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012797 CC Reg AgP T- , , ~ :~" r..... ~!) CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 27, 1997 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Dahlberg_ Stover _ McCarty ____ O'Neill Garfunkel B. Review Agenda C. Presentation of Plaques 2 . APPROVAL OF MINUTES A. City Council Executive Session Minutes January 13, 1997 (Att.-#2A Minutes) B. City Council Regular Meeting Minutes January 13, 1997 (Att.-#2B Minutes) 3 . CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: A. A Motion to Approve an Independent Contractor's Agreement for Rink Supervisory Services (Attn.-#3A Proposed Agreement) B. A Motion to Approve the Permanent Appointment of Pamela Turnquist as Receptionist/Secretary (Att.-#3B Staff Memorandum) C. A Motion to Approve a Sign Permit for the Waterford Shopping Center (Att.-#3C Planner's Memorandum) Applicant: DeMars Signs (on behalf of H&R Block) Location: 19905 State Highway 7 D. A Motion to Adopt a Resolution Terminating the West Hennepin Human Services Planning Board (Suburban Alliance) (Att.-#3D Proposed Resolution) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5 . CONSIDERA nON OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS (Att.-#5 Proposed Resolution) . ~ I CITY COUNCIL AGENDA - JANUARY 27, 1997 PAGE 2 OF 2 6. PLANNING - Report by Representative A. A Motion Regarding Amendment to the Waterford PUD Development Agreement to Allow On-site Alcohol Beverage (Att.-#6A Planner's Memorandum) Applicant: Vladimir Velikson Location: 19905 State Highway 7 (Waterford Shopping Center) B. A Motion Directing Staff to Prepare Findings of Fact Regarding a Conditional Use Permit (Att.-# 6B Planner's Memorandum) Applicant: Mitch Jones Location: 24245 Wood Drive 7 . LMCD REPORT - Report by Bob Rascop Discussion of a Resolution Regarding Vending of Food or Merchandise From Watercraft on Lake Minnetonka (Att.-#7 Resolution Adopted by City of Orono) 8. ADMINISTRATOR & STAFF REPORTS A. Planner's Report on Water Resources Management Policy Plan (Att.-#8A Metropolitan Council Report) B. Review of Timeline and Budget Requirements for 1997 Council Priorities (Att.-#8B Staff Memorandum) C. Review of 1996 Budget Objectives (Att.-#8C Final Report) D. Review and Consensus on Work Session Dates (Att.-#8D Administrator's Memorandum) 9. MAYOR & CITY COUNCIL REPORTS Mayor's Report on January 22, 1997 Coordinating Committee Meeting 10. ADJOURN TO SUBJECT TO APPROVAL OF CLAIMS (Att.-#lO) -- Dear Mayor and Council, t& "):1"" 7; ~ ~ Thank: you for the opportunity to address the city council. After the discussion, it is apparent that you did not understand my questions. These questions are not a matter of politics, but matters of fact, which are not debatable. With that in mind, please answer the following questions: 1. Was there a variance given to the developer of Watt en Pounds? yes no 2. Was there a conflict of interest between Mr. Watten and anyone in the city of Shorewood? yes no if yes, state who. 3. Was the developer of Watt en Pounds held to strict conservation easements, tree preservation requirements more stringent than current Shorewood residents, wetland setbacks more restrictive than any other city within the Minnehaha Creek Watershed District, assessment for water twice that of current Shorewood residents? yes no 4. Do you consider 10 homes on 9 buildable acres high density? yes no If yes, what is the appropriate number? {The issue is density not lot size} 5. You listed Mr./Mrs. Johnson and Mr./Mrs. Bache as members of the "Preservation Team" Campaign Committee. Did they make a financial contribution either to you personally or the Preservation Team? If so, how much? 6. Mr./N[rs. Johnson and Mr./Mrs. Bache, both who are active litigants in actions against the city were listed as members of the "Preservation Team" Campaign Committee. While there may be nothing illegal about this arrangement, there is perception that because of this cozy relationship, you may not be able to represent the city's position in these two cases. I assume, because of these relationships, you will recuse: yourself from discussions relating to these cases. Will you? yes no If not, why not? Embellishment always has room in any public discourse. Misrepresentation of the facts does not. I look forward to your truthful answers. Kirk Rosenberger FILE COpy CITY OF SHOREWOOD MAYOR Tom Dahlberg 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.netlshorewood . cityhall@shorewood.state.net 15 January 1997 Bob and Marty Snyder 19855 ChartWell Hill Shorewood, Iv1N 55331 Re: Velickson - Proposed Amendment to On-sale Liquor Prohibition - Waterford Commercial Area Dear Mr. and Mrs. Snyder: Thank you for your input regarding the above-referenced Planning Commission case. At its 7 January 1997 meeting, the Commission voted (5-1) to recommend to the City Council that the existing protective covenants be relaxed to allow the applicant to apply for a liquor license. The Commission also recommended that if the Council does issue a license in the future it would be subject to the following conditions: 1. Hours of operation shall be limited to the same hours as the original Waterford covenants prescribed. 2. The family restaurant shall not display televisions, video or pinball games. 3 . Any form of amplified sound shall be imperceptible beyond 50 feet of the restaurant. 4. The family restaurant shall not have a separate bar area. 5. Liquor shall only be served with meals. 6. The family restaurant shall not advertise the sale of alcohol. This recommendation will be considered by the City Council at its 27 January 1997 meeting. Approval by the City Council will require a four-fIfths vote. Sincerely, THE SHOREWOOD PLANNING COMMISSION A Residential Community on Lake Minnetonka's South Shore . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 17 December 1996 Dear Shorewood Resident: Since its earliest approval in 1984 the Waterford commercial area has been subject to a condition which precludes the property owner from applying for any kind of liquor license. On 3 December of this year, following legal notification requirements, the Shorewood Planning Commission conducted a public hearing to consider a request by Vladimir Velikson to modify the covenants of the Waterford commercial area, allowing him to apply for a liquor license within the Waterford ' Shopping Center. Mr. Velikson proposes a European family-style restaurant and wishes to offer alcoholic beverages with meals. The purpose of this letter is to solicit additional resident input. Although the notice of the hearing in December met legal notification requirements, the Planning Commission continued the hearing and directed City staff to notify residents within a larger radius of the shopping center property. The Commission is interested in your opinion relative to this matter. The public hearing on whether or not to allow on-sale liquor to be offered at the Waterford Shopping Center has been continued to the Planning Commission meeting scheduled for Tuesday, 7 January 1997 at 7:15 p.rn. Meetings are held in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road. ' t I I , The Planning Commission would appreciate hearing your comments at this meeting. If you are unable to attend, written comments will also be considered and should be sent to: Shorewood Planning Commission c/o Brad Nielsen Shorewood City Offices 5755 Country Club Road Shorewood, MN 55331 If you would like more details relative to this proposal, you may call the Shorewood Planning Department at 474-3236. Your attention to this matter is greatly appreciated. Tbe Pbmning Commission wishes you a Happy Holiday Season and looks forward to hearing from you! Bradley J. Nielsen Planning Director ..,.J. r<r aA rAX ~ =' ad. c -.PI;j aJIH,~ _ j. I t ~ ~ L J~"'.1 v~ xJ M,.';';:~/ ;:== ).)0,,-, ()--1"-r.i4l\ (T~ -, (,.'\ I , c:' I . I. .,., / ,', (' t.e-.l /.., - /'J...&-f -' ~~~Jt~.~~ . ,.t=r (' a,il A.'.ll, / ' I Sincerely, CITY OF SHOREWOOD , r A Residential Community on Lake Minnetonka's South Shore .. } " . it..J . MAYOR Tom Dahlberg '---~~l~ '<) COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel CITY OF SHOREWOOD 5755 COUNTRY CLUB. ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.neVshorewood.cityhall@shorewood.state,net Executive Summary Shorewood City Council Meeting Monday, January 27, 1997 , Y"..:/"" \.-/" ./ :} Agenda Item #3A: The City Council should approve all independent contract agreements. Becky Tarvin became the Ice Skating Rink Supervisor in December and should have her agreement officially approved by the Council. Agenda Item #3B: Our Receptionist/ Secretary Pamela Turnquist has successfully co~pleted her . six month probationary period. She has been evaluated as an excellent employee and IS recommended to be approved as a permanent employee by the City Council. The motion is to approve the permanent appointment of Pamela as Receptionist/Secretary. Agenda Item #3C: The Planning Director recommends approval of a business sign permit for H & R Block to be located at the Waterford Shopping Center on Highway 7. The sign is consistent with the Zoning Code and the overall signage plan for Waterford. A simple majority vote is required for approval. Agenda Item #3D: Although I updated the Council on the dissolving of the Suburb~ Alli~ce ~t the last Council meeting, this resolution takes care of cleanup items such as the OffiCIal t~rmmatlOn of the board of Suburban Alliance. The City of St. Louis Park will take care of the detaIls and report back to each of the cities. Agenda Item #5: This resolution approves the appointments to PI~nin& Commission Ch~ and Vice Chair as recommended by the Planning Commission. In addItIon, It makes the appomtment of Jerry O'Neill as backup to the Mayor on the Police Coordinating Committee. A number of the cities have appointed a backup in case of absence of the Mayor. Agenda Item #6A Vla~imir Velikson has requested an amendment to the Waterford Development Agree~ent and ProtectIve ~ovenants to allow him to locate a European style family restaurant with the abI~Io/ to se:v~ alcoholIc bev.erages at the Waterford Shopping Center. The Planning CO~SSIO~ ong.mally tabled this matter and sent out a second public hearing notice doubling the req~ur~d notIce dIstance. Area homeowners' associations were also notified of the request. The maJonty of c.o~espondence received supported the proposal. The Planning Commission attached several,conditIons to preclude .a sports bar from being located there in the future. Included in your packet IS the staff report for this case, resident correspondence, the original Waterford resolution and excerpt from the original development agreement, and the original covenants. Pertinent Planning Commission minutes are also included, as well as a draft resolution approving the amendm~nt. If approved by the Council, an amended declaration of covenants would be prepared by the CIty Attorney. Approval requires a four-fifths vote of the City Council. A Residential Community on Lake Minnetonka's South Shore Agenda Item #6B: Mitch Jones requests conditional use permit to have accessory space in excess of 1200 square feet on his property at 24245 Wood Drive. He proposes to build a new attached garage which, combined with an exisiting utility building, exceeds 1200 square feet in area. It should be noted that the applicant has begun construction on the garage, having posted an escrow guaranteeing that the utility building would be removed if the City fails to grant the c.u.p. The request complies with Zoning Code requirements and the Planning Director and Planning Commission have recommended approval subject to the applicant installing tree protection measures around a large tree in front of the property. Council approval requires a four-fifths vote. Agenda Item 7: Lake Minnetonka Conservation District (LMCD) Representative Bob Rascop has a report for the City Council on request for vending of food and merchandise from watercraft on Lake Minnetonka. He will further brief the Council on LMCD matters. . . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD MONDAY, JANUARY 13, 1997 CONFERENCE ROOM EXECUTIVE SESSION 6:30 PM DRAFT MINUTES EXECUTIVE SESSION 1 . Mayor Dahlberg opened the meeting at 6:32 p.m. Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; City Administrator Hurm; and Legal Counsel 2. DISCUSSION OF LITIGATION MATTERS The City Council reviewed with Legal Counsel the merits of several litigation matters before the City. No action was taken. 3. ADJOURN There being no further business the meeting was adjourned at 7 :27 p.m. RESPECTFULL Y SUBMITTED. James C. Hurm, City Administrator ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR :!FdA CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, JANUARY 13, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DRAFT Mayor Dahlberg called the meeting to order at 7:32 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; City Attorney John Dean; Planning Director Brad Nielsen; Engineer Larry Brown; Finance Director AI Rolek. B. Review Agenda . McCarty moved, O'Neill seconded to approve the agenda for January 13, 1997. Councilmember Garfunkel requested Item No.6 be tabled to allow for further Council discussion. He suggested a work session may be appropriate. Mayor Dahlberg was in favor of selecting another date for discussion of this matter. It was decided this item will be more fully addressed during consideration of Item 6. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - December 16, 1996 The City Council Regular Meeting Minutes for December 16, 1996, were approved as submitted. . B. City Council Executive Session Minutes - December 16, 1996 The City Council Executive Session Minutes for December 16, 1996, were approved as submitted. C. City Council Special Session Meeting Minutes - January 2, 1997 The City Council Special Meeting Minutes for January 2, 1997, were approved as submitted. D . City Council Special Meeting Minutes - January 6, 1997 The City Council Special Meeting Minutes for January 6, 1997, were approved as submitted. E. City Council Special Meeting Minutes - January 7, 1997 The City Council Special Meeting Minutes for January 7, 1997, were approved as submitted. #~t3 CITY COUNCIL REGULAR MEETING MINUTES JANUARY 13, 1997 - PAGE 2 3. CONSIDERA TION OF A MOTION ADOPTING RESOLUTIONS MAKING APPOINTMENTS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR 1997 A. A Resolution Making Appointments for 1997 Garfunkel moved, O'Neill seconded approving RESOLUTION NO. 97-01, "A Resolution Making Appointments for 1997." Motion passed 5/0. Mayor Dahlberg introduced John B. Dean, Kennedy & Graven, who has been appointed to the position of City Attorney. B. A Resolution Making Appointments to Various Commissions to Begin in 1997 Mayor Dahlberg announced the appointment of William Colopoulos and Patricia Arnst to the Park Commission as well as the appointment of Christine Lizee and Roger D. Champa to the Planning Commission. Stover moved, McCarty seconded approving RESOLUTION NO. 97-02, "A Resolution Making Appointments to Various Commissions to Begin in 1997." Motion passed 5/0. . 4. CONSENT AGENDA Mayor Dahlberg read the Consent Agenda for January 13, 1997. McCarty moved, Stover seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A . A Motion Establishing the 1997 Local Board of Review Date as Wednesday, April 2, 1997 B. A Motion to Authorize Execution of an Extension of Recording Secretarial Service Agreement . C. A Motion Adopting RESOLUTION NO. 97-03, "A Resolution Approving Tree Trimmers' Licenses" D. A Motion Adopting RESOLUTION NO. 97-04, "A Resolution Approving a Variance to Temporarily Allow Two Houses on One Lot for Stan Taube, 27280 Edgewood Road and 5315 Howard's Point Road" E. A Resolution Authorizing Execution of a Corporate Authorization Resolution F . A Motion to Approve Contract for Legal Services for 1997 with Kennedy & Graven Motion passed 5/0. 5. MATTERS FROM THE FLOOR . . CITY COUNCIL REGULAR MEETING MINUTES JANUARY 13, 1997 - PAGE 3 Tim Keane, Larkin, Hoffman, Daly & Lindgren, appeared to address the Council. Mr. Keane explained he has been the City Attorney for Shorewood since 1991. He thanked the Council for the opportunity he was given to serve the community and stated he has enjoyed his service. He commented the City will be well served by City Attorney John B. Dean. Kirk Rosenberger, 20960 Ivy Lane, congratulated the Council on their election. He stated he had raised questions during the campaign which have not been answered to date. Mr. Rosenberger asked what variance was specifically given to the developer at Watten Ponds. Mayor Dahlberg stated that because this project was a P.U.D., the arrangement was flexible. He noted there had been controversy as to whether the Comprehensive Plan was dominant in that situation versus the zoning laws. Mr. Rosenberger pointed out there had been no variance given. Mr. Rosenberger also inquired where high density is being promoted in Shorewood. Councilmember O'Neill stated high density is a subjective term and a number of people felt that the number of P.U.D.'s and the number of projects which were built were high density. Mr. Rosenberger inquired as to any conflict of interest between Mr. Watten and anyone in the community. Attorney Dean explained that Matters from the Floor is a time for members of the public to state matters to the Council which would ordinarily result in a follow up at a later date. Mayor Dahlberg commented that Mr. Rosenberger was discussing political issues which arose during the campaign. Mr. Rosenberger requested a written response for the questions he raised and went on to inquiry as to any special considerations which are given to developers in Shorewood. He explained developers were subject to strict conservation easements, tree preservation requirements more stringent than those which apply to current Shorewood residents, wetland setbacks more stringent than the Minnehaha Creek Watershed District, and assessments for water which are twice the amount the current Shorewood residents are assessed. Mr. Rosenberger noted during the course of the campaign there was considerable talk relative to litigation in which the City is currently involved. He asked if Mr. and Mrs. Johnson and Mr. and Mrs. Bache made fmancial contributions to the preservation team. Mayor Dahlberg stated financial contributions by the Johnsons and the Baches were refused. Mr. Rosenberger felt since they were listed as a part of the campaign committee, there is a perception of a clear conflict of interest. He felt Mayor Dahlberg should excuse himself from any discussion relative those matters of litigation. 6. PLANNING - Report by Representative Commissioner Turgeon congratulated the Council on their first meeting and wished them the best. She reported on the matters considered and actions taken at the January 7, 1997, meeting of the Planning Commission (as detailed in the minutes of that meeting). A Motion to Adopt a Resolution Denying an Appeal Interpretation of City Code Related to Non-conforming Docks Applicant: James Cabalka Location: 58XX Christmas Lake Road Councilmember O'Neill asked the applicant for input relative to postponing consideration of this matter. Mark Kelly, Attorney for the Cabalkas, asked this matter be considered in March or some later date since the Cabalkas will be out of town, however, he would like it brought to a conclusion. Mayor Dahlberg commented he would like to have the opportunity to discuss this matter in a work session prior to making a decision. CITY COUNCIL REGULAR MEETING MINUTES JANUARY 13, 1997 - PAGE 4 Councilmember McCarty asked Attorney Dean if there is a conflict of interest in the event a Councilmember had had contact with the Cabalkas and their attorney prior to being sworn in and if it would be appropriate for that Councilmember to excuse himself. City Attorney Dean did not feel there was a conflict which would disqualify that individual from consideration of this matter. Mayor Dahlberg acknowledged that prior to being sworn in he had contact with Mr. Cabalka relative to this matter as did Councilmember O'Neill. Councilmember McCarty inquired if the Councilmember should excuse himself in the event he had made up his mind relative to this matter beforehand and had possibly given advice to the Cabalkas' attorney. Attorney Dean did not feel there was a conflict of interest given the circumstances. Mayor Dahlberg commented if a reasonable basis for excusing himself from consideration of this issue were to arise, he would certainly do so. Councilmember Garfunkel felt there were pictures the prior Council had reviewed which he would like to view prior to making a decision on this matter. McCarty moved, Garfunkel seconded to defer action relative to the request of James Cabalka, 58XX Christmas Lake Road and directing staff to establish a work session in March or April. Mayor Dahlberg moved to amend the motion to establish a work session in March. The motion failed due to the lack of a second. . Motion passed 5/0. 7. CHAPTER 308 - TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES A. Administrator's Report on this Chapter of the Municipal Code City Attorney Dean explained this matter in detail. B . A Motion Regarding Amendment of Chapter 308, Subd. 11 License Limitations . Mayor Dahlberg asked for public comment at 8: 17 p.m. Hearing no public comment, Mayor Dahlberg closed the public comment at 8: 17 p.m. Stover moved, McCarty seconded approving the amendment to Chapter 308, Subd. 11 License Limitations reflecting the allowable hours to go door to door be from 9:00 a.m. to 9:00 p.m. Motion passed 5/0. 8. CONSIDERA TION OF A MOTION REGARDING A RIGHT -OF - WAY PERMIT Applicant: Steve Codden Location: 20840 Forest Drive Mayor Dahlberg asked if the sewer system is fully extended. Planning Director Nielsen explained it extends just a few feet beyond the paved surface of the road. CITY COUNCIL REGULAR MEETING MINUTES JANUARY 13, 1997 - PAGE 5 Councilmember Garfunkel inquired if Mr. Codden would be connecting to the public sewer system. Nielsen stated he will still be putting in a private sewer now, however, if the surrounding property develops a lateral pipe, it would need to be installed down Forest Drive. Mr. Codden's property will be connected to the public sewer system, however, the service would be the responsibility of Mr. Codden with respect to maintenance. Councilmember O'Neill questioned the added expense to the city in removing the pipe connections if the road is extended at some point. Nielsen stated he did not foresee this. Stover moved, O'Neill seconded approving a right-of-way permit for Steve Codden, 20840 Forest Drive, subject to staff recommendations. Motion passed 5/0. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND LEASE AGREEMENT FOR SPRINT SPECTRUM Applicant: Sprint Spectrum L.P. Location: 5500 Old Market Road . Councilmember O'Neill inquired as to the size of the antennas to be mounted on the water tower. Chris Traiser of Sprint Spectrum explained the antennas are 2"x4"x6'. Mayor Dahlberg asked how much revenue the City will generate per annum on this lease agreement. Engineer Brown stated it would be approximately $12,000. City Administrator Hurm pointed out that the Council is also considering the approval of a Conditional Use Permit which is consistent with the goal discussed at the Planning Commission level relative to complying with federal law which requires the City to allow these types of antennas. The Planning Commission recommended the use of the existing water towers as opposed to erecting communication towers. . Councilmember O'Neill questioned if the removal of the antennas would result in any damage to the water tower. Brown stated this is provided for in the lease agreement. Councilmember Garfunkel asked if an escrow would be required to assure the tower will be returned to good condition. Brown stated this would not be required. Mayor Dahlberg inquired if the federal requirement would result in additional antennas being placed on the water tower. Nielsen explained federal law prohibits a local government from precluding these facilities, although at this time there are a limited number of licenses. He further explained possibly three to four carriers could be accommodated on each of the water towers. Councilmember Garfunkel asked what would be stored on the steel grating and if there would be any concern relative to high voltage in light of the barbed wire and the chain link fence surrounding this area. Nielsen stated the platform will contain cabinets and that the fencing would be for purposes of vandalism. Councilmember O'Neill inquired if there would be a possibility for children to be injured. Brown pointed out there is a provision in the lease agreement which provides insurance coverage. Brown stated there has been a facility in this area for a number of years and there have been no reported incidents. Mayor Dahlberg asked Mr. Traiser to respond to questions relative to voltage and safety hazards. Mr. Traiser stated he would be comfortable with removing the barbed wire from the fence. Nielsen explained the Planning Commission and the Council had reviewed the fencing ordinance within the last year and addressed barbed wire fencing. The ordinance does provide for security fencing in a commercial development in instances similar to this. CITY COUNCIL REGULAR MEETING MINUTES JANUARY 13, 1997 - PAGE 6 Councilmember Garfunkel questioned if this equipment would impede any maintenance the City needs to perform on the water tower. Brown did not feel it was intrusive to the point of creating any major problems. In addition, he asked if damage to the equipment as the result of power washing would be the responsibility of the City. Brown noted the City would not be liable. Councilmember O'Neill stated he is not in favor of the six foot fence with barbed wire. Mayor Dahlberg asked Mr. Traiser if Sprint would be in agreement with excluding the use of barbed wire. Mr. Traiser stated Sprint has utilized an 8-foot fence without barbed wire in the past. Councilmember O'Neill suggested an 8-foot fence with barbed wire. Brown noted the facility is located on a hill and the elevation will allow the barbed wire to be visible. At some point, the trees will grow tall enough to obscure this. Mr. Traiser commented Sprint would prefer to have the barbed wire, however, he did not feel it would be an issue. Mayor Dahlberg questioned if the City would be liable for any injuries incurred. Attorney Dean stated there may be liability on the part of the City, however, Sprint has agreed to indemnify the City from this liability. Councilmember McCarty expressed concern children will climb the fence regardless of the height and barbed wire would preclude this. It was the consensus of the Council to utilize an 8-foot fence with barbed wire at the top. McCarty moved, O'Neill seconded adopting RESOLUTION NO. 97 -05, "A Resolution Approving a Conditional Use Permit and Lease Agreement for Sprint Spectrum, L.P., 5500 Old Market Road subject to the understanding City Staff and the Applicant will modify the plans and specifications to show an 8-foot fence with barbed wire on the top of the fence. Motion passed 5/0. . 10. ADMINISTRATOR & STAFF REPORTS A. Administrator's Report on Classes Available Administrator Hurm noted the Hennepin County Sheriffs Office will be offering specialized law enforcement training and invites residents of Shorewood and City officials to participate. B. Administrator's Report on the Dissolving of the Joint Powers Agreement with Suburban Alliance Administrator Hurm pointed out the fmal payment has been made to the Suburban Alliance and the City will now be out of the Suburban Alliance. There is a possibility that Shorewood could receive some money back. . C. Report on Upcoming City Council Work Sessions Councilmembers will provide Administrator Hurm with dates they are available for work sessions. 11. MAYOR & CITY COUNCIL REPORTS Councilmembers Garfunkel and Stover met as the Liquor Committee to consider a proposed lease for Store #1. There are points which are being renegotiated. They noted a business plan to be a priority for all the stores. Financials from last year will need to be reviewed. Councilmember Stover commented that a recommended negotiated contract will be brought back to the Council for consideration. CITY COUNCIL REGULAR MEETING MINUTES JANUARY 13, 1997 - PAGE 7 Councilmember McCarty inquired with respect to the water tower. Brown stated it was filled as of last Friday. The controls for filling and emptying of the tower are being installed. At this point it is being operated manually. He reminded the residents that City crews do clean the hydrants and asked for the residents' help in keeping the hydrants clear and visible. In addition, if anyone is experiencing low pressure, they should contact City Hall and staff will make adjustments. Mayor Dahlberg asked if any problems have occurred in the Boulder Bridge area relative to the pressure reducing valves. Brown stated pressure reducing valves have been installed in the critical areas. 12. ADJOURNMENT Mayor Dahlberg questioned the checks to liquor store distributors. Finance Director Rolek stated the expenditures were somewhat higher because of the holiday season. Mayor Dahlberg also asked for clarification on the payment to Computer City for a zip drive. Nielsen pointed out this expense includes both a zip drive and ram. Rolek encouraged the Council to feel free to contact him relative to any questions they may have concerning the claims. Garfunkel moved, Stover seconded to adjourn the meeting at 9:09 p.m. subject to the approval of claims. Motion passed 5/0. . RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: TOM DAHLBERG, MAYOR . JAMES C. HURM, CITY ADMINISTRATOR DRAFT XNDEPENDENT CONTRACTOR AGREEMENT THIS INDEPENDENT CONTRACTOR AGREEMENT, made this 27th day of December, 1996, by and between THE CITY OF SHOREWOOD, a Minnesota municipal City, (the City) and Rebecca Tarvin (the Contractor) . INTRODUCTION: WHEREAS, the City is a Minnesota-municipal City engaged in the business of providing municipal services; and . WHEREAS, the City desires to retain the Contractor to provide Rink Attendant and Warming House Supervision Services and both parties desire to enter into an agreement for such services upon the terms and conditions contained herein (the Agreement) . NOW, THEREFORE, ~n consideration of the mutual promises contained herein, IT IS HEREBY AGREED: . 1.) Term - The term of this Agreement shall commence on the date hereof and shall continue for the 1996-1997 ice skating season commencing on December 15, 1996 and ending approximately March 1, 1997 unless terminated earlier as provided herein by Section 6. 2.) Extent of Services The Contractor is free to devote time, attention and energy to other businesses in which the Contractor may be engaged. The Contractor is not in any way granted an exclusive right to undertake rink attendant and warming house supervision services for the City. (a) The Contractor ~s responsible for the supervision of all rink attendants from 5:00 PM until 9:00 PM (Mondays- Thursdays), 5:00 PM until 10:30 PM (Fridays), 9:00 AM-I0:30PM (Saturdays), and 12 Noon until 9:00 PM (Sundays). (b) The Contractor will monitor warming houses, checking for cleanliness, needed repairs/equipment. 1f~~ (c) The Contractor will monitor rink attendants, performing "spot checks" to make sure attendant is present and doing their job properly. (d) The Contractor will oversee work schedules and be prepared to find replacement or to assume rink attendant duties in an emergency. (e) The Contractor will track ice conditions through the Public Works Department and radio/television weather reports and inform rink attendants if rink should be posted "Closed". (f) The Contractor will keep City Staff informed of incidents and accidents. (g) The Contractor will coordinate work with the Parks Secretary and Executive Secretary/Deputy Clerk. (h) The Contractor is responsible for all costs associated ~ with providing this service other than those specifically provided for in this Agreement. (i) The Contractor shall prepare a daily Shift Report indicating the time at which contacts were made at each of the three rinks, and any other relevant information. These shift reports will be given to the Parks Secretary on a weekly basis. 3.) Requirements (a) The Contractor shall be able to: Lift 25# above shoulder; push, pull, and carry snowblower, shovel, hockey nets or vacuum cleaner; and bend, stoop, reach. ~ (b) Contractor shall have the ability to handle people tactfully and effectively. (c) The Contractor shall be able to handle an emergency situation. (d) The Contractor will be able to accurately maintain records. (e) The Contractor shall be at least 19 years of age. 4.) Remuneration - Subject to the provisions of Section 6, said City agrees to pay the Contractor $100.00 per week in accordance with the City's general payment practice for consulting work. The Contractor will be responsible for billing the City after the completion of each week. . . ~ 5.) Tools and Transportation - The Contractor is responsible for, and will provide, all necessary tools and transportation in connection with the performance of any work for the City. 6.) Performance - The Contractor agrees to perform all work in a professional manner. 7.) Termination - In addition to expiration of the term specified in Section 1, either party may unilaterally terminate this Agreement for any reason. Such termination shall be effective upon receipt of written notice by the non-terminating party. 8.) Contractor's Obliaations Upon Termination - Upon termination of this Agreement for any reason, the Contractor shall immediately return to the City all property and records of the City in his/her possession and discontinue further representation of himself/herself as an independent contractor of the City 9.) Nature of Relationship - The Contractor shall conduct his/her business as an independent contractor, and not as an employee of the City, for all purposes including, but not limited to, federal tax, FICA, Social Security withholding and unemploYment insurance purposes. Neither the City nor the Contractor shall be responsible by any agreement, representation, or warranty made by the other, nor shall the City be obligated for damages to any person or organization for personal , injuries or property damage arising directly or indirectly out of the conduct of the Contractor's business or caused by the Contractor's actions, failure to act, conduct, or negligence. The Contractor agrees to indemnify and hold the City harmless for any act, failure to act, conduct, or negligence pursuant to this Agreement. As an independent contractor, the Contractor shall be responsible for the paYment of all income or other taxes incurred as a result of remuneration paid to the Contractor. The Contractor shall also be solely responsible for providing workers compensation insurance. Finally, as an independent contractor, the Contractor shall not receive any of the fringe benefits or participate in any of ~ the plans, arrangements or distributions that the City provides to its employees. 10.) Worker's Comoensation Insurance - Worker's Compensation Insurance will be provided by the City. 11.) Indemnitv - The Contractor agrees to indemnify and hold the City harmless from and against any and all claims by or on behalf of any person arising from the Contractor's actions, failure to act, conduct, or negligence while performing services pursuant to this Agreement. The Contractor shall indemnify costs and expenses incurred in connection with any such claim, or in connection with any action or proceeding brought thereon, including attorneys' fees and expenses. Upon notice by the City, the Contractor shall defend the ~ City in any such action or proceeding. 12.) Entire Aareement - This Agreement contains the entire agreement between the parties and no amendment hereto shall be valid unless made in writing and signed by the parties. There is merged herewith all prior and collateral representations, promises, and conditions concerning the Contractor and the City. This Agreement supersedes and nullifies any preexisting agreemen~s between the parties relating to the subject matter of this Agreement. 13.) Severable - In the event any portion of this Agreement shall ~ be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. 14.) Bindina Effect - This Agreement shall be binding upon and inure to the benefit of all the parties hereto, their heirs, executors, administrators, permitted assigns and successors in interest. 15.) Notices - Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and sent by registered or certified mail to the Contractor's residence or to the principal office of the City, whichever shall be applicable. . . " IN WITNESS WHEREOF I the parties have executed this Agreement on the day and year first above written. THE CITY: THE CONTRACTOR: By: James C. Hurm City Administrator Rebecca Tarvin .~ . . To: James C. Hurm, City Administrator .... . ) Teri Naab, Executive Secretary/Deputy Clerk1 if From: Date: January 23, 1997 Re: Six Month Review Pamela has done an commendable job as receptionist during her first six months with the City. Her skills in handling the public, both walk-ins and phone calls, are very good. She is able to respond to all types of requests with both tact and professionalism. We have begun to focus on Pamela doing more of the coordinating of the communication tools. She is totally responsible at this point for the voice mail system, bulletin board and the community profile. Upon completion of HTML classes, she has begun the challenge of converting documents for the internet. We will continue to expand in this area with both in-house training and perhaps additional classes. Pamela is very punctual and always ready to work during regular business hours. She has even volunteered to work additional hours when necessary. This position does not really provide very much clerical support for staff. However, from what has been produced by her, Pamela seems to be competent in both office skills and knowledge. We are fortunate to have her in this position because of the positive image she presents to the public. Based upon this favorable review of the work performed by Pamela during her probationary period with the City, I would recommend that Pamela be granted permanent appointment as Receptionist/Secretary. This appointment and review should also include a salary increase to Step 2 or $11.11 per hour effective January 22, 1997. cc: Pamela Turnquist, Secretary/Receptionist ;t3B tj .., ,'" . ME1\IIORANDUM TO: FROM: DATE: RE: FILE NO. MAYOR Tom Dahlberg COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel CITY OF SHOREWOOD 5755 COUNTRY CLUB,ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 FAX (612) 474-0128. www.state.net/shorewood.cilyhaU@shorewood.state.net Mayor and City Council Brad Nielsen 24 January 1997 Sign Permit - H & R Block rvv aterford Shopping Center) 405 (Sign Permits) DeMars Signs, on behalf of H & R Block, has requested a sign permit for the Waterford Shopping Center (see Exhibit A). The sign consists of individual, internally lit letters as shown on Exhibit A, attached. Consistent with the previously approved overall signage plan for the center, the sign will be located within the designated signage band across the front of the building. The plan is consistent with previous approvals and it is recommended that the permit be granted. If you have any questions relative to this matter, please do not hesitate to contact my office. cc: Jim Hurm Larry Maciej . A Residential Community on Lake Minnetonka's South Shore II-:z .J(,~ 'I t .... i " .~~: \ 1.1 , , .; .', ~ ;r: - ' e& '!!!!I \ .J--. ~~- ~ . JlLa2<EM IlLltt.?A... .-.5J1DLi'gJ'!P" 1Jr-/v1v. . C) \~" /)"// /tA' /~ L- '. ......- . " I 1-' I' PosH!" Fax Nole 7671 l~ KEN' IIt'JF Co~~JI'Gii'!r~/,y' ~w. F'hore' 3. 'K -..:lK.:1 r fll~1/ 318' -S:1K8' /7 /~ / I ... , (/4f.e/ / J) {) /l!"1 1'-7 /...'- . I ,/ & r------------.--.---:.-- "I'f) " /.,. , 't" c." ')/1 ' ,. I/. , ..2l0tfE F tfti.tYL.._.._t,s. .. <P.{u_.cl_11l1PK.._____._. ._..~.__ _5LG:AI._TI2...01Z..._/ {(.'t2:""WI o.E _._..___.__._ /.:-; #:- r · I ,. ;t/ r;! /) u h:; kn..."""';'...I \'t, .Yo _...~, _'. .\-:....IMf'..<fn ~EL<?&'___BY._ ()TILe:..e5-_. .5L(;:/.I. .L.c.rz:e/(._1-:/k~_.liJ_B.!f1E/2__PtEX..t- _)}GN. .LET1"E&.. R#J1I~u.s_m._~';' ...:i :.,l)~~ffe_.__~ .#/l' p __el?-Lk'7.e..o .131:-.~~. ~/rH_,_G~a_-;;;bYJ... -LJe /l't? t( 5, St..GIIt...s ._.._.. __.....7L4:::SS~:;,.___._ ---..-.--., ....- . '-'-'--_'_"__ _ _2L~--:'2-!L.qtL..E/t!!_ hLf ,(Jtg/lCl.g~_.__?~l___'__'_____h__"~_ 120" rCW=l\lIi '?l Z;::"'''"'''''"' ISn c.,.,q /" l- )1/" .1- t . .. u~ '!tor) "at\._ CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION TERMINATING THE WEST HENNEPIN HUMAN SERVICES PLANNING BOARD (SUBURBAN ALLIANCE) WHEREAS, several cities in western Hennepin County entered into a joint powers agreement dated July 5, 1973 ("the Agreement") to create the West Hennepin Human Services Planning Board ("the Board"), also known as "Suburban Alliance; and . WHEREAS, in subsequent years, additional cities in western Hennepin County also chose to participate in the Agreement; and WHEREAS, at the present time, the cities participating in the Agreement are the cities of Deephaven, Excelsior, Hopkins, Independence, Long Lake, Loretto, Maple Plain, Medicine Lake, Medina, Minnetonka, Minnetrista, Mound, Orono, Plymouth, S1. Bonifacius, Shorewood, S1. Louis Park, Spring Park, Tonka Bay, Wayzata and Woodland ("the Participating Cities"); and WHEREAS, the Board has operated since 1973 to provide human services planning and coordinating for the western portion of Hennepin County; and WHEREAS, although the Board has provided valuable service in this area, these human service needs can now be better addressed through other means, and the Board should be dissolved; and . WHEREAS, representatives from the cities of Hopkins, Minnetonka, Plymouth, and S1. Louis Park have formed a "Coordinating Committee" to oversee the Board's dissolution; and WHEREAS, the City of Shorewood gave notice of intent to withdraw from the Suburban Alliance in January, 1997 by passage of Resolution 96-67 dated July 22, 1996; and WHEREAS, the City of Shorewood has submitted a final close-out payment of $3,766.99 as requested. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. The City Council of the City of Shorewood, Minnesota, joins with the other Participating Cities to terminate the Agreement and the existence of the Board. This termination will become effective when all Participating Cities have filed a resolution to the same effect with the City Manager of St. Louis Park. 2. After the termination becomes effective, the City of St. Louis Park, Minnesota, may act for all of the Participating Cities to take any necessary actions to effectuate the Board's termination, including a final accounting, collection and payment of outstanding obligations, and distribution of funds. This delegation of authority is subject to the following conditions: the city of S1. Louis Park must consult with other members of the Coordinating Committee before undertaking tasks which are more than ministerial. The City of S1. Louis Park and the Coordinating Committee may not pay expenses or incur obligations for the Board and the Participating Cities beyond the amount of $110,000, as outlined in the letter from the Coordinating Committee dated December 23, 1996, unless additional expenses or obligations are approved by the Participating Cities. ~~y Resolution No. 97- Page 2 of 2 3 . In return for the services of the Coordinating Committee which are provided at no cost to the other Participating Cities, the City of Shorewood, Minnesota, hereby waives any claims against the cities and individuals participating in the Coordinating Committee for any alleged negligence, gross negligence, misfeasance, or malfeasance in effectuating the dissolution f the Board. In no event, however, will the City of Shorewood be liable for any expenses beyond those outlined in the Committee's December 23, 1996 letter without the City's approval. 4. If the Board is not terminated by consent of all Participating Cities, then this resolution in conjunction with Resolution 96-67 serves to terminate the City of Shorewood's participation in the Board effective January 31, 1997. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of January 1997. . Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk . CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION MAKING POSITION APPOINTMENTS TO THE PLANNING COMMISSION AND PROVIDING BACKUP FOR THE POLICE COORDINATING COMMITTEE WHEREAS, the Shorewood Planning Commission has discussed the vacant positions of Chair and Vice Chair for the year 1997: and WHEREAS, the Planning Commission members have made a recommendation to the City Council on appointments to these positions; and . WHEREAS, the City Council wishes to provide a backup to the Mayor as a member of the South Lake Minnetonka Public Safety Department (SLMPSD) Coordinating Committee as the City's representative in the Mayor's absence. NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Shorewood hereby makes the following position appointments for the year 1997: Planning Commission: Chairperson Jim Pisula Vice Chairperson Laura Turgeon BE IT FURTHER RESOLVED that the backup to the Mayor on the SLMPSD Coordinating Committee is Councilmember Jerry O'Neill. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of January 1997. . Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk *G CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDA Y, JANUARY 7, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7: 14 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust, Kolstad, Lizee, Pisula, and Turgeon; Council Liaison O'Neill (left at 7:35 p.m.) and Planning Director Nielsen. Absent: Commissioner Rosenberger APPROV AL OF MINUTES . Turgeon moved, Foust seconded approving the December 17, 1996, Planning Commission Meeting Minutes as submitted. Motion passed 6/0. 1. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200 SQ.FT. Applicant: Mitchell Jones Location: 24245 Wood Drive Planning Director Nielsen explained there is construction underway on the site, however, Mr. Jones did sign an escrow agreement and provide an escrow guaranteeing that in the event the C.D.P. were not granted, he would remove the utility shed so as not to exceed the allowable accessory space. . Mr. Jones was present and noted his agreement with Nielsen's recitation of his request. Chair Borkon opened the public hearing at 7:24 p.m. Hearing no public testimony, the public hearing was closed at 7:24 p.m. Commissioner Kolstad asked if the tree in the front of the yard would be impacted by the driveway. Nielsen stated the intent would be to save that tree. In addition she inquired if the buffer trees between the two properties would be affected. Mr. Jones stated he has no intention of removing those trees. Commissioner Lizee questioned the storage of various items under one of the trees on the property. She asked if this would have an impact on the tree during the growing season. Nielsen felt this being the dormant season there would not be any harm to the tree, however, these items should be removed prior to the spring thaw. Commissioner Turgeon asked Nielsen provide the applicant with a copy of the guidelines which were compiled relative to the protection of trees during construction so as not to interfere with the critical work area. She also shared the concerns of Commissioner Lizee. r PLANNING COMMISSION MEETING MINUTES JANUARY 7, 1997 - PAGE 2 Chair Borkon questioned the beginning of construction prior to the C.U.P. being obtained. Nielsen stated this has been allowed on a number of occasions where there is a way to comply with the code if for some reason the C.U.P. is denied. In this particular case, there is a financial guarantee as well as the removal of the shed which would then bring the property into compliance with the accessory space requirements. Chair Borkon expressed concern with construction occurring prior to the granting of a C.U.P. In addition, she asked if information relative to tree preservation would be supplied to an applicant beginning an early construction and if the applicant would then be expected to be in compliance. Nielsen explained a building permit application packet is being compiled which will contain the tree preservation guidelines. This packet will be given to the applicant at the time the building permit is issued. Turgeon moved, Pisula seconded approving a C.U.P. for accessory space over 1200 square feet subject to staff recommendations and subject to the removal of the items stored under the tree prior to the spring thaw. Motion passed 6/0. Chair Borkon explained this matter will be presented to the City Council for their consideration on . Monday, January 27, 1997, at 7:30 p.m. 2. PUBLIC HEARING - AMENDMENT TO THE WATERFORD P.U.D. DEVELOPMENT AGREEMENT TO ALLOW ON-SITE ALCOHOL BEVERAGE (Continued from December 3, 1996) Applicant: Vladimir Velikson Location: . 19905 State Highway 7 (Waterford Shopping Center) Mr. Velikson was present at the meeting. Chair Borkon opened the public hearing at 7:38 p.m. Virg Smeltzer, 19600 Waterford Court, appeared and spoke in favor of Mr. Velikson's request. Hearing no further public testimony, Chair Borkon closed the public hearing at 7:39 p.m. Commissioner Foust asked Planning Director Nielsen to address the questions submitted by Eloise Rust, 19702 Waterford Court. Nielsen explained the restaurant will be located in the existing . bWlding for which there is adequate parking on the site. He noted the project was designed with a shopping center and a family restaurant was specifically approved as a part of that. In addition, Nielsen was unsure if the proposed establishment would result in an increased level of traffic on the service road. Commissioner Foust asked if any input had been received from the homeowners associations which had been notified of this public hearing. Nielsen stated he had not received any input, however some telephone calls were received. The telephone callers were advised their comments should be submitted in writing. Commissioner Foust inquired if any of the responses received had arrived by E-mail. Nielsen explained the E-mail address had not been included in the notice, however, it will be included in the future so E-mail may be utilized. Chair Borkon asked if there is an indication as to what commitment was made with respect to liquor at this center. Nielsen explained that liquor was included as a protective covenant which continues on with the property until the beneficiary of that covenant agrees to change it. PLANNING COMMISSION MEETING MINUTES JANUARY 7, 1997 - PAGE 3 Jeff Shoenewetter, an owner of the Waterford Center, appeared and stated the intent of the previous owner of the site in working with the city in establishing the covenant was addressing a concern relative to a night club type of large scale restaurantlbar type establishment. He felt the City Council would approve of a family type restaurant without a bar which would serve alcohol with a meal. Commissioner Kolstad stated she was in favor of the request, but pointed out a valid concern to be if a change is being considered to the covenant at this time, it could be changed in the future to an even greater extent. Chair Borkon expressed concern with respect to changing a covenant which was the result of strong public concern which had been raised in the past. She expressed appreciation for the written input which several residents submitted for the Commission's consideration. . Chair Borkon did not feel statistics had been provided to indicate that there is a dire need to change the amendment. In addition, she had requested trip generation information relative to the shopping center. Mr. Shoenewetter noted the Waterford Shopping Center to be 60 percent vacant. He pointed out the hair salon and floral shop have closed and there are two spaces which have never been leased. Trip generation information would not be available unless someone were hired to manually perform this task. Commissioner Kolstad asked what conditions could be put on the liquor license which would allow for it to be revoked in the event there were problems such as noise or excessive traffic. Nielsen stated the covenant would need to be amended with those conditions included. To revoke a license, there would need to be violations of the conditions included in the covenant. Commissioner Pisula suggested conditions of no free standing bar and hours of operation would be issues to be considered in approving a liquor license. . Chair Borkon asked for Commission input on limiting the license to beer and wine. Commissioner Foust felt beer and wine are alcoholic beverages and stated he did not differentiate them from other alcoholic beverages. Chair Borkon expressed her discomfort at amending the covenant due to the public outcry relative to this issue in the past. Commissioner Pisula noted the response to the public hearing notice had been approximately 5 percent which is a higher percentage than what is typically received. He stated the documents which the Commission works with are subject to change with public input and changing traditions. Commissioner Pisula felt it would be to the benefit of the entire city that the shopping center development be a healthy one. He stated he would support the request. There need to be provisions relative to no free standing bar and alcohol not being served without food. Chair Borkon felt there should be restrictions relative to what type of liquor is available at the restaurant. Mr. Velikson stated he had always envisioned a full liquor license. He had not intended to have a bar and had proposed liquor be served only with a meal. Commissioner Turgeon felt the beer and wine license would be a nice compromise. Commissioner Kolstad felt the issue of amplified sound would need to be addressed. In addition, she felt conditions prohibiting televisions in the restaurant as well as advertising relative to liquor should be included. PLANNING COMMISSION MEETING MINUTES JANUARY 7, 1997 - PAGE 4 Commissioner Foust stated he likes the concept and felt it to be intriguing from a marketing standpoint. Chair Borkon inquired as to what the applicant would need to do if the establishment does well and at some point in the future there is a desire to make liquor available. Nielsen stated this would require an amendment to the covenant. Commissioner Lizee pointed out there had not been any inquiries from the community relative to a beer and wine license versus a liquor license. The inquiries had been relative to the hours of operation. She stated she would be in agreement with a full liquor license noting the market is there and many restaurants need a liquor license to be viable. Commissioner Kolstad did not feel this would violate the intent behind the original prohibition of a liquor license. Kolstad moved, Foust seconded approving the amendment as proposed by Vladimir Velikson to the Protective Covenants of the Waterford P.D.D. Development Agreement to allow on-site alcohol beverage subject to the hours of operation as currently set out, no amplified sound to be audible within 50 feet of . the restaurant, no televisions, no advertising of liquor, no free standing bar, alcohol served with meals only, no video or pinball machines and this may be a full liquor license. Commissioner Turgeon asked Mr. Velikson if the restrictions were acceptable. Mr. Velikson did not have a problem with the restrictions, however, he stated the hours of operation had not yet been discussed. Mr. Velikson stated the amplified sound would be positioned to face the highway. Commissioner Foust pointed out the Council has discretion to grant a beer and wine license as opposed to a full liquor license. Chair Borkon asked the applicant if a beer and wine license would be viable and he stated it would not. Motion passed 511. (Chair Borkon was the dissenting vote.) Chair Borkon explained she did not believe this request to be in accordance with the covenants which were originally agreed upon with the residents. She noted this matter will come before the City Council on January 27, 1997, at 7:30 p.m. for their consideration. . Commissioner Kolstad suggested the Planning Commission's decision and the rationale behind it be sent to the residents. Commissioner Pisula liked the concept, but felt this would make it possible for decisions never to be made and never to be final. Chair Borkon felt direction should be requested from the Council relative to this issue. She was in favor of this suggestion, however, noted this would set a precedence which would need to be followed in the future. Commissioners Pi sui a and Foust felt it would be a courtesy to respond to letters which are received from concerned residents as well as the residents who appeared at the meeting to offer public testimony. Chair Borkon suggested this mailing be a one time communication in light of the special mailing which was made to an extended area of residents relative to this issue. This will be given as an example to Staff and City Council with a request for further direction in this regard. PLANNING COMMISSION MEETING MINUTES JANUARY 7, 1997 . PAGE 5 Commissioner Lizee felt some other avenues should be considered such as an article in the Sun Sailor, a posting at the front door of City Hall or the library. She felt on this occasion a letter could be sent out to people who attended the public hearings and submitted written opinions. She did not want this to become a precedence. Commissioner Foust was in agreement this should be done on a one time basis. He felt it could also be added to the web site. Commissioner Turgeon raised the issue of over communication in which residents are informed of every issue which arises and the important issues are missed due to the abundance of notices which the residents would receive. The consensus of the Commission was to direct staff to prepare a letter to be sent out to the residents who attended the public hearing in addition to the residents who submitted written input. 3. MATTERS FROM THE FLOOR Roger Champa, 25500 Nelsine Drive, noted he has spoken to hundreds of residents in the community and overall, communication is the main issue which needs to be addressed. . 4. REPORTS . Commissioner Turgeon noted she made telephone contact with Lino Lakes and Minnetrista with respect to the tree preservation policy. The clause with respect to reducing density is being removed by Lino Lakes due to the potential for lawsuit. Orono does not have a tree preservation policy, however, requested a copy of the Shorewood policy since they will be considering this issue at some point this year. Minnetrista has a policy, however, there is no reference to decreasing density. The only time they have utilized the tree preservation policy was in connection with a P.D.D. Minnetrista also requested a copy of the Shorewood policy since they will be reviewing their policy this year. Commissioner Turgeon requested the Council share their three month and six months goals with the Planning Commission. Commissioner Kolstad met with the Councilmembers-elect and explained the Snowmobile Task Force Report in addition to the make up of the Task Force as well as the process the Task Force utilized in defining issues and gathering information. 5. ADJOURNMENT Turgeon moved, Lizee seconded to adjourn the meeting at 9:29 p.m. Motion passed 6/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off Site Secretarial .. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen . DATE: 26 November 1996 RE: Ve1ikson, Vladimir - Amendment to Waterford P.U.D. to Allow Onsale Liquor FILE NO.: 405 (96.27) The Waterford P.U.D. is a mixed use planned unit development which was fIrst granted concept approval in 1984. The P.U.D. consists ofthree elements: 1) single-family residential; 2) twinhomes; and 3) commercial. Since its inception the City has consistently maintained a prohibition on any kind of on-sale liquor operation. Even when a family restaurant was included in the list of allowable uses for the shopping center at . 19905 State Highway 7 in 1989, the City included a provision precluding on-sale liquor. Mr. Vladimir Velikson has now requested that this part of the Waterford P.D.D. Agreement be amended to allow him to serve alcoholic beverages in a proposed European style family restaurant. In a letter dated 6 November 1996 (Exhibit A), Russ McGinty, property manager for the center, suggests that the restaurant would serve beer and wine, but the restaurant would not have a bar area. This is the only information received to date, although it was explained to the applicant that he must submit any information supporting his request which would persuade the City to remove or relax the existing condition regarding alcohol. If you have any questions relative to this matter, please contact me prior to next Tuesday's meeting. cc: Jim Hurm Tim Keane Russ McGinty Vladimir Velikson A Residential Community on Lake Minnetonka's South Shore "P\ ~ . . i:;RIFFE\ CO\fP.~ '\lES November 6, 1996 ~~~I~U\'f~~ r~ NOV 719$ ~ :8y I Mr. Brad Neilson City of Shorewood 5755 Country Club Road Shorewood,"MN 55331 . RE: Proposed Family Restaurant for Waterford Plaza Dear Brad: I appreciate you taking the time to meet with Jeff and myself to discuss the family restaurant concept I am working with for Waterford Plaza. The proposed restaurant has no desire or plans to include a bar in their restaurant, however, they are requesting the ability to be able to serve alcoholic beverages to customers who request it. In many European communities, beer, wine and alcohol are staples with dinner. They would like to duplicate this traditional family environment and also believe that the added sales would help offset the centers rental rates. Per the requirements of the City of Shorewood I have enclosed a copy of all property owners within 500' of the shopping center. Brad, should you have any questions or comments please feel free to contact me directly at 904-7827. Respectfully, ') {d~J I Russ McGinty Vice President, Retail 612-338-2828 Fax 612-338-5288 Suite 300, 510 Marquette :\venue. Ylinneapolis. MN 35402 Exhibit A APPLICAl~T' S REQUEST LETTER Dated 6 November 1996 PETE BOYER CONSTRUCTION, INC. BUILDING CONSTRUCTION 19685 EXCELSIOR BOULEVARD EXCELSIOR, MINNESOTA 55331 (612) 474-8077 fO.r ~ (C~ i'-- il \\/) IE rr:n\. lID\LS~.c:-!! ~\U:, ,!~ "91'16 \ ' '1 "'-'I \.i j!": : ~ , ; IU !iL'I .~. v "~'I ~ I I 18y l _ -"' ._,.. November 22, 1996 Planning Commission City of Shorewood Shorewood City Hall 5755 country Club Road Shorewood, MN 55331 Dear Commissioners, We are in receipt of your notice that the Planning commission of the City of Shorewood will hold a public hearing regarding a request for approval to the Waterford PUD agreement to allow a family-style restaurant to serve on-site alcoholic beverages at the waterford Shopping center. I wish to strongly state my objection to a liquor license being approved at this point in time. The concept of a family-style restaurant at this shopping center is supposed to be just that, family-style. Liquor is served in quite enough establishments in this area without serving liquor in a family restaurant. As you mayor may not be aware, we are currently developing a small senior citizen town home development in Shorewood. We feel the presence of an additional restaurant serving liquor in this area would be to the detriment of our senior development. Thank you for considering my objections. S'iV, rgu Peter J. f/1ldent Pete Boyer Construction Company . . PETE BOYER CONSTRUCTION, INC. BUILDING CONSTRUCTION 19685 EXCELSIOR BOULEVARD EXCELSIOR, MINNESOTA 55331 (612) 474-8077 r ,_-:-:~ i'"l .~, l~ r- ;0.. ~ ({.~' ;1_, .1. ".// 1'=\ \ liO\ [f; ~:r:;: II ..VI I~ n\ \~ NO\U a 1996 ~ I \ 8y _.-,.,.~...__. November 22, 1996 Planning commission City of Shorewood Shorewood City Hall 5755 country Club Road Shorewood, MN 55331 Dear Commissioners, We are in receipt of your notice that the Planning Commission of the City of Shorewood will hold a public hearing regarding a request for approval to the waterford PUD agreement to allow a family-style restaurant to serve on-site alcoholic beverages at the Waterford Shopping center. I wish to strongly state my objection to a liquor license being approved at this point in time. The concept of a family-style restaurant at this shOpping center is supposed to be just that, family-style. liquor is served in Quite enough establishments in this area without serving liquor in a family restaurant. AS you mayor may not be aware, we are currently developing a small senior citizen townhome development in Shorewood. We feel the presence of an additional restaurant serving liquor in this area would be to the detriment of our senior development. Thank you for considering my objections. SiiY' ~ peter J. t~~ident Pete Boyer Construction Company , t . "I I ; v,;;~f~AN-7199; ~llj I '. fj ft/V S r' ......-. _I : I I ,~. ! I "l IJ.j/ _, ... I . O<F'" ~ IP- ~ I / (/./'! I j ~ -r ~ ~ SIr- i ~~~~~. ~~~i' ~ ., ~-FY; ~~~ I ft ~ (). J-~ (J ~.I i fJ~~~~'! I i ~~- /I_d '-I- -,P I 'i t<t~ ~~I L r~\,d -2P~ ~ I _.,5~ I ..... .J _....~ . @ 1994, Ma'lolein Bastin , , JJ OJ:. ~- JJm:nluu.1n ;) 19111 ~iki ~~ ~iIY ~.erh'.e, ~r. 852113 ,/-- 7"- 71 . I1A 1~~:11~; (J / :6 / b""r. 'l,d4<' t'-i v/>~.v~ IJ I tj f'~ j~ ;1/ ~ tfi ~-Zc..d" ~ htt //7*/u4 ~ Y/~'7 cL t-; .,/ .J 0-0t1-d-~~~. 4-4 ~-~~ ~t- NY ,/ ~#~~, :7 ~ ?~je 6-- i!-.-; /:dU;l r ~ ~/ 7i,<vi ~ tlM 1I~""iT'IPf~"] '/ ',\I;r- II ~ ,,--' Ii \v/Jc n" / ,: ~\I! '=' ::\:: !!c~') .19-' '97-=lJ)1 U ,-C' - oJ t11 ~y , Summer Address: 19885 Waterford Court Shorewood. MN 55331 (612) 470-22n . CARL O. JACOBSON Winter Address: 19111 Wild Way Rio Verde. AZ 85263 (602) 471-7083 JAN 06'97 15:13 FR MINNEAPOLIS A&ACG 612 520 3149 TO 94740128 P.01/02 January 6)1997 PhcnB # Pnone * Shorewood Planning Commission c/o Ms. Debra Borkan, Chairperson City of Shorewood Country Club Road Shorewood,:MN 55331 Fax' - O\'d.% F8lc 1# Re: Waterford Shopping Center Proposed Liquor License Dear Commissioners: . We appreciate the Commissioners' efforts to expand notification of the request for an on- sale liquor license at Waterford Shopping Center. Your sensitivity to the issue is very thoughtful. We oppose the on-sale liquor license for several reasons. Covenants to Proted Neipborhoods As you may recall, the original shopping center's design has been modified several ti1l1eS from the original. The most recent modification was made following long and emotional appeals from local residents. The final design was adopted to include a gas/convenience store but with several covenants to protect the future interests of the neighborhoods. Among those covenants was a restricition for on-sale liquor. The City's credibility and respectability is at stake. Please enforce the promises which were made to us. . Innocuous Appearance of Family Restuarant The notifiaction regarding the on-sale request indicates the use is for afamily restuarant. It seems harmless until one considers the potential for the facility to change from a family restuarant to a -+ sports bar, to a -+ bar to a ~ hang-out There) s no good reason to incorporate an on-sale facility in the area and encourage the potential abuse which is likely to result. A bar on Highway 7 will have a much higher value to the owner than just a/amity restuarant. If the City ignores its original covenants to restrict on-sale facilities, then it will probably ignore any future promises to not allow the facility to become a "bar". Consistency for a Restrictions on On-Sale Liquor There have been many applications for on-sale liquour for the south side of Highway 7. The City ofMinnetonka has been consistant in refusing these licenses due to the proximity ofMinnetonka High SchooL There's no good reason to place an on-sale facility close to the school. You may remember the problems the City bad with the "dry" hang-out on Vine Hill and Highway 7. This could be worse. JAN 06'97 15:13 FR MINNEAPOLIS A~ACG 612 520 3149 TO 94740128 P.02/02 We appreciate your help in continuing to protect our neighborhoods. During the November elections, the Shorewood voters expressed our desire to protect neighborhoods. Thanks for helping us acheive that objective. Respectfully submitted, B~Sf::; 19855 Chartwell Hill Shorewood,~ 55331 cc: Bradley J. Nielsen . . ** TOTAL PAGE.002 ** . Cij1 ~ ~S~?.:@- (?~<^?c Q-&~I (j ~Q . ~-~~ ~~ k#CYJ ~~ ~ -OEJ .s;: ~ ~?17 (7r>o~-jtt- ~1 ~ ~ if d1 S-~'EP?::Icr c;tV -~ \iI~ ..:T ~ S7d J(Yl AVj '\:A'C18 lId! i ; 117! Q ,., .. 30 ~l rj'l/ ~ ! ,Co, , i q, ,h. ~ . J 'J ,_, ' !.-i 'JJ ~)) .~Il~i .. ('V@ ~ 1 OCV) CfV08 ~h/le!e\ December 28, 1996 Mr. Br~dley Nielsen Planning Director City~ Shorewood 5755 Country Club Rd. Shorewood MN De~r Nr. Nielsen: . In response to the letter concerning the li~uor licence for Mr. Vekilson for a rest~ur~nt in Shorewood. I h~ve a few concerns that I would like Addressed. First; is the restuarant to be in the existing building or will a new building be erected in the area between the bank and the day care center? Is there adequLte parking area in either location for such a business? . Also, will the service road be able to handle the added traffic that the business could bring to the area? I am concerned about the children at the day c~re center with the added traffic. I hope these issues will be addressed at your meeting on January 7. I will be unable to attend the meetin~ I appreciate the effort the Planning Co~~iasion has made to keep us informed and look forward to further information. Thank You. Sincerely, ~~~ Eloise Rust 19702 Waterford Ct. Shorewood ~m 55331 Shorewood Office 19765 Highway Seven Shorewood, Minnesota 55331 Phone: (612) 474-7309 Facsimile: (612) 474-0751 * g Excelsior Office 409 Second Street Excelsior, Minnesota 55331 Phone: (612) 474-7309 Facsimile: (612) 474-3044 First State Bank 7k 5*eltg& of 0tI/I ~/PI1ity... December 31, 1996 I,~,~ ~ lG,_, ~ /1 \Y1 i~ ~\I, "~ ~I ;ii""'\ : n 1 . , I,ll J M' - G ,997 . I . By Shorewood Planning Commission c/o Brad Nielsen, Planning Director Shorewood City Offices 5755 Country Club Road Shorewood, Minnesota 55331 . RE: Vladimer Velikson Liquor License Request Waterford Shopping Center Dear Members of the Planning Commission: It is with sincere gratitude that I respond to your recent request for additional input regarding the proposed European-style restaurant. I was unable to attend the December 3rd Planning Commission meeting as I was out of town. . The bank recognizes that this entire area of development was a controversial project for developers and owners alike. Concerned residents filed many viable objections regarding traffic, noise and maintaining' the integrity of the area. Overall, I think the residence have gotten exactly what they were requesting. A neighborhood friendly commercial site that offers services that the residence need and hopefully use. The City of Shorewood needs viable family-oriented dining. An excellent example of a similar restaurant is.located in Wayzata along the strip shopping center along 394. The restaurant Grazzi Italian Cafe complements the other tenants of the Center. Grazzi's is busy in the evening and uses its parking capacity at the slower times of the other tenants. The Waterford Shopping Center is a project that needs to fmd two or three more tenants that are longer term businesses. The businesses must support the needs of the community and not create an "offensive" position with the area residence. As a business owner and resident of Shorewood I urge the Planning Commission to approve the requested license assuming that all proper background checks are favorable. ~ First State Bank of Excelsior Member FDIC 12/31/96bradn December 31, 1996 Page Two Mr. Brad Nielsen .~.~. Robert M. Weiss President & CEO RMW /blh . . CC: Planning Commission . 12/31/96bradn T January 3, 1997 James B. Hare Kathryn B. Hare 5670 Old Market Road Shorewood, MN 55331 (612) 470-9716 (h) I--~-=: ~ ~W L661 9 - Nvr ~j L~~Ii\~ . Shorewood Planning Commission c/o Brad Nielsen Shorewood City Offices 5755 Country Club Road Shorewood, MN 55331 Re: Proposed Waterford Liquor License Modification Dear Shorewood Planning Commission: With all of the past debate and concern over allowing businesses to locate within Shorewood and the Waterford commercial area, I am surprised such a proposal must even be considered. It is completely inconsistent with the strict requirements for development in our residential city. Furthermore, it represents no increase in taxes and only increases the cost to service a facility that serves liquor (police etc..). To the extent someone consumes too much liquor (something that occurs daily in the Twin city area dispite the good intentions of the proprietor) they must drive through Shorewood to leave the restaurant. . If this really is a family restaurant, it shouldn't make much of an impact anyway. I do not believe serving liquor is a requirement for a family restaurant; I cite Perkins as an example. Also, if approved, what control would the city have over the next tenant? This is a likely scenario given the poor results of restaurants along Highway 7 from Christmas Lake to 494. I urge you to reject this proposed variance. Sincer B. Hare Kathryn B. Hare 01/04/1997 12:10 6124742781 H MARKOWITZ PAGE 01 Herman & Nancy Markowitz . 19685 Waterford Court · Shorewood, MN 55331 January 4, 1996 To: Shorewood Planning Commission Fax: % Brad Nielsen 474-0128 F~om; He~m8n & Netalie Merkowitz 19685 Waterfo~d Ct. Shorewood, MN 55331 We are writing to axpress our opinion about the request of Vladimir Velikson to serve beer) wine~ and mixed drinks with maels at his proposed ~est.urant in the Waterford Shopping Center. . We have no objection to this proposal, provided the restaurant does not have a separete bar end serves alcoholic beverages only with meals. We think having en ethnic Family restaurant in the shopping canter would be very good. . KEL 695 GNS 6129384645 p.e1 \ ... Ii, ~ 'j SHOREWOOD PLANNING COMMISSION c/o BRAl> NIEl,sEN SHORBWOOD CIty OFFICES 5755 COUNTRY CLUB RD SHOREWQOD, MN. 55331 . DEAR BRAD, I RECENTLY RECEIVED A LETTER REGARDING A MEETING SCHEDULED FOR THIS EVENING. AS I AM UNABLE TO ATTEND. I WANt TO GIVE MY rwo CENTS WORTH ABOUT THE PROPOSED RESTAURANT ILIQUOR LICENSE ISSUE. SHOREWOOD HAS VERY FEW REALLY GOOD RESTAURANTS AND A SMALL FAMILY BISTRO WOULD CERTAINLY BE A BIG sTEP IN KEEPING THE NEIGHBORS IN THE AREA FOR DINNER. I AM IN FULL SUPPORT OF THIS LIQUOR LICENSE AND HOPE YOU WILL APPROVE SUCH MEASURES FOR THE GROWTH OF tHE COMMUNITY. THANK yOU FOR YOUR CONSIDERATION IN THIS MATTER. . SINCERELY, BONNl SMITH 19882 W ATERFORD CT. SHOREWOOD, MN. 55331 470~7404 .:/1' r I L. L lJ'U 1 I 5/20/91 RESOLUTIO N NO. 52-91 {'() A RESOLUTION APPROVING THE PLAT OF WATERFORD 3RD ADDITION WHEREAS, the final plat of Water!ord 3rd Addition has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFO RE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . 1. That the plat of Water!ord 3rd Addition is_ hereby approved. 2. T hat the approval is specifically conditioned upon the terms and conditions contained in the Planned Unit Development Agreement for Waterford Phase 3, attached hereto and made a part hereof. ~ .~~.. 3. That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the said Planned Unit Development Agreement on behalf of the City Council. 4. That the final plat, together with this resolution and the Planned Unit Development Agreement attached thereto, shall be filed and recorded within thirty (30) days of the date of certification of this Resolution. . BE IT FURTHER RESOLVED that the execution of the Cer...w.cate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL 28th day of May, 1991. OF THE CITY O,F SHJ~EWOO,~ this ;/ A~Ia~.~ /~-?'~ Sa-;bara -0 ~cel, Mayor ATTEST.1l /' td I 7fif,tl.fz:j L. PV{/)./h'\ James C if H urm City Administrator/Clerk f Roll Call Vote: A yes - Nays - .\J - - (5) The covenants and restrictions for the residential property shall include provisions for fences, accessory buildings, shared driveways, and ownership and maintenance of common open space and facilities. B. Commercial. The commercial portion of the Project has been approved for the following uses: convenience grocery store with gas pumps as an integrated facility, family restaurant, retail strip center, office building, bank building with drive-up facility and daycare facility. Development of the commercial portion of the project is subject to the following conditions: (1) The design of the buildings shall be consistent with the character and quality of those approved in the Development Stage of the P.U.D., as set forth in Exhibit F. . (2) All site plans must be reviewed by the Planning Commission and approved by the City Council. (3) The fuel storage tank for the gas pump facility shall be of double~wall fiberglass construction. (4) Final plans for parking lot grading and drainage shall be submitted by the Developer for approval by the City Engineer prior to construction. . (5) The covenants and restrictions for the commercial property shall include provisions for signage, exterior sales and display racks, hours'of business operation, lighting, landscaping, prohibition on the sale of liquor, and other ~ conditions placed on the property pursuant to the City's approval of the revised development stage plan on 10 September 1990. C. Intent. It is the intent of this Paragraph 1 to both limit and define the permitted uses of the property within the residential and commercial portions of the Project, and any changes in the uses of the property from that set forth above shall require the approval of all parties to this agreement. The provisions of this Paragraph I shall take precedence over and supersede any contrary provisions wnich may be contained in other paragraphs of this agreement. 2. IMPROVEMENTS INSTALLED BY DEVELOPER. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements. a. Street grading, stabilizing and bituminous surfacing; "b. Surmountable concrete curbs and gutters; c. Watermains wi thin the plat; -3- j.::.. ~ '= .'..a r- 1. ..~ 11 ,'1,'1 '" ; l::J :1 t i - ~ j :4 'd "',.,),i J Third Draft - 6/14/91 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION is made this ~1~ day of f,;P& , 1991, by Trivesco, a Minnesota general partnership ("Declarant"). RECITALS A. Declarant is the owner of real property located in the County of Hennepin, State of Minnesota, described as: Outlot A, Waterford 3rd Addition according to the recorded plat thereo f (the " Real Property"). . . B. On May 28, 1991, the City Council of the City of Shorewood, Minnesota (the "City") approved- the final plat of Waterford 3rd Addition. As a condition of such plat approval, the City Council has required Declarant to execute and record this Declaration in order to impose certain restrictions on the use of the Real Property. C. Declarant has agreed to execute and record this Declaration for the purpose of satisfying the above condition of . final plat approval. NOW, THEREFORE, in consideration of the foregoing recitals, Declarant hereby declares that all of the Real Property shall be held, transferred, leased, occupied and developed subject to the following restrictions: 1. Prior to construction of any building or structure on the Real Property, Declarant shall submit a signage plan to the City setting forth design specifications for all signs to be placed on the ~eal Property including wall, pylon and temporary signs. pylon signs constructed on the Real Property may not exceed 20 feet in height or the maximum height of the building(s) constructed on the platted lot on which the sign is located, whichever is less. The City shall retain on file a copy of the signage plan submitted by Declarant and the requirements of said plan shall be incorporated into all Lease Agreements between Declarant and tenants of the Real Property. The signage plan shall be consistent with the provisions of the Waterford Design Framework Manual dated August, 1984 and the provisions of the Shorewood Zoning Code. 2. No merchandise, sales or display racks, sales or display ~uipment or appliances, soft drink vending machines or ice machines may be ke~t or located outside of any building or structure on the Real Property. Open and. outdoor storage, sales and display are prohibited. This restriction shall not apply to gasoline pumps or similar devices for dispensing petroleum products. 3. The hours of operation of the convenience grocery store and gasoline sales facility to be constructed on the Real Property ~all be limited to between 6:00 a.m. and 12:00 midnight. 4.. The hours of operation of the family restaurant to be constructed on the Real Property shall be limited to between 7:00 a.m. and 11:00 p.m. 5. The family restaurant to be constructed on the Real Property shall not be eligible to apply to the City for any type of * liquor license. 6. All exterior lighting constructed or installed on the Real Property shall conform to the Waterford Design Framework Manual dated August, 1984. Prior to issuance of a Certificate of -2- Occupancy by the City for individual structures or buildings constructed on the Real Property, exterior lighting shall be tested for compliance with the Waterford Design Framework Manual. 7. Only one pump island of the gasoline sales facility may be illuminated after 10:00 p.m. 8. The fuel storage tank for the gasoline sales facility shall be of double-wall, fiberglass construction. 9. The restrictive covenants established by this Declaration shall apply to and bind Declarant and each and every owner of any ~part of the Real Property, and their respective successors and assigns, and shall operate as a covenant passing with the title to the Real Property and any part thereof. Said restrictive covenants are imposed upon the Real Property as a servitude in favor of the City of Shorewood for its benefit only. 10. The City has approved the Real Property for development for both commercial and multi-family residential use. It is anticipated that the commercial and multi-family residential ~ortions of the Real Property will each be developed in multiple stages. Declarant intends that only that portion of the Real Property that is finally platted and approved for commercial use, as evidenced by the filing of a final plat or replat for each stage of commercial development of the property, shall be subject to the provisions of this Declaration. Accordingly, individual platted lots comprising part of the Real Property, which lots are subsequently platted and approved for commercial use, shall become subject to the provisions of this Declaration only upon the filing of a final plat or replat for a commercial stage of the development -3- of Waterford, 3rd Addition which depicts and includes such lot or lots. Any part of the Real Property which is finally approved for residential use, as evidenced by the filing of a final plat or replat for each stage of residential development of the Real Property, shall not be subject to the provisions of this Declaration. Upon filing of a final plat or replat for each stage of residential development of Waterford, 3rd Addition, all of the real property included within such plat or replat shall automatically be released from, and shall not be further subject to ~thiS Declaration or any of the restrictions contained herein without the filing of any release or other-similar document. To the extent any of the provisions of this Paragraph 10 conflict or are inconsistent with any of the other provisions of this Declaration, the provisions of this paragraph shall control and supercede such inconsistent provisions. 11. The restrictive covenants established by this Declaration are perpetual in duration. Said restrictive covenants may, ~owever, be terminated and released at any time, in whole or in part, .by the City by means of a written release, in recordable form, duly executed by the City. The restrictive covenants established by this Declaration are for the exclusive benefit of the City and may be terminated and released by the City, in whole or in part, without the consent or approval of any owner of the Real Property or any part thereof. 12. The =estrictive covenants established by this Declaration shall be enforceable solely and exclusively by the City of Shorewood, and shall be enforceable by injunctive relief, -4- prohibitive or mandatory, to prevent breach of or to enforce performance or observance of these restrictive covenants or by any other appropriate legal remedy. 13. Failure to enforce any of the restrictive covenants established by this Declaration in any particular instance shall in no event be deemed to be a waiver of the right to do so as to any subsequent violation. 14. Invalidation of any of the terms, covenants, restrictions . and conditions of this Declaration, whether by Court Order or ~otherwise, shall in no way effect any of the other terms and conditions, which shall remain in full force and effect. IN WITNESS .WHEREOF, Declarant has caused this Declaration of Restrictive Covenants to be executed as of the date and year first above written. Trivesco By Steiner & Koppelman, Inc., Partner ~ By ~~ '- Its c4~-< ?-C: ~ <!~ -"C:- By Robert H. Mason, Inc., Partner By I~~ uJf:Z ' -5- , CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDA Y, DECEMBER 3, 1996 MINUTES CALL TO ORDER COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Chair Borkon called the meeting to order at 7:01 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust, Kolstad, Lizee, Pisula, Rosenberger and Turgeon; and Planning Director Nielsen. Absent: Council Liaison Benson APPROVAL OF MINUTES . Turgeon moved, Lizee seconded approving the November 19, 1996, Planning Commission meeting minutes as amended on Page 1, Item No.1, Paragraph 1, Sentence 1, change "preservation policy" to "ordinance"; Page 2, Paragraph 5, Sentence 3, change "could not" to "could"; Page 2, Paragraph 10, Sentence 1, change to read, "Commissioner Lizee felt when issuing the public hearing notice for the first time, it should be worded in layman's terms"; Page 2, Paragraph 10, Sentence 2, begin a new paragraph; Page 2, Paragraph 10, Sentence 3, change to read, "He commented a notice had been sent out relative to the December 3, 1996 public hearing with the usual legalese as well as an explanation of the request in layman's terms." Motion passed 4/0. (Commissioners Foust, Pisula and Rosenberger abstained.) 1. PUBLIC HEARING - AMENDMENT TO THE WATERFORD P.U.D. DEVELOPMENT AGREEMENT TO ALLOW ON-SITE ALCOHOL BEVERAGE . Applicant: Vladimir Velikson Location: 19905 State Highway 7 (Waterford Shopping Center) Vladimir Velikson and Irina Primak appeared along with Jeff Shane'.'lenner Schoenwetter to address the Commission. Mr. Shanewenner explained he is the most recent developer of Waterford. He felt the developers had inherited covenants which were practical in 1984 in that they addressed a specific concern in which the City of Shorewood and its residents did not desire a sports bar type facility. Mr. Shanewenner stated the projections for the Waterford Center had not been met due to the absence of a family restaurant. Russ McGinty, of Griffin Companies, appeared on behalf of the Waterford Plaza and spoke to the Commission. He noted several national restaurant establishments have not located in the center due to the restrictions relative to liquor. Mr. McGinty pointed out the restaurant business will peak at different times than the other tenants of the center. He stated the restaurant would not contain a bar and patrons would only have the ability to order liquor with a meal. Vladimir Velikson addressed the Commission. Mr. Velikson explained he and Ms. Primak have a small delicatessen, Euro Gourmet, which is located in St. Louis Park. Mr. Velikson stated he would not want to have a bar in the restaurant, but would prefer a pleasant establishment which will reflect positively on the city of Shorewood. PLANNING COMMISSION MEETING MINUTES DECEMBER 3, 1996 - PAGE 2 Mr. Velikson stated the alcoholic beverages available would be of a limited nature. In addition, he stated the objection which was submitted by Peter Boyer was unclear to him. Chair Borkon opened the public hearing at 7:35 p.m. Nancy Markowitz, 19685 Waterford Court, felt the serving of wine or beer with dinner would be acceptable. She asked if the restaurant would serve lunch and dinner. Mr. Velikson stated lunch would be served buffet style. Ms. Markowitz asked if the liquor being served would be limited to beer and wine. Mr. Velikson acknowledged there would also be hard liquor served. Ms. Markowitz inquired as to the proposed hours of the restaurant. Mr. Velikson stated the weekday kitchen hours would be until 9:00 p.m. with weekend hours extending to 10:00 p.m. Ms. Markowitz questioned if music is intended for the restaurant. Mr. Velikson stated he would like to have a keyboard player, guitarist or an accordion player. Ms. Markowitz expressed concern relative to noise from the music in the summer. . Mr. Velikson stated his intention to have the restaurant open until 12:00 a.m. on weekends, however, the kitchen would close at 10:00 p.m. Ms. Markowitz asked if alcohol would be served during this period of time. Mr. Velikson stated liquor would be available after 10:00 p.m. only with dinner. Nielsen pointed out there is a restriction within the covenant which determines the hours of operation for family restaurants to be from 7:00 a.m. to 11:00 p.m. . Hearing no further public testimony, Chair Borkon closed the public hearing at 7:55 p.m. Chair Borkon asked which neighborhoods had been notified of the public hearing. Nielsen stated that everyone within 500 feet surrounding the property had been notified and this would include the twinhome development. Commissioner Lizee inquired if the Waterford Homeowners Association had been notified of the public hearing. Nielsen stated that specific association had not been notified. Ms. Markowitz noted the association is also holding a meeting and they are aware of the public hearing. In addition, Mr. Velikson noted he had spoken with members of the association and they were not opposed to the restaurant. COmmissioner Lizee inquired as to the types of liquor licenses available. Nielsen stated there is a beer and wine license and a hard liquor license. He commented he is not aware of the specific criteria for the two. In addition, he stated there is a third type of license for nonprofit clubs such as the American Legion. Commissioner Lizee asked if a wine and beer license would serve the needs of the restaurant. Mr. Velikson stated it would, however, it would limit the selection available to customers who desire hard liquor type beverages. He stated his intention to have a very limited selection of hard liquor drinks. Commissioner Kolstad questioned if an approval were granted, whether there would be a way to restrict it, making the license approval very specific so a precedent is not being established should this type of restaurant not succeed. Nielsen stated the City has discretion in issuing liquor licenses. In addition, the license would be subject to an annual renewal. Background checks would also be a part of the process. Commissioner Kolstad asked if amplified sound would be necessary for the type of music planned for the restaurant. Mr. Velikson stated it would be his intention to have amplified music. PLANNING COMMISSION MEETING MINUTES DECEMBER 3, 1996 - PAGE 3 Chair Borkon was curious how the liquor store fit into this center and why there is nothing in the protective covenant restricting a liquor store. Nielsen explained since 1989, it had been anticipated the liquor store would locate in this area. Commissioner Kolstad expressed concern relative to making a decision on this matter prior to all Waterford residents being notified. Nielsen did not feel it should be limited to the Waterford resident. Commission Kolstad stated these are the Waterford covenants and any change in them should first have input from the Waterford residents. Rosenberger moved, Pisula seconded directing City staff to perform a scientific random telephone survey of the surrounding neighborhoods of Shady Hills, the area to the north, Waterford, Ridge Road, Covington Road and the neighborhood across TH 7 to determine whether or not the neighbors are in favor of alcoholic beverages in the proposed Euro Gourmet Restaurant. Commission Pisula suggested a local option election for a decision to be made by the residents of that local precinct. . Commissioner Kolstad disagreed noting that a survey is very costly and if responses are received and everyone in the area is notified, due diligence would have established a precedent to resolving these types of questions. 'lIill have been completed. She felt a survey would be extreme. Commissioner Rosenberger felt the best way to assure that everyone concerned is aware of the proposal would be to have a scientific survey. . Commissioner Foust asked if Shorewood has liquor licenses in any area restaurants at the present time. Nielsen stated there were none. Commissioner Foust also expressed concern relative to the cost of a referendum. Commissioner Lizee did not feel there would be a sufficient turn out. Commissioner Turgeon also noted she would not be in favor of a survey. Commissioner Foust felt there would be less costly, more effective ways to obtain this information. V ote on Motion: Motion failed 1/6. (Commissioners Borkon, Foust, Kolstad, Lizee, Pisula and Turgeon were the dissenting votes.) Chair Borkon noted her agreement with Commissioner Kolstad that notification within 500 feet of the center was not sufficient and a larger surrounding area needs to be notified. In addition, the awropriate neighborhood associations should be notified. Commissioner Turgeon expressed concern relative to a license allowing hard liquor and would be more in favor of a beer and wine license. In addition, the operating hours would need to be in conformance with the covenant. With respect to music, she noted the concern raised by the residents relative to the amplification during the summer months. Commissioner Turgeon noted her approval of the concept. Commissioner Kolstad expressed reservations relative to hard liquor as well as the amplified sounds. She stated she would not have a problem changing the covenant with respect to the hours of operation proposed by Mr. Velikson. Commissioner Kolstad also noted her approval of the concept. Commissioner Lizee was in agreement with Commissioners Kolstad and Turgeon and noted she would be more in favor of a beer and wine license. Commissioner Foust noted the main issue to be the issue of ~ serving alcoholic beverages on the site rather than the granting of a beer and wine license as opposed to a hard liquor license. He requested further background information by way of minutes relative to the period of time when the covenants were developed. He stated he would like to have anyone who had volunteered public testimony at that time to be contacted to get their input. PLANNING COMMISSION MEETING MINUTES DECEMBER 3, 1996 - PAGE 4 Commissioner Rosenberger was in agreement with Commissioner Foust in that there would not be much difference in whether the restaurant serves hard liquor or beer and wine. He stated there was a reason for the covenants which are in place and noted the developers were aware of the covenants at the time they became involved with the center. Commissioner Pisula stated he would not personally have a concern relative to this establishment if the residents are not opposed to it. He felt a liquor license would be reasonable with the proper controls. In addition, he felt it would be beneficial to have viable commercial enterprises in the city. Commissioner Pisula stated he liked the concept, however, his decision will be guided by the feelings of the affected residents. . Chair Borkon was in favor of the concept. She noted her personal preference that hard liquor not be available. Chair Borkon pointed out the developers had noted their agreement with the protective covenants at the time the developers became involved with the center. Chair Borkon also noted she will be guided by the preference of the surrounding neighbors. Nielsen suggested a draft of a notification letter along with a map depicting the area of 1,000 feet surrounding the Waterford Center be available at the December 17 study session for review of the Commission. Turgeon moved, Pisula seconded tabling the amendment to the Waterford P.U.D. Development Agreement to allow on-site alcohol beverage for Vladimir Velikson, 19905 State Highway 7 (Waterford Shopping Center) to the January 7, 1997, Planning Commission Meeting subject to the matter being reviewed at the December 17, 1996, study session at which time a map and the draft of the proposed letter will be available for discussion. Motion passed 7/0. Commissioner Foust suggested the study session include a discussion relative to contacting the president of each of the area homeowners associations relative to the public hearing. Chair Borkon introduced Councilmember-elect Jerry O'Neill and expressed her appreciation for his consistent attendance at the meetings. . Chair Borkon recessed the meeting at 8:34 p.m. and reconvened the meeting at 8:40 p.m. 2. PUBLIC HEARING - VARIANCE TO TEMPORARILY ALLOW TWO HOUSES ON ONE LOT Applicant: Stan Taube Location: 27280 Edgewood Road and 5315 Howard's Point Road Mr. Tom Ososki, Bruce Knutson Architects, addressed the Commission and stated Mr. Taube was in agreement with the staff recommendations. He noted Mr. Taube is aware a subdivision would be an option in the future. Chair Borkon opened the public hearing at 8:49 p.m. Hearing no public testimony, Chair Borkon closed the public hearing at 8:49 p.m. Commissioner Foust noted in the past when two homes had been allowed on a single lot, both homes had not been occupied at the same time. He asked how the removal of the house would be undertaken. Mr. Ososki was unsure if it would be demolished or moved off of the lot. Commissioner Turgeon expressed concern that the applicant had not appeared in addition to concerns relative to a potential subdivision at some point in the future. She noted she would not be 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 JANUARY 7, 1997 - PAGE 2 Chair Borkon questioned the beginning of construction prior to the C.U.P. being obtained. Nielsen stated this has been allowed on a number of occasions where there is a way to comply with the code if for some reason the C.U.P. is denied. In this particular case, there is a financial guarantee as well as the removal of the shed which would then bring the property into compliance with the accessory space requirements. Chair Borkon expressed concern with construction occurring prior to the granting of a C.D.P. In addition, she asked if information relative to tree preservation would be supplied to an applicant beginning an early construction and if the applicant would then be expected to be in compliance. Nielsen explained a building permit application packet is being compiled which will contain the tree preservation guidelines. This packet will be given to the applicant at the time the building permit is issued. Turgeon moved, Pisula seconded approving a C.U.P. for accessory space over 1200 square feet subject to staff recommendations and subject to the removal of the items stored under the tree prior to the spring thaw. Motion passed 6/0. . Chair Borkon explained this matter will be presented to the City Council for their consideration on Monday, January 27, 1997, at 7:30 p.m. 2. PUBLIC HEARING - AMENDMENT TO THE WATERFORD P.U.D. DEVELOPMENT AGREEMENT TO ALLOW ON-SITE ALCOHOL BEVERAGE (Continued from December 3, 1996) Applicant: Vladimir Velikson Location: 19905 State Highway 7 (Waterford Shopping Center) . Mr. Velikson was present at the meeting. Chair Borkon opened the public hearing at 7:38 p.m. Virg Smeltzer, 19600 Waterford Court, appeared and spoke in favor of Mr. Velikson's request. Hearing no further public testimony, Chair Borkon closed the public hearing at 7:39 p.m. Commissioner Foust asked Planning Director Nielsen to address the questions submitted by Eloise Rust, 19702 Waterford Court. Nielsen explained the restaurant will be located in the existing building for which there is adequate parking on the site. He noted the project was designed with a shopping center and a family restaurant was specifically approved as a part of that. In addition, Nielsen was unsure if the proposed establishment would result in an increased level of traffic on the service road. Commissioner Foust asked if any input had been received from the homeowners associations which had been notified of this public hearing. Nielsen stated he had not received any input, however some telephone calls were received. The telephone callers were advised their comments should be submitted in writing. Commissioner Foust inquired if any of the responses received had arrived by E-mail. Nielsen explained the E-mail address had not been included in the notice, however, it will be included in the future so E-mail may be utilized. Chair Borkon asked if there is an indication as to what commitment was made with respect to liquor at this center. Nielsen explained that liquor was included as a protective covenant which continues on with the property until the beneficiary of that covenant agrees to change it. . . PLANNING COMMISSION MEETING MINUTES JANUARY 7, 1997 - PAGE 3 Jeff Shoenewetter, an owner of the Waterford Center, appeared and stated the intent of the previous owner of the site in working with the city in establishing the covenant was addressing a concern relative to a night club type of large scale restaurant/bar type establishment. He felt the City Council would approve of a family type restaurant without a bar which would serve alcohol with a meal. Commissioner Kolstad stated she was in favor of the request, but pointed out a valid concern to be if a change is being considered to the covenant at this time, it could be changed in the future to an even greater extent. Chair Borkon expressed concern with respect to changing a covenant which was the result of strong public concern which had been raised in the past. She expressed appreciation for the written input which several residents submitted for the Commission's consideration. Chair Borkon did not feel statistics had been provided to indicate that there is a dire need to change the amendment. In addition, she had requested trip generation information relative to the shopping center. Mr. Shoenewetter noted the Waterford Shopping Center to be 60 percent vacant. He pointed out the hair salon and floral shop have closed and there are two spaces which have never been leased. Trip generation information would not be available unless someone were hired to manually perform this task. Commissioner Kolstad asked what conditions could be put on the liquor license which would allow for it to be revoked in the event there were problems such as noise or excessive traffic. Nielsen stated the covenant would need to be amended with those conditions included. To revoke a license, there would need to be violations of the conditions included in the covenant. Commissioner Pisula suggested conditions of no free standing bar and hours of operation would be issues to be considered in approving a liquor license. Chair Borkon asked for Commission input on limiting the license to beer and wine. Commissioner Foust felt beer and wine are alcoholic beverages and stated he did not differentiate them from other alcoholic beverages. Chair Borkon expressed her discomfort at amending the covenant due to the public outcry relative to this issue in the past. Commissioner Pisula noted the response to the public hearing notice had been approximately 5 percent which is a higher percentage than what is typically received. He stated the documents which the Commission works with are subject to change with public input and changing traditions. Commissioner Pisula felt it would be to the benefit of the entire city that the shopping center development be a healthy one. He stated he would support the request. There need to be provisions relative to no free standing bar and alcohol not being served without food. Chair Borkon felt there should be restrictions relative to what type of liquor is available at the restaurant. Mr. Velikson stated he had always envisioned a full liquor license. He had not intended to have a bar and had proposed liquor be served only with a meal. Commissioner Turgeon felt the beer and wine license would be a nice compromise. Commissioner Kolstad felt the issue of amplified sound would need to be addressed. In addition, she felt conditions prohibiting televisions in the restaurant as well as advertising relative to liquor should be included. PLANNING COMMISSION MEETING MINUTES JANUARY 7, 1997 - PAGE 4 Commissioner Foust stated he likes the concept and felt it to be intriguing from a marketing standpoint. Chair Borkon inquired as to what the applicant would need to do if the establishment does well and at some point in the future there is a desire to make liquor available. Nielsen stated this would require an amendment to the covenant. Commissioner Lizee pointed out there had not been any inquiries from the community relative to a beer and wine license versus a liquor license. The inquiries had been relative to the hours of operation. She stated she would be in agreement with a full liquor license noting the market is there and many restaurants need a liquor license to be viable. Commissioner Kolstad did not feel this would violate the intent behind the original prohibition of a liquor license. . Kolstad moved, Foust seconded approving the amendment as proposed by Vladimir Velikson to the Protective Covenants of the Waterford P.U.D. Development Agreement to allow on-site alcohol beverage subject to the hours of operation as currently set out, no amplified sound to be audible within 50 feet of the restaurant, no televisions, no advertising of liquor, no free standing bar, alcohol served with meals only, no video or pinball machines and this may be a full liquor license. Commissioner Turgeon asked Mr. Velikson if the restrictions were acceptable. Mr. Velikson did not have a problem with the restrictions, however, he stated the hours of operation had not yet been discussed. Mr. Velikson stated the amplified sound would be positioned to face the highway. Commissioner Foust pointed out the Council has discretion to grant a beer and wine license as opposed to a full liquor license. Chair Borkon asked the applicant if a beer and wine license would be viable and he stated it would not. . Motion passed 511. (Chair Borkon was the dissenting vote.) Chair Borkon explained she did not believe this request to be in accordance with the covenants which were originally agreed upon with the residents. She noted this matter will come before the City Council on January 27, 1997, at 7:30 p.m. for their consideration. Commissioner Kolstad suggested the Planning Commission's decision and the rationale behind it be sent to the residents. Commissioner Pisula liked the concept, but felt this would make it possible for decisions never to be made and never to be final. Chair Borkon felt direction should be requested from the Council relative to this issue. She was in favor of this suggestion, however, noted this would set a precedence which would need to be followed in the future. Commissioners Pisula and Foust felt it would be a courtesy to respond to letters which are received from concerned residents as well as the residents who appeared at the meeting to offer public testimony. Chair Borkon suggested this mailing be a one time communication in light of the special mailing which was made to an extended area of residents relative to this issue. This will be given as an example to Staff and City Council with a request for further direction in this regard. PLANNING COMMISSION MEETING MINUTES JANUARY 7, 1997 - PAGE 5 Commissioner Lizee felt some other avenues should be considered such as an article in the Sun Sailor, a posting at the front door of City Hall or the library. She felt on this occasion a letter could be sent out to people who attended the public hearings and submitted written opinions. She did not want this to become a precedence. Commissioner Foust was in agreement this should be done on a one time basis. He felt it could also be added to the web site. Commissioner Turgeon raised the issue of over communication in which residents are informed of every issue which arises and the important issues are missed due to the abundance of notices which the residents would receive. The consensus of the Commission was to direct staff to prepare a letter to be sent out to the residents who attended the public hearing in addition to the residents who submitted written input. 3. MATTERS FROM THE FLOOR Roger Champa, 25500 Nelsine Drive, noted he has spoken to hundreds of residents in the community and overall, communication is the main issue which needs to be addressed. . 4. REPORTS . Commissioner Turgeon noted she made telephone contact with Lino Lakes and Minnetrista with respect to the tree preservation policy. The clause with respect to reducing density is being removed by Lino Lakes due to the potential for lawsuit. Orono does not have a tree preservation policy, however, requested a copy of the Shorewood policy since they will be considering this issue at some point this year. Minnetrista has a policy, however, there is no reference to decreasing density. The only time they have utilized the tree preservation policy was in connection with a P.D.D. Minnetrista also requested a copy of the Shorewood policy since they will be reviewing their policy this year. Commissioner Turgeon requested the Council share their three month and six months goals with the Planning Commission. Commissioner Kolstad met with the Councilmembers-elect and explained the Snowmobile Task Force Report in addition to the make up of the Task Force as well as the process the Task Force utilized in defining issues and gathering information. 5. ADJOURNMENT Turgeon moved, Lizee seconded to adjourn the meeting at 9:29 p.m. Motion passed 6/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off Site Secretarial , " 01/24/1997 14:18 6124219511 EXECUTIVE CENTER PAGE 01 CI1Y OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JANUARY 21, 1997 COUNcn. CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. CALL TO ORDER , 1J-t' ~ .J (,l.- ( ~-l: ') t:- ~ lJ( tl Chair :Borkon; Commissioners Champa, Foust, Kolstad, Lizee, Pisula, and Turgeon; Council Liaison O'Neill; Planning Director Nielsen and Administrator [1111 Hurm. MINUTES Chair Borkon called the meeting to order at 7;03 p.m. ROLL CALL l'resent; . Chair Borkon welcomed Roger Champa as the newest member of the Planning Commission. Planning Director Nielsen noted the nomination of a Chair and Vice Chair should be added to the agenda. APPROVAL OF MINUTES Pisula moved, Turgeon seconded approving the January 7, 1997, Planning Commission Meeting Minutes as amended on Page 1, Ron Call, change to Council Liaison O'Nej}} (left for Council Meeting at 7:35 p.m.); Page 1, Item 1, Paragraph 1, Sentence 2, change "provide" to "provided"; Page I, Item 1, Parngraph 5, Sentence 1, change "work" to "root"; Page 4, Paragraph 4, change to read, "this concept would"; Page 5, Paragraph 1, Sentence 3, change "precedence" to "precedent." Motion passed 7/0. 1. APPROVAL OF THE AMENDMENT TO THE WATERFORD P.U.D. DEVELOPMENT AGREEMENT TO ALLOW ON-SITE ALCOHOL BEVERAGE - REVIEW DRAFT RESOLUTION . Applicant: Location: V1adimi.. VeJikson 19905 State Highway 7 (Waterford Shopping Center) Chair Barkan inquired as to what would happen if another restaurant would come into this site requesting something different such as a bar. Planning Director Nielsen stated the new applicant would need to follow the same process which was followed by Mr. Velikson which would include a public hearing, and if the CoWlci1 felt it appropriate, the Protective Covenant and the P.U.D. would be amended. Nielsen noted the applicant is still required to apply for a liquor license which is issued annual1y. He:further pointed out the license does not attach to the property, but rather to the owner of the business. . 01/24/1997 14:18 6124219511 EXECUTIVE CENTER PAGE 02 PLANNING COMMISSION MEETING:MlNUTES JANUARY 21, 1997 -PAGE 2 Commissioner Foust questioned the hours of operation and whether Mr. Velikson is clear the establishment must close at 11:00 p.m. Chair Borkon suggested the provision be amended to specify the hours of "restaurant" operation to be from 7:00 a.m. to 11:00 p.m. Commissioner Champa felt the language was clear and did not need further clarification. Commissioners Turgeon, Foust, Lizee and Pisula felt wording of the amendment to be acceptable as drafted. Commissioner Kolstad suggested making the amendment conditional to the request at hand. She expressed concern this amendment would become the new base for future changes. which could become incrementally broader. Nielsen pointed out this amendment does become the base of future requests, however, any further changes would need to become an amendment to the Protective Covenants and p.un. . Turgeon movedt Pisula seconded to adopt the Amendment to the Waterford P.U.D. Development Agreement to allow on-site alcohol beverage. Motion passed 6/1. Borkon was the dissenting vote. 2. REVIEW COUNClL PRIORITIES CBECKLlST Planning Director Nielsen and Council Liaison ONeill reviewed a priority checklist which has been established by the City Council. Chair Borkon commented the more specific the Council can be on their requests of the Planning Commission, the easier it will be for the Commission to address those issues. Council Liaison O'Neill explained the Council will be considering whether the current system should continue to expand in addition to several other options. Chair Borkon noted the storm water management plan listed as a top priority item. Nielsen explained the Watershed District requires the City have a storm water management plan. . Chair Borkan asked if the South Lake cities have any plans for joint endeavors in the future. Council Liaison O'Neill stated the consensus of the Council is to have the Mayor and one Councilmember meet with other elected officials of the surrounding municipalities at various times throughout the year to improve relations and possibly work together on future projects. Chair Borkon questioned why the City has not explored business opportunities other than the liquor business. NieIsen explained it was the view of the past Council that the City should not compete with private enterprise. Chair Borkon did not feel the liquor business to be a family type enterprise and felt a revenue generating business geared toward family would be more appropriate. With respect to senior housing, Council Liaison O'Neill commented the Council would like to review this issue relative to the livable Communities Act. He exp1ainedthere has been some discussion with the City of Excelsior to consider the possibility of working together on this matter. .., MAYOR Tom Dahlberg COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 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 MEMORANDUM . TO: FROM: DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 17 January 1997 Velikson - Proposed Resolution 405 (96.27) The Planning Commission asked to review the proposed language for the Velikson amendment to the Waterford PUD Agreement and Protective Covenants. Attached is the draft resolution containing the PUD amendment. In the agreement deletions are shown with strilceouts and additions are shown with italics. An amendment to the protective covenants, similar to the agreement amendment, will also be prepared. If you have any questions relative to this matter, please do not hesitate to contact me prior to Tuesday's meeting. . cc: Jerry O'Neill A Residential Community on Lake Minnetonka's South Shore CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT FOR W ATERFORD PHASE ill AND AMENDING THE DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, the Shorewood City Council, by Resolution No.52-91, passed 28 May 1991, granted final plat approval for Waterford ill Addition; and WHEREAS, the City and the Developer entered into a Planned Unit Development . Agreement for Waterford Phase In (the Agreement), dated 30 May 1991; and WHEREAS, the Agreement precluded the Developer or his successors and assigns from being able to apply for any type of liquor license; and WHEREAS; pursuant to the Agreement, the Developer recorded with Hennepin County a Declaration of Protective Covenants (the Declaration), which Declaration provided that the family restaurant to be constructed in the shopping center on the property would not be eligible to apply to the City for any type of liquor license; and WHEREAS, the Vladimir Velikson, on behalf of the current owner of the shopping center (Waterford Partners, LLC), has requested that the Agreement and the Declaration be amended to allow a family restaurant to be eligible to apply for a liquor license; and . WHEREAS, after required notice, a public hearing was held and the request 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 27 January 1997, at which time 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 Shore wood to approve the amendment to the Planned Unit Development Agreement attached hereto as Exhibit A and incorporated as part of the Agreement. . . BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized, on behalf of the City of Shorewood, to enter into an agreement amending the Declaration of Covenants for Waterford ill Addition. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day January 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk - 2 - AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT W ATERFORD PHASE ill . The undersigned, Waterford Partners, LLC, a Minnesota limited liability corporation, and the City of Shorewood, a municipal corporation, hereby agree to amend that certain Planned Unit Development Agreement, Waterford Phase ill (the Agreement), dated 30 May 1991, as follows: 1. Paragraph 1.B.(5) of the Agreement is amended to read: "( 5) The covenants and restrictions for the commercial property shall include provisions for signage, exterior sales and display racks, hours of business operation, lighting, landscaping, prohibition restrictions on the sale of liquor, and other conditions placed on the property pursuant to the City's approval of the revised development stage plan on 10 September 1990." 2. Paragraph 1.B. of the Agreement is amended to include: H( 6) Eligibility for a liquor license for the family restaurant to be constructed on the Real Property shall be subject to the following conditions: (a) Hours of operation shall be limited to between 7:00 a.m. and 11 :00 p.m. (b) There shall be no display of televisions, video or pinball games. (c) Any form of amplified sound shall be imperceptible beyond 50 feet of the restaurant. ( d) There shall be no separate bar area. ( e) Liquor shall only be served with meals. (f) There shall be no advertisement of the sale of alcohol. " The Planned Unit Development Agreement shall remain in full force and effect in all of its terms, covenants and conditions, except as expressly modified by this Amendment. 3. . In witness whereof, the undersigned parties have executed this Amendment effective as of the day of , 1997. W ATERFORD PARTNERS, LLC a limited liability corporation CITY OF SHOREWOOD, MINNESOTA By: By: Tom Dahlberg, Mayor Jeffrey Schoenwetter Its: And: James C. Hurm, Administrator/Clerk Exhibit A .. CITY OF SHOREWOOD 5755 COUNTRY CLUB. ROAD · SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 2 January 1997 RE: Jones, Mitchell- C.U.P. for Accessory Space Over 1200 Square Feet FILE NO.: 405 (96.28) BACKGROUND . Mr. Mitchell Jones proposes to construct a new attached garage on the east side of his home at 24245 Wood Drive (see Site Location map - Exhibit A, attached). Since the total area of accessory space on the property will exceed 1200 square feet in area, Mr. Jones has applied for a conditional use permit, pursuant to Section 1201.03 Subd. 2.d.(4) of the Shorewood Zoning Code. The property is zoned R-l C, Single-Family Residential and contains approximately 25,479 square feet of area, exclusive of the area of the lot which extends into a pond. The property is currently occupied by the applicant's home, attached garage and a utility shed. As shown on Exhibit B, the applicant proposes to convert the existing attached garage to living space, then add 1124 square feet of additional garage area The new garage when combined with the existing 12'XI6' shed totals 1316square feet of accessory space. Once the existing garage is converted to living space the total area of the house will be 2065 square feet. A Residential Community on Lake Minnetonka's South Shore lD~ Memo re: Jones C.D.P. 2 January 1997 Page tvyo ANAL YSIS/RECOMMENDATION Section 1203.02 Subd. 2.d.(4) contains four specific criteria to be considered in the review of accessory space conditional use permits. Following is how the applicant's request complied with the Code: " 1. The total area of accessory space (1316 square feet) does not exceed the floor area of the principal structure above grade (2065 square feet). . 2. The total area of accessory space does not exceed 10 percent of the minimum lot size for the zoning district in which it is located (.10 x 20,000 = 2000 square feet). 3. The existing home, the shed and the proposed garage all'comply with the setback requirements of the R-1C zoning district. Part of the new garage has been jogged back slightly to comply with the 35-foot front setback requirement. Since ample side yard areas are proposed drainage is not considered to be adversely affected by the proposed garage. i 4. Since the new garage is attached to the existing home, it will be integrated into the architecture of the home and will be built out of the same materials (see Exhibits C and D). Despite the size of the proposed space, only two garage doors will be seen from the front of the home. . Based on the preceding the applicant's plans are considered to be consistent with the requirements of the Shorewood Zoning Code. Approval of the C.D.P. is recommended. cc: Jim Hurm Tim Keane Mitchell Jones . ~ .~4tO j . I 1 . (17) ~ ~ -l:!-l_ _ / I I I I I ...... __I l NAA1lJa ....y.,/: ,( '0. '0 ''''-J ......lIJ...H... (J6) ........, ..................... /J tlJlb i.: " W 2 ~ '. I'."sr @ __"t..' "l! ,oj ." . Exhibit A SITE LOCATION Jones c.u.P. S~OR~ SE~~_ DISTRICT BOUNDARY HENNfP II PlJ~J:' boll r..: 1010'"' II' '~HV II . . I I I i I ,~ 2' I~,. If.! j~ ('\ ;-- -~ \ / ~~ - . ;.. ,:~__...-1! ~ 7S' .~ ,~ !\-._-~ I I I .1... .~;.. .' ~~ ~-' I ~ t:"'_,... .,..1.- ~/,+r~:!~ L -. - -vV-Gg ~ '1.4' ....... n.o BFlI!r. ~J'../' P.tI.....ft.".81T. i z: i 0.. ..,. ~r "': ,..- \ o \ .....'""'" "'- , ~~ 9".1c~" .t". ..,-...... ,.." t. ".""''' ~ "~~a 4334'"," ~ ..,,~ ....< G"~ ~~.. '-......... o~~..".. '-.'"\:: ..," c.o.~.~....~ -9~:~ro ~ ,." "0 -<:) o -1/ o z: I 5... l{" ~f .; . " f~tJ, 1N'~ / /1 ~ ' - (.'\ -- ';fl Exhibit B PROPERTY SURVEY jf'<<;r'1Wt7 ~ e-r*~\ , . , , I -L y ~ Wr>>t7, )~f{ W~sHi~ ~e<~\ - ~D1ikl . I r- - - - - -t ~& !'l{.'IY.e,. IN,- - -- ~V'~I.IVI~'&I~rX I =-1C;'LlJ_c.~,e I -~ ~~ . . I . f)O ~1j ~Nf. ~\ r-r" . . .~~~Kf~(~~ ~~~. ... . ' ~~~" t I . ~v~v //?f~ } ._'?"~~ n __1. 1 , . ~lNDN. 'N~~+~s.k AOOltlofJ ~Utl~ec~l~ - W5Jj, W~ cat~, I -:Ii. ...: I I ~. I I +=--~--- -+!:~~ _I~IJ,..~ - - ~ tf(o;~e- . ~~~f.(~~ . . _~~~....~~ (?tM) - . ru ~l-o- ..' Exhibit C BUILDING ELEV A TIONS - SIDE AND REAR . ~~~ .' ~~~ ~~ ~~ .~~ -=.z-~=t- .1 I .' , ~~ ~I ~~ . 1 f - .' , . ~:I ~k ~ - ,~ ~~ ~ 'I ..3)- s.i: ';! - =:2.E:s ~ - ~. "'~l~ . Cf :::::::. \' ~. . &, ~ 'I _' Ii ~ . P- 7.:(.) - Ci ~1 fj) .J . r ' r" :;1: ( J) (~ ~~ r!,! 1/ ~t .' c.' ".~ , (~ :,;:;.. . ! . >r.;.lJi .:. ~. [..t 1,(, p" ' g ;~_~;J~. ~ ~")'\,, ~ ~ ~ ~~ _6 f" ! ~~ E ~~~~l ~i~~~ _.~,~ -Wi~i~;,,, ;';;'.II~ it~~~~1 ~ ~ ~""~~~ ~ ~ ~~\ 1'- ~I ~ '; 'I it I I I: I~ l~ ~. :::;z::. ~ ~ * ~ ~ ~ : . f-; I :1 It If ~:~~ . I ::> ~ ,3:. ,\ 'I' I I ~~~- ~~ .* &W~~~ I "o,~ I !~~ . - -:!~ Exhibit D BUILDING ELEVATION - FRONT " -<- CITY OF ORONO ii 6124730510 12/18/96 16:46 (jI :02/04 NO:569 ~;' .-:.... .....: ~ .,..., CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 8 2 5 A RESOLUTION OPPOSING VENDING OF FOOD OR MERCHANDISE FROM WATERCRAFT ON LAKE MINNETONKA WHEREAS, the Lake Minnetonka Conservation District has received a request to allow . vending of food and/or merchandise from watercraft on Lake Minnctonka; and WHEREAS, the vending of food and merchandise from watercra tl on Lake Minnctonka is inherently unsafe due to the following aspects of such activity: 1. It requires that two or more boats approach each other and remain in close proximity to one another, and may bring multiple boats together in a small area which is inherently dangerous. 2. It will tend to occur in the most congested areas of the lake in order to be financially feasible, creating nn even more congested situation; and . WHEREAS, any attempt to minimize the inherent unsafe aspects of sales activity in the open lake by moving such activity near the shureline will have a negative in'lpact on the enjoyment and repose of Orono's residential lakeshore property owners by creating undue activity, conunotion. noise, titter. exhaust fumes, etc.; and WHEREAS, more than one-third of the shoreline of Lake Minnetonka is within the corporate boundaries of the City of Orono, and 98% of Orono's Lake Minnetonka shoreline is 7.oned tor single family residential uses; and WHEREAS~ the City's lakeshore land use regulatit1ns, including marina regulations, are very restrictive to protect the lakeshore area; and WHEREAS. the pennitting of the vending of food and/or m~rchandise from watercraft on Lake Minnetonka would he in total connicl with the City's lakeshorc land use regulations; and WHEREAS, it is in the public interest that vending activity on Lake Minnetonka be prohibited due to the safety concerns and negative public impacts noled above. JF1 CITY OF ORONO W 6124730510 II" .;.. 12/18/96 16:46 DJ :03/04 NO:569 '- .: ,,~ ~ .. ,~~,~ O=~, 10 0 IL\~~ ~<_O ~",~~!1StiO~/ ......"::.~= =;;:--.. CITY of ORONO AESO'LUTION OF THE CITY COUNC'L NO. 8825 NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, MiMesota that the Lake Mhmetonka Conservation District be encouraged to neither license nor allow the vending of food or merchandise from watercraft on Lake MinneLonka. Adopted by the City Council of Orono, MiMcsota at a regular meeting held this 9th day of December. 1996 by a vote of -2. ayes and ~ nayes. .~ c/~ . /~/ C;/};/d/l:/ / Edward J. Calla n. Jr.. Mayor / . . .. CI1"Y OF ORONO Ii 6124730510 12/18/96 16: 46 tjl : 04/04 NO: 569 . . RESOLUTION II S 8 2 5 STATE OF MINNESOTA ) ) coUNty OF HENNEPIN ) ) CITY OF ORONO ) !. Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on December 9 ' 19..9..6.., and that the same is a troe and correct copy of said resolution duly adopted by said City Council at said meeting. day of In Witness Whereof, I have hereunto set my band and seal this December , 19~. . 11th 'vn~-a~:~ t City Clerk (SEAL) esota Quiz ,Bowl champions . ' Deephaven, 'are . the champions of their division in this year's his is the third year in a row,these young scholars have 2laced tlt. Pictured are: (back row, Ito r) Ben Byers-Fenian, Ian Pfaff, Bm Graves, Kathy Fleischhacker, (middle row, I to r)" Nicol narie Heikkila, Amanda Zitzloff; (front row, I to r) Zach Linder, - -" nthony Davis. ~~NSE~~~r:1~~ LSTEN/GAGE MARKETING GALAXY! 'OSITIONS AVAILABLE RIGHT NOW! u-.'- .., ~ ET$ _ FOR THOSE OF. YOU WHO ARE SUPER NOVAS WE HAVE: lONG TERM FIRST OR SECOND SHIFT BONUS PLANS, _' E EXPERIENCE ,FOR ALL! ~ .-'/- ; Olsten Staffing Services'" PPLY NOW! h a new career! 24 hours a day, 7 days a week ~H@~Q@@@$J ",. ~~ TanKa Bay -opposes---- 'food sal~s on lake By Mark WIlde - The resolution, introduced by Councihnember .Sasanfar when " he was acting'as mayor in place 'of the absent Mayor Hatig, allows counci1members to be "compen- sated for absences from no more than two City Council meetings during any calendar year." _ , Acc()rding to Sasanfar, he con- ducted an informal poll of 11 cities and' found that none pay their representatives' per meet-..;.;i..... ing. Sasanfar said he felt mem-' bers did enough work outside the official meetings to justify receiving- their whole salary -despite some absences. _,' Mayor Haug agreed wit"" - Sclsanfar, stating he would not expect to be paid for,the previous meeting he had missed but, "we . should all be entitled to get sick once a year." Councilmember LaBelle voted against the mea- sure, calling it inappropriate. before the (LMCD) board," _ Finally, the Council gave the Babcock said., . -.. >~.~-~ C_. 'go-ahead to a project designed to Babcock asked the Tonka Bay ,_ honor past city representatives. , ~ty Council to pass a~olution, - After listening to the concerns of m support o~ the dc:as10n. ,The .{~ long-time resident over the lack Orono-resolution ou~e;; vanous< _ of. recognition for past councils, reasons for not wanting to allow Tanka Bay authorized her to vendin? of food and/ or me~: begin the necesSary research. ' ~han~lse from wat.e..r .c.. ra~t - _ According to the reSident.. mcludmg safety and pollution other cities have a memorial 0 concerns.. . . "photOgraphs of previous mayors (Jrono is also opposed to the and coundlmembers, and Tonka , idea because it wants to keep its Bay. would benefit from some- " shoreline from ,becoming com- thingsimilar.' 'meICialized.Accordingto-theres-The .Council agreed that a olution,' one-~ of the shoreline memorial tree or some other di&- , ' of ~Miimetonka is in the Cityplay.~ould be a necessary and . of Orono and' 98 . percent of that ,appropriate addition to the coun- shoreline is zoned for single fam- ciI chambers and a.greed "to come ily residential use. up with some of the money if In other news, Tonka Bay for.- necessary. _ malized a resolution introduced Anyone interested in helping at the last meeting allowing coun- with the research or the cost of d1members to get paid their fullcthe project should call the Tonka salary even if they miss some Bay Gty Administrator at 474- meetings. 7994, . TOnka Bay's first resolution .' of the new year supported the City of Orono and the Lake Minnetonka Conservation District in opposing the sale of food from boats on Lake . Minnetonka. At its Jan. 14 meeting, the Tonka Bay Gty Council heard a . . presentation about the isSUe from'. . LMCD Director Doug Babcock. The presentation laid out a . request from a business person to . sell food and merchandise from a pontoon boClt on the lake. - Babcock said the LMCD origi- nally considered granting per- mission for the request, but after talking to representatives from , '. cities aroUnd the lake decided it might not be a good idea. -" At this point it's a dead issue, . ~ Metropolitan Council ~ Working for the Region, Planning for the Future . . January 3, 1997 Thank you for the considerable time, thought and attention your local community has devoted this past year to help shape future growth in our metropolitan area We want to work with you to make necessary planning changes in your local comprehensive plan to accommodate growth and development ...AIlIDIl~, oi~ t(l_~IAB4P1BUng Act "'by"M~I.QbwI:e.~J99S,.ea.clt community'S'~veplaQ. IlQwpwstjpclude: . asectiou.QQ.wbatyour ~ is doing to ID8I18Plocatwater ~ and . an explanation of how local controls-zoning and ordinances-are consistent with your plan. Other elements to consider including in your plan are sections on intergovernmental coordination and economic development, and how you will designate urbanization and/or redevelopment areas in the future. Starting in 1998, periodic updates of a community's plan are required at 10 year intervals. To assist your community. the Metropolitan Council offers these resources and services: 1) An overview 0/ Metro 2040 growth strategy and newly adopted regional system plans The materials enclosed provide an overview of regional policies recently adopted by the Metropolitan Council, including the regional growth strategy additions to the Regional Blueprint, and a brief summary of changes in the policy plans for the four regional systems: Water Resources Managenient, Transportation, Aviation, and Parks and Open Space. Note: Copies of policy plans will be sent to you in February. Call the Regional Data Center at 291-8140 for information after February 15th. 2) Hands-on workshops/or local offlCia/s detailing changes in federai, state and regionEJ plmming req~ ~ments, and information on planning grants and loans available to communities in the region. These will be held in Febnuuy, with datesllocations to be announced. Note: Copies of the policy plans and Revised Local Planning Handbook which provides s:ep-by- step instructions and examples, will be distnbuted at the workshops. 3 ) Technical assistance and project updJdes from sector representJlJives on an ongoing basis: Guy Peterson 291-6418 Cities of Minneapolis and St Paul Carl Schenk 291-6410 Carver, Scott and Dakota Counties Dick Thompson 291-6457 Anoka, Washington and Ramsey Counties (except St Paul) Tom Caswell 291-6319 Hennepin County (except Minneapolis) We look forward to working with you in this collaborative effort You will be receiving more informa!!~>n in the next few weeks--or contact your sector representatives with specific questions." .~- ,:<'.;::;-:;'~-;;"\ff \2\; ,_., :~i. '.~~ _ ~ ._t-~. t.~ \:_' ~~ \\ \';'. Sincerely,' - \\ h _ U ;-?'~-; \\.0' . ...l ;:'" ~...~. '. '-" ...----" ---+ ,-'"..-..-'::::-=- - ,,- . >> :_~-:::---_.- .~ James em Regional Administrator 4f~A 230 East Fifth Street Sr. Paul. Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDO/TIY 291-09C.~ ~letro info Li.'1e 229-3',30 An Equai OpportlJl1lIY Employer Water Resources Management -- Shorewood Key Changes in the Plan Adopted by the Metropolitan Council in December 1996, the revised Water Resources Management Policy Plan incorporates the following changes: . . An approach to water quality concerns that relies on a watershed focus to control pollution from point and nonpoint sources with a strong emphasis on management of nonpoint source pollution. . Rural treatment plants, both public and private, are the responsibility of the local government which needs to provide for such plants in its comprehensive plan. Implementing the growth management strategy will require that the Council further study the question of whether the rural gro,wth centers will be able to provide the wastewater services necessary for expected future growth. . The Council's previous position on biennial inspection of on-site sewage disposal system has been changed to require an inspection of the systems at least once every three years by trained individuals. . Excessive inflow and infiltration (III) burdens the metropolitan sewer system. The revised plan provides for individual goals for reducing III for cities with excessive inflow/infiltration. The complete plan should be consulted by Shorewood in preparing its local comprehensive plan. In addition, Shorewood should consult the current version of the Metropolitan Council's Local Planning Handbook for specific information needed in its comprehensive plan. System Plan Considerations Affecting Your Community 1. Metropolitan Sewer Service . The forecasts of population, households, employment, and wastewater flows for Shorewood as contained in the adopted Water Resources Management Plan are listed below. These forecasts are for sewered development. The sewered housing forecasts were estimated based on annual city reports, current trends and any other information available relating to your community. The wastewater flows are based on historical wastewater flow data and the projected sewered housing and employment data. YEAR 2000 2010 2020 Sewered Population 7200 7250 7300 Sewered Housing 2600 2800 3000 Sewered Employment 600 990 1090 W ASTEW ATER FLOW RANGE LOW mGH LOW mGH LOW mGH Yearly Wastewater Flows (MGY)* 398 443 435 489 466 519 * million gallons per year - I The flow projections represent the Council's commitment to a level of service, assuming that the Council's underlying demographic forecasts are maintained. The flows are expressed as a range. Adjustment may be required based on verified growth, as well as the lack of growth. The City should contact the Council staff to discuss any proposed adjustment. Flow projections do not represent an allocation of interceptor capacity except in the event a temporary system constraint occurs. . At a minimum the Council will reevaluate flow projections every five years. Moreover, the Council will also continue to monitor individual local governments' flow annually for significant changes. The Council will use these population and wastewater flow forecasts to plan all future interceptors and treatment needed to serve your community. Shorewood, through its comprehensive planning p~ocess, must decide the location and staging of development, and then plan and design its local wastewater collection system to serve this development. If you plan a total wastewater flow from your municipality in excess of the Council's forecasts, your assumptions will be analyzed by the Council for their potential adverse effects on the capacity of the metropolitan system. You should also note that urban development at overall densities that are substantially lower than identified for your community in the Council's Growth Management Strategy Section of the Systems Information Statement will also be analyzed by the Council for their potential adverse effects on the cost of providing metropolitan sewer service. The attached map shows the location of metropolitan sewage disposal facilities serving your community. Existing or planned metropolitan facilities serving your community are as follows: Lift Stations Blue Lake 6-DH-645, 6-DH-645A, 6-MT-647, 6-GW-649, 7017, 7017-3, 6-TB-661, 7017-1, 7019A, 7017-4, 7017-2, 8253-327 L-20, L-21 Wastewater Treatment Plant Interceptor( s) . If necessary, detailed information regarding metropolitan facilities is available from the Council's Municipal Services Section by calling the staff at 229-2116. 2. Management of On-site Sewage Disposal Systems The Metropolitan Land Planning Act requires the sewer element (local sewer policy plan) of the local comprehensive plan to describe the standards and conditions under which the installation of private sewer systems will be permitted and to the extent practicable, the areas not suitable for public or private systems. The new Water Resources Management Plan states that the appropriate density for development with on site systems depends on the suitability of the soils to treat wastewater and whether space is available for a primary and back up drainfield. It is the Council's position that all municipalities and counties aIlowing on-site sewage disposal systems should incorporate current MPCA regulations (Minn. Rules Chapter 7080) as part of a program for managing on-site sewage disposal systems in the sewer element of their local comprehensive plan and implement the standards in issuing permits. Shorewood should adopt a management and control system consistent with state rules. Systematic, community-wide inspection of on-site sewage disposal systems on a frequency of at least once every three years by trained personnel must be an integral part of the local management plan. 3. Management of Private Wastewater Treatment Plants . SmaIl private treatment plants are located throughout the Metropolitan Area serving such developments as individual industries, mobile home parks, and other urban type uses. The Council is concerned that these facilities might encourage urban development in the permanently rural and urban reserve areas, or that they might become the responsibility of the Council. The position of the Council is that such private wastewater treatment plants should be permitted only if they are provided for in a community's comprehensive plan that the Council has approved and are in full accord with the local comprehensive plan. Shorewood should include in the sewer element (sewer policy plan) of its local comprehensive plan the conditions under which private treatment plants would be aIlowed, and include appropriate management techniques sufficiently detailed to ensure the facilities conform to permit conditions. Shorewood is responsible for ensuring that permit conditions for private treatment plants are met. 4. InflowlInf1Itration Reduction Goal . The Council's Water Resources Management Policy Plan states that communities that are served by metropolitan wastewater system and have a high inflow/infiltration will be expected to meet III reduction goals and adopt a five-year plan to remove those problems that can be cost-effectively eliminated. The Council has established the following m goal for Shorewood The ratio of peak 15 minute sewage flow to annual average sewage flow should not exceed 2.70. Through the comprehensive planning process and in consort with the Council, Shorewood should identify the goal and strategy for m abatement and a plan for implementing the strategy. 5. Interceptor Reconveyance The Council has determined that a portion of interceptor 7017 which is entirely within the City no longer has a regional role in the Metropolitan Disposal System and should be reconveyed to the City for local use. The Council intends to begin discussions with Shorewood on the reconveyance of this interceptor in the next several months. . . Advisories 1. Surface Water Management In 1995, Minnesota Statutes Section 473.859, subd.2, was amended to make the local water management plan required by section 103B.235 a part of the land use plan of the local comprehensive plan. Section 103B.235 provides that a local water management plan should be prepared once the last watershed plan for the area has been approved. Section 1 03B.23 5 also generally identifies the contents requirements for the plan. The local water management plan is to be submitted concurrently to both the Watershed Management Organization within whose watershed the community is located and to the Metropolitan Council for its review. For guidelines on the contents of local water management plans, please refer to the Council's current Local Planning Handbook. , Metropolitan Council records indicate that a watershed plan has been approved for all areas of Shorewood and therefore a local water management plan must be prepared and submitted to the Council for its review concurrent with the review by the Watershed Management Organization. 2. Water Supply Planning Minnesota Statutes Section 473.859, Subd.3 requires cities with a municipal water supply system to develop a water supply and emergency and conservation plan and submit it to the Council for its review. On Dec. 15, 1996, our records showed that Shorewood has a Council-approved water supply plan and has fulfilled the requirements. ---- r. ~ Victoria I InlotmatJon 10, M.tfD/JDJit.n FtKJI/tI.. ~~".."t.. of DIKJfIIJIb., 'n.!!!!!6__ IZ~~ Community Boundary lZSZl Roads And Highways lZ~ Railroads rlSJJ MCES Interceptors Accessed By This Community 11"Z] Other MCES Interceptors :w. @ eES Lift Station []I] MCES Meter Station @ MCES Treatment Plant D Unserved Areas IA0l\;?f.(~~1 Unmetered Areas N w+. 5 I I I ---, I .... ..I Deephaven (' I I I I ...... ,." ...... . Chanhassen .. ------..... ~-_._--_.__._------ . , ~ From: Mayor and City Council James C. Hurm, City Administrator To: Re: January 24, 1997 1997 City Council Priorities ':p-' /,...-r Date: , i ji V . At the Council's request, the staff has now reviewed the top, second and third priorities established by the Council in work session, estimating the staff time hours required and potential costs involved in the project. The estimated time is defmed as our best guess of the number of total staff hours that may be required. The estimated expense is out of pocket, that is additional costs which do not include the staff time. Please understand that most of the estimated hours are a shift in emphasis from other staff activities to these items. For example, the entire staff will be emphasizing communications activities more so than in the past. Please review this information and let us know if it in any way affects how you would prioritize these issues. If not, the next step will be for the staff to prepare timelines for each issue with the top priority items beginning fIrst. . . . , ... 1997 City Council Priorities Estimated Staff Time Estimated in Hours Expenses Top Priority Items: 30 Minimal Review the water policy in the Comprehensive Plan, the (i.e. copying) water capital improvement program and funding for the program 1,000 $30,000 Implement strategies in improving communication 40 $3,000 Review the trail plan 108 $2,250 Reconsider the street reconstruction assessment policy as recommended by a task force several years ago 110 $110,000 Undertake a storm water management plan 80 Minimal South Lake Minnetonka Public Safety Department contract renewal needs to be completed in 1997 80 Minimal Decide on involvement in the Watershed District's requirement for 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 50 $1,350 Reevaluate design criteria for City streets 20 Minimal Improve relations among cities with joint elected official meetings at various times throughout the year 40 Minimal Identify Comprehensive Plan items to be reviewed in detail (this includes zoning, land use and subdivision ordinance review) Second Priority: 20 Minimal Consider options for purchasing green space (referendum ?) 12 to 20 $500 Evaluation of City liquor operations/business plan 95 $1,300 Sanitary sewer - reView III strategies, re-evaluate strategies to reduce sewer rates, and re-evaluate the sump pump inspection ordinance 20 Minimal Actively participate in the Lake Minnetonka Cable Commission's efforts to negotiate a new cable television contract with Triax Cable 60 Minimal Re-evaluate senior housing strategies 80 $4,000 Undertake a transit needs assessment and develop a strategy to improve service or reduce costs for transit 120 $1,000 Develop plans for improved safety at intersections: County Road 19 and Manitou Road; and Seamans Drive, Yellowstone Trail, Highway 7 40 $100 Undertake safety studies in specific areas such as the Minnewashta School 1997 City Council Priorities Third Priority: 80 Minimal to Re-evaluate snowmobile issues/determine the future of $3,000 the implementation plan 90 $300 The Planning Commission should develop a commercial Copying & maintenance code for Council consideration Publishing 100 Minimal Consider an incentive system for high performing employees 40 Minimal Develop a strategy to improve paramedic rescue response times 200 $500 Pursue burying utility lines 40 $500 Consider requiring a conduit be installed for use by utilities in City right-of-way .. . . ," , . . 1996 BUDGET OBJECTIVES Status Report: 1<lq7 CITY COUNCIL I "t:l I 0 >. Q) .... G:) (I) >. ~ "'0 (I) "'3 Q) G:) ~<.o ~ ~ 0 "t:l c: ..... ~O') ~ "t:l 0 Q) ::::::: <.0 I nI c: (I) nI ".::; C> 3 0') 1 - "- Q) Q) nI "'C ~.51 .5 "t:l ~ ~ N ::s (I)"t:l ''::; a:l C)Q) .!!lQ) 0 ";:: en Q) "t:l ~"t:l Q)..c: ........ ~I .... 0 Q) (I) Q) ~ u ~~I >. c.::: nI .;:: .... n1..c: o Q) G:) c.. cu..... Q) ~u .... ~ ''::; 'ii) Q) U C. nI U c: ~ Q) ~ Q) ~ Q) =<.0 ~ ~.!g, E' ~ ~ ~~ Q) 0 ....0') ,;>8 Issue/Budget Objective 01 o Q) o 0 .~ u o c: (I) ~Q) (I) UI 3:~ 3:.... o ~I Z ._ ..J IT elevise all City Council meetings 41 I I ! I ..J Inform citizens through quarterly City newsletters 4 1 Identify and address zoning issues for specific sites I ..J for senior housing projects 4 Meet with Cooperative Services Study Task Force I ..J semi-annually ! I 4 Undertake a meaningful goal setting session during ..J 1996 2 I As a follow up to the Comprehensive Plan update, ..J I undertake a City visioninq process I 2 I , I ! i I I i 1 I I I i I 1 Key: ! I I I I i 1 = Reporting First Quarter January - March , I I 12 = Reporting Second Quarter April - June I I I ! 3 = Reporting Third Quarter July - September I 14 = Reporting Fourth Quarter October - December I I Page 1 ~~e \. ", anuarv ADMINISTRA nON 0 >- '1:1 Qi Gl - Ul >- .:.l: '1:1 Ul Qi " '3 Gl '- ~ '-co 0 '1:1 I: - ~O) .c '1:1 .2 Q) "co ~ .5 Ul co iii tn 50) Gl Gl N 'C ,,1 all: .5 '1:1 ~'1:1 .Q ;: ;::, Gl .- alGl Ul Gl .2 '':: lD Q) .Q" Gl.c .!!! '- 0 .Q CJ - Gl '':: II) > !I Ul Gl co Gl" >- 1::;:; co.c o Gl > .- Qi c.. .c CJ co u co - '- ;: In .:.l: Gl Q) Q) .:.l: Gl .:.l: Gl CJ I: =co ~ :E'- E' '- '- o.Q .~ 0 -0) Ul ~ ~ i Issue/Budget Objective I 81 o Gl .Q CJ o I: Ul 3: .Q I 3:.2 o ~ z ._ Complete annual citizen serivce evaluation (May I I " survey) 2 I ITake a leadership role in intergovernmental ! " i cooperative efforts in the Lake Minnetonka area 1 I " Review City objectives each quarter 1 I " Follow up on sewer rate task force work 1 I " I Coordinate subregional affordable housing issues I 1 I " Further develop Shorewood Improvement Program 1 1 1 1 Professional Services Budget Obiectives: I I " Contain costs on contracted professional services I 1 I I Attempt to utilize mediation services to avoid I " . litigation 4 I ! " I I I Improve on helpfulness rating for assessor (71 %) I 1 I I , I I I i ! I ! i 1996 BUDGET OBJECTIVES Status Report: J 1997 . . Page 2 , . 1996 BUDGET OBJECTIVES Status Report: . 1QQ7 PLANNINGlPROTECTIVE INSPECTION - 0 ~ Ql - Ql rn >- .:.c: " rn i ::::: :; Ql "'" c: "'"co 0 " - .S!en or. " 0 Q) :::::co ..!'!! c: rn lU ;:; C) 5en lU " .=" Ql Ql N Clc: ~" .c ;:; :;, Ql- ClQl .;: m Q) .c" rn Ql 0 " Q)or. rn "'" - 0 rn > Ql rn Ql .c u =as Ql ';: lU >- c:;:; - lUor. o Ql >:g Cii ~ (\) or. U <<l U Q. lU - "'" ;:; rn .:.c: (\) Q) Q) .:.c: (\) .:.c: (\) u c: =co :J ::a::a E "'" "'" o.c (\) 0 _en rn Issue/Budget Objective 0 o (\) -u rn '70 U 3:.c 3:~ .c (\) o c: 0"," z ._ ~ Update City Subdivision Code 4 4 ~ Establish an action plan to implement Comprehensive Plan 4 ~ Begin work on a short-term implementation Plan 4 ~ Complete a Housing Plan update 4 Protective Inspection: Increase and enhance public information through the ~ development of at least two additional handouts relative to building codes (total of 4) 1 ~ Draft an article for each City newsletter 1 ~ Explore joint inspection possibilities with adjoining communities 1 ~ Implement automated permit tracking system 4 ~ Increase helpfulness ratings of building inspector (76% helpful to very helpful in 1993) 1 Increase citizen excellent/good rating on overall ~ service (76%) and courteousness/professionalism (81 %) of inspection staff - 1993 1 ~ Increase City excellent/good rating on overall service of animal control personnel (58% helpful in 1994) 4 ~ Response time (45%) and Courteousness/ Professionalism (78%) 4 . Page 3 . , anuarv ENGINEERING 0 >- Gl - G) (II >- ~ :2 (II Gl G) ::::: ::s ... .ll: "'co 0 "C C - .!O) .&: "C 0 Gl :::::co .!!! c (II lU -= C) 50) lU Gl Gl N "C elc .S "C ::s"C .c -= :s Gl .- elGl (II Gl 0 .;:: CIJ Q) "C .c"C Gl.&: .!!! ... - 0 .c u - Gl .;:: I/) > Gl (II Gl lU Gl"C >- c;: - lU.&: o Gl > .- G) a.. Gl .&: U cu (,) Q. lU - ... -= (II .ll: Gl Q) Q) .ll: Gl .ll: Gl U C =co ::s ==:a E ... ... o.c .~ 01 _0) (II Issue/Budget Objective 0 o Gl .c u o c (II rO (.) ::.c ::.s o ~, z ._ Complete an inventory of right-of-way needs on I I I ..J collector street system 1 I Keep construction project files up-to-date and I I ..J accurate I 4 Communicate in written form to affected I I ..J residents at least 2 times during a construction I I project 4 ..J Keep change orders at less than 5% of original I contract amount 1 Complete a smooth transition to the City I I ..J Engineer/PW Director position 1 ! I ! i Provide in-house engineering at or below 15% of I I I I ..J project construction cost I 1 I ..J Keep in-house design below 7% of project cost I 1 i ..J Provide good public relations with property I I I owners adjacent to construction projects 1 I 1996 BUDGET OBJECTIVES Status Report: J 1997 . . Page 4 . GENERAL GOVERNMENT - I 0 >- 41 i - Gi II) I >- ~ '0 II) :i 41 Gi :::: .. e ~ ..CO 0 '0 - .S!OI ..c '0 0 CI) ::::co .!! e II) III ;: Cl 501 III 41 41 ~ 'tJ I C)e ':'0 ='0 .c :;, I I 41 ,- C)Q1 ';: lJJ CI) .c'C Q1..c II) 41 0 0 '01 .c u .!!! .. - l/) > .S!I II) 41 - 41 >- ';: III 41'0 C '';:: Ill..c o 41 Gi 0. 411 ..c u > ,- m 0 a.i III - .. ;: t/J .lIl: 41 CI) CI) .lIl: 41 .lIl: 41 U e =co = :!E:g EI .. .. cs.c 41 0 _01 II) Issue/Budget Objective o 41 :c~ o e II) ".0 0, 3:.c 3:.9 0: o .. z ._ j " Update City Code in-house on a semi-annual basis 4 I Implement system software to its fullest capacity " and identify necessary training, including input of I minutes for easier retrieval/indexing 1 Continue to improve public relations by providing 1 " responses in a timely manner I 1 " Improve City newsletter quality i 2 ! i i Develop orientation package for new commission I I " I members and staff 4 I i " Update existing personnel relationship policy I [handbook 4 " I Maintain or improve on helpfulness rating for office I I personnel (87%) 4 I : Munici pal BuildinQ - City Hall: I " i Improve City Hall landscaping 3 I I " Dispose of outdated items in storage area 3 I I 1996 BUDGET OBJECTIVES Status Report: January 1997 . Page 5 1996 BUDGET OBJECTIVES Status Report: Januarv 1997 FINANCE c _ o Q) ; en :s "C ; ::I .;:: CD Q) .g 1/1 > c. D.. co (,) Q) Q) Q) ::s ==.- ::l "? c3 Issue/Budget Objective I Prepare annual budget document and submit to GFOA I --J Distinguished Budget Award Program Prepare CAFR for submittal to GFOA Certification of Excellence Program Provide monthly reports to staff, qtrly reports to Council 1 Implement Capital Improvement Annual Budget format Review debt issues and make recommendations on debt structure --J --J --J I --J I --J Establish financial policies and procedures manual Page 6 "C Q) - Q) I !I .01 11 I ~ I ~ :::::co ~O) ~.= .c"C III Q) Ill'c ,c g ~ Q) ... ... ~~ I 2 4 I 1 I 2 I 31 >- ~ Gi III ~ "C III ::::: "5 f ...co 0 "C .! O),c "c .!!!.= III III Q) Q) .= "c ::s "c .c ClQ) 1IlQ) 0 Q),C.!!.!... _ .c g Gi ~ o Q) >.- ...... ;:: (I) () C ~.cQ) Q) 0 o .- () 3:.2: 8 f i 1 c. >- Gi ~ =co -0) o c Z ._ . . . . 1996 BUDGET OBJECTIVES Status Report: 1QQ7 POUCE 0 >- -g - Gi rn ~ ~ "tJ rn ::;: :J CD CD ... e ~ CD co 0 "tJ - -<>> .l: "tJ 0 Q) ::::co .!!! e rn III ;: C'l 5<>> III CD CD .~ " me .5 "tJ :J"tJ .t:l - :::s CD .- mCD rn CD 0 ..: m Q) "tJ .t:l"tJ CD.l: .!!! ... - 0 rn CD .t:l () - CD ..: tII > CD III CD"tJ >- - Ill.l: Gi a. c;; CD .s:: () o CD > .- as CJ Q. III - ... ;: rn ~ CD Q) Q) ~ CD ~ CD () e =co :J :E:C E ... ... Ci.t:l .~ 0 -<>> rn Issue/Budget Objective 0 o CD .t:l () o e rn "?O (,) :=.t:l :=.2 o ! z ._ ..J Complete review of police funding formula 1 ..J Maintain high helpfulness rating of police personnel (91 % helpful to very helpful) 1 Maintain or improve on high excellent rating on overall service (92%), response time ..J (96%), courteousness/professionalism (96%) and crime prevention programs (93%) 1 Maintain or improve on "feeling of safety in ..J my neighborhood" (satisfied to very satisfied - 92%) 1 ..J Address discrepancy in level of service requirements of the various cities 1 ..J Maintain helpfulness rating of fire personnel (98% helpful to very helpful) 1 Maintain or improve on high excellent/good rating on overall service (100%), response time (97%), courteousness/professionalism ..J (98%) and inspection and fire prevention programs (96%) 1 Page 7 ~J 1996 BUDGET OBJECTIVES Status Report: January 1997 PUBUC WORKS 2 ,., :;; 'ii .. ,., ~ -u .. 'ii :; l!! e ~ !I 0 -u Gi ..:: -u .2 'a.. .!.5 .. . .. CI :I'" .. .. :2 -g CIle .s-u ;1 A :I .. .- CIl" 2 .2 en CIl -u A-u ....:: .. - A" 'ai .. '" > .. .. .. . ,., a: co: Gi ...:: oS ! >:2 'ii ..:: " .. 01 (,) a. . ... .. CIl CIl ... .. ..... " e =CQ :I :E:Q E o - OA .!. 0 -'" .. Issue/Budget Objective 0 g! o e ..!! -,..0 0 ~~ ~ 0 Z._ ..J Perform preventative maintenance on all equipment within 100 miles or 10 hours of scheduled service 4 ..J Perform 90% of City building repairs and preventative maintenance using City personnel 4 ..J Maintain or improve on helpfulness rating of PW personnel (84% helpful to very helpful) 1 Streets and Roadwavs: ..J Develop a pavement management system to aid in scheduling of street projects 1 ..J Paint lane markings on all designated streets 4 ..J Sweep each City street at least once annually 3 ..J Mow roadsides at least twice annually 4 ..J Mow boulevards at least 6 times annually 3 ..J Visually inspect storm drainage grates annually and repair as needed 3 ..J Increase satisfaction rating on condition of streets (my street 63%; streets in general 75%) 1 ..J Maintain or improve satisfaction level on cleanliness of streets (88%) 1 ..J Increase citizen excellent/good service rating on street maintenance (68%) 1 Snow and Ice Removal: ..J Remove snow and ice and complete satt/sand operations within 14 hours after the end of a snow event 4 ..J Complete widening and clean up functions within 48 hours of a snow event 4 ..J Maintain high citizen excellent/good service rating on snow removal (96%) 1 Traffic Control/Street Liahts: ..J I Perform a cost efficiency study of street lighting system 1 SanitationlWaste RemovallWeeds: ..J I Resolve all property cleanup complaints 1 ..J Resolve 100% of weed complaints 4 Tree Maintenance: ..J Remove 100% of diseased trees on public property 4 ..J Respond to all property owner request to identify diseased trees 3 ..J Maintain and trim trees on City property which present a hazard to public 3 Water: ..J Supply a safe, clean uninterrupted source of water to all connections 4 ..J Explore possibility of interconnecting with other communities 4 ..J Maintain helpfulness rating of water utility personnel (94%) 1 SanitarY Sev er: Work with MCWS to correct inflow and infiltration into the ..J sanitary sewer system 1 ..J Work with MCWS to reduce sewage treatment costs to the City 1 Rec\ clina: ..J Continue weekly pickup of recyclable materials 1 ..J Hold curbside pickup of househofd and yard wastes in the Spring of the year 2 ..J Improve on excellent/good rating for recycling program (85%) 1 ..J Provide a leaf and yard waste disposal site in Fall of the year 1 . . Page 8 1996 BUDGET OBJECTIVES Status Report: . . 1007 PARKS >- "CI 0 CD .. "i III >- ~ "CI III "i :s '5 CD I ... l: ~ CD <0 0 "CI - ..0) .&: "CI 0 Q) :::::<0 .! .5 III III +:: en 30) CD III "0 .5 "CI CD N C)l: ::J"CI .a +:: ~ "CII CD .- C)CD III CD 0 ';: m Q) .o"CI CD.&: .!! ... .. 0 III CD .a u Gi~ .;: r.n > .!I Ill.&: III >- 0- c:;: CDI .&: U o CD > .- "i as u "0.1 III .. ... +:: III ~ CD Q) Q) ~ CD ~ CD U l: :=<0 ::J :S:C EI ... ... 0.0 CD 0 ..0) o CD .- U III Issue/Budget Objective 81 .a CD o l: III "?O 3:.0 3:S o ... z ._ -,j I Add and/or replace 5 picnic tables per year I I i 3 i -,j I Plant at least 10 trees per year 4 I Assist Shorewood Parks Foundation in coordination of I I -,j fund raising efforts 1 ! Assist Shorewood Parks Foundation in building a ! -,j i concession building - Freeman Park north 1 , Continue to develop user support for funding I -,j I improvements and maintenance in parks I 1 ! I i -,j Increase knowledge and use of Shorewood's parks I 1 I I I Increase satisfaction rating of condition (92%) and I I I -,j amount of recreation equipment in parks (88%) I 1 I I ! I -,j I Maintain satisfaction rating of park maintenance (93%) I 1 i , . Page 9 . . To: Mayor and City Council James C. Hurm, City Administrator January 17, 1997 From: Date: Re: Upcoming Work Sessions The list below identifies work sessions on a preliminary basis over the next three months. This seems to be an acceptable consensus after talking with the various members of the City Council. These will be noticed separately the week before the work session. Depending upon how long each work session takes and what might pop up in the mean time, we need to remain flexible on the content of the work sessions. We will revise the scheduled at each meeting. / Pro ~ ....~~ ',..n... . .,.< '.< .... '. ..<<..<,.........<. > ...... ."<., .., Monday, February 3 Executive Session to review legal cases with Counsel and staff Tuesday, February 11 Identify issues out of the Comprehensive Plan and various planning ordinances for review. Offer direction to the Planning Commission. Review of the Communications Plan. Monday, March 3 Begin discussions of the Capital Improvement Program (CIP) and complete Communications Plan discussions. Tuesday, March 11 Capital Improvement Program discussions and further discussion on planning issues and Comprehensive Plan review. Monday, March 31 (Kristi Open discussion on the Caba1ka case (further Stover will be able to be discussion on CIP if time permits) in attendance) Monday, April 7 ~urther discussion on the CIP and other planning Issues Monday, April 21 Discussion of issues with out Metropolitan Council representative and Metropolitan Council staff liaison (it may be more timely to have this meeting in March rather than waiting until April 21) ~1f) ." . CKNO 20098 20099 20100 20101 20102 20103 20104 20105 20106 20107 20108 20109 20110 20111 20112 20113 20114 20115 20116 20117 20118 20119 20120 20121 20122 20123 20124 20125 20126 20127 20128 20129 20130 20131 20132 20133 20134 20135 20136 20137 20138 20139 . CHECK APPROVAL LISTING FOR JANUARY 27, 1997 COUNCIL MEETING CHECKS ISSUED SINCE JANUARY 13, 1997 TO WHOM ISSUED PURFCSE DEPT OF NATURAL RESOURCES SNOWMOBILE CLASS BROWNING FERRIS JAN WASTE REMOVAL LEAGUE OF MN CITIES HANDBOOK OF MN CITIES MINNCOMM PAGING PAGER PEPSI COLA MISC ALAN ROLEK SEC 125 REIMB REBECCA TARVIN RINK SUPERVISOR SUPERAMERICA FUEL US WEST COMMUNICATIONS MIDWEST COCA-COLA MISC DAY DISTRIBUTING BEER/MISC EAST SIDE BEVERAGE CO BEER/MISC LEEF BRCS MATS MARK VII BEER/MISC MARLIN'S TRUCKING FREIGHT NORTH STAR ICE MISC PERA PERA ICMA RETIREMENT TRUST 457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID MN DEPARTMENT OF REVENUE STATE TAX A T& T LONG DISTANCE KATHLEEN HEBERT SEC 125 REIMB KLEVE HEATING REFUND MECHANICAL PERMIT BRADLEY NIELSEN SEC 125 REIMB NORTHERN STATES POWER UTILITIES JOSEPH PAZANDAK MILEAGE/FILM DEV PEPSI MISC TOTAL REGISTER SYSTEMS SUPPUES JOHN PAULSON REFUND JONATHAN T. MILLER ESCROW REFUND BELLBOY CORPORATION UQUOR BELLBOY BAR SUPPLY MISClSUPPLlES GRAPE BEGINNINGS, INC WINE GTE DIRECTORIES ADVERTISING GRIGGS, COOPER & CO L1QUORIWINE/MISC HONEYWELL PROTECTION QTRL Y MONITORING JOHNSON BROS LIQUOR L1QUOR/WINE LAKE REGION VENDING MISC PAUSTlS WINE COMPANY WINE PHILLIPS WINE & SPIRITS L1QUORIWINE/MISC QUALITY WINE & SPIRITS UQUOR/WINE TOTAL CHECKS ISSUED Page 1 AMOUNT $135.00 33.66 220.00 23.43 71.85 155.49 200.00 650.49 202.06 625.97 4,618.45 10,106.10 26.20 4,775.16 162.40 116.40 2,502.47 822.37 842.00 139.44 1,389.89 5.48 192.30 30.75 1,461.26 3,963.20 58.54 53.60 47.80 1,750.00 150.00 6,044.47 326.39 522.96 39.00 10,684.79 103.25 4,846.99 832.62 721.40 5,942.01 $32.49 ~JD CITY OF SHORE WOOD CHECf<, npi,)F~U\/nL. L. I ST i:::OF,~ JnN. 27, 1997 COUNCIL MTG CHECK~ VENDOR NnME DESCRIPTION DEPT. J~;r'10Ur'J,T ____,._._.__ __.__.___..______________.__._..__._ ._._..__.___._.__._.._..__...__._..w_._.______. -----.---- 20140 nBDO, ABDO, AND EICK 96 nUDIT SERVICES 96 nUDIT SERVICES 96 AUDIT SERVICES 96 AUDIT SERVICES 96 AUDIT SERVICES 96 nUDIT SERVICES *** TOTAL FOR ABDO, ABDO, AND EICK 20141 CARGILL. SALT DIVISION S(i,_ T 20142 CHnNHASSEN-CITY OF ANIMAL. CONTROL JUN-DEC 20143 CROSSTOWN~OCS. INC. COFFEE .)14,.1 }-:;~OT PIF,;Y CLUB 1ST GTF<' DUE;] Ll.J(1C:HE;:) FOF,' E)<CCLS I OF<~ F-~:OT(lh:Y ClU EXCCLSIOR *** TOT,:;L PROF SER 300.00 WATER DE 40.00 SEWER DE 40.00 -------- 40.00 -------- 40.00 -------- 40.00 :'00.00 S(101;.) 8< I ~; ;~ .l(~() ,~ -l~5 PF,~OT INS 7" 767,. <'}4 r1Ul",j BLDG (~(~l. '4 .5 [:3 (10M I (] (I D r/j I 1",j 40,.00 1 ()(., . 00 146.00 Ai)M:rN f:~E[S""1~~96A (~O BOND WA1"ER DE ::;,0,.1)1) 20145 F I h:;:) T (iF" 20146 GOPHER STATE ONE-CALL, IN ONE CALL SERVICE WATER DE 3.50 ONE C~ALl SERVICE S[~WER DE 3w50 *** TOTAL FOR GOPHER STATE ONE-CAL 7.00 2()147 GOVEF,,(]If'--iG ~::;IJDSCF I PT lOr",] 20148 HENNEPIN TECHNICAL CLG COMM VEH RECERT COURSE 20149 HOPKINS PARTS COMPANY :3 }..j () j:) ~:) Ll f:J F) L. I E: ::) VEHICLE t"if4Ir"lT . 201::.0 f<.ENNED''y' & ..1-, ~J, '.1, ~'l' ."" ..,... ToniL FOR HOPKINS PARTS COMPAN GF~f;VEN lEGAL SRVS-SALE OF 1996A 20,151 JOSSEY-BASS PUBLIS~iERS CARVER GUIDE BOOKS 20152 LK MTKA CONSERV.. DISTRICT 1ST QTR LMCD 20153 LEAGUE OF MN CITIES INS T WORKERS COMP F T r"](ir'J,CC 1:::.,.00 45 .. 00 C I T'y' G(lR' j::l LI E3 1/,,1 h. S ~; ~2 () .4 ,~::,::3 37.00 3.57 ,. ,5~:~ WfYrEF~ DE 2,118.. 5,1 COUNCIL. 60,,06 COUr"']C I L 4,207..58 r'1 U 1"'] BL.DG 2 <:j. 4 .. 00 909..00 20154 LEAGUE OF MN CITIES INS TINS-BOILER & ADDL. ENDORS MUN BLDG t1Ul",! GL. DC ~2l ,. ':::'(;t 20155 M C I TELECOMMUNICATIONS LONG DISTANCE 20156 MAC WAREHOUSE CL:;4F~I S HOr"iC P(lGE 20.15"7 AT&'l" W:IRELESS SERv:rCES (I I r;'T I r'/i::: (I I F~T I hE:: f;~ T r.?T I f'1E:~ l:~l I f:~~ 'r I ('! E ;~** 'TO'l'AL. F~()R A-l"&'l" WIR~~j_C33 Sf~~RVIC ::::015::~:; hT ('!('!:=::.:-::U '1'(.) DEPT OF: HE(:;il._TH 4TH C);'h' 1/.,1(lTCh: CCI(!(,! FEE Page 2 GEr',] GOVT 1()~2 >4 ').5 ~3EI;.!CF,~ DE P L I;~ r',! f"J, It',! G 11..21 17 ,.~.2 24,.79 P U ;3 II') f<' :-3 :2()... .!i I J.~5') '. E;:2 J,i.) f;; 'r E: r~: L) ~:~ 1 ;~ ?Z~::;,5 .. ()() CITY OF 3HOREWOOD CI"IEeK Aj:)PROVAL L..rS"l- F(JR JAN 27. 1997 COUNCIL MfG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -.--....-..--.... .......-..-.-.-........-..-.-.-..........-.-..--.-....,....,-.-..-.-. ....-.......-..-..-.-.--.--...-......-...----.-..-...-..-......-.- ....--.....-......---.- ._...._..~_._.._._.. _-- 20159 MTKA COMUNITY SERVICES 96 COMMUNITY EDUCATION PARKS & 2.090.00 20160 MUNITECH. INC. FEB MAINTENANCE j'" i::: I:::; f/i f~ I NT E (J (i NeE *** TOTAL FOR MUNITECH. INC. 20161 NAVARRE TRUE VALUE :3(:~LT 20162 NORWEST INVESTMENT SVS IN SR COMM CTR :21).1'::', ::~I ORR.SCHELEN~MAYERONjASSOC NOV ENG i".JOV ENG NO\l ENe:! i'..iOV EHG 1....!eiV Ei'.iG NOV Ef...JG i"-iO\;' ENG NOV Cr".iG f".lOV [i'.JG I".i 0 \/ E f".!G f'-.J() V E I...J G *** TOTAL FOR ORR.SCHELEN,MAYERONj .. 20164 ROBERT MCCONNELL PROD. VI DEO/ i3()OK. WATER DE 4,485.00 SEWER DE 2.415.00 6.900.00 MUf'-.J BLDCI 27 . 4~::, lE~, 771. 97 4.10.00 146.50 PFi:OJ[Crs .1 ~ .5:57 to .5() .12.000.00 <.l ~).1 ,~ :2 .:::1 l/hH E F.:' DE 46.1.00 J. _~::l :~ J~ f~:2; '4 .~'5 () 47..50 1,72.4.. (ll) ). ~ 3'::.4. ~ .~I() 1,571). (ll) :3', ~l ~ 8 S)~, ... 7 -:' COUi'-.JC I L. 1.1S} ..::;,0 1,440.00 20.165 RON BENTLEY CONSTRUCTION PLAYGROUND TIMBERS-BADGE -------- 20166 SATELLITE SHELTERS. INC WARMING HOUSE RENTAL .167 ~~:()llr:.,;::) ~;HOh~CI/,)OOD TFi:CE SERVICE TREE TRIMMING ~3C) L..h 1'1Tf<.(i PUi3 SAFCTY DEP FEG BUDGET 20169 TCMPORARIES-TO-GO TEMP RECEPTIONIST F:; () F~~ }{ ~3 ,~?{ :SlB.. 44 Th~EC f1(~I 104.::'::;, P()LICE P ~) (:~ ;s 7.1 f:;t ,. .~::I 2 GEt...J. GOVT 46.00 20170 TIME SAVER OFF SITE SEC MINUTES GEN GOVT 135.25 MINUTCS PLANNING 114.00 *** TOTAL FOR TIME SAVER OFF SITE 249.25 20171 TONKA BAY-CITY OF 4TH QTR WATER 4TH (lTF.:' SEI/.)C::h\ TB LIQ UTILITIES *** TOTAL FOR TONKA BAY-CITY OF 20172 TWIN CITY WATCR CLINIC WATER TESTING 20173 ZIEGL~~R~ IN(:M CUTTING EDGE3 ':{( ::{< ::{( TOTAL CHECKS FOR APPROVAL Page 3 WATER DE 295M67 SEWER DE 246.05 .-.-..----.-.- 310.35 ~3 E:l ~2 '. ()"7 WATER DE 20.00 C IT""" Gr-;R .l:~ 7 9:5 " 1:'\ '~:.; 1 :2.S ~ ::,:;,.1 " () :~5 CITY OF SHORE WOOD C}~ECK APPROVAL LIST ~:~DR JAN. 27, 1997 COUNCIL MTG CHECK~ VENDOR NAME DESORIPTION DEPT. AMOUNT __,'~_""'_"_"_' ...._.__.__._...._..____..__..___.._..M____.___ _~_____.__________.___.___._..__.__._ -"-'-'-'--"'-'-- .---,-,-,-...------ -:~c:~ct( TOTAL CHECK APPROVAL LIST 191,179.16 . . Page 4 C H r- C K F~ i::. G I f"' T r- R I::. ..:) I::. CHECl<. CHECK aiPLOYEE r!AME CHECK CHECK TYPE DATE Nut-mER NUMBER AMOUNT COt1 ., 2l 97 80 WENDY .... ANDERSON 2l.145l 600.22 ...L. ..:) .' COt1 .1 21 97 101 SCOTT M~ Br-1RTLETT 2l.1452 65.60 COM 1 2l 97 .1l0 CONt-HE D. B(;~STYR 2ll45::5 286.08 COM l 2l 97 ll5 U~\I~r~ENCE A. BFWv~N 2.1l4~,4 l433~.13 COt'i .1 21 97 l:,O HEATHER i' BLECHTA 2ll4.55 70~93 ,4 . COr1 l 2.1 ,97 32.5 Ai'H:1EU~ M. COLE 2l.1456 366~72 COf1 1 '"'1 97 3::;,0 THOM(~S f~ . DAHLBERG 2ll4.57 230.87 ...L. ..:!.- COM l 2l 97 375 JODI .., DALLMAi'! 211458 56.08 ;-{ .. COM l 2l 97 500 CHARLES f"' D~~\iIS 211459 957~84 ..:). COM l 2l 97 775 Ji'-'ir1ES C E:'-'iK I NS 211460 7l7.60 '. COM l 2l 97 870 KELLY P. FLANAGAN 2l146l 3l.7.S. COf1 l 2l 97 .1.100 JOHN J. GARFUNKEL 2.1.1462 184.70 COM 1 2.1 97 l.190 K.ATHLEEN ~i . I-IEBERT 2.1.1463 662~54 COM 1 2.1 97 .1400 PATRICIA R. HELGESEN 2.1.1464 6.17~45 . COf1 .1 2.1 97 l4l5 S H A v.Jr..j D. HEMPEL 2l.1465 2l9.55 COf1 1 2l 97 1550 JAr1ES C. HURM 211466 .174.1~69 COM .1 2.1 97 1601 BRIAN D. .JAKEL 2l.1467 .149.48 Cm1 .1 21 97 1700 .JEFFr~EY ~, .. .JENSa.j 2.1l468 .1.102. 42 COr"i l 2.1 97 l725 DOUGLAS G. .JESSa.j 2.11469 83.76 COM , 2.1 97 1800 DENNIS D. JOHNSOi'! 211470 834.95 ...L. COf1 .1 2.1 97 l810 JEFWMY W. .JOHNSON 2.1.147l l07.94 COM .1 2.1 97 .1840 P(~UL H. .JOHNSON 2.1.1472 79.44 COt1 .1 2.1 97 1950 Mf'1RTIN L. .JONES 2l.1473 64.l6 COf1 .1 2.1 97 2.100 '/HLLH)M F. JOSEPHSON 2.1.1474 632.94 Cm1 .1 2.1 97 226\0 BRIAN }<.. }{OHOUT 2.1l475 135.4.1 COf1' 1 2l 97 2500 SUSAN f1. LA TTEi~NER 211476 642.68 COt1 .1 2.1 97 2800 JOSEPH Cl LUGOI,I~SK I 2.1l477 .1046.98 I . COM 1 21 97 28r).5 .] f~ S or.l R. L U r-lD 2.1.1478 273..14 COM 1 21 97 2900 RUSSELL f~ . M?)i~FWN 2l.1479 32.35 COM .1 2.1 97 2930 JENNIFER T. MCCARTY 2.1.1480 182.5l COM .1 21 97 2990 TODD A. MORGI'-'iN 2.1.1481 72~33 . COM .1 2.1 97 3000 THERESf;~ L. Nf';AB 211482 689.37 COM .1 2.1 97 3050 ERIK NEWBERG 2.1.1483 .12.1..33 COM .1 2.1 97 3100 LAI,..ma.jCE A. i'H CCUM 211484 .1078.06 COM .1 2.1 97 3400 8RADLEY J. NIELSEN 2.1.1485 873.70 'COM .1 2.1 97 3415 GLEN A. OLSON' 2.1.1486 46.99 COM .1 2.1 97 3420 ROBIN S.. O'MEARA 2.1.1487 49.52 COM 1 2.1 97 3430 GERALD Pl.. 0" NEILL 211488 184.70 COM .1 2l 97 3500 JOSEPH ,- PAZAt~DAK 21.1489 .1086.47 1::.. COM l 2.1 97 3580 CHRISTOPHEr~ .J. POUNDER 2.1.1490 710.86 COM .1 21' 97 3.S92 SAMUEL D. Pf~EHALL 21149.1 2.18.62 COf1 1 2.1 97 3600 DANIEL J. R(~)Np(~LL 2.11492 .1130.83 COM l 2.1 97 3701 8R I i~)N M. FWERICK 2.1.1493 71.53 Cor1 1 2.1 97 3800 ALf-)N .J ~ I~OLEK 211494 1142.83 COM l 21 97 3825 JOHN E.. Si; YEI~ 2.11495 2'7.. "'~)3 COi"1 .1 2.1 (:i'7 3900 CHRISTOPHER ,- SC:HMID 21.1496 4'::\.5..88 I::' .. C011 1 2l 97 3910 R CONr~f~D S:CHt1ID 2.11497 ~1-1 .. .52 COi'1 .1 21 97 4500 l<.r;~ 1ST I STOVEi';( 21.1498 184.70 COf'1 l 2.1 97 4577 Pr~MELi; T. TUi~NQUIST 211499 573.75 COM 1 21 97 4750 R{~LPH (..) ... IfoiEHLE 211500 6.5':) .. 8c'o *;{,*::t: TelT r;L3*;~*:i' 23()38 ,. f~,9 l)"~~ c: