A MOTION REGARDING A SEWER REFUND
REQUEST - CHANDLER
Mr. Chandler was present and explained his request to the Council. Mayor Bean questioned the
delay from 1992 to 1996 in making this request. Mr. Chandler stated he was uncertain whether or
not he should request the refund. Finance Director Rolek explained the assessment had been
approved in 1972 and concluded in 1992.
Mayor Bean pointed out Mr. Chandler would receive the original assessment in addition to any .
interest he had paid on that assessment. Mayor Bean stated it was clear the assessment should not
have occurred.
Councilmember Shaw noted if Mr. Chandler should decide to re-subdivide the property, he would
be subject to an assessment at today's much higher rate. Mayor Bean pointed out this would also
require a variance.
Shaw moved, Benson seconded approving the refund of the original sewer
assessment and interest paid in the amount of $3,048, for Jack Chandler, 28200
Woodside Road. Motion passed 4/0.
11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
APPROVING THE 1997 BUDGETS AND APPROVING THE 1996
PROPERTY TAX LEVY COLLECTIBLE IN 1997
Councilmember Shaw pointed out the actual tax rate for the City did not increase. Any increase in
taxes would be the result of an increased property valuation.
REGULAR CITY COUNCIL MINUTES
DECEMBER 16, 1996 - PAGE 9
Benson moved, Shaw seconded adopting RESOLUTION NO. 96-122, "A
Resolution Approving the 1997 Budgets and Approving the 1996 Property Tax
Levy Collectible in 1997" Motion passed 4/0.
12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
ESTABLISHING THE 1997 PAY SCALE
Benson moved, McCarty seconded adopting RESOLUTION NO. 96-123, "A
Resolution Establishing the 1997 Pay Scale" Motion passed 4/0.
13. ADMINISTRATOR & STAFF REPORTS
14. MAYOR & CITY COUNCIL REPORTS
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Councilmember Benson stated he has enjoyed his time on the Council and challenged the new
Council to work to get along and look out for the City like the present Council has. He expressed
his appreciate to his fellow councilmembers. Councilmember McCarty presented plaques to
Councilmembers Shaw, Benson and Mayor Bean.
Councilmember Shaw stated he has enjoyed the opportunity. to serve on the Council. He
expressed his appreciation to City Staff and the Council.
Mayor Bean also stated he has enjoyed his term and noted it has been somewhat frustrating at
times. He encouraged every resident in the City to become involved on a Commission or Council
which gives a greater appreciation for the process and how difficult that work can be.
15. ADJOURNMENT
Shaw moved, Benson seconded to adjourn the meeting to an Executive Session at
10:10 p.m. subject to the approval of claims. Motion passed 4/0.
.
RESPECTFULL Y SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
CITY OF SHOREWOOD
CITY COUNCIL EXECUTIVE SESSION
MONDA Y, DECEMBER 16, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
10:16 P.M.
MINUTES
1. CONVENE CITY COUNCIL EXECUTIVE SESSION
DRAFT
Mayor Bean called the meeting to order at 10: 16 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, McCarty, Shaw; City Administrator Hurm;
City Attorney Martin; Planning Director Brad Nielsen and Engineer Larry Brown.
Councilmember Stover
Absent:
2. DISCUSSION ON THE STATUS OF LEGAL CASES
Attorney Martin appeared for Attorney Keane and briefed the Council on the status of legal cases.
3. ADJOURNMENT
Mayor Bean adjourned the City Council Executive Session at 10:58 p.m.
RESPECTFULL Y SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
$;<6
.
.
CITY OF SHOREWOOD
CITY COUNCIL SPECIAL MEETING
JANUARY 2, 1997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
6:30 P.M.
MINUTES
CONVENE SPECIAL MEETING
DRAFT
1.
The meeting was called to order at 6:30 p.m.
A.
Roll Call
Present:
Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; and
City Administrator Hurm
2. OA TH OF OFFICE
.
Administrator Hurm administered the oath of office to Council members elected November 5,
1996. Those members are as follows: Tom Dahlberg as Mayor; Kristi Stover as a four year
Council member; Jerry O'Neill as a two year Council member; and John Garfunkel as a four year
Council member.
3. INTERVIEWS FOR CITY ATTORNEY POSITION
6:45 p.m.
7:30 p.m.
8:15 p.m.
Tim Keane of Larkin, Hoffman, Daly & Lindgren, Ltd.
Thomas Scott of Campbell, Knutson, Scott & Fuch, P .A.
John Dean of Kennedy & Graven
4. DISCUSSION OF INTERVIEWS AND DIRECTION TO STAFF ON
PREPARATION OF RESOLUTION MAKING APPOINTMENT
.
The City Council decided to review the information presented individually and discuss this
appointment at the scheduled work session of January 7, 1997. No direction was given to staff on
the preparation of the resolution.
5. ADJOURNMENT
O'Neill moved, Garfunkel seconded to adjourn the special meeting at 9:39 p.m.
Motion 5/0.
RESPECTFULL Y SUBMITTED,
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
;/t~C-
CITY OF SHOREWOOD
SPECIAL MEETING
MONDAY, JANUARY 6, 1997
CONFERENCE ROOM
5755 COUNTRY CLUB ROAD
7:00 P.M.
1.
MINUTES
CONVENE SPECIAL MEETING
DRAFT.
Mayor Dahlberg called the meeting to order at 7:00 p.m.
Roll Call
Present:
Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel
2. INTERVIEWS
Members of the Council asked questions regarding background, opinion on City policies and .
overall philosophies of the following candidates:
Park Commission Vacancy:
*William Colopoulos, Jr............... 7:00 p.m.
26215 Shorewood Oaks Drive
Ingrid Schaff .................. .......... 7:15 p.m.
25605 Smithtown Road
Patricia Arnst... .........................7:30 p.m.
5480 Teal Circle
Tom Richter............................ 10:00 p.m.
25340 Smithtown Road
Planning Commission Vacancy:
.
*Christine Lizee........................ 8:00 p.m.
27055 Smithtown Road
Martin Wellens......................... 8: 15 p.m.
4755 Lakeway Terrace
Kristine Thayer......... .......... ......8:30 p.m.
5345 Shady Hills Circle
Roger Champa .........................8:45 p.m.
25500 Nelsine Drive
Rene Dussault.......................... 9:00 p.m.
26365 Noble Road
it ;.])
.
.
Special Meeting - Monday, January 6, 1997
Page 2
*K.irk Rosenberger.................... 9:45 p.m.
20960 Ivy Lane
Minnetoka Community Education and Services Board Vacancy:
*Tad Shaw............................. 9:15 p.m.
5580 Shore Road
Lake Minnetonka Cable Commission Vacancy:
*Jeff Foust............................. 9:30 p.m.
4960 Shady Island Circle
* Current Appointee
No action was taken. Council directed staff to prepare a resolution of appointment for official
action at the January 13, 1997 regular Council meeting.
3. ADJOURNMENT
Mayor Dahlberg adjourned the Special Meeting at 11:10 p.m.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
. ,
CITY OF SHOREWOOD
SPECIAL MEETING
TUESDAY, JANUARY 7, 1997
CONFERENCE ROOM
5755 COUNTRY CLUB ROAD
7:30 P.M.
1.
MINUTES
CONVENE SPECIAL MEETING
DRAFT
Mayor Dahlberg called the meeting to order at 7:35 a.m.
Roll Call
Present:
Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and
Garfunkel; and City Administrator Hurm
It was the consensus of the Council that discussion on giving direction to the Administrator .
regarding drafting a resolution appointing a City Attorney should be the fIrst item
considered.
2. DISCUSSION ON APPOINTMENT OF CITY ATTORNEY
Following discussion on the merits of each of the three fIrms interviewed for the City
Attorney position, it was the consensus of the Council that John Dean with Kennedy &
Graven should be placed on the appointment resolution as City Attorney. The
Administrator was directed to communicate with Mr. Dean to discuss several items
regarding compensation, including a flat charge per meeting rather than an hourly rate.
3. ESTABLISHING CITY COUNCIL PRIORITIES FOR 1997
Members of the City Council individually listed what they considered to be their top
priority items to be accomplished in 1997 as well as their second priority items and their
third priority items. There was discussion on each of the items and a consensus was .
reached regarding Council priorities as follows (the items in the top, second and third
priority listings are not ranked in any specifIc order):
Top Priority Items:
=> Review the water policy in the Comprehensive Plan, the water capital
improvement program and funding for the program
=> Implement strategies in improving communication
=> Review the trail plan
=> Reconsider the street reconstruction assessment policy as recommended by a
task force several years ago
=> Undertake a storm water management plan
=> South Lake Minnetonka Public Safety Department contract renewal needs to be
completed in 1997
#d.~.
1 .
.
.
Special Meeting - Monday, January 7, 1997
Page 2
=> Decide on involvement in the Watershed District's requirement in a wet pond at
Minnewashta School and work with the Watershed District on the question of a
large regional pond rather than numerous small ponds throughout the City
=> Reevaluate design criteria for City streets
=> Improve relations among cities with joint elected official meetings at various
times throughout the year
=> Identify Comprehensive Plan items to be reviewed in detail (this includes
zoning, land use and subdivision ordinance review)
Second Priority:
=> Consider options for purchasing green space (referendum?)
=> Evaluation of City liquor operations/business plan
=> Sanitary sewer - review III strategies, re-evaluate strategies to reduce sewer
rates, and re-evaluate the sump pump inspection ordinance
=> Actively participate in the Lake Minnetonka Cable Commission's efforts to
negotiate a new cable television contract with Triax Cable
=> Re-evaluate senior housing strategies
=> Undertake a transit needs assessment and develop a strategy to improve service
or reduce costs for transit
=> Develop plans for improved safety at intersections: County Road 19 and
Manitou Road; and Seamans Drive, Yellowstone Trail, Highway 7
=> Undertake safety studies in specific areas such as the Minnewashta School
Third Priority:
=> Re-evaluate snowmobile issues/determine the future of the implementation plan
=> The Planning Commission should develop a commercial maintenance code for
Council consideration
=> Consider an incentive system for high performing employees
=> Develop a strategy to improve paramedic rescue response times
=> Pursue burying utility lines
=> Consider requiring a conduit be installed for use by utilities in City right-of-way
The Council consensus was that several work sessions within the next few months would
be necessary to discuss Capital Program issues, Comprehensive Plan issues, and the cable
television contract.
Staff was asked to distribute this list to the Planning and Park Commissions. This priority
list is considered a first draft and may change over time. Staff will be asked to place these
priorities on a Gantt Chart which suggests timelines, and estimate time commitment and
budget impact for each of the priority items.
Special Meeting - Monday, January 7, 1997
Page 3
4. ADJOURNMENT
There being no further business, Stover moved, McCarty seconded, to adjourn
the meeting at 10:16 p.m. Motion carried unanimously.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
. .
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 97-01
A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES
AND POSITIONS WITHIN THE CITY OF SHOREWOOD
FOR THE YEAR 1997
WHEREAS, it has been the policy of the Shorewood City Council to make annual
appointments to fill certain offices and positions within the City government at the
beginning of each year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the following persons are appointed to the following offices and positions until
the 1997 City Council organizational meeting:
. Acting Mayor: Councilmember Kristi Stover
Council Representatives to:
a. Park Commission Liaison: Jennifer McCarty
b. Planning Commission Liaison: Jerry O'Neill
c. Liquor Stores: Kristi Stover and John Garfunkel
d. Minnehaha Creek Watershed District: Jerry O'Neill
e. Lake Minnetonka Cable Commission: Jennifer McCarty
f. Association of Metro Municipalities: Tom Dahlberg
g. Coordinating Committee South Lake Minnetonka Public Safety Department:
Tom Dahlberg
.
Representatives to Affiliated Organizations:
a. Lake Minnetonka Conservation District: Robert Rascop, Interim Appointment
(Full term is 1/1/97 to 12/31/98)
b. Lake Minnetonka Cable Commission: Jeff Foust
d. Minnetonka Community Services: Tad Shaw
City Attorney: John Dean, Kennedy & Graven
City Prosecutor: Kenneth N. Potts
Emergency Preparedness Director: SLMPSD Police Chief Richard Young
13ft
CITY OF SHOREWOOD
RESOLUTION #97-01
Page Two: Annual Appointments 1997
Official Depositories: First State Bank of Excelsior, 4M Fund & other Depositures
as necessary
Official Newspaper: Sun/Sailor Newspaper
Weed Inspector: Mayor Tom Dahlberg
Assistant Weed Inspectors: Charles Davis & Joe Lugowski
2. That the Blanket Bond (Official Bonds) is approved.
3.
That such appointments shall take effect on the date hereof and shall continue for
the remainder of the year or until such time as a successor is appointed by the City
Council.
.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 13th day of January, 1997.
Tom Dahlberg, Mayor
ATIEST:
James C. Hurm, City Administrator
.
CITY OF SHOREWOOD
RESOLUTION NO. 97-02
A RESOLUTION MAKING COMMISSION APPOINTMENTS
WHEREAS, the City of Shorewood has advertised for Shorewood citizens to
apply to serve on the Park Commission; and
WHEREAS, the City Council will complete a review and selection procedure for
appointment to said commission.
.
NOW, THEREFORE BE IT RESOLVED THAT the City Council of
the City of Shorewood hereby makes the following appointment to Commissions effective
immediately:
Park Commission:
Member
1. William Colopoulos, Jr.
Term
1999
2. Patricia Arnst
1999
Said appointments complete the seven member Park Commission which consists of the
following additional members:
Member
Mary Bensman
Kenneth Dallman
Jim Wilson
Sandra Trettel
Dan Puzak
Term
thru 1998
thru 1998
thru 1997
thru 1997
thru 1997
.
Planning Commission:
Member
1. Christine Lizee
2. Roger Champa
Term
1999
1999
Said appointments complete the seven member Planning Commission which consists of the
following additional members:
Member
Jeff Foust
Virginia Kolstad
Deborah Panas-Borkon
Laura Turgeon
James Pisula, Jr.
Term
thru 1998
thru 1998
thru 1997
thru 1997
thru 1997
4f-38
CITY OF SHOREWOOD RESOLUTION #97-02
Page 2
BE IT FURTHER RESOL YED that the City Council shall make the following position
appointments for the year 1997 at a subsequent Council meeting following
recommendations from each Board:
Park Commission:
Chairperson
Vice Chairperson
Planning Commission:
Chairperson
Vice Chairperson
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 13th day of January 1997.
.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator
.
.~
"t~~ Memo
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....................
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B.cc,dcd P.,.
TO:
James C. Hurm, Shorewood City Clerk
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<,~ u !,', Q,' "99'7 - UI';,
11 . ' -.., i ',' CJ I . j '.
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DATE:
January 7, 1997
FROM:
Thomas May, Hennepin County Assessor
::Iv
SUBJECT: 1997 Local Board of Review Dates
.
Wednesday
Day of the Week
April 2. 1997
Date
Minnesota Law requires that I, as County Assessor, set the date for your Local Board of Review Meeting.
After reviewing previous meeting days and your suggestions oflast year, the above date was selected. I
sincerely hope that it is agreeable with your council.
As there must be a quorum, I would suggest that an informal review of your members with a request that
they mark their calendars would be appropriate.
Please confirm the date set out or call Bill Effertz at 348-3046 with your alternative date byJanuary 21, so
that our printing order can be completed on time. We suggest starting times of 6:30, 7:00, or 7:30 p.m.,
but will discuss it with you if you wish a different time.
.
Your early completion and return of the attached tear off strip will be appreciated and we will send your
official notice for posting as required by law.
Please return to JoDee Nelson, A-2103 Government Center, Minneapolis, MN 55487
------------------------------------------------------------------------------------------------------------------------------
CONFIRMATION
Municipality:
Date:
Time:
Place:
Confirmed by
F or selecting meeting dates in future years, the following information will be helpful
#'-/A
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December 23, 1996
WCl~ Ii
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Ms. TenyNaab
City of Shorewood
5755 Country Club Road
Shorewood,~ 55331
.
Dear Teny,
As indicated, I am interested in submitting a proposal to extend our Recording Secretary
Service Agreement with the City of Shorewood. The only change reflected in the enclosed
addendum is an extension to December 31, 1997.
We appreciate your consideration and look forward to continuing to serve Shorewood in this
capacity. Please feel free to call me at 421-8999 if you should have any questions or need
additional information.
Best regards,
~
.
Carla Wirth
Owner
Enclosure: Addendum
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ADDENDUM TO
RECORDING SECRETARIAL SERVICE AGREEMENT
Dated: December 23, 1996
By and between Carla WIrth, d/b/a! TimeSaver Off Site Secretarial, and the City of Shorewood, 5755
Country Club Road, Shorewood, Minnesota.
1. EXTENSION OF RECORDING SECRETARIAL SERVICE AGREEMENT: The term of
the existing Recording Secretary Service Agreement dated December 22, 1996 shall be
extended under the same terms and conditions to December 31, 1997.
At the end of the term of this Addendum or any extension of it, the parties may make a new
Agreement or extend or modify the terms of this Agreement.
IN WITNESS WHEREOF, the undersigned have executed this Addendum to the Recording
Secretarial Service Agreement as of the day and year indicated.
January _, 1997
CITY OF SHOREWOOD
By
Tom Dahlberg, Mayor
By
James Hurm, City Administrator
Decembeill, 1996
CARLA WIRTH d/b/a! TIMESA VER OFF SITE
SECRETARIAL
By ~ Jid
Carla Wirth, Owner
CITY OF SHOREWOOD
RESOLUTION NO. 97-_
A RESOLUTION APPROVING LICENSES FOR TREE TRIMMERS
WHEREAS, the Shorewood City Code Section 305 provides for the annual
licensing of tree trimmers in the City; and
WHEREAS, said Section provides that an applicant submit a letter of intent and
fulfill certain requirements concerning insurance coverage and pay licensing fee; and
WHEREAS, the following applicants have satisfactorily completed this process
and have submitted the requirements for the issuance of a License for Tree Trimmers.
NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood
as follows:
That a License for Tree Trimming be issued for a term from January 1, 1997 to December .
31, 1997, to the following applicants:
Permit #
Firm Name
Address
97 -016
TREECARE, Steve Meleo
P.O. Box 358
Shorewood, MN 55331
1500 N. Mantua Street
Kent, OH 44240
97 -017
Davey
ADOPTED by the City Council of the City of Shorewood this 13th day of
January, 1997.
.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
t L/c'
..:. r- ~. ..
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A VARIANCE
FOR TWO HOMES ON ONE LOT TO STAN TAUBE
.
WHEREAS, Stan Taube (Applicant) is the owner of real property located at 27280
Edgewood Road in the City of Shorewood, County of Hennepin, legally described in Exhibit A,
attached hereto and made a part hereof; and
WHEREAS, the Applicant has recently purchased the adjoining property located at 5315
Howard's Point Road in the City of Shorewood, County of Hennepin, legally described in Exhibit
B, attached hereto and made a part hereof; and
WHEREAS, the Applicant proposes to combine the two properties in order to build an
addition on the west side of his existing home, leaving the second existing home on the site until
spring of 1997; and
WHEREAS, the Applicant has applied to the City for a variance to temporarily have two
homes on one lot; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
26 November 1996, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 3 December 1996, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their regular
meeting on 16 December 1996, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff.
.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the property is located in the R-1A1S, Single-Family ResidentiallShoreland
district which limits the number of homes on a lot to one.
2. That the two lots, when combined, will contain 155,693 square feet in area.
3 . That after the second home and garage are removed, the total amount of impervious
surface on the combined lots will be approximately 19.8 percent.
4. That the Applicant has agreed to provide an escrow sufficient in amount to
guarantee that the second home and garage will be removed no later than 16 June 1997.
5. That the Applicant understands that he may not be able to resubdivide the property
in the future in compliance with R-1A1S impervious surface requirements.
iT , D,
.
.
CONCLUSIONS
1 . That the Applicant has satisfied the criteria for the grant of a variance under Section
1201.05 of the Shorewood City Code and the result of the variance will ultimately bring the
Applicant's property into greater compliance with the Zoning Code than it is at present.
2. That based upon the foregoing the City Council hereby grants the Applicant's
request for a variance to have two homes on one lot on a temporary basis, subject to the following
conditions:
a. Prior to issuance of a building permit for the addition to the home, the Applicant
must provide evidence that the two lots have been legally combined.
b. Prior to combining the two lots the Applicant must provide a cash escrow or letter
of credit and enter into an escrow agreement guaranteeing that the second house and garage
on the westerly lot will be removed no later than 16 June 1997.
c. The Applicant shall submit a letter stating that he understands that the property may
not be able to be resubdivided in the future in compliance with Shorewood zoning
requirements.
3 . That the City Clerk is hereby authorized and directed to provide a certified copy of this
Resolution for filing with the Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th
day of January, 1997.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
Legal Description:
.
27280 Edgewood Road:
"All that part of Lots 11, 12, 14 and 15 and of Elm Court vacated, Howard's Point,
described as follows: Commencing at the intersection of the South line of Lot 15 in
said Howard's Point with the Easterly line of Maple Avenue (now known as Howard's
Point Road) in said Plat, said point of commencement also being the most Westerly
comer of said Lot 15; thence Northeasterly along the Easterly line of said Maple
A venue a distance of 430.92 feet; thence Southeasterly making an angle of 95 degrees
38 minutes to the right from said last described line a distance of 164.29 feet to the
actual point of beginning of the tract of land to be hereinafter described; thence
continuing Southeasterly at right angles from the Northwesterly line of Lot 14 in said
Howard's Point; thence Northeasterly parallel with the Northwesterly line of Lot 14 to
the shore of Lake Minnetonka; thence Northwesterly along the shore of said lake to a
point in a line drawn Northeasterly from the actual point of beginning and parallel with
the Northwesterly line of said Lot 14; thence Southwesterly parallel with said
Northwesterly line of said lot to the actual point of beginning;
ALSO
That part of Lots 14 and 15, Howard's Point described as follows: Commencing at the
point of intersection of the South line of Lot 15, Howard's Point with the Easterly line
of Maple A venue in said plat; thence Northeasterly along the Easterly line of said Maple
Avenue 430.92 feet; thence Southeasterly making an angle of 95 degrees 38 minutes to
the right from said last described line a distance of 209 feet to the actual point of
beginning of the tract of land to be hereinafter described; thence continuing
Southeasterly along the extension of said last described course to a point 101.07 feet
Southwesterly in a straight line 313.2 feet to a point in the South line of aforesaid Lot
15, distance 292.68 feet East of the Easterly line of Maple Avenue; thence West along
the South line of said Lot 15 a distance of 74.88 feet to a point in a line drawn
Southwesterly from the actual point of beginning and parallel with said Maple Avenue;
thence Northeasterly parallel with the Easterly line of said Maple Avenue 344.2 feet to
the actual point of beginning;
ALSO
That part of Lots 12, 14, and 15, Howard's Point, described as follows: Commencing
at a point on the Easterly line of Maple Avenue 430.92 feet Northerly from the
Southwest comer of Lot 15; thence Southeasterly deflecting at an angle of 95 degrees
38 minutes to the right from said last described line a distance of 164.29 feet to the
actual point of beginning of the triangular tract of land to be hereinafter described;
thence continuing Southeasterly along the extension of said last described course a
distance of 44.71 feet; thence Southwesterly a distance of 344.30 feet in a straight line
drawn parallel to the East line of Maple Avenue to the point of intersection with the
Southerly line of Lot 15; thence Northeasterly in a straight line to the actual point of
beginning; according to the recorded plat thereof, Hennepin County, Minnesota;
together with the easement for driveway created iq Book 1733 of deeds, Page 102."
.
Exhibit A
--..
Legal Description:
.
5315 Howards Point Road:
"All that part of Lots 4, 10, 11, 12, and 13 and of Elm Court vacated, and of the
Southeasterly Half of Maple Avenue vacated, Howard's Point, described as follows:
Commencing at the Southwest corner of Lot 15, Howard's Point; thence Northeasterly
along the Southeasterly line of said Maple A venue a distance of 430.92 feet; thence
deflecting to the right at an angle of 95 degrees 38 minutes from the last described
course a distance of 164.29 feet to the actual point of beginning of the tract to be
described; thence Northeasterly along a line parallel with the Northwesterly line of Lot
14, Howard's Point to the shore of Lake Minnetonka; thence Northwesterly along the
shore of Lake Minnetonka to the intersection with a line which is herein referred to as
Line "A:, which Line "A" is described as follows: Commencing at the Southeast corner
of Lot 7, Howard's Point; thence Southwesterly along the Northwesterly line of said
Maple Avenue a distance of 172.1 feet; thence Southeasterly deflecting to the left at an
angle of 31 degrees 25 minutes from the last described course, a distance of 38.37 feet
more or less, to the center line of said Maple Avenue; thence Northeasterly along the
center line of said Maple Avenue a distance of 74.03 feet to the actual point of
beginning of Line "A"; thence Northeasterly in a straight line through a point in the
South line of Lot 4, Howard's Point distance 91.4 feet East of the Northeast corner of
Lot 6 in said Howard's Point to the shore of Lake Minnetonka and there terminating;
thence Southwesterly along said Line "A" to the center line of said Maple Avenue;
thence Southwesterly along the center line of said Maple A venue a distance of 74.03
feet; thence deflecting to the left at an angle of 31 degrees 25 minutes from the last
described course a distance of 38.37 feet to the Southeasterly line of said Maple
A venue; thence Southwesterly along the Southeasterly line of said Maple A venue to a
point in said line distant 250 feet Northeasterly from the intersection of the
Southeasterly line of said Maple Avenue and the South line of Lot 15, Howard's Point;
thence East parallel with the South line of said Lot 15, a distance of 186.15 feet to the
intersection with a line drawn from the actual point of beginning to a point in the South
line of said Lot 15 distant 217.8 feet East of the Southwest comer of said Lot 15;
thence Northerly in a straight line to the actual point of beginning, all according to the
plat thereof on file or of record in the office of the Register of Deeds in and for
Hennepin County, Minnesota."
.
Exhibit B
CORPORATE AUTHORIZATION RESOLUTION
By: City of Shore\vood
(Corporation)
5755 Country Club Road
(Address)
Shorewood, MN 55331
(City. State and Zip Code)
A. I, James C. Hurm . certify that I am Secretary (clerk) of the above named corporation
organized under the laws of Minnesota , Federal Employer 1.0. Number 41-6005142 , engaged in business
under the trade name of City of Shorewood , and that the following is a correct copy of resolutions adopted at a meeting of
the Board of Directors of this corporation duly and properly called and held on . 19 . These
resolutions appear in the minutes of this meeting and have not been rescinded or modified.
B. Be it resolved that,
(1) The Financial Institution named above is designated as a depository for the funds of this corporation.
(2) This resolution shall continue to have effect until express written notice of its rescission or modification has been received and recorded by this
Financial Institution.
(3) All transactions, if any, with respect to any deposits. withdrawals, rediscounts and borrowings by or on behalf of this corporation with this Financial
Institution prior to the adoption of this resolution are hereby ratified, approved and confirmed.
(4) Any of the persons named below, so long as they act in a representative capacity as agents of this corporation, are authorized to make any and all
other contracts, agreements, stipulations and orders which they may deem advisable for the effective exercise of the powers indicated below, from time
to time with this Financial Institution, concerning funds deposited in this Financial Institution, moneys borrowed from this Financial Institution or any
other business transacted by and between this corporation and this Financial Institution subject to any restrictions stated below.
(5) Any and all prior resolutions adopted by the Board of Directors of this corporation and certified to this Financial Institution as governing the operation
of this corporation's account(s), are in full force and effect, unless supplemented or modified by this authorization.
(6) This corporation agrees to the terms and conditions of any account agreement, properly opened by any authorized representative(s) of this
.ration, and authorizes the Financial Institution named above. at any time. to charge this corporation for all checks. drafts, or other orders, for the
ent of money, that are drawn on this Financial Institution, regardless of by whom or by what means the facsimile signature(s) may have been
ed so long as they resemble the facsimile signature specimens in section C. (or the facsimile signature specimens that this corporation files with this
Financial Institution from time to time) and contain the required number of signatures for this purpose.
C. If indicated. any person listed below (subject to any expressed restrictions) is authorized to:
(A)
(8)
(C)
(D)
Name and Title
Tom Dahlberg, Mayor
James C. Hurm, Administrator/Clerk
Alan.J RoJek, Finance Di r/Treasnrer
Theresa 1. Naab, Depnty e:lerk
Signature
Facsimile Signature
(" used)
~
,
Indicate A. 8, C and/or 0
(1) Exercise all of the powers listed in (2) through (6).
(2) Open any deposit or checking account(s) in the name of this corporation.
(3) Endorse checks and orders for the payment of money and withdraw funds on deposit with this Financial Institution.
Number of authorized signatures required for this purpose 1
(4) Borrow money on behalf and in the name of this corporation, sign, execute and deliver promissory notes or other
evidences of indebtedness.
B, e:
A, B, e:, D
A, B, e:
.
B, e:
A, :6, C,D
Number of authorized signatures required for this purpose
(5) Endorse. assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real
estate or other property now owned or hereafter owned or acquired by this corporation as security for sums borrowed,
and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to
waive demand. presentment, protest, notice of protest and notice of non-payment.
Number of authorized signatures required for this purpose 2
(6) Enter into written lease for the purpose of renting and maintaining a Safe Deposit Box in this Financial Institution.
Number of authorized persons required to gain access and to terminate the lease 1
2
D. I further certify that the Board of Directors of this corporation has, and at the time of adoption of this resolution had. full power and lawful authority to
adopt the foregoing resolutions and to confer the powers granted to the persons named who have full power and lawful authority to exercise the same.
In Witness Whereof, I have hereunto subscribed my name and affixed the seal of this corporation on
IMPRINT
SEAL
HERE
,19
Attest by One Other Officer
Secretary
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@ 1985 BANKERS SYSTEMS. INC., ST. CLOUD. MN 56301 (1.800.397.2341) FORM CA.l 12129/89 ~,::
JIfE.
AGREEMENT FOR LEGAL SERVICES
TillS AGREEMENT, entered into between the CITY OF SHOREWOOD, a Minnesota municipal
corporation, hereinafter called "the City" and KENNEDY & GRA YEN, CHARTERED, hereinafter
sometimes referred to as the "City Attorney" of the "Firm" on this day of , 1997.
WITNESSETH:
WHEREAS, the City is desirous of retaining the services of the Firm as City Attorney, and
WHEREAS, the said Firm is desirous of serving the City in the capacity of City Attorney, and
WHEREAS, at a duly called and held meeting of said City Council on January 13, 1997, the City
Council confirmed the appointment of the firm as City Attorney, with Mr. John B. Dean of said Firm,
hereafter called "the Attorney", serving as primary legal counsel for the City and authorized the execution
of an Agreement with said Firm setting forth the terms and conditions of said appointment.
NOW, THEREFORE, in consideration of the mutual promises and conditions herein contained the
. City and the Firm agree as follows:
1 . The City appoints the Firm as City Attorney, with Mr. John B. Dean acting as primary
legal counsel for the City.
2. The City Attorney agrees to perform all usual and customary legal services for the City in
accordance with the terms of this Agreement.
3 . The City agrees to compensate the City Attorney for said services as follows:
a) At an hourly rate of $100 for the following Services:
1) meetings with and advising Mayor, Councilmembers, City Administrator,
department heads and designated individuals on general legal matters;
2)
research and submission of legal opinions on municipal or other legal
matters;
.
3) provide, as requested, updates on new state or federal legislation or judicial
holdings impacting the City, and suggested actions or charges in operations
or procedures to assure compliance;
4) preparation and/or review of Resolutions, Ordinances or code changes and
review of or as directed preparation of development and other agreements as
requested;
5) preparation and litigation of minor civil cases including hazardous building
actions;
6) response to complaints/inquiries from the public;
7) review of fidelity and performance bonds, securities, deeds and insurance
requirements by or for City contracts or activities;
;F1F
8) review or, as directed, preparation of municipal contracts, including
contracts for public improvements, developments, joint power agreements,
construction, purchase of equipment real or personal property and the like;
9) Any.and all other matters for which the City desires legal counsel and
servIces.
b) At the rate of $120 per hour for the following services;
1) all litigation except minor matters such as hazardous building actions;
2) all "pass through" matters;
3) all specialized matters which are not otherwise provided for in a) above or
4. below.
4.
c) At a flat fee of $200 for attendance at each City Council meeting.
The City Attorney will also act as approving bond counsel for the City as directed by the .
City. In the event such services are directed by the City, the fees shall be those usually and
customarily charged by the Firm to clients which the Firm represents as City Attorney
(reduced from non-client accounts).
5. The Firm shall also be reimbursed for allowable costs and disbursements which it incurs in
connection with providing any of the services contemplated by this Agreement. Allowable
reimbursable costs and disbursements shall not include the following: Mileage charges for
attendance at meetings at City Hall; secretarial and word processing services, computer
assisted research and faxing charges.
6. Billings by the Firm to the City for services, costs and disbursements shall be made
monthly. The billing statement shall be of sufficient detail to adequately inform the City
concerning the tasks performed, the attorney performing them, the time spent on each task
and the nature and extent of costs and disbursements. The statement shall also contain a
summary which shows the total time spent for each category and the total fees, charges and
disbursements for each category. Copy charges shall be at the standard rate charged to .
Firm clients. Time will be billed in.1O hour (six minutes) increments or greater. No
charge is to be made for activities which involve less time than six minutes unless they are
linked with other activities which have a total of at least six minutes. Time spent by law
clerks and paralegals of the firm on City matters will be billed at the rate of $50 and $60 per
hour respectively.
7 . It is the intention of the parties and it is hereby agreed by the City Attorney, that the term
"Primary legal counsel" as used herein means and refers to Mr. John B. Dean who will,
except in the case of extraordinary circumstances involving disability, unavoidable conflict
or other good and substantial reasons, perform, supervise and be responsible to the City
for the legal services herein agreed upon. In the event of such circumstances, Ronald Batty
is designated to act in Mr. Dean's place as primary legal counsel for the City.
The Firm shall provide the City with the names and qualifications of such other attorneys
employed by the firm who will from time-to-time be called upon to perform the services
described in this Agreement under the supervision of Mr. Dean. The City shall, with
regard to such other attorneys, have the right to direct that their work on such matters be
restricted or precluded.
2
8. The parties acknowledge that significant initial time will be required for the Firm to
familiarize itself with the laws and procedures of the City, the status if items in progress
and other similar matters. The parties agree to cooperate in such process and further agree
that no fees, shall be payable to the Firm and no costs or disbursements reimbursed to the
Firm for activities which are the nature of initial familiarization with the City.
9. The Firm agrees that initially, or at intervals selected by the City, and at no cost to the City
it will report to the City concerning suggested programs, and procedures which may be
appropriate to reduce the legal costs and expenses of the City. The first such report will be
provided in July, 1997.
10. The Attorney will be responsible for maintaining two copies of a City Attorney opinion
book at the Shorewood City Hall. They shall contain all written opinions of the City
Attorney, and shall be indexed, alphabetized and chronologically numbered by topic.
11. Compliance with Laws - The Attorney shall comply with all applicable laws and regulations
of the City, State and Federal governments.
.
12.
Findings Confidential - All of the reports, information, data, etc., prepared or assembled
by the Attorney under this Contract are confidential and the Attorney agrees that they shall
not be made available to any individual or organization without the prior written approval of
the City.
13. All of the required services will be performed by the Attorney and all personnel engaged in
the work shall be fully qualified and shall be authorized or permitted under State and
Federal law to perform such services. None of the work or services covered by this
Contract shall be subcontracted without the prior written approval of the City.
14. This Agreement may be amended by the parities at any time by mutual consent.
15. This Agreement may be terminated by the City at any time and by the Firm upon 60 days
written notice to the City.
.
IN WITNESS WHEREOF, the parties have this _ day of ,1997, caused this
Agreement to be duly executed by their proper officers and representatives as of the day and year first
above written.
THE CITY OF SHOREWOOD
By
Mayor
By
Administrator
KENNEDY & GRA YEN, CHARTERED
By
3
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, DECEMBER 17, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Borkon called the meeting to order at 7:01 p.m. She welcomed Mayor-elect Dahlberg and
Councilmembers-elect O'Neill and Garfunkel and thanked them for attending the meeting.
Councilmember McCarty arrived at 7:45 p.m.
ROLL CALL
Present:
Chair Borkon; Commissioners Foust, Kolstad, Lizee, Pisula and Turgeon; and
Planning Director Nielsen.
Absent:
Commissioner Rosenberger; Council Liaison Benson.
.
APPROVAL OF MINUTES
Turgeon moved, Pisula seconded approving the December 3, 1996, Planning
Commission Meeting Minutes as amended under Item 1, change "Shanewenner" to
"Shoenewetter"; Page 2, Paragraph 7, Sentence 2, add "that" after "Nielsen
stated"; Page 2, Paragraph 4, Sentence 2, add "kitchen" before "hours"; Page 2,
Paragraph 11, Sentence 1, change "license" to "approval"; Page 3, Paragraph 3,
Sentence 1 change to read "to perform a scientific"; Page 3, Paragraph 5,
Sentence 1, after "due diligence" add "would have established a precedent to
resolving these types of questions."; Page 3, Paragraph 12, Sentence 1, change to
read "serving alcoholic beverages" rather than "liquor." Motion passed 6/0.
1. REPORTS
Commissioner Turgeon reviewed the matters considered and actions taken by the City Council at
their December 16, 1996 meeting.
.
2.
3.
MATTERS FROM THE FLOOR - None
DISCUSSION REGARDING RECOMMENDATIONS FOR APPOINTMENT
OF PLANNING COMMISSION CHAIR AND VICE-CHAIR FOR 1997
Counci1member-elect O'Neill asked the Commission to delay consideration of this matter until after
the 1st of the new year. Chair Borkon explained the procedures followed by the Commission
noting that generally the senior most person would be nominated as the chair person. This
nomination would be forwarded on to the Council for their approval.
Councilmember-elect Garfunkel stated there will possibly be two new members appointed to the
Commission who should have a voice in this decision.
Councilmember-elect O'Neill explained there had been discussions during the campaign relative to
changing the Planning Commission through the appointment of the chair and vice chair positions.
Since the election and input received from other people, this position has been backed away from.
Commissioner Turgeon commented on how she felt when she was initially appointed to the
Commission and expressed her opinion it would not be easy to be the chair person without some
experience in this regard.
,...
PLANNING COMMISSION MEETING MINUTES
DECEMBER 17, 1996 - PAGE 2
This matter was reconsidered after consideration of Item No.4.
Councilmember McCarty expressed her opinion that an experienced member of the Planning
Commission would be appointed as the chair person.
Councilmember-elects Garfunkel and O'Neill stated it was their understanding once the
Commission has been completed with the appointment of at least one new member, at that time the
Commission should follow their established procedure of nominating the chair and vice chair
positions. These nominations would then be forwarded to the City Council for their approval.
Councilmember McCarty noted her agreement. She felt the members of the Planning Commission
would be the best suited to decide who would be the best chair and vice chair to be submitted for
Council approval.
Commissioner Kolstad commented that as a fairly new member of the Commission what is
important in a chair and vice chair is not their views, but the way they handle meetings, the way
they build consensus and the way they deal with the public. She noted these to be critical issues,
more so than the personal views of the chair and vice chair. Commissioner Kolstad felt that
perhaps someone on the Commission would have a better feel for those characteristics than .
someone newly appointed.
It was the consensus of the Commission to make the nominations for the positions of chair and
vice chair after the 1st of the year.
Item No.6 was the next matter considered.
4. DISCUSS SPECIAL NOTICE FOR CONTINUED PUBLIC HEARING
REGARDING THE PROPOSED AMENDMENT TO THE WATERFORD
P.U.D. DEVELOPMENT AGREEMENT
Chair Borkon expressed her approval of the letter prepared by City Staff. Nielsen informed the
Commission the applicant had expressed a desire to prepare a letter describing his request which
could be distributed to everyone receiving the public notice.
Chair Borkon suggested the public hearing notices be added to the net page. Councilmember-elect
Garfunkel commented this is an issue he is currently addressing with City Staff. He also felt when .
feasible, perhaps a telephone call leaving a message relative to the public hearing would be
appropriate. Garfunkel felt this would be an enhancement to the notices which are mailed.
Mayor-elect Dahlberg suggested the possibility of hiring a full time staff person for the purpose of
communications. He inquired as to the cost of telemarketing. Commissioner Pisula stated his
belief this would cost $4.00 to $5.00 per call given the nature of the calls being made.
Commissioner Foust asked if the homeowners association presidents would be contacted by
telephone. Nielsen stated they would receive the notice. In addition, the three affected
homeowners associations could be contacted by telephone advising them of the hearing.
Relative to the proposed amendment to the Waterford P.D.D. Development Agreement, Mayor-
elect Dahlberg commented this could be a change in social policy and felt a number of people
should be involved in the process.
Mayor-elect Dahlberg suggested in a situation such as this, perhaps the applicant should be
required to provide valid market research as to the public interest in an establishment of this type to
be located on this site. Commissioner Lizee felt this would be addressed through the public
hearing process.
....~
PLANNING COMMISSION MEETING MINUTES
DECEMBER 17, 1996 ~ PAGE 3
Commissioner Kolstad felt if this were to be a sports bar type establishment it would be more of an
issue, however, this is a fairly low key type establishment. She felt that noticing the immediate
neighborhood would be sufficient. Commissioner Pisula noted his agreement. He stated it is the
responsibility of the applicant to make his case for his request rather than the City carrying that
burden.
It was the consensus of the Commission to proceed with the distribution of the proposed notice
with telephone calls to the three homeowners associations which are affected. Commissioner Lizee
requested further information relative to the types of liquor licenses available in addition to copies
of the meeting minutes at the time the covenants were developed.
The Commission reconsidered Item No.3 at this point.
5. JOINT MEETING WITH SHOREWOOD CITY COUNCIL AND COUNCIL-
ELECT
.
Councilmember-elect Garfunkel asked for some background from each of the commissioners and
what brought them to serve on the Planning Commission. (Commissioner Foust left at 8:36 p.m.)
Mayor-elect Dahlberg expressed concern relative to developers who violate the terms and
conditions of a P.D.D. and view the monetary sanctions as a cost of doing business. Nielsen
pointed out that a P.D.D. can be revoked. Chair Borkon noted there to be an issue of
enforcement.
Mayor-elect Dahlberg suggested the Planning Commission address the issue of developer
compliance and enforcement. He felt sanctions relative to violations should be much stronger.
Renae Dussault was present and suggested the neighborhood associations be made aware of the
various codes to be watched for and the associations could then monitor the developments for
violations.
.
Mayor-elect Dahlberg also noted green space to be a topic to be addressed and stated Shorewood
could potentially purchase green space for purposes of preservation. Dahlberg also felt there are
property rights issues to be addressed.
Mayor-elect Dahlberg expressed an interest in visiting again with the Planning Commission with
respect to such subjects as the Metropolitan Council and contemporary logistics. (Dahlberg left the
meeting at 9:30 p.m.)
Councilmember-elect Garfunkel felt one of the main issues to be addressed to be communications
with the residents. Some considerations would be a monthly newsletter versus a quarterly
newsletter. Commissioner Kolstad felt it would be helpful to include in the newsletter the issues
being considered by the City Council and the Planning Commission.
Councilmember-elect O'Neill stated he has researched neighborhood associations and noted to get
an association started requires volunteers and a lot of work. He stated there are studies available
explaining how to get associations established. Chair Borkon noted there is an expense involved
with completing clerical type tasks within the association. Resident participation within the
association can also be difficult to obtain.
Commissioner Kolstad felt a benefit to having a neighborhood association is that it provides a
conduit for getting information to the neighborhoods.
PLANNING COMMISSION MEETING MINUTES
DECEMBER 17, 1996 - PAGE 4
Mr. Dussault suggested the Planning Commission do as little as possible and if something
important needs to be addressed, that should be publicized. It was his belief the residents would
prefer a less proactive government. Mr. Dussault felt the residents' interests should be protected,
but the local government needs to be less active. He expressed his opinion that residents do not
like to attend meetings at night to address the issues which arise.
Councilmember McCarty pointed out residents are not required to appear at a meeting to have a
voice. They can simply call City Hall or put their position in writing and it will come before the
Council the same as if they appeared at the meeting to speak.
6. ADJOURNMENT
Turgeon moved, Lizee seconded to adjourn the meeting at 9:47 p.m. Motion
passed 6/0.
RESPECTFULL Y SUBMITTED,
Cheryl WalIat
Recording Secretary
TimeSaver Off Site Secretarial
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CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION DENYING AN APPEAL BY SCOTT CABALKA TO
KEEP A NONCONFORMING DOCK
WHEREAS, Scott Cabalka (Appellant) is the owner of property located on
Christmas Lake Road, said property being described as:
"That part of Lot 186 lying north of Registered Land Survey no. 471, Auditor's
Subdivision No. 120, Hennepin County, Minnesota."; and
WHEREAS, based upon neighborhood complaints the property was inspected
and found to have a number of dock structures where no principle dwelling exists on the
lot; and
.
WHEREAS, having received a zoning violation letter from the City ordering
removal of the dock structures, James Cabalka has filed an application for an appeal on
behalf of Scott Cabalka to keep the docks; and
WHEREAS, a public hearing was held and the application was reviewed by the
Planning Commission on 3 September 1996 and, after deliberation, the Planning
Commission recommended denial of the appeal; and
WHEREAS, the City Council at their regular meeting held on 16 December 1996
reviewed the material submitted by the Appellant, the recommendation of the Planning
Commission, the Planning Director's staff report, dated 29 August 1996, which report is
on file in the Shorewood City Hall, and correspondence from various residents and
property owners;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
.
FINDINGS OF FACT
1. That the Appellant's property is located in the R-IA1S zoning district which
requires that a principle dwelling be located on the lot in order to have a boat dock.
2. That the Appellant's property has inadequate size to build a home in
compliance with the requirements of the R-IA1S zoning district.
3. That prior to Scott Cabalka's ownership of the property, it was owned by
James Cabalka, who had previously owned an adjoining parcel to the south on which his
home was located.
4. That a survey prepared by Israelson & Associates in June of 1981 for James
Cabalka, has sufficient detail to show a dock on the Cabalka homestead parcel but does not
show any dock on the vacant, unbuildable parcel currently owned by Scott Cabalka.
5. That James Cabalka explains that the dock on the vacant parcel was not
shown on the 1981 survey because he directed the surveyor not to show it.
b.
... ...,. If.
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6. That in correspondence to the Shorewood Planning Commission, dated
3 March 1981, James Cabalka mentions a proposed use of the property including building
a small boat dock on the site without an established residence.
7. That in order for the dock in question to be a legal nonconforming use, the
dock had to have been constructed prior to 21 January 1965 and continuously maintained
since that date.
8 . That the Appellant states that the dock was built prior to 21 January 1965
and has provided letters from past and present residents of Christmas Lake stating that a
dock had previously existed on the vacant parcel.
9. That letters have been received from past and present residents of Christmas
Lake disputing that the dock was built prior to 1965.
10. That review of available old aerial photos on fIle at the University of
Minnesota, the City of Shorewood and the Minnesota Department of Natural Resources
does not reveal a dock on the vacant parcel until April 1985.
CONCLUSIONS
1 . That the Appellant has failed to provide adequate evidence demonstrating
that the dock currently located on the property existed before, and has been maintained
since, 21 January 1965.
2.
denied.
That the Appellant's appeal to keep the nonconforming dock is hereby
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
13th day of January, 1997.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
2
, .
KELLY LAW OFFICES
Established 1948
351 SECOND STAEET
EXCEL.SIOA. MINNESOTA 55331
MAAK W. KEL.L.Y
WIL.L.IAM F. KEL.L.Y (1922-1995)
(612) 474-5977
FAX 474-9575
January 3. 1997
.
Mayor Elect Tom Dahlberg
and
Council Members Elect Jerry O'Niell. John Garfunkel
and
Council Members Krist! Stover. Jennifer McCarty
City of Shorewood
5755 Country Club Road
Shorewood. MN 55331
Re: Cabalka Dock
Dear Mayor Dahlberg and Council Members:
.
Presently. before the Shorewood City Council. is the acceptance of findings
concluding that the Cabalkajamily hasjailed to prove that it has a grandfathered
right to maintain a dock on a non-buildable Christmas Lake Road lot. For
reasons set out below. such a conclusion is unjustified. Because three of the five
current City Council Members are strangers to this discussion. a summary of the
information supporting an alternate finding. to-wit: that the Cabalka family
holds rights which predate the 1965 ordinance are set forth below.
In 1954. the Cabalkas owned four lots on Christmas Lake Road. They sold off two
and kept the third as a site for their home. The fourth abutted this homestead
site and was unbuUdable because of its size. It is this last lot that the family
retains to this day. (See Exhibit A.)
Copies of tax statements payable for 1958 illustrate that the County Treasurer
maintained the homestead and non-buildable lot as separate taxable units. The
Cabalkas paid taxes of$15.28 in 1958 assessed to the non-buildable lakeshore
lot. (See Exhibit B.)
Unlike today. the shoreline was in 1954 a marsh thick with cattails; and the bay
was filled with lUypads. (See Exhibit C.)
;. ,
KELLY LAW OFFICES
-2-
.
The quality and character of docks, of that time. was typically crude in
comparison to store-bought docks employed today. Exhibit D is an excerpt from
a book on ornithology of the Christmas Lake area published by then Christmas
Lake Road resident DuBois. It illustrates the character of the dock which the
Cabalka family maintained during much of its ownership of the property.
In the late 1950's, the property became host to a small dock. This later
accommodated a row boat With a weed-cutting machine that was commonly
owned by siX individuals along Christmas Lake Road including Lars Anderson,
Bill Maddy, and Robert Noren, all of whom-have provided letters confirming the
longevity of the Cabalka dock use (see Exhibit E). Other owners included Roy
Martin, William F. Kelly and James Cabalka. Exhibit F describes the weed-cutter
the partnership used to cut navigation pathways through the otherwise
unnavigable lilypad filled bay. The non-buildable Cabalka lot provided the perfect
location for the storage of this weed-cutter which continued to be used by the
partnership well into the 1970's.
.
Letters from Billy L. Maddy, George and Kay Noren and Lars Anderson verify that
the dock on the non-buildable lot predates the adoption of the ordinance by the
City of Shorewood in 1965. Additional letters from Mary and John Schmitt,
Dr. Lee Hermann, and John K. Raymond confIrm that the dock in question was
in use in the 1950's. Oblique aerial photos from 1985 (earlier provided to the
City) and a letter from Ann and Jerry Hilllus confrrm that the dock existed in
1985 when the Cabalkas sold their homestead lot. The City has inquired whether
or not aerial photographs might not be available to show the existence of the dock
at earlier times. Exhibit G shows samples of the photographs the City has to date
inspected. The scale (one inch equals 800 feet) is too small to show any docks,
much less homes in the City of Shorewood.
In 1981, the Cabalka family pursued a simple subdivision of their homestead lot
to create a second building site on the previously non-buildable lot. A
topographic survey of the homestead lot (third lot) submitted at that time does not
illustrate the dock in question, but as explc3.1ned by AI Rehder, preSident of
Israelson and Associates (who prepared the survey), the survey was not intended
to determine boundaries and the illustration prepared does not negate the
presence of the dock at that time. (See Exhibit H.)
The Cabalka family has continued to make use of the dock on Christmas Lake for
over forty years. The dock is better constructed than in the past. largely out of
necessity to accommodate the mobility needs of Betty Cabalka. a senior citiZen.
and EliZabeth Cabalka who suffers from disabilities related to congenital hip
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KELLY LAW OFFICES
-3-
problems. Some of the original dock can be found beneath the modem dock. The
property is neatly maintained and like other docks along thatstretch of Christmas
Lake Road. it is independent of any identl:fiable related homestead.
The Cabalka family takes issue With the position of the City of Shorewood that it
is the family's burden to prove their right to continued use of their property for
docking on Christmas Lake. After forty years of use (a use predating the
ordinance) such a demand is unreasonable. They disagree With the preVious
Council's recommendation that this Council adopt findings of fact that the
Cabalkas have not "proven" their right to maintain a dock on the subject property.
To the contrary. they believe the materials set forth hereWith adequately establish.
through third parties eVidence. that the use of the subject property as a lake
access lot predates the adoption of the ordinance in question. Consequently. the .
Cabalka family's rights to maintain a dock on the property are under law
"grandfathered". They believe it is wrong for the City to expend its resources to
attack a life-long property owner's exercise of property rights. In the course of
this proceeding. the City Council has required evermore proof and. in particular.
aerial photographs which because of their limited resolution can never
demonstrate the eXistence of the dock in question. The Cabalkascannot produce
more and more proof of activities thirty-two years ago.
The Cabalkas ask that this Council make a finding that their use of the property
for docking predates the adoption of the ordinance and that their right to
continued use of the property for docking purposes is "grandfathered" and should
not be challenged by the City of Shorewood.
As always. the Cabalka family stands ready to answer your questions and looks .
forward to your deliberations.
Sincerely.
7--k"J~~~
Mark W. kelly .~ .
Attorney for the Cabalka Family
MWK/tas
Attachments
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..0_
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CHRISTMAS LAKE
'54
.
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~XHiBIT A
TAX LAWS
ON REVERSE SIDE
".SUSED
"111011
~bll 'NBFA'
STATEMENT OF aL ESTATE TAXES FOR YEAR _-PAYABLE IN 1958
THIS IS
YOUR
FULL TAX
JAMES
S
CABALKA
TAX
"Ann 1 S T N AT L B K _-
HOPKINS MINN
T
A
X
R
A
T
E
TRACT A
21.152
21813
135429
PLAT
1500
PARCEL
MAKE CHECKS PAYABLE TO
GEO. A. TOTTEN, JR.
HENNEPIN COUNTY TREASURER
FIRST INSTALLMENT
H~CY 0 2 1 4 '7 t-M Y 3 1. ~R
TREASURER'S OFFICE. HENNEPIN COUNTY. lI& COURTHOUSE, MINNEAPOLIS IS, MINN,
OFFICE HOURS.' TO 4. SAT, . TO IZ
NAME OF ADDITION
SECTION on LOT TOWNSHIP on BLOCK RGE
ETALREG LAND
GEN
GEN
SURVEY
471
NO
TAX
TAX
VALUATiON
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1'000
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HOMESTEAD
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.-----...-....--.. -OiSTRiC,,'SCHOot... hACRES. FULL TAX
DISTRICT
DO NOT DETACH STUBS. TAXES CANNOT BE PAID WITHOUT
THIS COMPLETE FORM
-!!:._It!.~_~.!l..9PERTY -':!..~.~E.lE_~~ SOt,...1:? PLEASE FORWARD THIS STATEMENT 1.:~HE
NEW OWNER. OR MARl( BILL SOLD AND RETURN IT IMMEDIATELY TO TlHS OFFICE.
SECOND INSTALLMENT OR FULL PAYMENT
1 q r-. q 3 fIN
'\ ') 1 5 :1 J GCC5 1C\
"I.'1\.,1 -. -
1 9 r) .R 3 ',N
EXHlnIT~
---~=-- STATEMENT OF REAL ESTATE TAXES FOR YEAR 1957-PAYADLE IN 1958
TAX LAWS ..n!ltt~ flr
ON REVERSE SIDE'"",~ov77 . NorA' TREASURER'S OFFICE. HENNEPIN COUNTY, "' COURTHOUSE. MINNEAPOLIS IS, MINN,
OFFICE HOURS. 8 TO ~. SAT, 8 TO 12
THIS IS
YOUR
FULL TAX
--'-.------..-.-.,..-.----.---- --------------..------.
ASSESSED
NAME
NAME OF ADDITION
JAMES S CABALKA ETA LAUD SUB NO 120
186
SECTION all LOT TOWNSHIP all BLOCK RGE
F'UU.TAX-- ----
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: 15:28
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~~--~---------u~::.j.:::- -Ac.iBL ruc: :1:'8
DISTRICT
DO NOT DETACH STUBS. TAXES CANNOT BE PAID WITHOUT
THIS COMPLETE FORM
TAX
"AYEA 1'S T N A T L . B K HOP KIN S
--VALUATiON
.__a____._.________
T
A
X
THAT
LAND
'21813
70
PART OF LOT7166
SURVEY NO 4 1
GEN TAX
LYING N OF REG
R
A
T
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,
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t400
PLAT
48:J
PARCEL
MAKE CHECKS PAYABLE TO
GEO. A. TOTTEN, JR.
HENNEPIN COUNTY TREASURER
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-.!!::..:r!f.~!?_.P.!:l2PE~JY H~.!!.~~~~ s01-O p.,=!~~_!.ORWAnD TH..!..~.!.A!..~~~!~.TlIE
~EW~W.':'!.~R. O,!..!"A_RK BILL SOLO AN~ RETUR..N IT IMMEDIATELY TO THis OF"'IC~,_.__
I~L r ~-'J-~-~~::C:N: IN:"'..'N'". ~-:.:Y",:'
FIRST INSTALLMENT
...-
i-I~CTO 2. 1 4 8 ~MY3 1. ~R
7 .h 4 .\N
.
.
. .
SNAPSHOTS ON THIS PAGE SHOW THE PRIMITIVE CONDITION OF LAND PURCHASED BY
BETTY AND JIM CABALKA FROM MRS. HOPWOOD IN 1954. THE CABALKAS CLEARED
THE LAND OF BRUSH THEMSELVES AND HAD IT SURVEYED INTO FOUR PARCELS. THEY
CUT DOWN OAK TREES ON A HOMESITE USING A TWO PERSON HANDSAW AND BEGAN
BUILDING THEIR HOME IN 1955.
2...
EXHIBIT
c
.
.
BY JUNE THIRD ONE YEAR eight different kinds.of birds.
'vvere nestina in ou.r little Christmas Lake marsh.
....
-~.'"~ P-J ~T D
. .
BILLY L. MADDY
5330 Beacon Hill Road · Box 220
Minnetonka, h4N 55345
(612) 988-7786
fILE COPl
/
,,' i .t :-: .....i :,..1" __;_.~~~...
'--- .....
August 31, 1996
TO: Mr. Brad Neilson, City Planner
City of Shorewood
Dear Mr. Neilson:
A former neiqhbor, Mr. James Cabalka, has asked me to write
and corroborate some events of some of our years at Christmas
Lake. The bay Mr. Cabalka and I were on is shallow (maybe
because this is the corner with the channel that carries the
lake's overflow to Lake Minnetonka). Silt and o~her debris is
probably carried into and filled up this area of the lake.
This bay, being shallow, was an invitation for aquatic nuisance
weeds to thrive.
.
We tried many things to try and salvage weed-free areas to
realize Some water recreational value from the lake.
At one point, we went together and hired a commercial aquatic
weed harvester. This commercial weed harvester told us then tha t
we neighbors would have to keep at it or the weeds would grow
right back. At this point, Mr. Cabalka was instrumental in organ- .
izing neighbors to purchase a Jari underwater weed cutter.
Dr. Noren, a neighbor and co-owner of the cutter, donated a
boat that the equipment could be permanently installed on for
more convenient use. The donated boat was moved around from
neighbor to neighbor as needed to help control the weeds.
This boat and the weedcutter caused a need for extra dockage
or a second dock. I recall that Mr. Cabalka had an extra dock in
those ~.~.~r.~:.,.
Someone recalled that it w~~ 19~9 when we bought the Jari weed-
Ciitter ~ ----These were the "yearS . our families were growing up and
needed boats, canoes, ski boats, fishing boats, paddle boats,
etC.--all requiring dockage. It is not feasible to make a dock
any longer than 50 ft. So, to accommodate the extra watercraft,
I recall Mr. Cabalka had two docks. I added another section to
my dock to form an "L".
Another guy that should recall Cabalka's second dock should be
Dr. Noren's middle son George. Young George and I were asked
EXHIBIT E
.
.
. .
page 2
August 31, 1996
TO: Mr. Brad Neilson
to do some aquatic weed mowing one afternoon. We walked down to
Cabalka's shore to prepare the equipment for use. The weedcutter
was top heavy and caused the boat to want to tip. If one got
careless and did not keep the rig properly trimmed, the boat
would tip over. George and I got careless; andover we went.
So George and I got to view Cabalka's second dock from a unique
"water's edg~n perspective!
Very truly yours,
t3zsij.
:..:---
Billy L. Maddy.
988-7786
."
A SINGLE PASS
WITH THE AI R-lEC
WEED MOWER
MOWS A SWATH 3% FEETWIDE
DOWN TO 3% FEET DEEP
One of the most miserable problems that bedevil
owners of lake and river shore areas is the tangling growth
of aquatic weeds. But despair no longer. A real break-
through is the development of the Air-Lee Under Water
Weed Mowing Machine. Quickly and easily attached to
your boat it will. at speeds ranging from 3 to 6 miles per
hour. cut a swath 3 Y2 feet wide and adjustable down to
3 Y2 feet deep. Even the toughest most entangling weeds
give way to this ruthless. always sharp mowing machine.
Powered by a 3 H.P. engine it easily provides the
reciprocal motion to the high speed steel blades. Carries
enough fuel for two hours of steady operation.
Removable and adjustable brackets make it a simple
matter to attach to a 15 foot or longer boat. The st~ndard
mounting brackets will fit boats 56 inches wide or less
at a point about 4 feet aft of the bow. On John bOats this
is aceut 3 Teet aft of the bow. Working as a team with the
Air-l..ec Rake. it is your complete answer to aquatic
',,^ised oolh..:ticn.
~~~ .~:':~ ."( ~:;..r:~!j;..;~_-:~}~~:~;:.. {.~ "';.-. "t'::' ~ ::-?;~1.' .~""#!.~~~~:/:"'-i;1.-;"-,~::f:!:. ',": -..:.=.;'. ",. ;.;;:~~~~
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RAKES 8 FEET IN ONE PASS
The Air-Lee Weed Rake usually is operated
from a separate boat but can be mounted in a raised
position above the mower while the mower is in
operation. The rake can then be lowered to handle
the follow up job of gathering the shorn weeds.
AIR-LEe Industries, Inc.
OUTDOOR PRODUCT'; .crYjSiOJ'f
3306 COMMERCIAL AVENUE . MADISON. WISCONSIN 53114
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B:-ad /'.Ii el son
Sep"l:. 0, 19'=16
Re. Dock on Jim Cabalka's p~ope~ty
We have been ~esidents of Christmas Lake for SO years. Having walked
along Ch~istmas Lake Road and boated on the lake for all these yea~s,
we agree with Jim that his dock has been located at its p~esent
location since befo~e 1960.
y~w-/ ~ rW-
Mary and John Schmitt "
20725 Radisson Rd.
Shorewood, Mn.
.(.1-74 932,+
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To Shorewood Planning Commision:
Re. Jim Cabalka Request For Dock Variance
Sept. 6,1996
I have lived at Christmas Lake for forty years. I support Jim .
Cabalka's claim that his dock has been located at its present location
since before 1960.
He has always been environmentally concerned about lake quality.
z~:~
Dr. Lee Herm.:3nn
20765 Radisson Rd.
Shorel-'JQod, j"'fn.
.474-9.3':r6
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September 9, 1996
Jim & Betty CabaIka
15695 Sussex Drive
J\1innetonka, l\IfN 55345
Dear Jim & Betty:
RE: 5885 Christmas Lake Road property
..
Ann and I are writing to offer our perspective regarding the purchase of your property at 58'85
Christmas Lake Road, Shorewood, MN. . .
Initially, we were shown the property twice by our realtor. On our third visit, while you were
working in the yard, we were introduced. You asked if we had any questions, and at that time
you gave us a lot of information regarding the history of the property and of the house. You were
very sincere and explained how the lot size had been larger, but you had recently gone through the
process and sub-divided it. It was your plan to own a small piece oflakeshore which your family
could use. You pointed to the property and explained it would accommodate a couple of parked
cars and a dock. You also said you owned a rowboat which was tied to the dock that day.
--e
Ann and I felt 170+ feet oflakeshore was substantial, and we were not concerned about, nor in a
position to question the subdivision of property. If there were problems, we would certainly
discover it at closing. At the time of our closing, all the documents reflected the new size of
property, so it certainly showed you had gone through the proper channels and the city of
Shorewood had certified your request.
In our four years as owners, we found you and your family to be delightful weekend neighbors.
Considering I like a tidy yard, it was certainly noticed that everyone in your family kept your
property clean and spotless. Also your dock was not in our direct view, but behind some reeds, so
we didn't have any questions or complaints regarding aesthetics. We even had a mutual
agreement, that I would mow your property, if you helped open a boat path through the weeds
around- our dock. That happened for a couple of years, until I decided to use Lake Restoration to
chemically treat the problem.
.
It has been nearly seven years since we moved out, but I can only assume that you and your
family' 5 habits have not changed regarding your care for your property.
Sincerely,
.~
g-xy fl'
Ann and Jerry Hillius
SPECIFICATIONS
Cutting frame. is "U" shaped. cutting
42 inches vertically and 42 inches
horizontally.
Power source is 3HP. engine with fuel
storage permitting two hours of steady
operation.
Weight of mower, including attaching
frame is 205 Ibs.
Weight of rake: 40 Ibs.
EXHIBIT r
"
TO WHOM IT MAY CONCERN
THE FOLLOWING COMMENTS PERTAIN TO AERIAL MAPS OF CHRISTMAS LAKE AREA
IN THE UNIVERSITY OF MINNESOTA WILSON LIBRARY BORCHERT MAP SECTION.
MOST OF THE MAPS ARE PROVIDED BY MARK HURD AERIAL PHOTO SERVICE.
1962
1960 (SEE ATTACHED SECTION OF SHEET 4 OF 4 TAKEN AT ~i ALTITUDE
OF 9,600 FEET ON MAY 5, 1960.) THIS IS A MOSAIC PHOTO AND
.NO DOCKS ARE VISIBLE ON THE LAKES IN THIS PHOTO. THE CABALKA
DOCK AND ALL OTHER DOCKS IN EXISTENCE ON MiY LAKES SHOWN HERE
CANNOT BE SEEN AT THAT ALTITUDE. MAP BOOK NUMBER: 10-B
(SEE ATTACHED SECTION OF MAP SHEET #5 OF 12 SHEETS FOR 1962) ALL ~
FLIGHTS WERE TAKEN AT ALTITUDE 4,800 FEET. THIS PHOTO WAS TAKEN
ON MAY 3. 1962. ICE COVERED MOST OF CHRISTMAS LAKE ON THAT DATE.
NO DOCKS ARE VISIBLE ON THE ICE-COVERED LAKE AND THE CABALKA DOCK,
NOT UNLIKE ALL THE OTHER DOCKS, CANOT BE SEEN. MAP BOOK 10-B
1964 (MAP MISSING)
1965 (MAP MISSING)
1967 (SEE ~~2 SHEET PAGE 30 DESRIBED AS S-35-117-23W-1967) THIS PHOTO
WAS TAF"~N DURING THE "LEAF OFF" TIME WHEN MOST DOCKS WERE OUT OF
THE WATER, AS WAS THE CABAL~~ DOCK. SNOW WAS ON THE GROUND AND THE
ENTIRE WEST SHORELIN~ OF THE ~~IN LAKE HAS NO DOCKS SHOWN EXCEPT
THE SOUTHWEST CORNER WHERE KROGSTAD FAMILY DOCK IS SHOWN NEAR THE
MILES LORD PROPERTY. THE WEST SHALLOW BAY DOES HAVE A FEW DOCKS
THAT OWNERS HAD RISKED LEAVING IN THE WATER FOR WINTER MONTHS. ~
1971 (SEE MAP SHEET #2 OF 6 FOR THE x~AR 1971. THIS PHOTO WAS A MOSAIC
OF PHOTOS TAKEN AT AN ALTITUDE OF 4,800 FEET. NO DOCKS ARE SEEN
M~YWHERE ON CHRISTMAS LAKE AND THE CABALKA DOCK, NOT UNLIKE MOST
OTHERS, IS NOT VISIBLE. MAP BOOK 10-B
.J AMES L. CABALKA
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2\fhder
& .9LssociatesJ Inc.
CIVIL ENGINEERS & LAND SURVEYORS
November 18, 1996
To Whom It May Concern:
On or around June 8, 1981 the firm of Israelson & Associates was hired
to provide a topographic survey of the current site grades and visible
improvements. This included locating the shoreline, existing house,
trees and other improvements in addition to site elevations.
.
In regards to the second dock, it may have been laying down or submerged
in the vegetation and lake. The survey crew would not have searched the ~
cattails or shoreline vegetation looking for another dock.
Israelson and Associates was not hired to prepare a boundary surveyor
determine the property line locations. The survey notes that "~his is
not a boundary survey", and that the boundary dimensions were scaled and
not verified in the field.
On subsequent dates we were asked to add additional information to the
drawing.
Please feel free to give me a call if you have any questions.
Respectfully,
REEDER & ASSOCIATES, INC.
.
#~~~
AI Rehder, President
EXHIBIT ./-i
3440 Federal Drive, Suite 240. Eagan, Minnesota 55122' (612) 452-5051' FAX (612) 452-9797
.
CITY OF SHOREWOOD
ORDINANCE NO. _
AN ORDINANCE RELATING TO TRANSIENT MERCHANTS, SOLICITORS,
PEDDLERS, CANVASSERS AND GARAGE SALES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 308.11 of the Shorewood Code of Ordinances is hereby amended to read as follows:
308.11 :
LICENSE LIMITATIONS:
.
Subd. 1. All license holders are required to exhibit their licenses at the request of any citizen.
Subd. 2. No license issued under the provisions of this Chapter shall be used at any time by any person
other than the one to whom it is issued.
Subd. 3. No license holder, nor any person in their behalf, shall shout, blow a horn, ring a bell or use
any sound devices, upon any of the streets, alleys, parks or other public places of the City or upon
any private premises in the City.
Subd. 4. It shall be the duty of any police officer of the City to require any person seen peddling or
engaging in like activities, and whom is not known to such officer to be duly licensed, to produce
his license and to enforce the provisions of this Chapter against any person when in violation of the
same.
Subd. 5. Failure of any person to comply with any of the ordinances of the City or the laws of the State
shall be grounds for suspending or revoking a license granted under this Chapter.
Subd. 6. Door-to-door activities allowed under the provisions of this Chapter shall be restricted to hours
between nine o'clock (9:00) A.M. and sunset. and eight o'clock (8:00) P.M. (Ord. 265, 1-25-93)
Section 2. This Ordinance shall be in full force and effect from and after its passage and publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA this 13th day of January, 1997.
Tom Dahlberg
ATTEST:
James C. Hurm, City Administrator
t1B
~"
CITY OF
SHOREWOOD
5755 COUNTRY CLUB,ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood,state,net
lVIEMORANDUM
.
TO:
FROM:
DATE:
RE:
FILE NO.:
Mayor and City Council
Brad Nielsen
9 January 1997
Coddon, Steve - Permit for Incidental Use of the Public Right-of-Way
Property - 20840 Forest Drive
Mr. Steve Coddon owns the vacant lot located at 20840 Forest Drive (see Exhibit A, attached).
Although the lot has frontage on the right -of-way of Forest Drive, the paved surface of the street
stops approximately 180 feet short of the subject property (see Exhibit B). Consequently, Mr.
Coddon has requested approval to construct a private gravel driveway and sanitary sewer service
over unimproved public right-of-way.
.
Section 901.02 Subd. 2. of the City Code provides a permit process for this type of request.
Issuance of the permit requires a determination that the private use of the r.o.w. will not be
inconsistent with safe and efficient public use of the r.o.w. At present the City has no plans for the
extension of Forest Drive and the applicant's use will not interfere with public use of the r.o. w. It
should be noted, however, that there is potential for the property to the south and east of the
subject property to be developed. At such time as that occurs, extension of the street would
become necessary.
The application for the r.o.w. permit includes a waiver of damages from the applicant for any loss
of his property (his driveway and sewer service) at such time as the public street and sewer would
be extended. Staff also recommends that the applicant be required to enter into a recordable
agreement waiving his right to object to a future assessment at such time as the road and sewer are
extended.
It is recommended that the City Attorney be directed to prepare the agreement, and upon execution
by the applicant, the r.o.w. permit should be issued.
cc: Jim Hurm
Tim Keane
Larry Brown
Steve Coddon
8.
A Residential Community on Lake Minnetonka's South Shore
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MAYOR
Tom Dahlberg
CITY OF
SHOREWOOD
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB, ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www.state.neUshorewood . cityhall@shorewood.state.net
:MEMORANDUM
TO:
Mayor and City Council v~ I
Jim Hunn, City Administrator ~. . . /
Larry Brown, Director of Public Works, .,'
.
FROM:
DATE:
January 9, 1997
RE:
Consideration of a Resolution for Authorization to enter into an Antenna Site Lease
Agreement
On October 28, 1996, the City Council approved a conditional Use permit for the installation of
antennas on the Southeast area water tower contingent upon the City and Sprint Spectrum entering
into a lease agreement for the installation and maintenance of the antennas.
Exhibit 1 shows a diagram of the type of antenna's proposed for the site. These antennas are panels
2.0' in width by 6.0' in length and will be mounted to the stem of the water tower.
. I will briefly list the highlights of the contract, and try to address any other questions the City
Council may have at the meeting on Monday night.
The Contract term will be for a 5 year period, unless terminated for reasons cited by the agreement.
The agreement provides for one set of three antenna panels spaced symmetrically around the stem of
the water tower. In addition, Sprint is proposing to locate a ground mounted steel grate 14'-3" wide
by 19' -6" long near the base of the water tower. The grate will be supported by concrete footings
and legs which will place the finished surface of the grate approximately 2' above the ground surface.
Electrical cabinets and bracing is proposed to be mounted to the finished surface and will be
approximately 7.0' high, 6.5' wide and 1.5' in width. Screening will have to be provided in
accordance to the conditional use permit.
A Residential Community on Lake Minnetonka's South Shore
ftC)
f
Mayor and City Council
Consideration of a Antenna Site Agreement
January 9, 1997
Page 2 of2
Plans submitted for technical review indicate the potential for a future cabinet. It should be made
very clear that if approved, the approval is for current the equipment proposed here and not any
additional cabinetry, platforms, or antennas without additional review and approval by the City.
The "Base Rent" is proposed as $12,000 per year on a pro rated basis and is non-refundable. An
annual adjustment shall be made January 1 of every subsequent year based on 5% of the previous
years annualized Base Rent, or the Consumer Price Index.
In addition, equipment mounted on the water tower will cause the City to incur higher
administrative and maintenance costs. Higher costs would be incurred by the City during painting or
power washing of the outside of the water tower. Therefore, a $3,500 one time charge has been
proposed prior to issuance of a certificate of occupancy.
.
There are several methods by which the contract can be terminated by either party as outlined in the
agreement. If termination of the Contract were to happen, the Lessee is required to remove the
equipment and restore the site and facilities to good condition without damage.
At the time of this application, the City's consultant Mr. John DuBois, was still in process of the
technical analysis of the radio frequencies, to insure that the proposed system will not cause
interference with existing infrastructure. Therefore, any approvals provided will need to be
contingent upon conditions required by the City's communications consultant, Mr. John DuBois.
Staff has performed extended research of agreements proposed by other agencies to meet the
demand of the telecommunications market, and believe that this agreement is very aggressive and
competitive with market conditions. Therefore, staff is recommending that the Mayor and City
Administrator be authorized to enter into an agreement with Sprint Spectrum, L.P. contingent upon
any technical conditions of the building permit review, and the analysis conducted by the City's
communications consultant Mr. John DuBois.
.
A resolution is attached for your consideration.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO
SPRINT SPECTRUM
.
WHEREAS, Sprint Spectrum, L.P. (Applicant) is a communications common carrier
licensed by the Federal Communications Commission to provide personal communications
services to the Minneapolis/St. Paul metropolitan area; and
WHEREAS, the Applicant has determined that, in order to provide uninterrupted personal
communications services to the western segment of its territory, it requires an antenna site in an
area along Highway 7 in the City of Shorewood; and
WHEREAS, the Applicant has therefore applied for a Conditional Use Permit for the
construction of a communications equipment enclosure on the site of the Shorewood southeast
water tower and proposes to install as many as twelve (12) communications antennae on the water
tower itself; and
WHEREAS, the Applicant proposes to lease from the City of Shorewood the necessary
premises for the installation of a 20-foot by 20-foot communications equipment enclosure and the
required space on the water tower pursuant to a long-term lease; and
.
WHEREAS, the Applicant's request has been reviewed by the City Planner, and his
recommendations have been duly set forth in a memorandum to the Planning Commission dated
26 September 1996 which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application reviewed
by the Planning Commission at its regular meeting on 1 October 1996, the minutes of which
meeting are on file at City Hall; and
WHEREAS, the Applicant's application was considered by the City Council at its regular
meeting held on 28 October 1996, at which time the Planner's memorandum was reviewed, the
minutes of the Planning Commission were reviewed, comments were heard from City Council
members and staff, and preliminary approval given for the Conditional Use Permit, subject to
review and completion of a satisfactory lease agreement between the City and the Applicant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
I. That the subject water tower site is located on T.H. 7 and is presently zoned R-IA,
single-family residential. The site is occupied by the Shorewood water tower, a small bituminous
parking area, and communications equipment owned by AT&T Cellular.
2. That the land use and zoning surrounding the site are as follows:
north and west -State Highway 7 r.o.w., then single and two-family homes;
zoned R-2A
east - Commercial and two-family residential; zoned P.U.D.
south - Cemetery and single-family homes; zoned R-IA and
P.U.D., respectively.
9.
r
3 . That Section 1201.23, Subd. 4a. of the Shorewood City Code provides for
governmental and public regulated utility buildings and structures to be constructed within the R-
IA zoning district by Conditional Use Permit, subject to certain requirements of screening and
landscaping when abutting a residential use in a residential district.
4. That the Applicant's activity serves a valuable purpose in the community, and there
is a need for the activity and services provided by the Applicant in order that the community be
properly serviced, and that the Federal Telecommunications Act requires that local governments
accommodate personal communications services within their boundaries.
5. That the proposed use of the land is in accordance with the official City
Comprehensive Plan and will not adversely affect the general welfare, public health and safety of
the community.
6. That approval of the proposed Conditional Use Permit should be in the form of a
lease agreement setting forth the rights and obligations of the parties to the Agreement.
CONCLUSIONS
.
That the Applicant's application for a Conditional Use Permit for the construction of a
communications equipment enclosure as shown on Exhibit 1 and antenna array as shown on
Exhibit 2 is hereby granted, subject to the provisions of City Code, Section 1201.04, Subd.
l.d.(l), and the following additional conditions:
1. That the grant and term of the Conditional Use Permit shall comply and be subject
to all of the terms and conditions set forth in the Water Tower Space Lease Agreement attached
hereto and made a part hereof as Exhibit 3.
2. That the attachments to said Water Tower Space Lease Agreement consisting of
Exhibit A, Tower Site Legal Description; Exhibit B, Specifications and Requirements; Exhibit C,
Equipment Space; and Exhibit D, Frequencies, shall be considered as a part of and a condition to
the approvals and grants herein.
3 . That the site shall be restored and landscaped in accordance with the approved .
landscape plan shown on Exhibit 4. For the purpose of assuring and guaranteeing to the City that
the landscape improvements to be constructed, installed and furnished by the Applicant, shall be
completed according to the plans shown on Exhibit 4, the Applicant agrees to escrow with the City
a cash deposit or provide the City with an irrevocable letter of credit approved by the City in an
amount equal to 150% of the total cost of said improvements. Said escrow deposit or letter of
credit shall remain in effect for a period of two growing seasons following the completion of the
required improvements. The said escrow deposit or letter of credit may be reduced in its amount or
replaced by a maintenance bond at the discretion of the City upon acceptance by the City of the
improvements.
4. That the Mayor and City Administrator/Clerk are hereby authorized to execute said
Water Tower Space Lease Agreement on behalf of the City Council.
5 . That this resolution, together with the Exhibits attached hereto, be filed and
recorded with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of
certification hereof.
')
....
.
.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th
day of January, 1997.
ATTEST:
James C. Hurm, City Administrator/Clerk
Tom Dahlberg, Mayor
3
WATER TOWER SPACE LEASE AGREEMENT
TIDS WATER TOWER SPACE LEASE AGREEMENT (the Agreement) is made as of
January _, 1997 (the Effective Date), between Sprint Spectrum L.P., a Delaware limited
partnership, 2900 Lone Oak Parkway, Suite 140, Eagan, Minnesota 55121 (Lessee); and City of
Shorewood, a Minnesota municipal corporation, 5755 Country Club Road, Shorewood,
Minnesota 55331 (City).
STATEMENT OF FACTS
City owns certain real estate located at 5500 Old Market Road, in the City of Shorewood, in
the County of Hennepin, State of Minnesota, legally described and diagrammed in Exhibit A
hereto (the Premises).
City owns and operates a municipal water tower on the Premises (the Tower).
.
Lessee desires to enter into this non-exclusive lease to lease a portion of the Premises and
certain space on the Tower for the purpose of installing, maintaining and operating certain
equipment therein and thereon.
NOW THEREFORE, in consideration of the mutual promises and covenants contained in
this Agreement, the parties agree as follows:
1.) TERM.
(a) Initial Term. The term of this Agreement shall commence on the Effective Date,
and continue for a period offive (5) years, through December 31, 2001 (the Initial Term),
unless sooner terminated as provided for herein.
.
(b) Renewal Term(s). The term of this Agreement shall automatically renew on the
same terms and conditions herein, for up to three (3) additional periods of five (5) years
each (the Renewal Terms), unless earlier terminated as provided for herein.
The Initial Term and all Renewal Terms are collectively referred to herein as the "Term."
2.) DEMISE OF SPACE. City hereby lets and demises unto Lessee, and Lessee
hereby receives and accepts from City, the following:
(a) Building Space. City shall provide sufficient space near the Water Tower to
accommodate the construction, maintenance and operation, pursuant to the specifications
and requirements listed in Exhibit B hereto, to house certain equipment therein, including
without limitation, the equipment listed in Exhibit C hereto (the Equipment Space).
(b) Tower Space.
(1) Initial -- City shall provide space on the Tower for the purpose of
attaching the transmitting equipment in the locations and for operating at
the frequencies listed in Exhibit D, and apparatus and facilities used in
connection therewith (the Initial Equipment), in the locations designated in
such exhibit (the Tower Space).
(2)
.
Additional Equipment and Modifications -- Any plans to: (i) modify,
change or replace the Equipment; (ii) modify or change the installation of
such Equipment; (iii) change the location or frequency of all or any part of
the Equipment; or (iv) add any additional equipment to the Tower, shall be
submitted for City's prior approval. Items (i) through (iv), inclusive, shall
hereinafter be collectively referred to as the "Additional Equipment."
Lessee shall promptly, upon demand by City, pay for an evaluation
performed by an independent structural engineer and/or a professional
communications engineer, retained by City, as City deems necessary, to
determine whether the Additional Equipment will interfere with existing or
proposed operations on the Premises, and whether the Tower can
structurally support the Additional Equipment. In addition, proportional
adjustment to the Base Rent shall be agreed upon by the parties hereto, if
additional antennae will be installed or additional space on the Tower is
required to accommodate the Additional Equipment. The Initial
Equipment and Additional Equipment shall hereinafter be collectively
referred to as the "Equipment."
( c) Access. Subject to acts of God and other occurrences beyond the reasonable
control of the parties, Lessee and its authorized agents shall have access to the Premises
twenty-four hours a day, seven days a week in order to maintain and operate its
Equipment thereon. Lessee shall request access to the Premises in advance, at a place
designated by the City.
.
The Building Space and Tower Space are collectively referred to herein as the "Leased
Premises. "
3.) RENT.
(a) Base Rent.
(1) Effective Date Through December 31, 1997 -- During the period from the
Effective Date through December 31, 1997, Lessee shall pay rent (the Base
Rent) to City, for the Leased Premises, in an annualized amount of Twelve
Thousand and No/I00 Dollars ($12,000) per year pro rated (based upon a
2.
360 day year basis). The nonrefundable annual payment for such period
shall be paid in full, in advance of the Effective Date.
(2) Each Full Calendar Year Thereafter -- During the fIrst full calendar year of
the Initial Term, Lessee shall pay Base Rent to City, for the Leased
Premises, in an annualized amount of Twelve Thousand and NollOO
Dollars ($12,000) per year commencing on and shall be payable on the
Effective Date. For the remainder of the Term, Lessee shall pay Base Rent
to City, for the Leased Premises, in an annualized amount (as adjusted
pursuant to Section 3(a)(3) below) payable in advance commencing on
January 1, 1998, and continuing on January I of each calendar year
thereafter, through the remainder of the Term. The Base Rent shall be
adjusted at the rate of $60.00 per month for each antenna in excess of nine
antennae.
(3)
Annual Adjustments -- The annualized Base Rent shall be increased as of
January I, 1998, and each year as of January 1 thereafter, by the greater
of:
.
a. fIve percent (5%) of the previous year's annualized Base Rent; or
b.
by an amount equivalent to the increase in the Consumer Price
Index for All Urban Consumers, All Cities, All Items (1984 = 100)
(the CPI), as published by the United States Department of Labor
Statistics, or if such index shall be discontinued, the successor
index, or if there shall be no successor index, such cOlpparable index
as mutually agreed upon by the parties hereto. To determine the
annual increase in Base Rent under this paragraph, the annualized
Base Rent for the previous calendar year shall be multiplied by a
percentage figure, computed from a fraction, the numerator of
which shall be the CPI for the third quarter of the preceding year
and the denominator of which shall be the CPI for the
corresponding quarter one year earlier. Such fraction shall be
converted to a percentage equivalent, and shall be multiplied by the
previous year's Base Rent.
.
(b) Additional Rent. All taxes, charges, costs and expenses that are directly
attributable to Lessee's improvements and Lessee hereby assumes, together with all
interest and penalties that may accrue thereon, if Lessee fails to pay the same, and all
damages, costs, expenses and sums that City may incur or that may become due by
reason of any default by Lessee or failure by Lessee to comply with the terms and
conditions hereof, shall be deemed to be "Additional Rent"; and, in the event of
nonpayment thereof, City shall have all rights and remedies as hereinafter provided for
failure to pay Base Rent when due.
3.
.
.
4.) GOVERNMENTAL APPROVAL CONTINGENCY. Lessee's right to use the.
Leased Premises is expressly contingent upon its obtaining, in advance, all the certificates,
permits, zoning and other approvals that may be required by any federal, state, or local
authority. City shall cooperate with Lessee in its efforts to obtain such approvals and shall take
no action that would adversely affect the status of the Leased Premises with respect to the
Lessee's proposed use thereof. In addition, before obtaining a building permit, Lessee shall cause
to be performed and pay the reasonable cost of: (i) a radio frequency interference study
performed by an independent, qualified communications engineer selected by the City, showing
that Lessee's use contemplated herein will not interfere with any existing communications
facilities upon the Tower (the Interference Study); and (ii) an engineering study performed by an
independent structural engineer selected by the City, showing that the Tower is able to support
the Equipment, without prejudice to the City's use thereof (the Structural Stability Study). If
the Interference Study reveals that there is a potential for interference that cannot be reasonably
remedied by the Lessee, or the Structural Stability Study reveals that the structure is unable to
safely bear the weight of the equipment, neither of such [mdings shall constitute a default by
either party hereto.
5.) OWNERSlDP.
(a) Tower. City shall at all times retain exclusive title to and interest in, and control
of the Tower and the Premises.
(b) Equipment. Lessee shall at all times retain exclusive title to and interest in, and
control of the Equipment. The Equipment shall at all times remain the personal property
of Lessee and shall not be fixtures on the Premises.
6.) USE, INSTALLATION AND NON-INTERFERENCE. Lessee shall use the
Leased Premises only for and in connection with the <?peration and maintenance of a City-
approved communications antenna facility, equipment and cabinets and uses incidental thereto
for providing radio and wireless telecommunication services. The Equipment shall be installed at
Lessee's sole cost and expense in a manner approved by City in advance. A government unit
may be allowed to place antennae or other communication facilities on the tower regardless of
potential or actual interference with Lessee's use; however, if Lessee's use of the property is
materially affected, Lessee may terminate the Lease. A government unit is to include Public
Safety agencies, including Law Enforcement, fire and ambulance services. Lessee shall
immediately cure any such interference or, if such interference cannot immediately be cured, shall
temporarily reduce power or cease the offending operations, until a cure at full power is achieved.
7.) MAINTENANCE AND REPAIR.
(a) Tower. City shall be solely responsible for the maintenance and repair of the
Premises and the Tower in a safe condition and fit for the use contemplated hereby.
Except, however, any damage resulting from the acts or omissions of Lessee or its
authorized agents shall be repaired by City, and Lessee shall reimburse City, upon
4.
demand, for all reasonable costs associated with such repair. The City shall provide
Lessee with copies of invoices for any such repairs.
(b) Equipment. Lessee shall pay and be solely responsible for the maintenance and
repair of the Equipment. If Lessee fails to timely maintain or repair the Equipment as
herein required, City may, but is not hereby required to, after 30 days notice to Lessee,
take reasonable steps to maintain or repair the Equipment, and Lessee shall reimburse
City, upon demand, for all reasonable costs associated with such repair and maintenance.
In addition, at all times during the Term, all of the Equipment installed on the Tower shall
be painted the same color as the Tower, at the sole expense of Lessee.
8.) EVENTS OF DEFAULT. The occurrence of anyone or more of the following
events shall constitute an Event of Default under this Agreement:
(a) Failure to Pay. Lessee shall fail to timely pay any amount due under this
Agreement, and such failure shall continue uncured for more than thirty (30) days after
receipt of notice thereof from City;
(b) Failure to Perform. Except as otherwise stated herein, Lessee shall fail to perform
any other covenant of this Agreement and Lessee does not cure or reasonably commence
and proceed diligently to cure such failure within sixty (60) days after receipt of notice
thereof from City; or
.
(c) Bankruptcy. During the Term: (i) Lessee shall make an assignment for the benefit
of creditors; (ii) Lessee files a voluntary petition under the Bankruptcy Code of the
United States or any state statute similar thereto, or Lessee be adjudged insolvent or a
bankrupt pursuant to an involuntary petition; (iii) a receiver or trustee is appointed for
the property of Lessee by reason of insolvency of Lessee and such receiver or trustee is
not discharged within 60 days; (iv) any department of the state or federal government, or
any officer thereof duly authorized, takes possession of the business or property of
Lessee by reason of the insolvency of Lessee; (v) Lessee continues in possession without
the appointment of a receiver or trustee under Chapter 11 of the Bankruptcy Code; or
(vi) Lessee is the subject of any petition or proceeding related to relief from creditors.
.
9.) REMEDIES ON DEFAULT. If an Event of Default occurs, City may at any
time thereafter:
(a) Terminate this Agreement. Terminate this Agreement pursuant to Section lOCh)
below; and/or
(b) Other Available Remedies. Pursue any other available remedies at law or in equity
that may appear necessary or desirable to enforce performance and observance of any
obligation, agreement, or covenant of this Agreement.
5.
10.) TERMINATION. Upon termination of this Agreement, except if terminated by
reason of an Event of Default, Lessee shall be entitled to a refund of any Base Rent paid in
advance. This Agreement may be terminated pursuant to any of the following provisions.:
(a) By Notice. Lessee may elect to terminate this Agreement, without c~use, as of
the end of the Initial Term or any subsequent Renewal Term by giving notice to the City
at least ninety (90) days prior to the expiration of the Initial Term or any subsequent
Renewal Term.
.
(b) By Default. Either party may terminate this Agreement as described in this
paragraph. If City or Lessee fail to perform any covenant of this Agreement and does not
cure or reasonably commence and proceed diligently to cure such failure within sixty (60)
days after receipt of notice thereof from the other party, the other party may at any time
thereafter: (i) terminate this Agreement as of the date stated in such notice; and/or (ii)
subject to the limitations of Section 26(k) herein, pursue any other available remedies at
law or in equity that may appear necessary or desirable to enforce performance and
observance of any obligation, agreement, or covenant of this Agreement.
(c) By Failure of Governmental Approval Contingency. Lessee may terminate this
Agreement if the Governmental Approval Contingency is not satisfied as a result of an
adverse fmding in either the Interference Study or the Structural Stability Study.
(d) By Lessee. Lessee may terminate this Agreement with cause, if: (i) Lessee gives
City at least sixty (60) days notice of Lessee's exercise of this provision; (ii) Lessee is not
in default under the terms hereof; (iii) Lessee pays City all outstanding amounts that are
due and payable hereunder as of the termination date; and:
(1)
Lessee is unable, after exerting all reasonable efforts, to obtain and/or
maintain any license, permit or other governmental approval necessary for
the construction and/or operation of the Equipment or Lessee's business;
.
(2) The Premises is or becomes unacceptable for technological reasons
substantiated by the opinion of a radio frequency expert mutually agreed
upon by the City and Lessee at the sole expense of the Lessee;
(e) By City. City may terminate this Agreement if City gives Lessee at least sixty
(60) days notice of City's exercise of this provision, and:
(1) City's Council decides, for any reason, to redevelop the Premises, or any
portion thereof, in a manner inconsistent with the continued use of the
Leased Premises by Lessee, and/or discontinues use of the Tower for all
purposes. The City will undertake its best efforts to provide notice of at
least one year to Lessee;
6.
(2) An independent structural engineer determines that the Tower is
structurally unsound, after considering all reasonable factors, including
without limitation, the age of the Tower, damage or destruction of all or
any part thereof, and factors relating to condition of the Premises;
(3) After considering relevant engineering studies, City determines that a City
of Shorewood Government Unit as provided for in Section 6 herein cannot
find another adequate location on the Tower, or the Equipment
unreasonably interferes with the City, of Shorewood Governmental Unit's
use of the Tower; or
(4)
City determines that Lessee has failed to comply with applicable
ordinances, or state or federal law, or any conditions attached to
government approvals granted thereunder, after a public hearing before the
City's Council.
.
(f) By Destruction. Either party may terminate this Agreement upon thirty (30)
days notice, if, as a result of any natural disaster, act of God or other occurrence beyond
the control of the parties hereto, all or any part of the Leased Premises is destroyed or
damaged to the extent that it is reasonably determined by City that such will be unusable
for more than sixty (60) days. If this Agreement is not so terminated, City shall
undertake to repair or replace the Leased Premises within a reasonable period of time, and
if such damage renders the Leased Premises unfit for Lessee's use, and Lessee, by reason
thereof, discontinues its use of such facilities, the Base Rent payments due hereunder
shall abate in proportion to that part of the Leased Premises that is rendered unusable,
until such time as the Leased Premises is again operational.
11.) INTERRUPTION. If the FCC determines that continued operation of the
Equipment would cause or contribute to an immediate threat to public health and/or safety .
(except for issues associated with human exposure to radio frequency omissions, which is
regulated by the federal government), City may order Lessee to discontinue its operation of the
Equipment, or any part thereof. Pursuant to such order, such disconnection shall continue only
for the period that the immediate threat exists. City shall not be liable to Lessee or any other
party for any interruption of Lessee's operations at the Premises, except as may be occasioned
by the willful misconduct of City, its employees or agents. During the Term, a temporary
interruption or discontinuance of the operation of the Tower, Lessee's operations at the
Premises, or any part or combination thereof, resulting from some occurrence beyond the
reasonable control of City, shall not constitute a default under this Agreement, if the length of
such interruption or discontinuance is commensurate with the seriousness of the event that
caused the interruption or discontinuance.
7.
12.) COMPLIANCE WITH IAW.
(a) Lessee. Lessee shall (i) acquire, at Lessee's sole expense, all necessary federal,
state and local certificates, permits, licenses, zoning and other approvals that are
necessary for Lessee to operate and maintain the Equipment on the Premises, as
contemplated in this Agreement, and (ii) comply with all federal, state and local laws, and
regulations that are applicable to such use of the Premises.
(b) City. Subject to Section 12(a) above, City shall: (i) acquire, at City's expense, all
necessary federal, state and local certificates, permits, licenses, zoning and other
approvals that are necessary for City to operate and maintain the Tower, and (ii) comply
with all federal, state and current local laws, and regulations that are applicable to the
operation and maintenance of the Tower.
.
13.) TAXES. Lessee shall be solely responsible for charges, levies, taxes, assessments
and similar impositions, directly attributable to Lessee's Equipment, the Building, or that arise
out of Lessee's use of the Tower.
14.) UTILITIES. Lessee shall be responsible for payment and separate metering of all
utility services directly with the utility providers for services consumed by Lessee's operations
at the Premises.
.
15.) INDEMNIFICATION. Lessee and City each indemnify and hold harmless the
other and their respective elected officials, officers, employees, agents, and representatives, from
and against any and all claims, costs, losses, expenses, demands, actions, or causes of action,
including reasonable attorneys' fees and other costs and expenses of litigation arising out of the
use and occupancy of the Leased Premises by Lessee, which may be asserted against or incurred
by either party or for which either party may be liable in the performance of this Lease, except
those to the extent that the same arise from the negligence, willful misconduct, or other fault of
either party. Lessee shall defend all claims arising out of the installation, operation, use,
maintenance, repair, removal, or presence of Lessee's Antenna Facilities equipment and related
facilities on the Leased Premises.
16.) REPRESENTATIONS AND WARRANTIES. Without limiting the scope of
subparagraph 15 above, Lessee will be solely responsible for and will defend, indemnify, and
hold City, its agents, and employees harmless from and against any and all claims, costs, and
liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or
restoration of the Premises associated with the Lessee's use of Hazardous Materials. For
purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically
includes, without limitation asbestos, fuel, batteries or any hazardous substance, waste, or
materials as defined in any federal, state, or local environmental or safety law or regulations
including, but not limited to, CERCLA, other than such materials used in the ordinary course of
Lessee's business in accordance with all applicable laws and regulations. City represents that
owner has no knowledge of any substance, chemical or waste on the City's property that is
8.
identified as hazardous, toxic or dangerous m an applicable federal, state or local law or
regulation.
17.) INSURANCE.
(a) Coverage. During the Term, Lessee shall, at it's sole expense, obtain and keep in
force comprehensive genera1liability coverage with limits of not less than One Million
Dollars ($1,000,000) each occurrence; One Million Dollars ($1,000,000) personal injury;
One Million Dollars ($1,000,000) general aggregate, and One Million Dollars ($1,000,000)
products and completed operations aggregate, covering Lessee's work and operations at
or in connection with the Premises, and naming City as an additional insured.
(b) Evidence of Coverage. Not less than ten (10) days prior to the expiration of any
then current policy, Lessee shall deliver to City, evidence of insurance in a form
reasonably acceptable to City. Such policy shall also provide that City must receive .
thirty (30) days' notice of any alteration, expiration or cancellation thereof, and shall be .
issued by a company reasonably satisfactory to City.
(c) Landlord's Insurance. City shall maintain commercial general liability insurance
against liability for personal injury, death or damage arising out of City's use or
management of the Structure by City, its employees or agents, with combined single
limits of not less than $600,000. City shall also maintain fire and extended coverage
Insurance insuring the Structure for its full insurable value (subject to reasonable
deductibles ).
(d) Waiver of Subrogation. Notwithstanding anything in this Lease to the contrary,
each party releases the other party from all liability, whether for negligence or otherwise,
in connection with any loss covered by any policies which the releasing party carries with
respect to such property or is required to be carried hereunder, but only to the extent that .
such loss is collectible under such insurance policies. Any policy required to be obtained
pursuant to this lease shall contain a waiver of subrogation in favor of the party hereto.
18.) ASSIGNMENT. This Agreement and Lessee's rights and duties established
hereunder, may be sold, assigned, or transferred at any time by Lessee to Lessee's affiliate, or
subsidiary, without notice to or the consent of City. Subject to the foregoing sentence, Lessee
shall not assign this Agreement or any of the rights or duties established hereunder without the
prior written consent of City. City's consent shall not be unreasonably withheld or unduly
delayed. For purposes of this section, an "'affiliate" or "'subsidiary" means an entity that owns
greater than a fifty percent (50%) interest or any entity which is controlling, under the control of
or controlled by a common entity. City hereby consents to the assignment of its rights under
this Agreement, as collateral, to any entity that provides financing for the purchase of the
equipment to be installed at the Leased Premises.
9.
19.) CONDEMNATION.
(a) Entire Leased Premises. If, during the Term, the entire Leased Premises shall be
taken as a result of the power of eminent domain, condemnation proceedings, or other like
proceedings (the "Proceedings"), this Agreement and all right, title, and interest of Lessee
hereunder shall cease and come to an end on the date of taking of possession pursuant to
the Proceedings.
.
(b) Portion of the Leased Premises. If, during the Term, less than the entire Leased
Premises shall be taken by the Proceedings, this Agreement shall, upon taking of
possession pursuant to the Proceedings, terminate as to the portion of the. Leased
Premises so taken, and either party may elect to terminate this Agreement with respect to
the remainder of the Leased Premises, as of the date of taking such possession, by giving
the other party at least thirty (30) days notice. If neither City or Lessee elects to
terminate this Agreement as to the remainder of the Leased Premises, this Agreement shall
continue in full force and effect, but the Base Rent shall be reduced pro rata in accordance
with the percentage of value of the Leased Premises so taken compared with the total
value of the Leased Premises immediately prior to such taking. Nothing herein contained
shall affect Lessee's obligation to pay in full the Additional Rent. City shall, however, at
City's sole cost and expense, restore that portion of the Leased Premises not so taken to
a complete architectural unit for the use and occupancy of Lessee.
.
(c) Lessee's Share of Condemnation Award. If all or any portion of the Leased
Premises is taken, Lessee shall not be entitled to any portion of any payment or award
made in connection therewith. Lessee hereby expressly waives any right or claim to any
portion of such award or payment. Lessee shall, however, have the right to claim and
recover from the condemning authority, but not from City, such compensation as may be
separately awarded or recoverable by Lessee on account of any and all damage to Lessee's
business, equipment and relocation costs and expenses.
20.) QUIET ENJOYMENT. Except as otherwise provided for herein, Lessee shall
have quiet and peaceable possession of the Leased Premises throughout the Term, and City will
not intentionally disturb Lessee's occupancy thereof as long as Lessee is not in default hereunder.
Notwithstanding the foregoing, Lessee's right to quiet enjoyment shall not apply to events
beyond the control of City, or interference during periods of normal and extraordinary repairs and
maintenance of the Premises or Tower by City.
21.) REMOVAL AND SURRENDER. Unless otherwise agreed to in writing by City,
within a reasonable period of time, not to exceed sixty (60) days, after the expiration or earlier
termination of the Term, Lessee shall, at Lessee's sole expense, remove all of the Equipment from
the Premises, and restore and surrender the Premises to City in good condition without damage
thereto, reasonable wear and tear and casualty excepted. If Lessee fails to timely remove as
required herein: (i) the Equipment shall be deemed abandoned and become the property of City
(subject to the interests of other persons or entities disclosed in writing to City prior to the date
10.
of hereof); and (ii) City may take reasonable steps to remove the same and restore the Leased
Premises, and Lessee shall be responsible for, and pay upon demand by City, all reasonable costs
associated with such removal and restoration.
22.) BINDING EFFECT. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, assigns and successors in interest.
23.) LIENS. Lessee shall not permit any mechanics or other liens to be filed or placed
against the Premises or any part thereof by reason of work, services, materials supplied to or
claimed to have been supplied to Lessee, and if such lien is filed against the Premises at any time,
Lessee shall cause the same to be discharged of record by paying the amount claimed to be due,
shall deposit with the court an amount equal to the amount claimed, or shall post bond for the
same, within thirty (30) days of the date of such filing. If Lessee shall fail to discharge such lien
or to so deposit such amount within such period, then, City may, but is not hereby required to,
take reasonable steps to discharge such lien, and Lessee shall reimburse City, upon demand, for
all reasonable costs incurred by City in connection with such discharge.
.
24.) ADDITIONAL BUILDINGS. City shall have the right to permit the
construction of other buildings and equipment on the Premises, pursuant to the specifications
and requirements set forth in Exhibit B, and Lessee shall permit such buildings to be placed
immediately on the Premises.
25.) NOTICE. Any notice, election, request, or other communication herein required
or permitted to be given or served shall be delivered to the other party hereto (with receipt
obtained therefor), or mailed by United States certified mail, return receipt requested, postage
prepaid, properly addressed to such other party at the following address:
(a) If to Lessee:
Sprint Spectrum L.P.
2900 Lone Oak Parkway, Suite 140
Eagan, Minnesota 55121
Attention: Karl Brusen
.
with an additional copy to:
Sprint Spectrum LP.
4900 Mainstreet, 5th Floor
Kansas City, MO 64112
Attention: Business Law Group
11.
(b) If to City:
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
Attention: James C. Hurm, City Administrator
with an additional copy to:
Larkin, Hoffinan, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes A venue South
Bloomington, Minnesota 55431
Attention: Tim Keane, City Attorney
.
Unless and until changed by notice as herein provided, notices 'and communications shall
be addressed to the above-listed addresses. Each such mailed notice or comrrumication shall be
deemed to have been given to, or served upon the party to which addressed, (i) on the date the same
is personally delivered or (ii) on the date set forth on the certified receipt. All payments required by
this Agreement shall be made to City at the address designated above, or as may be hereafter
designated.
26.) MISCELLANEOUS.
.
(a) Applicable Law. The parties acknowledge that this Agreement is subject to the
provisions of applicable federal and state laws and regulations. Any obligation, duty or
provision under this Agreement that conflicts with any provision of applicable federal or
state laws or regulations, is to that extent void. This Agreement has been made, and its
validity, performance and effect shall be determined in accordance with the internal laws
of the State of Minnesota.
(b) Waiver. The waiver by either party of a breach or violation of, or failure of either
party to enforce, any provision of this Agreement shall not operate or be construed as a
waiver of any subsequent breach or violation or relinquishment of any rights hereunder.
(c) Entire Agreement and Modification. This writing represents the entire agreement
and understanding of the parties with respect to the subject matter hereof and supersedes
any and all previous agreements of whatever nature between the parties with respect to
the subject matter. This Agreement may not be altered or amended except by an
agreement in writing signed by both parties.
(d) Headings; Exhibits. The headings of sections in this Agreement are for
convenience only; they form no part of this Agreement and shall not affect its
interpretation. The Statement of Facts contained herein, and all schedules, exhibits,
12.
addenda or attachments referred to herein are incorporated in and constitute a part of this
Agreement.
(e) Severability. If any part of this Agreement is invalid or tmenforceable tmder
applicable law, that part shall be ineffective only to the extent of such invalidity or
unenforceability without in any way affecting the remaining parts of the provision or this
Agreement.
(f) Sublet/Sublicensing Prohibited. Subject to Section 18, Lessee shall not sublease,
license or otherwise make the Leased Premises available to others for use in any manner.
(g) Administration and Maintenance Fee. Placement of communications equipment
on the existing infrastructure, owned by the City, will cause the City to bear additional
costs for routine maintenance of existing infrastructure. Therefore, the Lessee agrees to
pay a one time Administration and Maintenance Fee to the City of Shorewood for the
amount of three thousand five hundred dollars ($3,500), prior to issuance of a certificate .
of occupancy.
(h) Construction. Both parties hereby acknowledge that they participated equally in
the negotiation and drafting of this Agreement and that, accordingly, no court construing
this Agreement shall construe it more stringently against one party than against the other.
(i) Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed to be an original, but all of which together shall constitute
one and the same instrument.
G) Trade Term Usage. Words used in this Agreement shall be given the meanings
that they normally possess in the wireless communications industry, unless otherwise
specifically defined herein.
.
(k) Recording. At the option of either party, this Agreement, or a mutually agreeable
Memorandum hereof, may be recorded in the real property records of the county where
the Premises is located.
(1) Limitations on City's Liability. Notwithstanding any provisions to the contrary
contained herein, if City terminates this Agreement other than as provided in this
Agreement, or breaches this Agreement, City's liability for damages to Lessee as a result
thereof, shall be limited to the actual and direct costs of Equipment removal, relocation
and repair, and shall specifically exclude any recovery for value of the Lessee's business
as a going concern, future expectation of profits, loss of business or profit, or related
damages to Lessee; provided, however, this provision shall not prevent Lessee from
maintaining an action to seek equitable relief.
(m) Authority. City represents and warrants that City has full authority to enter into
and sign this Agreement and has good and marketable title to the Owner's Property.
13.
(n) Alterations. The Lessee shall make no alternations to the equipment, facilities and
antenna as depicted in Exhibits B and C without the written consent of the City.
(0) Laws. This Agreement shall be construed in accordance with the laws of the State
of Minnesota. Each party agrees to furnish to the other, within (10) days after request,
such truthful estoppel information as the other may reasonably request.
.
.
14.
..
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
indicated on page 1 hereof.
LESSEE:
CITY:
Sprint Spectrum L.P.
City of Shorewoed
By:
Its:
By:
Its: Mayor
By:
Its: City Administrator
STATE OF
)
) ss.
)
.
COUNTY OF
The foregoing instrument was acknowledged before me on , 1997, by
, the of Sprint Spectrum L.P., a
Delaware limited partnership, on behalf of the limited partnership.
Notary Public
STATE OF
)
) ss.
)
COUNTY OF
The foregoing instrument was acknowledged before me on _, 1997, .
by and , the Mayor and City Administrator,
respectively, of the City of Shorewood, a Minnesota municipal corporation, on behalf of the
corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
Telephone: (612) 835-3800
(T JK)
0263998.01
15.
.
.
Legal Description - Premises:
Lot 7, Block 2, Rogene Heights
Diagram - Premises:
[ATTACH DIAGRAM HERE]
Lease.doc
EXlDBIT A
Attached to and Forming a part of the
Water Tower Space Lease Agreement
between
Sprint Spectrum L.P., as Lessee
and City of Shorewood, as City
A-I
.
EXIllBIT B
Attached to and Forming a part of the
Water Tower Space Lease Agreement
between
Sprint Spectrum L.P., as Lessee
and City of Shorewood, as City
Equipment to be Placed Within The Tower:
.
.
B-1
Lease.doc
.
.
EXlDBIT C
Attached to and Forming a part of the
Water Tower Space Lease Agreement
between
Sprint Spectrum L.P., as Lessee
and City of Shorewood, as City
Equipment to be placed on the Tower, Location(s) thereon and Operatin~ Frequencies:
C-l
Lease.doc
EXlllBIT D
Attached to and Forming a part of the
Water Tower Space Lease Agreement
between
Sprint Spectrum L.P., as Lessee
and City of Shorewood, as City
.
.
D-l
Lease.doc
'.
.
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I MElIEll\' CElITIN THoT nas OOCUNEN' ....S
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FESSIONAl. ENGINEER UHot:R rHE I.4WS 01' THE
STArE 01' _'....
$lCNEO ROeERT w. WIlSON
FlU DAfE 011/19/9. REG NO. z.~.
BY
(~18LACK & VEATCH
SPRINT SPECTRUM
PLANS, SECTIONS, AND DETAILS
SHOREWOOO WATER TOWER
MINNEAPtJl.lS MTA SITE 208
~
OAAWN
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PATRICK D. McGOWAN
HENNEPIN COUNTY SHERIFF
ROOM 6 COURTHOUSE
350 SOUTH FIFTH STREET
MINNEAPOLlS,MN 55415
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(612) 348-3740
FAX 348-4208
OFFICE OF THE SHERIFF
January 3, 1997
James Hurm
Clerk-Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear James:
The Hennepin County Sheriff's Office will be offering specialized law enforcement training to
select members of the community. In that you and your city officials, including your mayor and
city council, are known to be interested in community involvement, we are extending an
invitation to interested parties to participate in our new program. This program, the Citizen Law
Enforcement Academy, will be held in February and March of 1997. Classes are two and one
half (2~) hours long and will run for eight (8) weeks. Instruction will be a combination of
lecture, question and answer, demonstration, participation and tours. The class and subjects will
be very similar to those ones taught to new deputy sheriffs and police officers.
EXAMPLES OF SUBJECTS COVERED:
Accident Investigation
Child Abuse
Civil Law
Civil Liability
Communications
COlJft Procedures
Criminal Investigation
Crime Prevention Training
Defensive Tactics
DWI Enforcement and Procedures
Evidence and Scientific Investigation
Gangs
Hostage Negotiations
Jail Procedure and Tour
K-9 Operations
Mechanics of Arrest
Narcotics Operations
Patrol Operations
Tactical Team Operations
Traffic Stops
Training
Weapon Use
Participation in these classes will give students a unique insight into law enforcement, as the
Sheriffs Office is the second largest law enforcement agency in the State of Minnesota and is
charged with enforcing both criminal and civil law. This class is a must for business leaders,
politicians, teachers, community leaders or interested tax payers who want to know how law
enforcement and the criminal justice system work from an insider's perspective. It is our hope to
also learn from you.
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The Sheriff's Office is looking for a representative cross section of the community to participate
in this unique educational experience. Applicants must be twenty-one (21) years old. Due to the
nature of the material presented, all applicants will be screened for criminal backgrounds.
Classes will be held on Thursday nights from 7:00 to 9:30 p.m. for 8 weeks. The fIrst night of
class will be February 6, 1997 and will run through March 27, 1997. The location of the classes
will depend upon the geographic location of the majority of the applicants, however, we will
conduct one class each at the Law Enforcement Training Facility in Maple Grove, the Sheriff's
Communications Division in Golden Valley and the Sheriff's Patrol headquarters in Brooklyn
Park.
When each student successfully graduates, a certifIcate of completion will be awarded at a formal
commencement ceremony.
Please share this invitation with your city council and other city officials. If you or someone you .
know is interested in this class, please fill out the enclosed application form and return it to
Captain Jim O'Shea, Hennepin County Sheriff's Office. Questions regarding the program may be
addressed to Captain O'Shea at 348-7918.
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Patrick D. McGowan,
Hennepin County Sheriff
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PATRICK D. McGO\VAN
HENNEPIN COUNTY SHERIFF
ROOM 6 COURTHOUSE
350 SOUTH FIFTH STREET
MINNEAPOLlS,MN 55415
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(612) 348-3740
FAX 348-4208
OFFICE OF THE SHERIFF
CITIZEN LAWENFORCEMENT ACADEMY
WHAT IS IT?
The Hennepin County Sheriffs Office Citizen Law Enforcement Academy is a 20-hour block of
instruction designed to give the public a working knowledge of the Hennepin County Sheriffs Office
and the Hennepin County criminal justice system. The Academy consists of a series of eight (8)
classes, held once a week for two and one-half hours. The instruction is comprehensive, covering
a different area of law enforcement or the criminal justice system each week. Instructors are
professionals in their areas of law enforcement or criminal justice.
WHO MAY ATTEND?
Any Hennepin County resident over the age of 21 may apply for admission to the Citizen Law
Enforcement Academy. Due to the nature of the material being presented persons previously
convicted of a felony cannot be admitted.
THE PURPOSE
The Citizen Law Enforcement Academy was created to provide information to the citizens of
Hennepin County so they may better understand the role the Sheriffs Office plays in the law
enforcement community and the criminal justice system. It is hoped that this instruction will give
graduates insight into the difficult and challenging situations law enforcement officers face every day.
Significant time is set aside for class participation as we fully expect this to be a two-way learning
expenence.
TOPICS
Subjects covered include such diverse topics as crime prevention, criminal investigation, patrol
operations, family abuse, narcotics investigation, jail operations, scientific investigation, civil law
enforcement, communications and the court system. Instruction in these and other topics will be
offered through a blend oflecture, tour, demonstration and hands on experiences.
FOR MORE INFORMATION
Application may be obtained from the Hennepin County Sheriffs Office Room 6 Courthouse or
calling 348-3744. For more information call Captain Jim O'Shea, Citizen Law Enforcement Academy
coordinator, 348-7918.
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Hennepin County Sheriffs Office
CITIZEN LAW ENFORCEMENT ACADEMY
Application for Enrollment
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Name (Last / first / middle) Date of Birth
Street Address
Home Phone
City / State / Zip
Drivers Licence Number
Are you a resident of Hennepin County? How long?
1:!::II_III.~!j::!::::::!j!i:I:::!::~::!:i::!:!::!:!:!:::::::::~:i::::::!:!!::j::!i!:::i::!!:!!!::!!!:!!:!:!!:!!!:i!!i:::::!:!:::!:!:!i::!:!I:!:I::~!I:!:::::::::!:!:::!!!!I:::!:!:!:::::::!!::!::!:!:!
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Please explain briefly why you wish to enroll in the Citizen Law Enforcement Academy.
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...................
......................................
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:-:.:.:.:.:.:.:.:.:.:.:-:.:.:.:.:.:.:
..............................,......
.:::::::::::::::~::::::::::::;:::::::
Please list any associations, clubs organizations you belong to or are affiliated with.
.
Have you ever been arrested for, convicted of, or cited for an offense other that minor traffic offences? YES_NO _ If yes,
please explain on back of sheet, list appropriate dates, charges, places and charges.
::::::lIiI.I.:!.:.:I.IIIIII:~:~::!:!::!!j.:::!:::.::!:!:::::!:!.:~:!:::::~:.:i!.:.!.:.:!!.~:::!:!::::::~::::::::!::!::::!::.!!:::!:!!:::::!~:::::~:::::~~::::::!::::::!:~::::.::~::.:!:::::::::.::::::!
:::!:::!::::!!:li:::!:i:l.::::!!::j:iiji::!!!:j::!!!:::ii:!::::iiji!j:::iii:::::::!:::::!~
Present Employer Supervisor Your title
Address
Telephone number
Date hired
Personal Reference
Address
Telephone
Emergency Contact
Relationship
Telephone
Were you recommended or advised to apply for If yes, by whom?
* I hereby certify that there are no willful misrepresentations omission or falsifications in the aforementioned statements and answers.
I understand that any omission or false statements on this application shall be sufficient cause for rejection for enrollment or
dismissal from the Hennepin County Sheriff's Citizen Law Enforcement Academy. I understand there is no charge for the Academy
and, if selected for enrollment, pledge the time commitment to attend. I further understand that the Hennepin County Sheriff's
Office will conduct a criminal history and records check on all a licants. the results of which could be rounds for m 'ection.
Applicant's Signature Date
.
Return completed applications to:
Hennepin County Sheriff's Office
Citizen Law Enforcement Academy
Room 6 Courthouse
Minneapolis, MN 55415
For more information call:
Captain Jim O'Shea
348-7918
Received by:
Received date:
Records check by:
Date completed:
Recommendation:
Joint Powers Cities
Suburban AlliancelWest Hennepin Human Services Planning Board
December 23, 1996
James Hurm
City Administrator
City of Shorewood
5755 Country Club Road
Shorewood,~ 55331
Dear Mr. Hurm,
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The dissolution of Suburban Alliance proceeds on schedule. The agency will
cease operations on January 31, 1997 . We have received 19 of 21 resolutions expressing
the intent to dissolve from the member joint powers cities (we are currently missing
resolutions from Medina and Mound). Discussions are underway about the future of
human services planning and coordination in western Hennepin County.
Many difficult issues have been resolved in the last months. The most significant
is a settlement with the landlord, achieved with the assistance of the Suburban Alliance
Board. The landlord released Suburban Alliance from the lease in consideration of a
payment of $38,000, which represents the investment in leasehold improvements made to
the property for Suburban Alliance. This settlement is good news, given that we
anticipated a much higher obligation for the lease.
Because of the resolution of the lease question and several other issues, we are
now in a position to give you the amount of your city's obligation to close down the
agency and pay the existing debts. The final amount is $110,000. Here is a breakdown
. of this number:
.
1995 Debts
Emergency Service Providers
FEMA
Twin Cities Voice Mail
Jobs Now Coalition
Subtotal
$37,328
4,734
7,545
700
$50,307
Final Lease Agreement
1996 Operating Deficit
Subtotal
$38,000
6.500
$94,807
Contingency
15.193
TOTAL SlIO.OOO
The attached spreadsheet shows the obligation of each of the joint powers cities. Also
included is an invoice for the amount owed by your city.
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A few comments on the final calculation, in particular the contingency. The contingency
number consists of$5,000 for legal fees, and over $10,000 to accommodate an
anticipated revenue shortfall. The following provides more detail on these two items.
· Legal Fees. One remaining outstanding issue is the final determination of the money
owed to Suburban Alliance from Community Builders, a spin-off organization of
Suburban Alliance. The amount owed is $40,000; however, it is unlikely that
Community Builders can afford that amount. Suburban Alliance and Community
Builders have not yet reached an agreement to resolve the debt. It may be necessary
to initiate legal action to recover some or all of the amount owed, hence the legal fees
number in the contingency. It also may be necessary to initiate legal action against
some joint powers cities. When an agreement or legal settlement is reached and the
money is received, joint powers cities will receive a partial refund.
· Revenue Shortfalls. Several joint powers cities (Excelsior, Loretto, Long Lake,
Minnestrista, Mound, and Tonka Bay) have not made their 1996 contribution to
Suburban Alliance or only made a partial contribution. This is a major factor in the
1996 operating deficit of $6,500. In addition, several cities (Long Lake, Loretto,
Minnestrista, and Mound) have indicated a hesitation to pay their share of the close-
out costs because of questions about membership status in Suburban Alliance. The
contingency includes $10,000 in anticipation of not receiving funds from these cities.
We continue to investigate the membership questions and the possible legal
implications. If the contingency funds are not needed, the joint powers cities will
receive a partial refund.
.
To make certain that we are able to close the doors of Suburban Alliance on
January 31, we ask that you remit a check to Suburban Alliance by January 17,
1996.
.
One final action will be necessary, and that is for your city council to pass a
resolution dissolving the joint powers agreement. After the first of the year, we will
forward to you a draft resolution for your use.
Thank you for your assistance and cooperation during this long process. Should
you have questions, please give any of us a call.
Steve Mielke
Hopkins
939-1326
Geralyn Barone
Minnetonka
939-8200
Kathy L ueckert
Plymouth
509-5052
Wally Wysopal
St. Louis Park
924-2519
"
Sheet1
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Suburban Alliance Member Jurisdictions-Close-out Obligations :
i , i : 12117/96:
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City Name I Population ! % of Totall 1% of 110K :
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Deephaven ! 3621 ' 1.88! : $ 2,062.64 ·
Excelsior [ 23671 1.231 .$ 1,348.32 .
I
Hopkins [ 16536 I 8.56i i$ 9,419.47 I
,
Independence i 2952! 1.53: i$ 1,681.56 ;
i
Long Lake I 1951 i 1.01 1$ 1,111.36 i
Loretto ! 494: 0.26: T$ 281.40 :
Maple Plain ! 20941 1.081 i$ 1,192.81
Medicine Lake i 3731 0.19' i$ 212.47 :
Medina i 3628: 1.881 i$ 2,066.63
Minnetonka I 505691 26.191 !$ 28,805.81 !
Minnetrista i 37581 1.95: i$ 2,140.68 :
Mound ! 95921 4.97: '$ 5,463.93 :
i
Orono I 7444! 3.85, i$ 4,240.35 :
!
Plymouth * i 28696 ! 14.86: 1$ 16,345.93 '
I
Shorewood i 66131 3.421 i$ 3,766.99 .
Spring Park , 1757: 0.91 T$ 1,000.85 ;
,
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St. Louis Park I 43641 ! 22.601 1$ 24,859.39
St. Bonifacius ! 1192' 0.621 1$ 679.00 :
Tonka Bay I 14871 0.771 1$ 847.05
Wayzata I 38601 2.00i 1$ 2,198.79 !
Woodland ! 4821 0.25! i$ 274.56 :
i ! ,
!
Total i 193107' 1001 I $110,000.00 .
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* Plymouth also is served by Northwest Hennepin Human Services.
The City contributes to both organizations based on 1/2 population. .
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Page 1
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JOINT POWERS CITIES
OF
SUBURBAN ALLIANCE/WEST HENNEPIN HUMAN SERVICES
INVOICE
Payment of Close Out Costs for
Dissolution of Suburban Alliance
City of Shorewood
$3,766.99
.
Please remit by January 17, 1997
Suburban Alliance
3015 Raleigh Avenue
St. Louis Park, MN 55416
Att: Perry Madsen
.
To:
From:
Date:
Re:
Mayor and City Council
James C. Hurm, City Administrator
September 26, 1996
Suburban Alliance
On several occasions I have reported to you on the status of the Suburban Alliance to which
Shorewood has contributed for social service planning as well as energy assistance and
other program implementation. This year our contribution is $1,350.00. The attached
material is an update report from the larger cities involved. Please review it carefully. I
have also attached Resolution No. 96-67 which you passed July 22, 1996. This resolution
is similar to the one they are suggesting each city pass. It is unnecessary for you to take
any further action at this point.
.
cc: Al Rolek, Finance Director
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West Hennepin Human Services Joint Powers Cities- J
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September 23, 1996
Mayor and City Council of Shorewood
c/o Mr. James Hurm, City Administrator
5755 Country Club Rd.
Shorewood, MN 55331
Dear Mr. Hurm:
During the past weeks you have heard about the status of the West Hennepin
Human Services Planning Boar3, also known as Suburban Alliance. Since July several of
the city members of the joint powers agreement have worked to try to resolve the financial .
and functional difficulties of Suburban Alliance. Unfortunately, it does not seem that
Suburban Alliance can continue as an organization. At a September 5 meeting of the joint
powers cities, a majority of the member cities (12 of21 cities) reached consensus to
recommend to the city councils to dissolve Suburban Alliance.
Attached is a report on Suburban Alliance for your city council. The report spells
out the legal and financial obligations of the joint powers cities. This report was reviewed
with the Suburban Alliance Board of Directors on September 17, and they concur with the
proposed plan. The report requests that your city council pass a resolution declaring
intent to dissolve Suburban Alliance on January 31, 1997.
We hope that you can schedule action by your city council during October.
Please forward a copy of the adopted resolution to: Kathy Lueckert, City of
Plymouth, 3400 Plymouth Boulevard, Plymouth, 55447.
.
The financial obligations of the joint powers cities to pay the Suburban Alliance
debt and close out costs are not insignificant. Weare working diligently to identifY the
bottom line and determine the .:.~1ual obligation of each city. We will forward the number
to you as soon as practicable.
Thank you for your cooperation. Please give us a call if you have questions.
Steve Mielke
Hopkins
939-1326
Geralyn Barone
Minnetonka
939-8200
Kathy Lueckert
Plymouth
509-5052
Wally Wysopal
St. Louis Park
924-2519
MEMORANDUM
West Hennepin Human Services Joint Powers Cities
DATE:
September 23, 1996
TO:
Mayors and City Councils of West Hennepin Area
FROM::
On behalf of West Hennepin Human Services Joint Powers Cities:
Steve Mielke (Hopkins City Manager), Geralyn Barone (Minnetonka
Assistant City Manager), Kathy Lueckert (plymouth Assistant City
Manager) and Wally Wysopal (St. Louis Park Assistant City Manager)
.
SOOJ:
Report on the Status of West Hennepin Human Services Board (also
known as Suburban Alliance) and Request to Declare Intent to Dissolve
Suburban Alliance as of January 31, 1997
ACTION REQUESTED: The West Hennepin Human Services Planning Board (also
known as Suburban Alliance) is no longer a viable organization because of significant debt
and inability to perform its core functions of human services planning and coordination.
During the summer, staff from several of the Suburban Alliance joint powers cities and
from Hennepin County have met with Suburban Alliance. Attempts to resolve the
outstanding debt issues, keep the agency financially solvent, and provide core services
have proven fruitless. The best option is to dissolve the West Hennepin Human Services
Planning Board.
.
We request that you receive the following report on the status of the West Hennepin
Human Services Planning Board, review the action plan and approve a motion declaring
intent to dissolve West Hennepin Human Services Planning Board as of January 31, 1997.
BACKGROUND: The West Hennepin Human Services Planning Board was formed
by a joint powers agreement in 1973. In recent years, the organization has employed the
name Suburban Alliance. Its purpose was to "...provide an organization through which
the parties may jointly and cooperatively coordinate the providing of human services, both
publicly and privately, in the territory of the parties." In addition to planning and
coordinating human services, the board also provided a forum for citizen participation in
human services. One impetus for forming not only the West Hennepin Board but also the
Northwest Hennepin Human Services Planning Board and the South Hennepin Human
Services Board is that some of the state and federal human services funding received by
Hennepin County requires citizen input and participation. At the time the three boards
were created, Hennepin County and the cities agreed that such planning and participation
is best done at the local level.
Joint Powers Cities
Report on Suburban Alliance, Page 2
Eight cities were the original members of the Suburban Alliance board. Over time, the
number of member cities has grown to twenty one, but an additional four cities receive
services but provide no funding. Each member city can appoint two individuals to the
Suburban Alliance Board. At their discretion, the board also can appoint various "at
large" representatives. Because the size of the board (currently well over forty
individuals) makes for unwieldy decision making, the board appoints an executive
committee. This group effectively manages the organization.
In its twenty three years of existence, Suburban Alliance has expanded its scope from the
original functions of human services planning and coordination. Suburban Alliance has
managed the Energy Assistance Program (state funding), managed Emergency Services
contracts for Hennepin County, and provided home energy audits for NSP. Its planning
and coordination funding has been provided by the joint powers cities and by Hennepin
County. It also spawned two other organizations. Community Builders works to provide
housing options for low income residents of western Hennepin County. The Suburban
Hennepin Anti-Racism Coalition (SHARC) seeks to combat racism and encourage
tolerance.
.
.Suburban Alliance has a tradition of human services advocacy and grass-roots citizen
participation. Through the years Suburban Alliance and the joint powers cities have not
had an active working relationship.
DISCUSSION: Unbeknownst to the joint powers cities, Suburban Alliance ended
1995 with expenditures exceeding revenues. Nearly all of the debt was owed to
emergency services providers: Interfaith Outreach, Interchurch (ICA), WECAN, and
STEP. Money also is owed to Twin Cities Voice Mail. These organizations had provided
services during 1995, but had not been reimbursed for these services by Suburban
Alliance. Under the Hennepin County emergency services contract, Suburban Alliance
was to approve the emergency services vouchers and to pay them with funding from the
County. It appears that some of the emergency service dollars earmarked for the
providers was used to pay other obligations of Suburban Alliance. The problem was
compounded by increased overhead expenses, due to an office relocation and rental
market conditions at the time.
.
During the spring, Hennepin County held discussions with Suburban Alliance about
repaying the debt. In May, the Suburban Alliance Executive Director resigned. Suburban
Alliance was unable to devise a repayment plan and to provide planning and coordination
services which met the requirements of Hennepin County. In July, Hennepin County staff
decided to recommend to the Hennepin County Board the termination of all contracts with
Suburban Alliance, effectively shutting down the agency. Hennepin County staff then
contacted the joint powers cities and informed them of this recommendation. In general,
the call from Hennepin County was the first time the member cities were made aware of
.
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Joint Powers Cities
Report on Suburban Alliance, Page 3
the scope of the Suburban Alliance problem. The cities requested a one month delay in
this recommendation, to see if a solution could be devised.
City staff from Hopkins, Minnetonka, Plymouth and St. Louis Park have sought a solution
during the last weeks. A workable solution to keep the agency open does not seem
possible. With great reluctance, a recommendation to close Suburban Alliance was made
to all twenty one joint powers cities in early September. There seems to be consensus
among the cities to close the agency's doors by September 30; 1996 and to dissolve the
joint powers agreement by January 31, 1997.
The focus now has shifted to two issues: the orderly shut-down of Suburban Alliance, and
the opening of discussions with Hennepin County about a new human services planning
and coordination structure. The city attorneys ofMinnetonka and Plymouth/St. Louis
Park have stated that legally the joint powers cities are responsible-jointly and
severally-for the payment of the debt and costs associated with the agency shut
down. The extent of the financial obligation will be discussed in the next section. The
cities have devised an action plan to deal with all of the issues surrounding the shut down.
This plan is attached. No deadlines are assigned to any of the action steps because the
details are still under development.
All member cities of the joint powers agreement must adopt a resolution dissolving the
agency.. The joint powers agreement specifies that member cities have until August 1 of
each year to declare their intent to leave the joint powers agreement at the end of the
calendar year. If even one city does not take action to dissolve the agency, then
Suburban Alliance will continue to exist until January 31,1998. This would not be a
desirable situation.
FINANCIAL IMPLICATIONS: The 1995 audit of Suburban Alliance, completed in
1996, pointed to some of the agency's fiscal problems. While in 1996 Suburban Alliance
appears to be operating within its budget, it is doing so without repaying 1995 debt and
without having staff to perform core services.
The primary reasons for the 1995 debt seem to be:
. Suburban Alliance did not react promptly to cutbacks in federal and state funds,
keeping staff employed without adequate funds for their salaries. Funding sources,
such as emergency service dollars, were commingled in order to pay salaries.
. Suburban Alliance, in 1994, was compelled to relocate from free space in St. Louis
Park to leased space in Hopkins. The lease is for five years. Monthly rent is $3,000,
and. leasehold improvements were made which involve an additional $2,000 each
quarter.
Suburban Alliance has other Olltstanding obligations in addition to the debt owed to the
emergency services providers. Listed below are estimates of these obligations:
Joint Powers Cities
Report on Suburban Alliance, Page 4
1995 Obli2ations
Emergency. Services Providers
Federal Emergency Mgmt. Agency
Hennepin County Planning Contract
TwinCities Voice Mail ·
Subtotal
Deferred Revenues
$ 66,400
4,274
. 9,603
8.000
$ 88,277
$ 14,500
Thtal
$102.777
· Twin Cities Voice Mail provides a service to individuals who may not be able to afford
telephone service but need a means to receive messages for job searches, etc.
Attached is a spreadsheet summarizing Suburban Alliance's projected revenue and
expenditures for 1996.
In addition, there are unknown 1996 obligations. Estimates of the total amount for which
the joint powers cities are liable range from $100,000 to $177,000. A spreadsheet is
attached which shows the potential obligation of each city, based on population. It
assumes that the cost of debt repayment and close-out costs will be around $130,000.
This number does not include any obligations for the remainder of the office space lease,
which could be as much as an additional $130,000. We do not yet know how or when the
city obligations will be paid, but our intent is to finalize the obligation number before
December 31, 1996. The first priority will be debt repayment to the emergency service
providers.
Hennepin County has indicated its willingness to assist the cities with close out costs by
continuing its planning and coordination funding for Suburban Alliance through the end of
1996. This funding will help reduce the overall obligation of each city.
The current Suburban Alliance office manager will assist with the agency close-out
through the end of the year. This individual will administer the emergency services
contract for Hennepin County until the end of 1996. Hennepin County is exploring
options available for emergency services for the first six months of 1997. It is likely that
either the north or south human services planning boards will manage the emergency
services contracts through June 1997.
The joint powers cities feel strongly that an independent audit of the agency's books is in
order, both now and at the agency's dissolution on December 31, 1996. The audit will
determine the final financial obligation of each joint powers city. A CPA familiar with
human services planning boards and non-profit organizations may be used to conduct
these audits. .
,
,
.
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"
Joint Powers Cities
Report on Suburban Alliance, Page 5
FUTURE OF HUMAN SERVICES PLANNING: The staff of the joint powers cities
and county staff feel strongly that there is a need for human services planning and
coordination in western Hennepin County. During the fall, the cities will begin discussions
with Hennepin County about creating a new entity to do human services planning and
coordination. The goal is to h~'Te this new structure in place by July 1997. We have
learned valuable lessons from this experience. It is likely that the new structure will have
the active involvement of staff and/or elected officials from the member cities.
Suburban Alliance provided a valuable service for over twenty years. However, the joint
powers cities welcome this opportunity to look at what human service needs exist in the
1990s, and examine the best way to meet. these needs well into the next century.
.
RECOMMENDED ACTION: We recommend that the City Counc~ adopt the attached
resolution which states the intent of the joint powers cities to dissolve the West Hennepin
Human Services Board effective December 31, 1996. Another resolution, formally
dissolving the organization, will be presented in December.
Should you have questions, please give any of us a call:
Steve Mielke
Geralyn Barone
Kathy Lueckert
Wally Wysopal
Hopkins
Minnetonka
Plymouth
St. Louis Park
939-1326
939-8200
509-5052
924-2519
.
"
Joint Powers Cities
Report on Suburban Alliance, Page 6
City of
Res. 96 -
DECLARING INTENT TO DISSOLVE RELATIONSHIP WITH WEST
HENNEPIN HUMAN SERVICES PLANNING BOARD, A.K.A. SUBURBAN
ALLIANCE, EFFECTIVE JANUARY 31, 1997 AND PROVIDING FOR ITS
ORDERLY DISSOLUTION
WHEREAS, the West Hennepin Human Services Planning Board, also
known as Suburban Alliance, was established by joint powers agreement in 1973 to
provide human services planning and coordination in western Hennepin County; and
.
WHEREAS, Suburban Alliance has provided valuable service to western
Hennepin County, but due to financial difficulties is no longer able to perform its core
functions of human service planning and coordination; and
WHEREAS, county and city staffs recommend the dissolution of
Suburban Alliance effective January 31, 1997; and
WHEREAS, county and city staffs recommend exploring new options for
providing human services planning and coordination which can address current needs in
western Hennepin County; and
WHEREAS, the joint powers cities recognize and accept their obligation
to pay the debts and closing costs of Suburban Alliance;
.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of that it declares its intent to dissolve its relationship with the West
Hennepin Human Services Planning Board, also known as Suburban Alliance, effective
January 31, 1997; and
BE IT FURTHER RESOLVED that City Staff are directed to discuss
with Hennepin County and the other joint powers cities possible alternatives for human
services planning and coordination in western Hennepin County.
Adopted by the City Council on
Suburban Alliance-Proposed Action Steps
Le2al
. Suburban Alliance Board of Directors continues to act as legal entity authorized to
take actions necessary to close agency
. City Councils dissolve joint powers agreement and therefore the organization
.
Financial
. Conduct independent preliminary review and audit of agency to determine exact
financial status
. Close out existing contracts; finalize emergency service arrangements with Hennepin
County for remainder of 1996 and first six months of 1997.
. Settle lease issues
. Collect debts owed organization
. Sell assets
. Finalize outstanding obligations (debt and close-out costs) and submit payment
obligations to joint powers cities by December 31, 1996.
. Conduct independent final audit of Suburban Alliance
. Collect outstanding financial obligations from joint powers cities
.
L02istical _
. Establish agency close date of December 31, 1996. Office closes September 30, 1996.
. Inventory physical assets/sell physical assets
. Provide information/assistance to employees
. Retain current office manager to assist in coordination for agency close
. Begin discussions with Hennepin County about new human services planning and
coordination structure for western Hennepin County
Public Relations
. Western Hennepin Human Services Planning Board (a.k.a. Suburban Alliance) created
in 1973 by cities in western Hennepin County to provide human services planning and
coordination
. Suburban Alliance has provided valuable service to the citizens of western Hennepin
County, but is no longer a viable organization
. Recommendation to close Suburban Alliance difficult for cities to make
. Cities and Hennepin County remain committed to human services planning and
coordination; this is still an important need
. Exciting opportunity to work with Hennepin County to develop human services
planning and coordination which meets today's needs in western Hennepin County
.cg
West Hennepin Human Services Planning Board
Summary of Projected Revenues & Expenditures (4/96)
12 Month Period Ending December 1996
Energy Citizen Home
Assistance Participation Emergency Energy
Revenues: Program & Coordination Services Audits Other Total
Dept of Economic Security $1,022,500 $1,022,500
Hennepin County - .. ~9.9Ji~ '. 116,6o..Q__~) 199,500
Member Municipalities 35,000 35,OO~.
NSP Audit Program 76,300 76,300
Rent/Fiscal Agency 39,900 39,900
Total Revenues $1,022,500 $117,900 $116,600 $76,300 $39,900 $1,373,200
Expenditures:
Direct Assistance $775,600 $104,800 $14,000 $894,400
Personnel Related 130,200 57,700 10,200 21,200 18,600 237,900
Non Personnel Related 116,700 60,200 1,600 17,100 21,300 216,900
Total Expenditures $1,022,500 $117,900 $116,600 $52,300 $39,900 $1,349,200
Revenues
Less Expenditures $0 $0 $0 $24,000 $0 $24,000
.
Board Meeting
July 16, 1996
q
'. .
Sheet1
.
Suburban Alliance Joint Powers Cities-Debt and Close-out
Obligations
City Name Population 0/0 of Total % of 130K
Deephaven 3,621 1.88 $ 2,437.67
Excelsior 2,367 1.23 $ 1,593.47
Hopkins 16,536 8.56 $ 11 ,132.10
Independence 2,952 1.53 $ 1,987.30
Long Lake 1,951 1.01 $ 1,313.42
Loretto 494 0.26 $ 332.56
Maple Plain 2,094 1.08 $ 1,409.69
Medicine Lake 373 0.19 $ 251.10
Medina 3,628 1.88 $ 2,442.38
Minnetonka 50,569 26.19 $ 34,043.24
Minnetrista 3,758 1.95 $ 2,529.90
Mound 9,592 4.97 $ 6,457.37
Orono 7,444 3.85 $ 5,011.33
Plymouth * 28,696 14.86 $ 19,317.92
Shorewood 6,613 3.42 $ 4,451.90
Spring Park 1,757 0.91 $ 1,182.82
St. Louis Park 43,641 22.60 $ 29,379.28
St. Bonifacius 1,192 0.62 $ 802.46
Tonka Bay 1,487 0.77 $ 1,001.05
Wayzata 3,860 2.00 $ 2,598.57
Woodland 482 0.25 $ 324.48
Total 193,107 100 $ 130,000.00
* Plymouth's population is split between Suburban Alliance and
Northwest Hennepin Human Service Council. The City contributes
to both organizations.
.
Page 10
. ,l
CITY OF SHOREWOOD
RESOLUTION NO. 96- 67
A RESOLUTION GIVING NOTICE OF INTENT TO WITHDRAW
FROM THE SUBURBAN ALLIANCE
WHEREAS, the City of Shorewood has been notified of recent financial
problems of the Suburban Alliance which have been compounded by a threat by Hennepin
County to cut back funding for certain Alliance programs; an~
WHEREAS, it will take a number of months for the future of the Suburban
Alliance to be fmally determined; an~
WHEREAS, if the City of Shorewood wishes to withdraw from the Suburban
Alliance by the end of January 1997 a notice of intent to withdraw from participation needs
to be supplied to the Secretary of the Board of the Alliance by August 1.
NOW, THEREFORE, BE IT RESOLVED by the Shorewood City Council
that the City of Shorewood intends to withdraw from the Suburban Alliance at the end of
January 1997 unless the Alliance financial situation is addressed to the satisfaction of the
Shorewood City Council on or before that date.
BE IT FURTHER RESOLVED that the City Administrator is hereby directed
to have delivered to the Secretary of the Board of Suburban Alliance before August 1. 1996
a certified copy of this resolution as notice of withdrawal as of January 1. 1997.
.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 22nd
day of July. 1996.
) j~-', ~l
r ' I , ~:.><' .
l<::....-1L~'-"Mj\ -~l~_
Robert B. Bean. Mayor
.
ATTEST:
~0N'~ l ~
James 1. Hurm. City Administrator
t , ,
..
.
CKNO
19917
19918
19919
19920
19921
19922
19923
19924
19925
19926
19927
19928
19929
19930
19931
19932
19933
19934
19935
19936
19937
19938
19939
19940
19941
19942
19943
19944
19945
19946
19947
19948
19949
19950
19951
19952
19953
19954
19955
19956
19957
.
CHECK APPROVAL LISTING FOR JANUARY 13, 1997 COUNCIL MEETING
CHECKS ISSUED SINCE DECEMBER 18, 1996
TO WHOM ISSUED PURFa3E
MN DEPT OF REVENUE NOVEMBER SALES & USE TAX
FIRSTAR ACCEPTANCE FEE-1996A BONDS
METRO COUNCIL ENVIRONMENT NOVEMBER SAC
MINNESOTA'S BOOKSTORE BOOKS
MINNETONKA PUBLIC SCHOOLS 4 SCHOOL DISTRICT MAPS
PEPSI COLA COMPANY MISClPOP MACHINE RENTAL
ALAN ROLEK MILEAGE & EXPENSES
TEAM SEMINARS ATHLETIC FIELD SEMINAR
US POSTAL SERVICE POSTAGE FOR METER
VERNON SCHWANKE REISSUE-REFUND OVERPAYMENT
JACK CHANDLER ASSESSMENT REFUND
BELLBOY CORPORATION UQUOR
MIDWEST COCA-COLA MISe
GTE DIRECTORIES ADVERTISING
GRIGGS, COOPER & COMPANY L1QUORIWINE/MISC
JOHNSON BROS LIQUOR CO L1QUORIWINE/BEER
LAKE REGION VENDING MISe
PHILLIPS WINE & SPIRITS L1QUORIWINE
QUALITY WINE & SPIRITS L1QUORIWINE
THORPE DISTRIBUTING BEER/MISC
PETTY CASH PEITY CASH REIMB.
~ PERA
ICMA RETIREMENT TRUST 457 DEFERREDCOMP
CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS
ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID
MN DEPT OF REVENUE STATE TAX
A T& T LONG DISTANCE
LAWRENCE BROWN SNOWMOBILE ACCESSORIES
CHARLES DAVIS BOOT REIMB.
KATHLEEN HEBERT SEC 125 REIMB/MILEAGE
PATRICIA HELGESEN SEC 125 REIMB
THERESA NAAB MILEAGEfTUITION
BRADLEY NIELSEN SEC 125 REIMB
JOSEPH PAZANDAK MILEAGE
US WEST COMMUNICATIONS/ADVERTISING
BLACKOWIAK & SON REFUND-OVERPAYMENT
BELLBOY CORP. UQUOR
BELLBOY BAR SUPPLY MISClSUPPLlES + TAX
MIDWEST COCA-COLA MISe
FLAHERTY'S HAPPY TYME CO MISe
GRIGGS, COOPER & CO L1QUORIWINE
Page 1
AMOUNT
$13,241.00
75.00
891.00
85.65
20.00
199.78
84.00
325.00
1,000.00
68.00
3,048.00
3,768.65
285.15
84.10
4,752.77
3,242.65
451. 1 9
3,898.65
1,563.52
4,915.30
122.08
2,469.59
816.30
842.00
139.44
1,391.07
5.48
813.22
72.00
219.90
1,243.18
232.08
1,180.26
76.83
1,289.13
175.00
1,903.45
127.27
279.50
67.20
6,538.55
.
CHECK APPROVAL LISTING FOR JANUARY 13, 1997 COUNCIL MEETING
CHECKS ISSUED SINCE DECEMBER 18, 1996
CKNO TO WHOM ISSUED PURFa3E AMOUNT
19958 JOHNSON BROS LIQUOR lIQUORIWINElBEER $6,885.56
19959 LAKE REGION VENDING MISC 677.91
19960 LEHMANN FARMS MISC 299.69
19961 MARLIN'S TRUCKING FREIGHT 292.00
19962 PAUSTIS & SONS WINE 440.61
19963 PHILLIPS WINE & SPIRITS lIQUORIWINE 3,517.01
19964 QUALITY WINE & SPIRITS lIQUORIWINE 1,009.44
19965 ADAM'S PEST CONTROL PEST CONTROL 60.17
19966 ALBINSON REDUCTlON 38.52
. 19967 ANCHOR PAPER CO. COPIER PAPER 437.07
19968 BEST LOCKING SYSTEM OF MN LOCKS AND KEYS 465.16
19969 BOYER TRUCKS FUEL FILTERS 57.51
19970 BUSINESS HEALTH SERVICES PRE EMPLOYMENT PHYSICAL 98.00
19971 CARGILL SALT 2,752.18
19972 CHAMPION AUTO BODY WAX 20.21
19973 COMPUTER CITY ZIP DRIVE 436.45
19974 THE CONSULTING MAC COMPUTER SERVICE 2,298.59
19975 COORDINATED BUSINESS SYS STAPLE CART. - COPIER 38.58
19976 CROWN MARKING SIGNATURE STAMP 23.30
19977 DRISKILL'S SUPER VALUE COUNCIL LUNCH 21.65
19978 E-Z RECYCLING DECEMBER RECYCUNG 4,255.00
19979 FINA FLEET FUELING FUa 554.20
19980 FRONTIER ELECTRIC FUSES/FANS/LIGHTS 1,066.30
19981 HENN CO TREASURER NOVEMBER PRISONER EXP 71.00
. 19982 HENN CO TREASURER HOMESTEAD APPS 20.00
19983 DREW KRIESEL DECEMBER JANITORIAL 230.00
19984 MCI TELECOMMUNICATIONS LONG DISTANCE 9.99
19985 MAMA-LMC LABOR REL 96-97 SUBSCRIPTION 2,377.00
19986 MID AMERICA POWER DRIVES HYD PUMP 827.51
19987 OFRCE DEPOT OFFICE SUPPUES 150.55
19988 AT&T WIRELESS SERVICE AIR TIME 201.36
19989 MN CONWAY - FIRE & S MAINTENANCE 32.50
19990 NAVARRE TRUE VALUE PARKS 60.01
19991 NORTHERN STATES POWER UTILITIES 1,274.39
19992 NORTHWEST LASERS LEVEL 1,720.51
19993 PEPSI COLA CO POP PURCHASE AND RENTAL 80.48
19994 POMMER COMPANY, INC PLAQUES AND NAMEPLATES 228.88
19995 PRECISION COMPUTER SYSTEM PAYROLL UPDATE 45.34
19996 RIVER VALLEY AUTO PARTS GAS HOSE 11.81
19997 SATELLITE SHELTERS, INC WARMING HOUSE RENT & REPAIR 549.82
19998 SCIENCE MUSEUM OF MN HTML CLASS 208.00
Page 2
.
CKNO
19999
20000
20001
20002
20003
20004
20005
20006
20007
20008
20009
20010
20011
20012
20013
20014
20015
20016
20017
20018
20019
20020
20021
20022
20023
20024
20025
20026
20027
20028
20029
20030
20031
20032
20033
20034
20035
20036
20037
20038
20039
.
CHECK APPROVAL LISTING FOR JANUARY 13, 1997 COUNCIL MEETING
CHECKS ISSUED SINCE DECEMBER 18, 1996
TO WHOM ISSUED PURFQSE
SHOREWOOD TRUE VALUE NUTS AND BOLTS
TIMESAVER OFF SITE SEC MINUTES
TOLL COMPANY CYLINDER RENTAL
TONKA PRINTING STATIONARY, ENVELOPES
TWIN CITY WATER CLINIC WATER TESTING
VESSCO, INC CHLORINE INJECTOR PARTS
TOTAL REGISTER SYSTEMS SUPPLIES
BELLBOY CORPORATION LIQUOR
BELLBOY BAR SUPPLY MISClSUPPLlES
EAST SIDE BEVERAGE CO BEER/MISC
GRAPE BEGINNINGS WINE
GRIGGS, COOPER & CO LIQUOR
JOHNSON BROS. LIQUOR CO. WINElLIQUOR
LAKE REGION VENDING MISC
MN SUN PUBLICATIONS LEGAL ADS
MN VICTORIA OIL CO TIRE REPAIRS
PAUSTIS WINE CO WINE
PHILLIPS WINE AND SPIRITS L1QUOR/WINE
QUALITY WINE AND SPIRITS L1QUOR/WINE
US POSTMASTER 4TH QTR U/B POSTAGE
PERA JANUARY PERA LIFE INSURANCE
MEDICA JANUARY HEALTH INSURANCE
MEDCENTERS JANUARY HEALTH INSURANCE
GROUP HEALTH JANUARY HEALTH INSURANCE
LEAGUE OF MN CITIES JANUARY DENTAL INSURANCE
MINNESOTA MUTUAL LIFE JANUARY SIT DISABILITY
COMMERCIAL LIFE INSURANCE JANUARY LIFE INSURANCE
AFSCME COUNCIL 14 JANUARY DELTA DENTAL
CITY OF TONKA BAY JANUARY RENT-TB LIQUOR
GRIFFIN COMPANIES JANUARY RENT-LIQUOR I
TOWLE REAL ESTATE COMPANY JANUARY RENT-LIQUOR II
PERA PERA
ICMA RETIREMENT TRUST -457 DEFERRED COMP
CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS
ANOKA CTY SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID
AFSCME COUNCIL 14 UNION DUES
MN DEPARTMENT OF REVENUE STATE TAX
KATHLEEN HEBERT SEC 125 REIMB
BRADLEY NIELSEN SEC 125 REIMB
NORTHERN STATES POWER UTILITIES
JOSEPH PAZANDAK MILEAGE
Page 3
AMOUNT
16.53
437.25
3.06
952.47
20.00
330.37
42.34
1,204.15
29.14
4,875.50
88.95
5,921.54
690.06
695.35
490.13
65.18
373.61
889.86
3,033.54
481.88
45.00
5,657.14
1,507.38
1,405.13
585.63
94.50
87.60
224.00
1,000.00
5,793.51
2,576.88
2,465.78
822.37
842.00
139.44
119.10
1,409.42
192.00
100.00
2,267.69
41.55
.
.
CKNO
20040
20041
20042
20043
20044
20045
20046
20047
20048
20049
20050
20051
20052
20053
20054
CHECK APPROVAL LISTING FOR JANUARY 13, 1997 COUNCIL MEETING
CHECKS ISSUED SINCE DECEMBER 18, 1996
TO WHOM ISSUED PURP03E
US WEST COMMUNICATIONS
WASTE MANAGEMENT SERVICES WASTE REMOVAL
TOTAL REGISTER SYSTEMS SUPPUES
VIRGINIA KOLSTAD 96 SNOWMOBILE TASK FORCE EXF
BELLBOY CORP. UQUOR
BELLBOY BAR SUPPLY MISClSUPPLlES
DAY DISTRIBUTING BEERtMISC
GRIGGS, COOPER & COMPANY L1QUORIWINE/MISC
JOHNSON BROS LIQUOR CO L1QUORIWINE
LAKE REGION VENDING MISC
LEEF BROS MATS
MARK VII BEERtMISC
NORTH STAR ICE MISC
PHILLIPS WINE & SPIRITS L1QUORIWINE
THORPE DISTRIBUTING BEERtMISC
AMOUNT
411.41
152.00
85.48
78.07
1,245.15
103.31
3,313.50
2,474.15
1,758.06
244.16
26.20
3,603.20
211.20
658.20
$7,871.75
TOTAL CHECKS ISSUED
Page 4
CITY OF SHORE WOOD
CHECK APPROVAL LIST FOR
JAN. 13. 1997 COUNCIL MTG
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
.__.__.__"M'_' _.._._._._______._..___.__.._._._.____.___._ ---.--.-.--.-.-.-..----.--..-.--.-.---.---- ----.-.---..--- --..-------.-..--
20055 ABEL/B & C, INC. REPAIR PW FURNACE CITY GAR 90.00
20056 EARL F. ANDERSEN, INC.
St'..!OIIJt"iOEl I '-.. E S I Gt...~S
F) (;~~ r,:;~ ~<. s I~
20057 ASSOC. OF METRO MUNIC
1997 MEMBERSHIP DUES
COUNCIL
200::.~:~ (~T 8< T
TOI/.!EF?....L.Oi...~G D I ST
1;.)(iTEF,' DE
20059 BIFFS, INC.
PORTABLE TOILET RENTAL
F) (;~~ F~~ l-<:. ~:) &
20060 BRC ELECTIONS-MIDWEST REG ELECTION EQUIP MAINT
GEN GOVT
20061
e")<'''''
. I., s.:).~-:"
J h'f<, I r"~C
(~r~~ ()~) ~:). ~3 E: E: D
FJ (~ F~~ ~<. ~) 8<
COr1PUTEF,~ C I TV
COr/iPUT[F?
20063 CRABTREE CO INC
D~~)T() T()PES
G[t...~ GOVT
20064 [MPAC COMPUTER INC COMPUTER-ENG
COr1PUTEF<'....ENG
*** TOTAL FOR EMPAC COMPUT[R INC
. .1 ;.. 4.::5(;"4 {)~;)
20065 ERICKSON, ROLF E.A.
JAN/FEB ASSESSOR FEES
ASSESSOR SLJPPLIES
Ph~OF SEF.<.
PF<~OF:: SEF?
*** TOTAL FOR ERICKSON. ROLF E.A.
7.871._7~\
-------- 55,670.00
20066 GEH CONSTRUCTION, INC
SF? CO 1'1 r1 CTF?
1.96..42
1. ,985.00
.5 '4 4~:}
c~ ':;) .::1 ~ 3 c:.,
7.12,.::.0
1., 31.1. 9~::.
1. . ()27 .. 69
.5~3 .. ;5~?
1. ,,279.49
1::,7.. 20
7,706..66
1(:',5. ()9
20067 GOPHER STATE ONE-CALL, IN ONE CALL SERVICE WATER DE 12.25
ONE CALL SERVICE SEWER DE 12..25
. *** TOT(.~L FOR GOPHEh~ STATE OHE:,wC(~L 24.50
20068 GOVT FIHAHCE OFCRS ASSOC SUBSCRIPTION RENEWAL
F I I".~(;;)NCE
20069 HENH CO GEHERAL SERVICES 97 TRUTH IH TAXATION
GEr--! GO\lT
20070 INTRHTL CITY/COUNTY
97 MEMBERSHIP-J. HURM
M)r1 I r.j
20071 K A ELECTRICAL SERVICES
C(.~THC(~)F?T I;J/H
FJ(;~F~~:.S &
55,,00
429.67
51a,,74
:5'9~) w ()3
20072 METRO COUHCIL EHVIROHMEHT JAHUARV TREATMEHT CHARGE SEWER DE 43.088.00
20073 MEfRO COUNCIL EHVIRONMEHT DECEMBER SAC
~3 E:: 11-) E: F~~ [) E~
20074 MIHHESOTA GFOA
1997 MEMBERSHIP DUES
F;: I (J,(:~ f'-! C: E
20075 MIHHESOTA ON-LIHE
.J(~N 1/.)Ei3 FeEL
t'1 U I....! B L. D G
20076 MH SAF[TY COUNCIL. INC.
hEI"iE;[~h'SHIP UI...lES
PUH I/')}{S
20077 MIHHESOTA STATE TREASURER 4TH QTR BLUR PERMIl SC
Ph~C!T Ir)~::;
2()()-J~3 MN Sl.JN j::J!..JBI_:rCA-fICJNS
L.ECj(iL (~Ci:3
CiCi"{ GOVT
'P,,~t:> "
7 , 1~28 . 00
1~::. .. () ()
~,4..90
15().. ()()
'?;i 1'7(),~ 7E:,
211). ()()
CITY OF SHORE WOOD
CHECK APPROVAL lIST FOR
JAN. 13. 1997 COUNCIL MTG
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
--~'-'---'-'- -.--..-.....-..-.------.-------.-.--.-.-- -..--..---.--------.------..-..-...-.--.--. ..-.-----.-- -----.-----.-
20079 1'1I1...J,NEG('lSCO
UTILITIE~3
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTIL.ITIES
*** TOTAL FOR MINNEGASCO
1t.)PITEF~ DE
I/.)(;~TEF~ DE
ljo!('l TEF~ DE
CITY GAF~
P~1F<~KS ,~
1'1UN i3LDG
2S1 .. 03
1::.0.24
160..80
~l28 . 09
604..87
109.63
2' '/"7 ,. c:- .~::I
-------- 61.92
-------- 130.96
1,,8::.5.19
20080 MINNESOTA MAYORS ASSOC.
e0081 1'10U1...J,D."C I TY OF
1997 MEMBERSHIP DUES
COU~..J,C I L.
1ST WTR FIRE PROTECTION FIRE PRO
20082 WM. MUEL.L.ER & SONS. INC. SAND
SNOII.! 8< I
20.00
2.010..7.5
1.447,.29
20083 MUNITECH. INC. JANUARY MAINTENANCE
JANUARY MAINTENANCE
*** TOTAL. FOR MUNITECH. INC.
WATER DE 4.485.00
SEWER DE 2.415.00
6.900.00
20084 NORDBERG CONSULTING COMPUTER TRAINING-WA GEN GOVT 21.00
COMPUTER TRAINING-WA PUB WKS 21.00
COMPUTER TRAINING-WA -------- 21.00
C01'1PUTEF.~ Tr:;~(;~ I N I 1.,.!(:1....1/.)(~ Pf1F;'KS .!X 21.00
*** TOTAL FOR NORDBERG CONSUL.TING 84.00
20085 POTTS. KENNETH N
DECEMBER PROSECUTIONS
PFWF SEF~
.0086 Fi~IVEh' V(;LLEY AUTO P~1F~TS
HOSE/'F I TT I 1...J,GS
PUB I/.!}<.S
20087 ROWEKAMP ASSOC. PC ARC/INFO SOFTWARE
TF~;:"IINI1'.J,G
T F.' ('l I N I 1...1,13
*** TOTAL. FOR ROWEKAMP ASSOC.
.1 ~ 5.()8 .. 33
63..44
3l'2.16..3()
PL.ANNING 750.00
PUB WKS 750.00
4,7.1.6.30
20088 SO LK MTKA PUB SAFETY DEP JANUARY BUDGET
POLICEP 38,225..85
4';:..60
20089 STAR TRIBUNE
L.EGAL SERVICES AD
GEN GOVT
20090 SULLIVAN UTILITY SERVICES SEWER REPAIR
::3EItJEf~ DE
20091 TOTAL PRINTING SERVICES
PEF71'1I T C(~PDS
P}:,(OT I1"'J,S
20092 UNITOG RENTAL SERVICES
U1...J,I FOh~MS
CITY G(~'lF~
20093 W.W. GRAINGER, INC
BC)()STER PU~1P
1/.!('lTEF~ DE
20094 W HENN HUMAN SERVICES
CL.OSE OUT COSTS
COUNC I L.
20095 WIDMER. INC.
SEW~~R REPA:rR'-'SI~A[)Y ISL
::) E: I,...j E: F~~ () E::
20096 l:rE(;LER~ INCw
Cl.JTT I HG [Del:::::::;
pi,);::; 1/.!f{:3
11:2" 45
c)e.\,. (."5
.S () t~ ,. ~:) (:.'
"~l ~:~ (~ :. ~:~I ()
3 ;:p.."/()(' ~ (;)~;~
:~; ~ () <.ll " t<:> ~:~
:Z(;:>(J, ;~3')
.
CITY OF SHORE WOOD
CHECK APPROVAL LIST FOR
JAN. 13, 1997 COUNCIL MTG
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
_______._ __._.___-___.______.__._.____.___ _.__M____.______.___________ --------- -----------
20097 VILLAGE FLOWER SHOPPE
CENTERPIECES-APPR PARTY --------
*** TOTAL CHECKS FOR APPROVAL
190,435.43
*** TOTAL CHECK APPROVAL LIST
___356,535.50
.
.
p~oo 7
17.04
CHEcr<.
T'y'PE
.
COM
cm1
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.
CHECK
DATE
.12 24 96
.12 24 96
.12 24 96
1 ';:0 2 <q. ~1 t,
.12 2~1- 9c'
12 24 96
1''::- 24 9,<;',
.12 24 96
.12 24 96
l~2 24 ~;;(..,
.12 24 96
_12 24 96
.12 24 96
.12 24 96
.12 24 96
.12 24 96
.12 24 96
l2 24 96
.12 24 96
96
96
96
.12 24 96
.17 24 96
.12 24 96
l2 24 5)6
.12 24 96
.12 24 96
17 24 96
24 96
24 96
24 96
24 96
24 96
.12 24 96
24 96
24 96
24 96
24 96
24 96
24 96
24 96
24 96
24 96
.12 24
.12 24
1'7' 24
-, roo
..L..":'::
.12
.12
12
.12
12
12
.1'"'
..:;:;.
12
.17
1'"'
.do
12
1'"'
.'
~
1'"'
..<..
12 24 96
.12 24 96
12 24 96
1:2 24 96
.12 24 96
12 24 96
12 24 96
1.2 24 96
12 24 96
1,:, '24 ') {.
CHECf<:
REG 1ST E R
Ei'1PLO''('EE NAME
NUMBER
75 GRANT M. ANCEVIC
80 WENDY S. ANDERSON
101 SCOTT M. BARTLETT
115 LAWRENCE A. BROWN
120 ROBERT B. BEAN
125 BRUCE c. BENSON
150 HEATHER A. SLECHTA
325 ANGELA M. COLE
375 JODI A. DALLMAN
500 CHARLES S. DAVIS
775 JAMES C. EAKINS
870 KELLY P. FLANAGAN
1105 KERI ANNE GRAF
1190 KATHLEEN A. HEBERT
1400 PATRICIA R. HELGESEN
1415 SHAWN D. HEMPEL
1550 JAMES C. HURM
1601 BRIAN D. JAKEL
1700 JEFFREY A. JENSEN
1800 DENNIS D. JOHNSON
.1840 PAUL H. JOHNSON
1950 MARTIN L. JONES
2100 WILLIAM F. JOSEPHSON
2270 JOHN T. KOPISCHKE
2425 KELLY B. LADD
2500 SUSAN M. LATTERNER
2550 PETER W. LENZEN
2800 JOSEPH P. LUGOWSKI
2805 JASON R. LUND
2900 RUSSELL R. MARRON
2930 JENNIFER T. MCCARTY
2990 TODD A. MORGAN
2992 BRYCE M. MUIR
3000 THERESA L. NAAB
3040 EVAN NEITZEL
3050 ERIK NEWBERG
3100 LAWRENCE A. NICCUM
3400 BRADLEY J. NIELSEN
3420 ROBIN S. O'MEARA
3500 JOSEPH E. PAZANDAK
3580 CHRISTOPHER J. POUNDER
3592 SAMUEL D. PREHALL
3600 DANIEL J. RANDALL
3701 BRIAN M. ROERICK
3800 ALAN J. ROLEK
3825 JOHN E. SAYER
3900 CHRISTOPHER E. SCHMID
3910 R CONRAD SCHMID
4190 DANA G. SHAW
4200 FRANK R. SHAW JR.
4500 KRIST! STOVER
4575 REBECCA A. TARVIN
4577 PAMELA T. TURNQUIST
4600 BEVERLY J. VON FELDT
P.,n-.o. C'!
CHECK
NUMBER
2.1.1343
211344
2.11345
211346
2.11347
211348
21.1349
2.1.1350
2.1.1351
211352
21.1353
2.1.1354
21.1355
21.1356
21.1357
2.1.1358
2.1.1359
2.1.1360
21.1361
2.1.1362
211363
2.11364
2.1.1365
21.1366
211367
2.1.1368
2.1.1369
2.11370
2'1137.1
2.1.1372
2.1.1373
21.1374
2.11375
2.1.1376
2.1.1377
2.1.1378
2.1.1379
2.1.1380
2.1.138.1
2.1.1382
2.1.1383
2.1.1384
2.11385
2.1.1386
2.1.1387
2.1.1388
2.11389
2.11390
2.1.139.1
2.11392
211393
211394
211395
:2113')16
CHECK
AMOUNT
.138.49
652.16
28..()8
1385. .SO
230.87
184..70
24..52
296.63
87.00
905,.54
7.15.6.1
36.07
31.7.5
637.36
569.~9
.109..10
1826.96
~20.00
.1038.63
958.96
8~.71
61.04
632.56
108.05
154.51
642..07
37.52
983.99
196.29
29.32
.182.28
.12.1.51
103.85
687.22
100.92
82.80
1047.23
847.67
45.02
1057,.76
833." 7.1
8() .. 98
.1042.50
93..78
.1.142.50
73.40
4.55.14
'7'?..36,
57.71
18:2 ," 28
184.70
202. ~:',7
t.ll/~ .. 3.5
/7.47
.
.
'"
CHECK
TYPE
COM
CHECK
DATE
12 24 96
C H E C K
EMPLOYEE NAME
NUMBEF~
t~i::GI::iTEF~
4750 RALPH A. WEHLE
:lcICIC(<TOTI'4LS****
P"::linoQ
CHECK
r-J.UMBER
2.11397
CHECK
AMOUNT
836.74
23140.73
~
CHECK
TYPE
COM
.
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
C(JM
.
COM
COM
COM
COM
COM
COM
COM
C()M
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
G()M
(~Oi1
1 07 97
1 07 97
1 07 97
1 07 97
1 07 97
1 07 97
1 07 97
1 07 97
1 07 97
1 07 97
1 07 97
1 07 97
1 07 97
1 07 97
1 07 97
1 07 97
1 07 97
1 07 97
107 97
l 07 97
1 07 97
1 07 97
1 07
1 07
1 07
l 07
1 07
1 07
1 07
1 ().J
1 07
1 ().J
1 07
1 07
1 07
1 07
1 07
1 07
1 07
1 07
1 ().7
l 07
1 07
1 07
1 07
l 07
1 07
\ 07
L
1 07
1 ()']
~ 07
CHECK
DATE
9"7
97
9"7
97
97
97
97
97
S(l
97
').7
9"7
~1.1
9"7
s,.}
97
97
97
97
97
97
97
97
97
97
97
97
9-7
97
C H E C K
REG I S "r ~ R
EMPLOYEE NAME
NUMBER
75 GRANT M. ANCEVIC
80 WENDY S. ANDERSON
101 SCOTT M. BARTLETT
115 LAWRENCE A. BROWN
1~0 BRIAN M. BECKER
150 HEATHER A. BLECHTA
325 ANGELA M. COLE
375 JODI A. DALLMAN
500 CHARLES S. DAVIS
775 JAMES C. EAKINS
1105 KERI ANNE GRAF
1190 KATHLEEN A. HEBERT
1400 PATRICIA R. HELGESEN
1415 SHAWN D. HEMPEL
1550 JAMES C. HURM
1601 BRIAN D. JAKEL
1700 JEFFREY A. JENSEN
1725 DOUGLAS G. JESSEN
1800 DENNIS D. JOHNSON
l810 JEROMY W. JOHNSON
1840 PAUL H. JOHNSON
1950 MARTIN L. JONES
2100 WILLIAM F. JOSEPHSON
2270 JOHNT. KOPISCHKE
2490 JEREMY J. LATTERNER
2500 SUSAN M. LATTERNER
2550 PETER W; LENZEN
2760 SARA E. LOTTIE
2800 JOSEPH P. LUGOWSKI
280~ JASON R. LUND
2900 RUSSELL R. MARRON
2992 BRYCE M. MUIR
3000 THERESA L. NAAB
3040 EVAN NEITZEL
3100 LAWRENCE A. NICCUM
3400 BRADLEY J. NIELSEN
3420 ROBIN S. O.MEARA
3500 JOSEPH 2'4 PAlANDAK
3580 CHRISTOPHER J. POUNDER
3592 SAMUEL D. PREHALL
3600 DANIEL J. RANDALL
3701 BRIAN M. ROERICK
3800 ALAN J. ROLEK
3825 JOHN EM SAYER
3900 CHRISTOPHER E. SCHMID
3910 R CONRAD SCHMID
4190 DANA G. SHAW
4550 MATTHEW G. STRAND
4575 REBECCA A. TARVIN
4577 PAMELA T. TURNQUIST
4/5() RAL;~~'i A.. WEHLE
:'~'::~:l'T'o'rAl3;~:~~K*
CHECK
NUMBER
211399
211400
211401
211402
211403
211404
211405
211406
211407-
211408
211409
211410
211411
211412
211413
211414
211415
211416
211417
211418
211419
211420
211421
211422
211423
211424
211425
211426
211427
211428
211429
211430
211431
211432
211433
211434
211435
211436
211437
211438
211439
211440
211441
211442
211443
211444
211445
211446
211447
211448
211449
CHECK
AMOUNT
104.91
.586~89
31.03
1409.68
109.01
198.23
314.94
68~22
954"63
717.60
23~09
644.64
781.69
93.50
1714.32
207.51
1041.91
168~58
860~96
141.39
158~06
210.04
632,.94
260,.43
87.12 .
642~68
121~33
294.70
999.05
132.76
29~32
110.98
669.45
34,.29
1060.34
846~78
115_56
1064.54
789~58
237.09
941.80
187,.9~3
1115.10
39.37
465,.88
108.22
138"52
134.64
148.27
622:.(~.S
b65~()9
2323"7,.29