042897 CC Reg AgP
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, APRIL 28, 1997
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:30 P.M.
Immediately following the regular portion of the meeting, the Council will convene in
Work Session format. No action will be taken at this time.
AGENDA
1 . CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Dahlberg _
Stover _
McCarty _
O'Neill
Garfunkel
B. Review Agenda
C. Presentation of Plaque to Sandra Trettel
2 . APPROV AL OF MINUTES
A. City Council Work Session Minutes April 7, 1997 (Att.-#2A Minutes)
B. Board of Review Reconvened Meeting Minutes April 14, 1997 (Att.-#2B
Minutes)
C. City Council Regular Meeting Minutes April 14, 1997 (Att.-#2C Minutes)
D. City Council Executive Session Meeting Minutes April 14, 1997 (Att.-#2D
Minutes)
3 . CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt
Resolutions Therein:
A. A Motion Authorizing a Contribution to Excelsior Chamber of Commerce
for Fourth of July Celebration (Att.-#3A Letter of Request)
B. A Motion to Adopt a Resolution Approving a Temporary Gambling License
for Storefront / Youth Action Group (Att.-#3B Letter or Request &
Proposed Resolution)
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
5 . FRIENDS OF THE SOUTHSHORE SENIOR COMMUNITY CENTER
- ANNUAL REPORT (Att.-#5 Report)
6. PLANNING - Report by Representative
A. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback
Variance and Variance to Expand a Non-conforming Structure (Att.-#6A
Planner's Memorandum)
Applicant: Rocky Waldin
Location: 5755 Merry Lane
CITY COUNCIL AGENDA -
PAGE 2 OF 2
B. A Motion to Adopt a Resolution Approving a Simple Subdivision (Att.-#6B
Proposed Resolution)
Applicant: D. Carter, Tradewinds Concepts & Design representing
Lisa Klaverkamp
Location: 23585 Yellowstone Trail
C. A Motion to Adopt a Resolution Approving a Simple Subdivision /
Combination (Att.-#6C Proposed Resolution)
Applicant: Don Blumberg
Location: 23820 Lawtonka Drive
7 . CONSIDERATION OF A MOTIONS REGARDING CHAPTER 302
OF THE MUNICIPAL CODE PROVIDING FOR SALE OF
CIGARETTES
A. A Motion to Adopt an Ordinance Amending Chapter 302 of the City Code
Providing for Sale of Cigarettes (Att.-#7 A Staff Memorandum and
Proposed Ordinance Amendment)
B. A Motion Authorizing Submittal of FDA Tobacco Regulation Preemption
Waiver Application (Att.-#7B Staff Memorandum & Application for
Preemption Waiver)
8 . CONSIDERATION OF A MOTION TO APPROVE A REQUEST BY
SPRINT SPECTRUM TO APPLY FOR A CONDITIONAL USE
PERMIT TO LOCATE ANTENNA ON MINNEWASHTA WATER
TOWER (Att.-#8 Letter of Request)
9. CONSIDERATION OF A MOTION TO APPROVE A REQUEST BY
NEXTEL TO APPLY FOR A CONDITIONAL USE PERMIT TO
LOCATE ANTENNA ON MINNEWASHTA WATER TOWER (Att.-#9
Letter of Request)
10. ADMINISTRATOR & STAFF REPORTS
Staff Report on Development Monitoring
11. MAYOR & CITY COUNCIL REPORTS
A. Report on April 16 Coordinating Committee Meeting (Att.-#11A 1996
Financial Report)
B . Discussion on Addition of Regular Work Session Meeting to Council
Calendar
12. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF
CLAIMS (Att.-#12)
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A
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Date:
4/28/97
To: Mayor and City Council
Prom: James C. Hurm, City Administrator
Subject: Measuring effectiveness of communications
Although the City Council has indicated a preference for telephone surveys, I have drafted
an initial document for a mailed survey. It will be easy enough to change formats.
I suggest we do a survey in July. This will offer insight as to how people have been
communicating with City Hall. It will tell us how they prefer communicating with City
Hall.
This is just one suggestion. Please feel free to offer other suggestions. You might like to
ask a professional to review and make suggestions. This can be discussed as time allows
at a work session.
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Attachments
Help us at City Hall to learn the best ways to communicate to you. Also help us learn about your favorite ways
of communicating to us.
Please fill out this questionnaire, fold it with the postage paid return to City Hall fold exposed, tape and return to
us. Thank you for vour help.
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Call the "Shoreline" (voice mail)
Feedback Forms
Fax
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U.S. Mail
Fill Out Surveys_on Issues
Talk to City Councilmembers I Commissioners
Return Annual Service Evaluation Survey
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Official Notices
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gi_ty_f\J_e_~_sl ~~ter__m_m____________________________ _m______ _____________________________________________________
Broch':lres on Speical Topics
Direct Mailing
E-Mail
Talked Face-to-Face with City Councilmembers I
Commissioners I Staff
Fax
~ewspaper Article
Spe_cial Information Meeting
Special Information Letter
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HomeJ'ag~ I Web Site
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Cable Access & TV "Roledex"
!hJ"ol!gh Neighborood Newsletter I Meetings
Teleohone Reminder from Citv Hall
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CITY COUNCIL WORK SESSION
CITY OF SHOREWOOD
MONDA Y, APRIL 28, 1997
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
FOLLOWING REGULAR
MEETING
AGENDA
1 . CONVENE WORK SESSION
A. Roll Call
B . Review Agenda
2 . DISCUSSION OF POLICE CONTRACT RENEWAL
3. DISCUSSION OF CITIZEN PARTICIPATION AT COUNCIL
MEETINGS AND OPEN FORUMS
4 . DISCUSSION OF MEASURING EFFECTIVENESS OF
COMMUNICA TION EFFORTS
5 . ADJOURN
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JOINT AND COOPERATIVE AGREEMENT
RELATING TO THE EMPLOYMENT OF
POLICE CHIEF & POLICE OFFICERS
SO AS TO PROVIDE FULL-TIME
POLICE PROTECTION FOR THE CITIES
OF EXCELSIOR, GREENWOOD, SHOREWOOD
AND TONKA BAY COMMENCING
JANUARY I, 1998
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The parties to this Agreement are municipalities of the State of
Minnesota which have- the responsibility for providing for law
enforcement within their respective cities so as to enforce the
ordinances of these cities and the laws of the State of Minnesota.
This Agreement is made pursuant to Minnesota Statutes, Section
471.59.
Section 1
General Purpose
The general purposes of this Agreement are to provide for the
employment of a full-time chief of police to act on behalf of the
parties to this Agreement, and to provide said person with such
assistance in the form of police officers, equipment and supplies
as may be necessary so as to provide the parties with law
enforcement services in the discharge of the duties imposed upon
said municipalities to protect the health and welfare of their
citizens and property located within their cities. It is the
opinion of the parties to this Agreement that joint action in
employing and creating a j oint police force to serve the four
communities will result in a higher standard of police service,
closer control of the police force by the municipalities it serves,
and in the long run more efficiency and financial savings to the
communities.
Section 2
Definition of Terms
For the purpose of this Agreement, the terms in this section shall
have the meanings given them.
a. "Committee" means the organization created under this
Agreement, the full name of which is the "Coordinating
Committee for South Lake Minnetonka Public Safety."
b. "Committeeman" means a member of the committee. There
shall be one committeeman from each governmental unit which is
a party to this Agreement, which committeeman shall be the
mayor of said governmental unit. An alternate may be
appointed to serve when the mayor is unable to attend the
meetings of the committee.
c. "Council" means the governing body of the governmental
unit which is a party to this Agreement.
d. "Governmental unit" means a city or municipality.
e. "Original party" means a governmental unit which elects
to become one of the original parties to this Agreement.
2,
f. "Later party" means a governmental unit which enters into
this Agreement at some time after the Coordinating Committee
is originally constituted.
g. "Party" means governmental unit which enters into this
Agreement.
h. "SLMPSD" means the "South Lake Minnetonka Public Safety
Department", which shall be the name of the police force
created hereunder.
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i. "Demand" means the number of hours spent by officers
while on duty in an individual city, or on matters originating
out of an individual city. Hours spent by officers not
attributable to anyone city shall be apportioned to all of
the cities based upon their other demand. All hours shall be
recorded and kept by each officer and shall be compiled by the
chief of police on a monthly basis to determine the percentage
of total police man hours attributable to the various cities.
Officer time spent at the police station shall not be charged
to the city in which the station is located unless the officer
is specifically assigned to cases originating in that city.
Section 3
Membership
Parties to this Agreement are the City of Excelsior, the City of
Greenwood, the City of Shorewood and the City of Tonka Bay. Any
other governmental unit adjacent to anyone of said cities may
become a later party to this Agreement upon consent of the parties
to this Agreement.
Section 4
Governing Body
Subdivision 1. The committee, consisting of one committeeman from
each party, shall be the governing body. Each committeeman shall
have an equal voice in the affairs of the committee.
Subdivision 2. The person holding the office of mayor of a party
to this Agreement shall be a committeemen and serve on the
committee as representative of said party; an alternate
committeeman may be appointed by the council of each party from the
members of said council to serve for a term of one calendar year
and represent said party on the committee in the absence of the
mayor; the committeeman and alternate shall serve without
compensation from the committee.
Subdivision 3. A majority of the committeemen shall constitute a
quorum at meetings of the committee.
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Subdivision 4. A vacancy on the committee shall be filled by the
council of the parties whose position on the committee is vacant.
No committeeman shall be eligible to vote in behalf of his party
during the time that such party is in default on any financial
payment required to be paid under the terms of the Agreement nor
shall the vote of such party be counted for the purposes of
determining a quorum.
Section 5
Execution of Agreement
Meetings, Election of Officers
Subdivision 1. Each party shall execute this Agreement through its
proper officers by authority conferred by the governing body of the
governmental unit. The clerk of such parties shall duly file an
executed copy of this Agreement with the clerk of each of the other
parties with a certified copy of the Resolution.
Subdivision 2. Business of the committee shall be conducted
according to the Roberts Rules of Order and a Chairman shall be
elected. Regular meetings of the committee shall be held once each
quarter as follows: The second Wednesday of January, the second
Wednesday of April, the second Wednesday of July, and the second
Wednesday of October. The purpose of the regular meetings shall be
to set budgets and review expenditures. Special meetings shall be
at the call of any committeeman; notice of such a meeting shall be
sent to the clerk of the parties to this Agreement and shall be
mailed at least three days prior to the date of the meeting.
Section 6
Powers and Duties of the Committee
Subdivision 1. The powers and duties of the committee shall
include the powers set forth in this section.
Subdivision 2. It shall establish qualifications and duties for
the position of chief of police of the parties.
Subdivision 3. It shall hire said person to act as chief of police
for the parties at such salary and in accordance with such terms
and conditions of employment as it shall determine.
Subdivision 4. It shall provide office space, equipment and
supplies as necessary to accomplish the duties and responsibilities
of law enforcement within the boundaries of the parties.
Subdivision 5. Upon recommendation of the chief of police, the
committee shall approve the employment of such other persons to
assist the chief of police as is required for the purpose of
creating a full-time police force to enforce the ordinances and
laws of the State of Minnesota wi thin the boundaries of the
parties.
4.
Subdivision 6. It shall make a financial accountin~~r~~~tS?
the parties at least twice each year. All of its books, repd~t~
and records shall be available for and open to examination by the
parties at all reasonable times.
Subdivision 7. It shall designate a deputy chairman from among the
committeemen; it shall designate and appoint a clerk-treasurer to
serve the committee who need not be a member of the committee.
Subdivision 8. It may accumulate reasonable reserve funds for the
purposes as herein provided and it may invest funds of the
committee not currently needed for its operations in a manner and
subject to the laws of Minnesota applicable to cities.
Subdivision 9. It may collect monies from parties subject to this
Agreement. It may recommend changes in this Agreement to the
parties which shall be effective; however, only upon agreement of
the governing bodies of all parties.
Subdivision 10. It shall exercise general supervision over the law
enforcement and standards of law enforcement for the parties.
Subdivision 11. The committee shall have the authority to approve
the recommendations of the chief of police to discipline or
terminate employment and authority of any employee, sworn and non-
sworn, all subject to and in accordance with the laws of the State
of Minnesota.
Section 7
Financial Matters
Subdivision 1. Except as otherwise provided herein, the committee
funds may be expended by the committee in accordance with
procedures established by law for the expenditure of funds by
Minnesota cities. Orders, checks and drafts shall be signed by at
least two persons, who shall be designated by resolution of the
committee, one of whom shall be the clerk-treasurer. Other legal
instruments of the committee shall be executed by the Chairman as
designated by the committee. During the absence or disability of
any of the officers designated to sign checks, drafts and other
legal instruments, their alternates may execute the same as
authorized by the committee.
Subdivision 2. The annual dollar contribution of each of the
original parties toward payment of the cost of law enforcement in
each of the budget years shall be determined on the basis of
Demand.
The Demand figures for each year shall be determined by multiplying
the approved budget for each year by the percentage of Demand of
each of the parties as calculated from the records maintained by
the chief of police. Demand will be based on a five year average
of the parties.
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The maximum annual budget shall be set by each city determining t~e F
number of dollars it proposes to pay for police protection. This
figure shall be converted to percentage of budget contribution and
the lowest total budget so computed shall thereupon be the
established budget for the calendar year. If no determination is
reached on budget matters by September 1st of each year, then the
total budget amount shall continue at the previous year's level.
. .
Section 8
Duration
Subdivision 1. This Agreement shall take effect January 1, 1998
and shall continue through December 31, 2002 or, thereafter, from
year to year. None of the parties shall withdraw from this
Agreement prior to December 31, 2002. Withdrawals on that date may
be accomplished by the party filing notice with the clerk-treasurer
of the committee by August 1 of that year, giving notice of
withdrawal as of the end of that year. In such case, financial
obligations shall continue until the effective date of withdrawal.
Subdivision 2. Cash assets and proceeds from non-cash assets held
by the committee at the time of dissolution or withdrawal of any
party to this Agreement shall be dividea--and distributed to the
parties in proportion to the contributions made by the parties to
the total cost of law enforcement during the period of this
Agreement. If the cities can not agree with respect to th& value
of non-cash assets, two appraisers will be selected by the
committee to appraise the non-cash assets. The two appraisers so
selected will select a third appraiser. The values as determined
by a majority of the appraisers shall be attributed to the non-cash
assets in question.
Subdivision 3. As an exception to the prov1s1on of subdivision 1,
in the event the corporate existence of a party is terminated, or
a party is consolidated with another municipality not a party to
this Agreement, then the obligations of such party hereunder shall
cease as of the effective date of such termination or
consolidation. If said effective date shall occur at a time other
than the end of a budget year, the withdrawing party's financial
obligation for the budget year in progress at the time of said
effective date shall be pro-rated for such budget year as of said
effective date. The withdrawal of a party under this subdivision
shall not automatically terminate this Agreement or the obligations
of the remaining parties. Following such a withdrawal the
percentage of the approved budget payable by each of the remaining
parties for each ensuing budget year during the term of the
Agreement shall be adjusted such that each party's percentage
remains in the same proportion to that of the other remaining
parties as originally established under Section 7 hereinabove;
accordingly, the adjusted percentage for each remaining party shall
be calculated by dividing a party's percentage, as hereinabove set
forth in Section 7, by the sum of the percentages of all remaining
parties.
.
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In the event of withdrawal of a party under this subdivision the
remaining parties will establish a new budget for the remainder of
the year pursuant to the provisions of Section 7, Subd. 2
hereinabove.
Section 9
Officers and Employees
Subdivision 1. The chief of police employed by the committee shall
serve as chief of the parties hereto and he shall have the
following duties and be invested with the following authority:
1. He shall be in full and complete charge of all personnel
matters and employees of the department including sworn and
non-sworn.
2 . He shall set and determining degree of service and
standards of performance of police officers and non-sworn
employees.
3. He shall be in complete charge of all matters relating to
law enforcement and to its administration, including
assignment of duty and responsibilities to all employees.
4 . He shall act for the commi ttee in interviewing and
considering applications for employment of all employees, and
he shall make his recommendation to the committee of the
person who in his judgment is best qualified to fill any
employment vacancy.
5. He shall act for the committee in disciplining employees,
sworn and non-sworn.
6. He shall be the committee's representative on labor
grievance matters, and he shall recommend to the committee all
action which in his opinion is appropriate to be taken to
discipline officers or to discharge officers. Such
recommendations shall be in accordance with the laws of the
State of Minnesota and outstanding contractual agreements
governing the same.
Subdivision 2. The chief of police shall be responsible for
developing from time to time new job description for various
positions within the department he deems necessary for the
efficient operation of the department.
Subdivision 3. It shall be the duty and responsibility of the
chief of police to communicate directly with the respective
councils of the member cities in the event he deems it necessary to
receive direction on any matter arising out of or involving the
jurisdiction of any particular council.
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Subdivision 4. All police officers employed by the committee,
including the chief of police, shall enforce and be provided
authori ty to enforce the laws of the parties to this Agreement
through proper action of the council of said parties. The
committee shall assume all obligations with regard to Worker's
Compensation, PERA, wLthholdingtax~ in~l1ri'lnce; llninnnegnrii'lt:inns,
fringe benefits, Social Security and the like for all employees
including the chief of police and all police officers assigned to
assist him in the performance of law enforcement duties within the
boundaries of the parties hereto.
Section 10
Prosecution - Violation of Ordinances and Laws
The respective parties to this Agreement shall be responsible for
and pay the cost of all prosecutions for violations occurring
within their respective boundaries which are subject to prosecution
by a party's municipal attorney, including expenses incurred by
reason of police officers making their services available for court
appearances in such prosecutions. All returns of fines from
district court shall be the sole property of the party in whose
jurisdiction the offense occurred.
IN WITNESS WHEREOF, the Cities of Excelsior, Greenwood, Shorewood
and Tonka Bay have caused this Agreement to be executed in their
behalf by their proper officers duly autnorized by resorution of
their respective city councils.
IN PRESENCE OF:
CITY OF EXCELSIOR
By
Mayor
As to City of Excelsior
City Manager
Date
CITY OF GREENWOOD
By
Mayor
Clerk
As to City of Greenwood
Date
. MAYOR
Tom Dahlberg
CITY OF
SHOREWOOD
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB. ROAD · SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128' www.state.net/shorewood' cityhall@shorewood.state.net
Executive Summary
Shorewood City Council Meeting
Monday, April 28, 1997
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, Please come to the City Council Chambers at 7 :00 p.m. for a Council photograph.
-.. Agenda Item #1 C: Sandy Trettel will be at the meeting to receive a plaque for her service on the Park
, <. Commission and as the chair of our park festival two years ago.
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Agenda Item #3A: The City of Shorewood has budgeted $1,000 to go toward the Excelsior Fourth of July
Fireworks in previous years. That amount was again budgeted in 1997. The motion would be to
authorize the contribution.
Agenda Item #3B: This resolution provides a temporary license to conduct a raffle in conjunction with the
Store/Front Youth Action fourth annual benefit golf tournament at Minnetonka Country Club on
August 18.
Agenda Item #5: The Friends of the Southshore Senior Community Center are to report on the financial
activities on an annual basis. Their fIrst annual report and their financial report are included in the
packet for your information.
Agenda Item #6A: Mr. Rocky Waldin was granted approval of a setback variance to expand his
nonconforming house, with the exception of a porch area, in 1990. He did not build the addition at
that time and the variance approval expired. Mr. Waldin is now ready to build and is requesting a
variance for the same plans. The Planning Commission voted 4/1 to approve the variance, again with
the exception to the porch.
Agenda Item#6B: Lisa Klaverkamp, represented by D. Carter of Tradewinds Concepts & Design is
requesting approval of a simple subdivision for two lots in the R-1C, Single-Family Zoning District.
Both lots comply with the district requirements and the applicant has met all staff recommendations.
Approval is recommended.
Agenda Item #6C: Mr. Don Blumberg would like to add a screen porch to his townhome on Lawtonka
Drive and is requesting approval for a lot line adjustment in order to do so. His neighbors have
unanimously consented to his adjustment of the plat. Approval is recommended.
Agenda Item #7 A: In review of the files it was noted that Ordinance 230 regarding the sale of cigarettes
was adopted by the City Council on August 17, 1990, but was never signed. We also do not have
proof of publication. This ordinance amendment reaffIrms the action taken by the Council in 1990.
A Residential Community on Lake Minnetonka's South Shore
Agenda Item #7B: This is an application for a preemption waiver to the FDA regulations on tobacco sales.
The advantage to applying for this waiver is that the City would retain the State guidelines thus
providing for a more uniform enforcement policy.
Agenda Item #8 & 9: Because both Sprint Spectrum and Nextel are requesting to apply for permission to
place antennas on Shorewood property, a motion authorizing them to make application is in order.
Following the regular Council meeting, should there be time, a work session has been noticed to discuss
the police contract, citizen participation and measuring communication efforts.
.
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CITY OF SHOREWOOD
WORK SESSION MEETING
MONDAY, APRIL 7, 1997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
DRAfT
Mayor Dahlberg called the meeting to order at 7:34 p.m.
A.
Roll Call
Present:
Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel;
Administrator Hurm; Planning Director Brad Nielsen; Engineer Larry Brown;
Finance Director Rolek; Planning Commissioners Turgeon and Pisula; Attorney
John Dean.
.
B . Review Agenda
The agenda was approved as presented.
2. DISCUSSION ON 1997-2001 CAPITAL IMPROVEMENT PROGRAM
A. Municipal Water System
Commissioner Turgeon explained the history of the discussions held and actions taken by the
Planning Commission relative to the municipal water system.
.
Councilmember Garfunkel did not feel there is a majority of support for the municipal water
system based on his review of the survey which was completed in 1991.
Mayor Dahlberg felt there to be indications the demand for the water system is, at a minimum,
limited. He felt to some extent the election was a referendum on water. Councilmember McCarty
noted her disagreement. She further noted there had been comments made at the Board of Review
in which residents stated they could understand an increase in their property valuations if municipal
water were available since it is an amenity.
Councilmember McCarty stated the Council needs to look long-term at what is best for the City
rather than individual people. She felt the Council should discuss the subject in practicalities as
opposed to philosophically.
Mayor Dahlberg felt there to be three questions to be addressed relative to the municipal water
system: (1) is there a demand for municipal water; (2) can the municipal water system, as it exists
today, be financially managed; and (3) can the system be expanded on the basis of demonstrations
of demand in certain neighborhoods and managed successfully from a financial point of view. He
suggested proceeding toward the question of how to financially manage the system if it were to be
expanded on a piece-meal basis.
Finance Director Al Rolek explained the original 1995/96 Water Cash Flow Analysis in detail.
Councilmember Garfunkel inquired what dollar amount has been collected on trunk charges where
property owners will not have access to water in the foreseeable future. Rolek stated no
assessments had been levied at this point. Nielsen pointed out there have been three or four
property owners who have petitioned to have water assessed.
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CITY COUNCIL WORK SESSION MINUTES
APRIL 7, 1997 - PAGE 2
Hurm stated there is no consideration of inflation for revenue or expenses reflected in the ending
cash balances. Rolek noted the analysis simply reflects cash flow and does not take into
consideration depreciation or future replacement of the system. Depreciation, including all new
improvements, would be approximately $130,000 per year.
Rolek explained there is presently a retained earning deficit which will remain under the various
scenarios since the revenues are not sufficient to cover all of the noncash expenses.
Scenario 1
Finance Director Rolek reviewed the assumptions which were made under this scenario. He noted
the scenarios assume there has been no assessment of the costs of the project. He pointed out the
beginning cash balance does not reflect the prepayment of assessments.
Commissioner Turgeon inquired if water treatment equipment would become necessary for the
western well. Brown stated if deemed necessary that would be a project which would need to
stand on its own merit. It was noted under this scenario the City would begin to go into a deficit in
the year 2003 and this would continue.
Rolek pointed out new developments would be assessed $10,000 per unit consisting of a $5,000
trunk charge and a $5,000 water assessment.
.
Scenario 2
This scenario assumes 10 percent of the lots would be hooking up. At the time of the hook up,
they would pay $5,000. This assumes 10 percent will hook up over ten years. Hurm noted
inflation is not included for expenses or revenues. The City would begin to go into a deficit in the
year 2004.
Scenario 3
This scenario is similar to Scenario 2 with additional antenna revenue being assumed in this
scenario. A new antenna is projected in 1998 and 1999. The City would go into a deficit in the
year 2006.
Scenario 4
.
This scenario considered a 7 percent hook up as opposed to a 10 percent hook up based on the
assumption that approximately 50 percent of the housing stock will turn over every seven years
resulting in new residents. Under this scenario, the City would begin to go into a deficit in the
year 2004.
Councilmember Stover inquired whether petitions had been considered in this scenario and Rolek
stated they had not.
Scenario 5
Scenario 5 is similar to Scenario 4, however assumptions were made in an effort to recover from
the deficit. Alternatives considered in which additional revenue could be derived in an effort to
recover the deficit include additional annual antenna rental revenue, transfers from other funds, and
possibly some internal borrowing if available.
CITY COUNCIL WORK SESSION MINUTES
APRIL 7, 1997 - PAGE 3
Councilmember O'Neill inquired if there would be legal challenges from people who had been
assessed if the assessment process were to cease. Attorney Dean explained there would be an
issue of people on the line of projects who chose not to hook up and who would be subject to a
connection charge when they ultimately do hook up. Rolek stated that would include
approximately 35 homes.
Mayor Dahlberg questioned whether or not Scenarios 1 through 5 exclude the 1995-1996
assessments. Rolek explained that would be true for existing lots. Scenario 1 excludes the
assessment for existing lots, however, new developments would be assessed.
Mayor Dahlberg requested a scenario in which the 7 percent plus the 1995-1996 assessments are
left in place. He felt hook ups should be voluntary. Hurm stated this would be very similar to the
original analysis.
Councilmember O'Neill questioned whether the Council wants to pursue this matter. He stated he
would be willing to table it, but did not want to spend a significant amount of time on this issue.
He did not feel there to be a quorum to warrant further discussion at this time.
.
Councilmember Stover felt the assessment to be a reasonable price based on projections she has
seen over the years. She noted the system is in place and needs to be paid for and this is the best
way to pay for it.
Councilmember O'Neill commented at some future time a bank could require the hook up to
municipal water prior to considering a loan and the property owner could at that time be subject to a
much higher assessment based on the actions of some future Council.
Mayor Dahlberg stated he would like to have the other scenario reviewed. He remarked he did not
feel scenarios 4,5, and 6 were bad models. He further remarked he had campaigned on the idea of
making the system voluntary. Councilmember McCarty commented the Council needs to do what
is best for the City.
.
Mayor Dahlberg stated from an ethical point of view, the Council is obligated to do its best to look
at that policy because he felt it to have been a campaign promise. Councilmember O'Neill stated he
had not made that promise and did not campaign on that theory nor did he express that opinion.
Councilmember Stover noted many campaigners make promises until they find out why it cannot
be done.
Councilmember McCarty commented the Council needs to do the best for the City rather than what
is best for the people who voted for the councilmembers. She stated she would hope what is
ethically right would be done for them as well, however, she would not support a deficit.
Councilmember Garfunkel remarked if something came out that made fmancial sense, he would
consider it. Councilmember McCarty stated she will not compromise the fmancial stability of the
City.
Mayor Dahlberg felt the idea that Scenarios 4, 5, and 6 are not necessarily viable would be a
controversial issue. Councilmember O'Neill remarked on the potential for lawsuits and stated if a
plan that works or has potential to work is presented, he will consider it. He felt that to be the
opinion of four out of five of the councilmembers. Councilmember O'Neill did not feel Mayor
Dahlberg had considered the legal issues and the issue with rebating everyone in Shorewood who
has been assessed. Mayor Dahlberg wanted to ensure all the issues are brought forth for
consideration.
CITY COUNCIL WORK SESSION MINUTES
APRIL 7, 1997 - PAGE 4
Mayor Dahlberg suggested moving on to the question of whether the Council can agree on some
extremely clear policy about the system, articulating that policy and then passing it on to staff so
they have a clear picture of what the objective actually is. Mayor Dahlberg felt it to be a clear cut
objective to make the water system as voluntary as possible.
Mayor Dahlberg suggested discussing the possibility of selling off parts of the system. Hurm
explained this had been considered and was unsuccessful.
One consideration was to keep the system voluntary by not installing more lines unless there is a
demand for them. Commissioner Turgeon felt this would be pitting neighbors against each other.
Councilmember Stover did not feel the petitioning process happens very often, however, she felt a
basic policy should be in place. Engineer Brown commented the priority of the implementation
plan was to interconnect the system. Since a limited amount of trunk main has been completed, it
will be difficult for various neighborhoods to request water and still be able to afford the trunk
cost. Brown felt it would be highly unlikely any neighborhood would pursue that route.
Mayor Dahlberg recommended the Council could either embody objectives relative to how the
system is expanded or the Council could adopt a policy keeping the system voluntary. As a .
practical matter, the City needs to have a policy relative to expansion of the municipal water
system.
Hurm stated this could be further considered at a work session relative to the Comprehensive Plan.
Councilmember O'Neill felt this would be similar to using the prior policy. Mayor Dahlberg
inquired relative to the preference on the part of the Council to leave the 1995-1996 assessments in
place despite the fact there are differing opinions relative to this issue.
Hurm commented on the removal and replacement of the Badger Well building. Brown stated the
building does not meet code and is somewhat deficient. It would be replaced with a smaller
building. (Planning Commissioners Pi suI a and Turgeon left at this time.)
B . Parks and Trails
Administrator Hurm commented on the Park Capital Improvement Plan which the Park
Commission has recommended approval of. With respect to the asterisked items such as sod and .
seed for the football field, it was noted some donations are expected. Hurm noted the asterisked
items have been rebudgeted because they were not completed in previous years.
Mayor Dahlberg recessed the meeting at 9:20 p.m. and reconvened at 9:31 p.m. (Attorney Dean
left at this time.)
C. Storm Water
Mayor Dahlberg noted there will be a meeting with five of the six South Lake Minnetonka mayors
relative to a regional storm water management plan.
Brown stated there will be a strong commitment from the Watershed District in addressing a storm
water management plan. Mayor Dahlberg inquired if the Watershed District is an enforcement
officer for rules which are established by the legislature as opposed to being a regulatory agency
which establishes regulations. Brown stated that legislative rules mandate there be a storm water
management plan. The Watershed District's charge is to decide how to manage that district.
CITY COUNCIL WORK SESSION MINUTES
APRIL 7, 1997 - PAGE 5
Mayor Dahlberg stated an issue which arises in an enforcement situation is whether the agency is
clearly interpreting the law.
Planning Director Nielsen pointed out that Glen Road is an opportunity to solve a problem and
possibly expand solutions to other nuisance type ponding situations which currently exist. The
Capital Improvement Program identifies the Glen Road and Grant-Lorenz projects as two larger
projects to be addressed.
Councilmember Stover inquired whether this regional storm water management plan would
alleviate the water problem in Shorewood. Nielsen stated the Watershed District is looking at a
total volume of clean water which would represent money better spent than requiring the smaller
NURP ponds. Councilmember Stover questioned whether this would help solve the water
drainage problems on Glen Road. Nielsen confirmed it would.
Brown stated one of the larger expense items is the aerial photography. He explained he is
currently looking for alternatives to this such as obtaining information from other agencies such as
the DNR or Hennepin County.
.
Brown noted there are three steps to the aerial photography which include surveyors going out and
setting points of elevation, conducting a flight, and then putting the flight into contours. The
contours would be the expensive portion of the project. He explained for $5,000 to $6,000 a flight
date can be earmarked. The aerial contouring can then be completed at a future date.
Brown asked for input on how to proceed if alternatives cannot be secured. Councilmember
O'Neill stated his belief the storm water management plan needs to be addressed.
Brown reported some drainage issues have been addressed, however, there are a number which
remain. Brown believes an active role must be taken in first concentrating on cleaning out and
establishing the major drainageways within the City. After this has been completed, the smaller
issues and complaints can be dealt with. He stated his goal would be to establish primary
drainageways and set out a plan to address those issues first.
~urm suggested funds could be transferred from the street fund to address some of the drainage
Issues.
.
Councilmember Stover stated she did not want to lose track of the smaller complaints which could
readily and easily be resolved. Brown stated there have been a number of complaints which have
been resolved with quick and easy fixes.
Relative to watermain and Watershed District issues, Brown commented he could see a justification
in using roadway funds to address these complaints.
Councilmember O'Neill stated he would like to proceed on a storm water management plan as
quickly as possible. Mayor Dahlberg stated he would like to proceed with the entire plan and
would like a plan from Brown on how to solve the problems which arise with individual home
owners.
Brown felt the Watershed District would entertain the idea of using Glen Road as an offset to
Strawberry Lane which is deteriorating very rapidly. Hurm stated there has been discussion
relative to a public information meeting relative to this issue.
CITY COUNCIL WORK SESSION MINUTES
APRIL 7, 1997 - PAGE 6
Councilmember McCarty noted there is a speed problem on Strawberry Lane and the residents
prefer a more bumpy surface as a control mechanism. In addition, she did not feel the residents of
Strawberry Lane would be in favor of curb and gutter. Brown suggested moving ahead on
Strawberry Lane with a pavement reclamation project.
D . Sanitary Sewer
This agenda item was not considered due to the lateness of the hour.
3. ADJOURNMENT
Mayor Dahlberg moved, Stover seconded to adjourn the work session meeting at
10:30 p.m. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial
.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
.
CITY OF SHOREWOOD
BOARD OF REVIEW
MONDA Y, APRIL 14, 1997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. RECONVENE BOARD OF REVIEW
DRAfT
Mayor Dahlberg called the meeting to order at 7:02 p.m.
A.
Roll Call
Present:
Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Rolf
Erickson, City Assessor; and James Hurm, City Administrator
B.
Review Agenda
.
The agenda was approved as presented for April 14, 1997.
2 . APPROVAL OF MINUTES
A Motion to Approve the Board of Review Meeting Minutes - April 2, 1997
The Board of Review Meeting Minutes for April 2, 1997, were approved as
amended on Page 4, Sentence 1, change "Brent" to "Brett."
3. CONSIDERA TION OF A MOTION REGARDING CITY ASSESSOR'S
RECOMMENDATIONS
.
William Wicka, 27930 Smithtown Road, PID 31-117-23-34-0001, appeared and
stated he did not feel the valuation of his home was correct. A 5,000 square foot house in the
neighborhood which was newly remodeled sold for something less than $640,000. In addition,
the neighboring home is located on a lot which is three to four times larger. This home sold for
$405,000. The seller then purchased a home located on an acre lot on the other side of Smithtown
Bay for $745,000. He noted the home to consist of 5,500 square feet and is approximately 7 years
old. Mr. Wicka stated the work to his home is strictly cosmetic and the basement is in need of
finishing work. He further explained he did not perform the work himself, but rather paid market
value for a contractor as well as the materials which were used in the house. Mr. Wicka felt the
valuation should be in the $600,000 range rather than $700,000.
City Assessor Erickson explained he had been unable to obtain a selling price on the home Mr.
Wicka referenced which is located in Carver County. He further explained the neighboring home
is much smaller and a much different type of home.
Councilmember O'Neill commented that when using a contractor, the property owner would not
receive that value back out of the property. Mr. Wicka stated $620,000 or a figure close to that
would be acceptable to him.
Mayor Dahlberg questioned whether it would be unreasonable for the valuation to be set at
approximately $650,000. Mr. Erickson felt this would be incorrect and unfair to the other
lake shore properties in the city. He stated this is a very nice, modern home on 100 feet of
lakeshore.
:rr~B
BOARD OF REVIEW MINUTES
APRIL 14, 1997 - PAGE 2
Mr. Erickson suggested Mr. Wicka proceed with an appeal to Hennepin County with a sworn
construction statement from the contractor. He noted it is not unusual to have a variety of prices in
a property which could be a comparable property.
Councilmember Stover felt the homes should be kept comparable. Councilmember McCarty felt
Mr. Wicka should appeal to Hennepin County. Councilmember O'Neill noted his agreement and
felt Mr. Wicka should provide a sworn construction statement to Hennepin County.
Councilmember Stover felt his better choice would be to go to Hennepin County. She felt the
County would have the experience necessary to value the property. Mr. Erickson pointed out the
value could also be raised at the county level. In addition, Mr. Erickson pointed out that properties
on the lake are selling for more than their value.
Mayor Dahlberg suggested adjusting the value within fair boundaries and then Mr. Wicka could
make a decision relative to proceeding with an appeal to the county level. He suggested an
adjusted value of approximately $690,000.
Councilmember McCarty stated taxes and property values are two separate issues. She noted
legally the total property values must be within a particular range. Mayor Dahlberg stated it is up to .
the Council to decide whether or not a particular property value is fair given the testimony
presented.
Councilmember McCarty pointed out the house was valued at $750,000 and revalued at $716,000
and another decrease to $690,000 would result in a decrease of $60,000 from the original value.
She felt this to be a substantial adjustment to the valuation.
Councilmember O'Neill felt it would be difficult to make an informed decision without having the
benefit of an appraisal. Mr. Erickson stated the Council has an appraisal opinion. He felt Mr.
Wicka should proceed to the County to obtain a full appraisal. He explained if the county were
inclined to increase the value, they would give the applicant an opportunity to withdraw his
request.
O'Neill moved, Dahlberg seconded approving an adjustment in the value of PID
31-117-23-34-0001 to $680,000 for William Wicka, 27930 Smithtown Road. .
Motion failed 2/3. (Councilmembers Garfunkel, McCarty and Stover were the
dissenting votes.)
Stover moved, McCarty seconded approving the recommended value of $716,000
for PID 31-117-23-34-0001, for William Wicka, 27930 Smithtown Road. Motion
passed 312. (Mayor Dahlberg and Councilmember O'Neill were the dissenting
votes.)
Harvey Strohm, 5945 Christmas Lake Road, PID 35-117-23-42-0017, was
displeased with the actions of the City Assessor. He explained he had been advised by an attorney
to contact two realtors regarding a valuation of his property. When Mr. Strohm contacted Carl
Zinn, Mr. Zinn informed him he had been contacted by the assessor relative to the valuation of the
property.
Mr. Strohm explained Mr. Zinn had volunteered to contact the City Assessor to ensure the
valuation was decreased. Mr. Strohm provided letters from two realtors, Joel Hentges and Carl
Zinn, noting their opinion of the property.
.
.
BOARD OF REVIEW MINUTES
APRIL 14, 1997 - PAGE 3
Councilmember Garfunkel commented realtors are in the business of buying and selling property
~nd he felt they would be willing to abide by whatever price a property owner feels their property
IS worth.
Councilmember Stover inquired whether either of the realtors had contacted the City Assessor.
Mr. Erickson commented was unaware of anyone from his office contacting Mr. Zinn regarding
Mr. Strohm's property. He noted he had not spoken with either of the realtors involved.
Councilmember O'Neill pointed out there are two houses on the property, one being a rental
property. Mr. Erickson clarified that the valuation of $100,000 includes both buildings on the
property. Councilmember O'Neill noted the home to have major problems relative to the lack of
footings and the significant radon problem.
Councilmember O'Neill did not feel there was sufficient information to make a recommendation.
Mr. Strohm remarked his complaint is with the value of the buildings and not the value of the land.
O'Neill moved, Stover seconded approving a decrease in the value of the house to
$90,000 for PID 35-117-23-42-0017 for Harvey Strohm, 5945 Christmas Lake
Road. Motion passed 5/0.
John Wood, 4915 Regents Walk, PID 25-117-23-23-0002, provided a Purchase
Agreement verifying the home was purchased on November 29, 1996, for a purchase price of
$260,000. He also provided a statistical sheet from Counselor Realty depicting the list price of
$299,000 and a market time of 191 days. The list price was then decreased from $315,000 to
$299,000.
Mayor Dahlberg inquired what kind of improvements had been made to the home. Mr. Erickson
stated two appointments had been made and canceled by the property owner so he was unable to
view the property.
Councilmember Stover asked what improvements had been completed to make the home livable.
Mr. Wood explained the wet basement needed water-proofing with the addition of sump pumps
and drain tiles. The carpeting was completely replaced as well as all of the kitchen appliances.
Painting and attic insulation work were also completed in 1997. Mr. Wood felt $260,000 was a
fair price for what they received.
O'Neill moved, Garfunkel seconded decreasing the valuation to $260,000 for PID
25-117-23-23-0002 for John Wood, 4915 Regents Walk. Motion passed 5/0.
Jerry O'Neill, 25540 Nelsine Drive, PID 33-117-23-22-0007, left the Board of
Review dias to address the Board as a property owner. He pointed out there is a home located at
5670 Wedgewood which is newer and has a three car garage. He noted there to be a 2,000 square
foot difference in lot size, yet there is a difference of $9,500 in the valuation of the two homes.
Councilmember McCarty noted the home Mr. O'Neill was describing does not have a basement.
Mr. O'Neill questioned the value of the land for the Wedgewood home to be $1.37 per square feet,
while his price per square foot was valued at $1.57.
Mr. Erickson explained the location on Smithtown and the open field behind Mr. O'Neill's home
would account for the increased value per square foot. Mr. O'Neill stated he will contact an
appraiser and pursue an appeal at the county level.
BOARD OF REVIEW MINUTES
APRIL 14, 1997 - PAGE 4
Stuart Finney, 19710 ChartweII Hill, PID 36-117-23-13-0026, submitted a letter to the
Council which was distributed. Councilmember Stover felt the letter appeared to be a criticism of
the system. Mr. Erickson stated he has viewed the property many times. Mr. Finney disagrees
with the valuation of the property yearly. Councilmember O'Neill did not feel this home had
increased a significant amount.
Stover moved, McCarty seconded accepting the Assessor's recommendations with
respect to the remaining properties which were reviewed. Motion passed 5/0.
Stover moved, Garfunkel seconded accepting the Assessor's recommendations on
the other properties listed which were not reviewed. Motion passed 411.
(Councilmember O'Neill was the dissenting vote.)
Garfunkel moved, Stover seconded approving the value recommendation of the
City Assessor for PID 33-117-23-22-0007 for Jerry O'Neill, 25540 Nelsine
Drive. Motion passed 4/0. (Councilmember O'Neill abstained.)
The following property owners appeared by letter which was submitted noting their intention to
proceed with an appeal to Hennepin County. .
Mary Ellen McNutt Platzer
19765 Murifield Circle
PID 36-117-23-12-0035
Linda Smith
25480 Smithtown Road
PID 33-117-23-23-0005
David Littlefield
24775 Glen Road
PID 33-117-23-12-0023
Leonard and Nancy George
25180 Smithtown Road
PID 33-117-23-24-0014
4. ADJOURN TO REGULAR CITY COUNCIL MEETING
Stover moved, O'Neill seconded to adjourn the Board of Review Meeting to the .
Regular City Council Meeting at 8:01 p.m. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Cheryl WaIIat, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, APRIL 14, 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 8:07 p.m.
A.
Roll Call
Present:
Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel;
Administrator Hurm; City Attorney John Dean; Planning Director Brad Nielsen;
Engineer Larry Brown.
B.
Review Agenda
. O'Neill moved, Stover seconded adding the City of Shorewood Stormwater Management Position
to the Agenda as Item 7 A. Motion passed 5/0.
O'Neill moved, McCarty seconded adding the consideration of a Resolution Supporting the
Continued Operation of the United States Postal Service within the Downtown Area of the City of
Excelsior to the Agenda as Item 7B. Motion passed 5/0.
The agenda was accepted as amended for April 14, 1997.
2. APPROVAL OF MINUTES
A . City Council Regular Meeting Minutes - March 24, 1997
O'Neill moved, Garfunkel seconded approving the City Council Regular Meeting
Minutes for March 24, 1997, as amended on Page 2, Item 4, Sentence 1, change
to read, "Executive Director Jim Daniels"; delete "Advisory Board"; change
"Enge" to "Menge." Motion passed 5/0.
.
B. City Council Special Meeting Minutes - March 31, 1997
Stover moved, O'Neill seconded approving the City Council
lVIinutes for March 31, 1997, as amended on Page 2, Item
Sentence 2, change "severe" to "sever." Motion passed 4/0.
McCarty abstained.)
Special Meeting
3, Paragraph 3,
( Councilmember
C. City Council Executive Session Minutes - March 31, 1997
Garfunkel moved, O'Neill seconded approving the City Council Executive
Session Minutes for March 31, 1997, as submitted. Motion passed 4/0.
(Councilmember McCarty abstained.)
3. CONSENT AGENDA
Mayor Dahlberg read the Consent Agenda for April 14, 1997. Councilmember O'Neill requested
Items D and F be removed from the Consent Agenda for discussion. Hearing no objections, that
request was approved.
1f:;Zc
REGULAR CITY COUNCIL MINUTES
APRIL 14, 1997 - PAGE 2
McCarty moved, Stover seconded to approve Items A, B, C and E on the Consent
Agenda as amended and to adopt the Resolutions therein:
A. A Motion Adopting RESOLUTION NO. 97-24, "A Resolution
Amending the Joint and Cooperative Agreement - Lake Minnetonka
Communications Commission"
B. A Motion Adopting RESOLUTION NO. 97-25, "A Resolution
Approving a Conditional Use Permit for Accessory Space in Excess
of 1,200 Square Feet for Mary Reutiman, 5965 Eureka Road"
C. A Motion to Approve a Commercial Sign Permit for Leroy Signs on
behalf of Driskill's New Market, 23740 State Highway 7
(Shorewood Shopping Center)
A Motion Authorizing the Mayor and City Administrator to Enter into
a Contract with McCombs, Frank Roos & Associates to Perform
Engineering Consulting Work Regarding Stormwater Management
Near the Ron Johnson Property and Authorizing the Expenditure 0 f
Funds up to $3,500"
E. A Motion Establishing the Second Regular Council Meeting in May
as May 27.
D.
.
F. A Motion to Approve an Agreement with Lake Restoration, Inc., for
the 1997 Inspection of Eurasian Water Milfoil -Christmas Lake
Motion passed 5/0.
3.
D.
A Motion Authorizing the Mayor and City Administrator to Enter into
a Contract with McCombs, Frank Roos & Associates to Perform
Engineering Consulting Work Regarding Stormwater Management
Near the Ron Johnson Property and Authorizing the Expenditure of
Funds up to $3,500"
.
O'Neill moved, McCarty seconded to table consideration of the motion
authorizing the Mayor and City Administrator to Enter into a Contract with
McCombs, Frank Roos & Associates to perform engineering consulting work
regarding stormwater management near the Ron Johnson property and authorizing
the expenditure of funds up to $3,500 until the next regular City Council meeting
after executive session discussion of this matter. Motion passed 4/0. (Mayor
Dahlberg abstained.)
F. A Motion to Approve an Agreement with Lake Restoration, Inc., for
the 1997 Inspection of Eurasian Water Milfoil -Christmas Lake
Councilmember O'Neill asked for clarification whether this agreement involves inspection or
treatment of the lake. Administrator Hurm explained this would be for inspection only. He further
explained milfoil had been found on two other occasions in small quantities and the City did not
pay for that. Brown stated there is an amount the DNR pays. At that point there is a cost sharing
and beyond that it is borne by the lake association.
.
.
REGULAR CITY COUNCIL MINUTES
APRIL 14, 1997 - PAGE 3
O'Neill moved, Stover seconded approving an Agreement with Lake Restoration,
Inc., for the 1997 Inspection of Eurasian Water Milfoil - Christmas Lake. Motion
passed 5/0.
4. MATTERS FROM THE FLOOR
Bev Ginther, 5790 Brentridge Drive, a teacher at Minnetonka High School, explained in February
a number of teachers, administrators and school board members began meeting and drafted a
vision and a mission relative to strategic planning for the future. She invited Mayor Dahlberg and
all Councilmembers and citizens to attend round table discussions regarding these matters. Ms.
Ginther left posters to be displayed in the city offices. The meetings will last approximately two
hours and will be held on Wednesday, April 30 from 7:00 to 9:00 p.m., Saturday, May 3 from
9:00 to 11:00 a.m., and Tuesday, May 6 from 7:00 to 9:00 p.m.
5 . PARKS - Report by Representative
This agenda item was considered after Item 6.
Park Commissioner Dan Puzak reported on the matters considered and actions taken by the Park
Commission at the meetings held on March 25, 1997 and April 8, 1997 (as detailed in the minutes
of those meetings).
A suggestion was made at the April 8, 1997 Park Commission meeting, that all Councilmembers,
Park Commissioners, Planning Commissioners, as well as all interested citizens and/or groups
schedule a meeting to brainstorm ideas for a City Festival.
A . Report on March 25, 1997 Park Commission Meeting
B . A Motion to Adopt a Resolution Accepting the Proposals for a
Concession Trailer in Freeman Park and A warding the Contract
Commissioner Puzak explained the intent is that any profits derived from this concession would go
to the Park Foundation for purposes related to the construction of a concession building at some
future date. These funds would always be working toward the benefit of park improvements.
Councilmember O'Neill wants the profits to be earmarked for the concession stand.
McCarty moved, Stover seconded adopting RESOLUTION NO. 97-27, "A
Resolution Accepting the Proposals for a Concession Trailer in Freeman Park and
A warding the Contract." Motion passed 5/0.
C . A Motion to Adopt a Resolution Approving the 1997 Parks Capital
Improvement Budget
Administrator Hurm noted the Council would not be adopting the five year Capital Improvement
Budget, but rather just the first year to allow the projects to begin.
Councilmember Stover inquired whether there had been any discussions with the citizens or sports
organizations relative to the lights which are included in the plan. Councilmember McCarty noted
the Park Commission had contacted the surrounding property owners and there had been no
objections to the installation of the lights. Hurm noted these are shoebox type lights which direct
the light downward.
REGULAR CITY COUNCIL MINUTES
APRIL 14, 1997 - PAGE 4
Stover moved, O'Neill seconded adopting RESOLUTION NO. 97-28, "A
Resolution Approving the 1997 Parks Capital Improvement Budget." Motion
passed 5/0.
D. Request for Clarification of Council's Expectations of Park
Commission's Role with Regard to Snowmobile Issues
Puzak requested the Council consider the following questions:
1) Should the Park Commission make general observations and recommendations
regrading implementation of the plan?
2) Should the Park Commission analyze the data from 1996/1997 and make
comments?
3) Should the Park Commission determine further actions which could be taken to
possibly improve the program?
4)
5)
Should the Park Commission make specific recommendations relative to the Timber
Lane access and the LRT side trail?
Should the Park Commission take public input on their discussions or should this
be deferred to the Council?
.
Mayor Dahlberg commented the Council will need to consider the report of the Snowmobile Task
Force as well as statistics which will be forthcoming. The Council will then need to decide
whether to make a decision or request input from the Park Commission.
Councilmember McCarty stated she felt the snowmobile issues should first be considered by the
Park Commission. Councilmember Garfunkel noted the 1996/1997 statistics have not yet been
obtained and they will need to be analyzed. He stated there may be some recommendations as a
result of that study.
Councilmember O'Neill felt he could answer yes to Questions 1 through 4 and the Council should
make a decision relative to any public hearing which would be considered. Councilmember
McCarty would like input from the Park Commission on Questions I through 4 before making a .
decision relative to a public hearing.
Park Commissioner Puzak was comfortable with this. He felt it would be confusing to use the
Park Commission for a large public hearing. He felt there was some confusion since a report was
completed last year which he felt was perceived to be final and this year it seems there is once again
a full review of this issue.
Councilmember O'Neill felt at this point the Park Commission should be analyzing the results of
the first year with the plan being 80 to 90 percent in effect.
Councilmember McCarty noted the specific issues of the Timber Lane access and the side trail had
not been included in the implementation by the Council. Councilmember Stover remarked she did
not feel there was any suggestion being made that the Park Commission become a new
Snowmobile Task Force and repeat the efforts which were undertaken in the previous year. She
was in agreement with the other councilmembers and felt the Park Commission should review the
results of the 1996/1997 season and make comments and recommendations to the Council
regarding their findings.
Councilmember Stover was in agreement with Councilmembers O'Neill and McCarty that the
public hearing should be handled by the Council along with the Council taking the responsibility to
REGULAR CITY COUNCIL MINUTES
APRIL 14, 1997 - PAGE 5
eventually make a final decision. She did not feel that would preclude information which is
obtained by the Park Commissioners from the public as long as it is not obtained by way of a
public hearing.
Puzak felt this guidance had been helpful and requested Councilmember McCarty and
Administrator Hurm relay this information stating this would be appropriate since he is one sided
on this issue and would not want there to be a perception he had skewed this information.
Councilmember McCarty commended Puzak on his ability to not work in that manner.
Administrator Hurm reported Sandy Trettel has indicated her intent to resign from the Park
Commission due to her busy family life. He requested direction from the Council relative to the
placement of an advertisement to fill this position. He noted he did request a written resignation
from Ms. Trettel. It was the consensus of the Council to place an advertisement announcing
interviews for this position.
6. PLANNING - Report by Representative
.
Commissioner Laura Turgeon reported on the matters considered and actions taken by the Planning
Commission at the meeting of April 1, 1997 (as detailed in the minutes of that meeting).
Commissioner Turgeon requested the Planning Commission be notified when discussions are held
relative to the Comprehensive Plan. This would allow for a commissioner to be in attendance.
Councilmember O'Neill requested the Planning Commission discuss other accessory space uses as
well as greenhouses during their study session. In addition, he requested staff provide a brief
history of the ordinance relative to accessory space.
The Council was in agreement with noticing the Planning Commission of meetings being held
relative to the Comprehensive Plan. Councilmember Stover suggested scheduling some joint
meetings with the Commission and Council.
A Motion to Adopt a Resolution Regarding an Appeal Interpretation of City
Code Related to Non-conforming Docks
.
Applicant:
Location:
James Cabalka
58XX Christmas Lake Road
Mayor Dahlberg inquired whether or not the ordinance clearly prohibits subdivision into
recreational lots. Planning Director Nielsen explained any new lot which is created must meet the
size requirements of that zoning district.
Mayor Dahlberg commented the focus in this case is very narrow. City Attorney Dean remarked
the Council's responsibility is to apply the terms of the ordinance to the facts as the Council finds
the facts to be.
Stover moved, McCarty seconded adopting RESOLUTION NO. 97-26, "A
Resolution denying an appeal by Scott Cabalka, 58XX Christmas Lake Road, to
allow a nonconforming dock."
REGULAR CITY COUNCIL MINUTES
APRIL 14, 1997 - PAGE 6
Mayor Dahlberg commented on a letter received from Mr. Kelly, the Cabalkas' attorney, in which
he commented on a statement he felt was made by the City Attorney relative to any action being
taken by the City to terminate the use of the dock from the Cabalka property is tantamount to
condemning the property by removing all reasonable use of the land. Attorney Dean responded the
Council is making a decision which may have implications upon a valuable property right,
however, he did not recall stating this would render the property worthless.
Councilmember McCarty commented additional testimony had come forward since the previous
Council had discussed this matter last year reinforcing the point the dock had not been in place.
Councilmember Garfunkel felt substantial testimony had been elicited and that the burden of proof
was on the Cabalkas. He felt the burden should be on the City, however, he also felt that he has
seen the burden of proof met in that many residents who have lived in the area for many years had
not see the dock in place.
Mayor Dahlberg stated his belief Mr. Cabalka is telling the truth. He does not believe that the
Council can prove in fact that the dock was not there. He felt the burden to be on the City and
stated he would support Mr. Cabalka's property right and felt that right should be available to him.
Mayor Dahlberg remarked if Mr. Cabalka is guilty of violating the ordinance, then he has learned .
that any property owner in Shorewood can be accused of breaking an ordinance and then the
accused can be forced to appear before the Council in order to avoid having a right taken away.
When the accused is innocent, the Council can tell that individual that he must prove he has a right
to continue asserting that right.
Motion passed 411. (Mayor Dahlberg was the dissenting vote.)
Mr. Cabalka addressed the Council and conveyed his appreciation for being granted the
extraordinary opportunity of a fact finding session on March 31, 1997. Mr. Cabalka explained he
could have given conclusive proof, however, he determined early on he would not ask family to be
a witness. He further explained two of the witnesses had been killed in Montana. He felt the
Council's decision would have turned on their testimony. Mr. Cabalka stated he would rather lose
than request the testimony of these witnesses who have suffered an inordinate amount of tragedy in
their lives.
Agenda Item No.5 was the next item to be considered.
.
7. CONSIDERATION OF A MOTION AUTHORIZING THE MAYOR AND
CITY ADMINISTRATOR TO ENTER INTO A CONTRACT FOR AERIAL
PHOTOGRAPHY FOR THE STORMWATER MANAGEMENT PLAN
Mayor Dahlberg noted there had been some interest, although not overwhelming, among the
surrounding mayors relative to participation in aerial photography for the stormwater management
plan. He further noted the consensus of the group was to wait until fall to allow for further
consideration of this matter. Staff is therefore recommending this matter be postponed until the fall
of the year.
Councilmember O'Neill noted he would like to complete this work now, but felt there is no
alternative at this point but to wait until the fall of the year.
Councilmember Stover inquired if there would be further meetings of the area mayors. Mayor
Dahlberg commented it is anticipated they will meet approximately every six weeks.
Hearing no objections, this matter was postponed as requested by staff.
REGULAR CITY COUNCIL MINUTES
APRIL 14, 1997 - PAGE 7
A . Policy Relative to Stormwater Management
Councilmember O'Neill addressed this matter stating a number of cities are concerned with the
stormwater management plan which is an unfunded mandate. Depending upon the project which is
undertaken, there can be co-mingling of funds to fund a project in another city.
Councilmember O'Neill commented the City needs to define it's position. Mayor Dahlberg
clarified the Council is asking the Watershed District to adopt this review process.
Councilmember Stover liked the statement relative to stormwater knowing no boundaries stating
she feels it is larger than a city problem. She was in favor of working with other communities to
address this issue. Councilmember O'Neill stated while the City disagrees with some of the parts
of the plan of the Watershed District, the City should be working cooperatively with them.
Councilmember Garfunkel felt the statement relative to accountability was somewhat inflammatory.
Councilmember Stover felt this statement needs to be said and felt the language should remain as
written.
.
O'Neill moved, McCarty seconded approving the draft of City of Shorewood
Stormwater Management Position. Motion passed 5/0.
Brown noted it will be taken to the public hearing of the Watershed District.
B . Consideration of a Resolution Supporting the Continued Operation 0 f
the United States Postal Service within the Downtown Area of the
City of Excelsior
Councilmember O'Neill stated said there has been very little response from Senators Grams and
Wellstone on this matter and encouraged anyone who is so inclined to write to the senators.
Councilmember Stover inquired relative to other locations for the post office to consider. Mayor
Dahlberg stated Excelsior Mayor Finch will be addressing this issue. Councilmember Stover was
in favor of a cooperative effort among the communities.
.
McCarty moved, Stover seconded adopting RESOLUTION NO. 97-29, "A
Resolution Supporting the Continued Operation of the United States Postal
Service within the Downtown Area of the City of Excelsior." Motion passed 5/0.
8. ADMINISTRATOR & STAFF REPORTS
Staff Report on Development Monitoring
Nielsen explained road restrictions have ceased work on the development at this time. A
preconstruction meeting will be held in the next two to three months. Mayor Dahlberg and City
Attorney Dean will be in attendance at that meeting.
9. MA YOR & CITY COUNCIL REPORTS
A. Establish Open Forum Meeting Topics for Next Month.
Councilmember O'Neill suggested bringing in the proponents of water to hear their concerns given
the fact the majority of the Council is working on changes to the Comprehensive Plan which would
cease expansion of the water system. It was felt this may be premature at this time.
REGULAR CITY COUNCIL MINUTES
APRIL 14, 1997 - PAGE 8
There were no Open Forum meetings set at this time.
B. Report on Mayor's Meeting Held April 10, 1997
Mayor Dahlberg reported on the Mayor's Meeting on April 10 in which Engineer Brown gave a
presentation relative to a stormwater management plan. The objective is to continue to meet
approximately every six weeks. The other communities expressed concern that the Watershed
District become more accountable. Most agreed, however, to move forward on establishing a
plan.
Property taxes were also discussed at this meeting. There was agreement this matter needs to be
addressed and an examination made of all of the property tax plans which are raised. The objective
would then be to adopt one of those plans to be promoted.
C . Review and Establish Topics for Work Sessions
Councilmember Stover suggested receiving the work session materials more in advance of the
meeting so the Council can come to the meeting better prepared and informed.
Mayor Dahlberg requested the materials be supplied as quickly as possible, perhaps a week prior to
the meeting. He stated it may be necessary to add one meeting per week through Memorial Day.
.
Brown suggested in work session formats, if anyone has detailed questions to be addressed, it
would be beneficial to contact staff prior to the meeting so they may be prepared to address that
issue at the meeting. In addition, if further research is desired, staff could be notified prior to the
meeting and the appropriate materials could then be made available.
Mayor Dahlberg recessed the meeting at 10:08 p.m. and reconvened at 10:09 p.m.
Councilmember O'Neill stated he would like a meeting with Jeff Foust relative to issues of cable
communications and the contract which is going to be renegotiated. Councilmember Stover felt
this could be addressed during a regular City Council meeting rather than a work session.
Councilmember McCarty suggested having Greg Nybeck from the LMCD also meet with the
Council.
Councilmember O'Neill requested a map depicting the parcels of land in Shorewood which remain .
to be subdivided. In addition he inquired relative to the super lot in Watten Ponds, asking what
assurances the City has the lot will never be subdivided. Nielsen explained there is a Protective
Covenant which prohibits a subdivision.
Councilmember O'Neill inquired relative to the check which was issued to the Postal Service.
Hurm explained that would be for postage. He was unsure how many months that would cover,
but he will investigate this matter.
Councilmember O'Neill also inquired as to the payment to Old Market Trail in the amount of
$6,000. Engineer Brown explained this represents an invoice for OSM services. The invoice is
quite old, however, there were some items which needed to be done in order to close out the
account with the State, therefore, ensuring the State's funding portion. Some of the work had not
been completed, so payment of the invoice was put on hold until this matter was resolved.
Mayor Dahlberg noted he would like to discuss marketing issues and inventory turn over at the
Shorewood liquor store. Councilmember Garfunkel stated a business plan has been requested, but
he has not yet received one. Advisors are currently reviewing the business and an analysis is
forthcoming. Mayor Dahlberg volunteered his assistance in any way necessary.
.
.
REGULAR CITY COUNCIL MINUTES
APRIL 14, 1997 - PAGE 9
10. ADJOURN TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF
CLAIMS
Attorney Dean noted the Council will adjourn to a closed executive seSSIOn to discuss
attorney/client privilege matters.
Garfunkel moved, Stover seconded to adjourn the meeting to an executive session
at 10:20 p.m. subject to the approval of claims. Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Cheryl WalIat, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
.
.
CITY OF SHOREWOOD
5755 COUNTRY CLUB ROAD
MONDA Y, APRIL 14, 1997
COUNCIL CHAMBERS
EXECUTIVE SESSION
FOLLOWING REGULAR
MEETING
MINUTES
EXECUTIVE SESSION
DRAfT
1. Acting Mayor Stover opened the meeting at 10:30 p.m.
Present:
Acting Mayor Stover; Councilmembers McCarty, O'Neill and Garfunkel;
City Administrator Hurm; City Attorney Dean; City Engineer Brown; and
Planning Director Nielsen.
Absent:
Mayor Dahlberg
2. DISCUSSION OF LITIGATION MATTERS
City Attorney Dean gave an update on the status of the Bache versus the City of
Shorewood and the Johnson versus the City of Shorewood cases. Options and strategies
were discussed.
3. ADJOURN
There being no further business, McCarty moved, Garfunkel seconded, to
adjourn the meeting at 11:22 p.m. Motion passed unanimously.
RESPECTFULL Y SUBMITTED.
James C. Hurm,
City Administrator
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
::;F ()])
l.
fEll historic
~Excelsior
On the shores of Lake Minnetonka
EXCELSIOR AREA CHAMBER OF COMMERCE
April 7, 1997
,,'I "99-.
~ i I
Jim Herm
City Administrator
Crri OF SHOREWOOD
By
.
5755 Country Club Road
Shorewood, MN 55331
RE: 1997 Fourth of July
Dear Mr. Herm;
The Excelsior Area Chc.1ffiber of Commerce will again organize a Fourth of July
celebration with frrev,,'orks launched from Bill Niccum's Minnetonka Portable
Dredging Company barge on the waters of Lake Minnetonka off the shores of the
Commons in Excelsior.
Food vendors and mUSIC by Mick Sterling and the Stud Brothers will be presented
on the Commons beginning at 7:30.
.
Your City has been a consistent supporter of the event in the past and we ask
that you renew your support this year. The combined contribution of the four
cities pays for approXimately 20% ofthe cost. A second 20% comes from general
public donations, a third 20% by the efforts of the Chamber to directly sell
services, and approXimately 40% from business.
I have been involved with the Fourth of July now for the last 10 years and
increasingly it is difficult to find the financial resources necessary to continue this
tradition. Any help that your City can offer will be most appreciated.
Thank you for your past support. and we at the Chamber of Commerce look
forward to the continuing support of Shorewood.
Sincerely,
---z:;l-;x: ~ ~ / ~ -- ~
Mark W. Kelly, 7
Co-Chair. 1997 Fourth oj Jur( .
POST OFFICE BOX 32 · EXCELSIOR, MINNESOTA 55331 · PHONE (612) 474-6461
#-3A
MWK/pp
II'~
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 97-
A RESOLUTION APPROVING
A SINGLE TEMPORARY GAMBLING LICENSE
WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing
of certain gambling activities in the City; and
WHEREAS, the City prescribes certain restrictions concerning eligibility for such
licensing and application, whereby the licensee will hold the City harmless for all claims arising out
of the granting of such license; and
WHEREAS, the following applicant has met the eligibility requirements for such a
license and has agreed to all terms and conditions of the agreement contained in the license.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That a single temporary license for the conduct of gambling as specified in the terms, and
conditions of the license be issued to Storefront / Youth Action. Said raffle to be held on
Monday, August 18, 1997 at the Minnetonka Country Club, 24575 Srnithtown Road,
Shorewood, Minnesota.
ADOPTED by the City Council of the City of Shorewood this 28th day of April, 1997.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
:#-35
. --~-.-
6425 Nicollet Avenue South, Richfield, MN 55423 (612) 861-1675
STOREFRONT /YOUTH ACTION
April 9, 1997
Shorewood City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
RE: Raffle Application for Benefit Golf Tournament
Dear Sir/Madam:
Storefront/Y outh Action (SY A) will be conducting its fourth annual Benefit Golf
Tournament at the Minnetonka Country Club on August 18, 1997.
In conjunction with this event, we will be holding a raffle. The proceeds from the raffle
will be directed to the general fund at SY A to supplement the sliding fee scale offered to
clients with financial hardship.
Enclosed for your consideration and approval is an application for a non-profit gambling
license. I have also enclosed a golf tournament brochure for your reference. Please feel
free to contact me at 798-8200 if you need further information or have any questions.
Sincerely,
'-"'~~f)
/{!~
Mary Ellen Barrett
Executive Director
enclosure
STOREFRONTIYOUTH ACTION
PROJECT CHARLIE
DELTA PLACE
Fax (612) 861-3446
6425 Nicollet Avenue South
Richfield, MN 55423
(612) 861-1675
1001 Highway #7
Hopkins, MN 55343
(612) 938-7040
Fax (612) 938-4708
AFFIRMATIVE ACTION EMPLOYER
.
.
to
A Participating
United Way Agency
"
LG220
Rev06/96
Organization Informatio
For Board Use Only
Fee Paid
Check #
Initals
Date Recd
Minnesota Lawful Gambling
Application for Authorization for an
Exemption from Lawful Gambling License
Organization Name
Storefront/Youth Action
Street City
6425 Nicollet Avenue South Richfield, MN
Name of Chief Executive Officer of organization (CEO)
First Name Last Name
Mary Ellen Barrett
Name 0 rganization Treasurer
First Name Last Name
Previous lawful gambling exemption number
State Zip Code
55423, Hennepin
Daytime Phone number of CEO
(614 861-1675
Daytime Phone Number of Treasurer
o Fraternal
o Veterans
o Religious
Q Other nonprofit
Check the box that indicates the type of proof attached to this application
by your organization:
o IRS letter indicating income tax exempt status
o Certificate of good standing from the Minnesota Secretary of State's office
D A charter showing you're an affiliate of a parent nonprofit organization
[X] Proof previously submitted and on file with the Gambling Control Board
Check the box below which best describes
your organization
Name of Establishment where gambling activity will be conducted
Minnetonka Country Club
Street
City
State
Zip Code
County
Hennepin
24575 Srnithtown Road, PO Box 360, Excelsior, MN 55331
Date(s) of activity (for raffles, indicate the date of the drawing)
Monday, August 18, 1997
Check the box or boxes which indicate the type of gambling activity your organization will be conducting
o *Bingo ~ Raffles D *Paddlewheels D *Pull-tabs D *Tipboards
*Equipment for these activities must be obtained from a licensed distributor
Be sure the Local Unit of Government and the CEO of your organization sign
the reverse side of this application.
For Board Use Only
Date & Initials of Specialist
L L
~
Loca/f!JnitotGotlernmentaurisdiction
Is this gambling premises located within city limits?1X] Yes 0 No
If Yes, write the name of the City:
City Name .shot ew.cI1J:l
If No, write the name of the County and the Township:
County Name Township Name
Check the appropriate status of the Township: D organized 0 unorganized 0 unincorporated
l. The city must sign this application if the gambling
premises is within city limits.
2. The county and township must sign this applica-
tion if the gambling premises is not within city limits.
3. DO NOT submit this application to the Gambling Control
Board if it is denied by the local unit of government.
4. NOTE: A Township may not deny an application.
Upon submission of this application to the Gambling Control Board, the exemption will be issued not
more than 30 days (60 days for cities of the 1st class) from the date the local unit of government
signed the application, provided the application is complete and all necessary information has been .
received, unless the local unit of government passes a resolution to specifically prohibit the activity. A
copy of that resolution must be received by the Gambling Control Board within 30 days of the date
filled in below. Cities of the first class have 60 days in which to disallow the activity.
City or County Acknowledgment of Receipt of
Application
Signature of person receiving application
Township Acknowledgment of Awareness of
Application
Signature of person acknowledging application
Date Received:
Title of person receiving application
Date Signed:
Title of person acknowledging application
I have read this application and all information is true, accurate and complete.
~~~ Date: L/jc;!t7
- - bmit the application at least 45 days prior to your scheduled dat~ of activity.
Be sure to attach the $25 application fee and a copy of your proof of nonprofit status.
Mail the complete application and attachments to:
Gambling Control Board
1711 W. County Rd B Suite 300S
Roseville, MN 55113
.
This publication will be made available in alternative format (Le. large print, braille) upon request.
Questions on this form should be directed to the Licensing Section of the Gambling Control Board at
(612)639-4000.
Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1-800-627-3529 in the
Greater Minnesota Area or 297-5353 in the Metro Area.
The information requested on this form will be used by the Gambling Control Board (GCB) to determine your
compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information
that you supply on this form will become public information when received by the GCB.
~.
.
.
Friends Of The Southshore Senior/Community Center
02/13/97
Assets
Balance Sheet
Ending 12/31/1996
Tax ID # 41-1592157
Current Assets
Total Chk/Sav
Total Current Assets
Liabilities
Net Balance
Checking/Savings(CD)
Checking into 95
Checking into 96
Savings (CD) into 95
Savings (CD) into 96
N orwest Sav
Norwest Chk (including ck-int-95-96)
92.40
254.62
299.21
1,711.52
30,000.00
12,186.42
44,197.15
44,197.15
-0-
44,197.15
i~)
Ordinary Income/Expense
Income
Donations
Major Supporters:
Norwest Bank
South Shore Seniors
Clarence Clofer Post and American Legion #259
Graco Foundation
Benefactors:
.
First State Bank of Excelsior
Lyman Lumber
Patrons:
.
Chuck Brixius
Huber Funeral Homes
Bob Reutiman
Esther Chase
R Jean Gray
John & Jan Gray
Lutheran Brotherhood
Excelsior Chamber
Senior Community Services
Excelsior Rotary
Excelsior Odd Fellows
Fingerhut Family Foundation
Graybrier Foundation
Excelsior Masonic Lodge #113 & OES #20
R "Jack" Walser
NSP
Initial Funders and Friends:
Interest
Total Income
28,000
10,000
10,000
10,000
5,000
5,000
1,000
1,000
1,000
3,000
1,000
1,000
2,424
1,000
1,000
1,000
1,000
1,500
2,000
1,000
1,000
4,000
10,417.01
2,357.75
104,698.76
1995
Checking acct.
Print Envelopes
Site sign and stamps
Business folders
Postal Box Rent
Sun Sailor advertise
Jan Gray Supplies & advertise
US post (stamps)
.
1996
Postal Box Rent
Print Memorial cards
Sun Sailor advertise
City of Shorewood (const acct.)
Postal Box Rent
Refreshments (ground breaking)
.
Expense
Total Expense as of 12/31/1996
Total Income as of 12/31/1996
NET WORTH
96.00
29.40
52.42
7.77
29.00
45.00
76.71
32.00
Total 368.30
29.00
27.50
30.00
60,000.00
29.00
17.81
Total 60,133.31
60,501.61
104,698.76
44,197.15
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$100,000 Capital Fund Drive Donors
FRIENDS $5-99 DONATIONS
Andrews, Chuck & Jane
Batzli, Robert & Betty
Brown, Dick & Robin
Cochran, Dave & Nell
Cornelius, Chase & Sue
Cravens, Harold
Ekelund, John & Julie
Fried, Howard
Froberg, Glenn & Virginia
Hammer, Tom & Ruth
Hathaway, Lyle & Mary
Henderson, Kermit & Lola
Huff, John & Louise
Johanson, James & Kathren
Joseph, Fredrick F.
Katzman, Merileigh
Larson, Gary
Nikolai, Doris
Pendleton, Bob & Paula
Prosse~MargaretProsser
Pye, Gen
Ridinger, Virginia
Schroer, Ronald G.
Seifert, Milt & Doris .
Spiegel, Richard & Judith
Throdahl, Peter J.
Wambold, Mr. & Mrs. Don
Wyard, Gary & Vicki
Weimerskirch, M/M A.
Williams, John & Peggy
Woods, Dorothy
"It t,x)k:1 IOllg tllllL' but thL' COlllpktlOIl ofthc' SouthshorL' SL'lllor
COIllIlHIIlIt\ C L'llkr reprl'sellts :1 grC:1t comlllunlty comlllg together
for a great effOlt \l:1ny people h:1ve become clisIiluslolH.x1 :1ncl
frustrated with the growth of government and its inability to meet
constitucnt needs 111e Sen ior / C ommun ity Center reprcsents what
good can come out of local govcrnmcnt, - private citizcns and local
businesses Joining together to sharc resources. We have a new
center to meet the needs of all Citizens and organizations of the
South shore area. It was built where no olle of the organizations
IIlvolved: the Cities. the Seniors or private citizens, could have done
it alone. I am very proud to have had a small part in bringing the
ccnter to completion and I am very proud to now be a part of
making it successful in its purpose. "
It continues to grow...
1983 1996
+ No van available + 3,983 one-way rides
provided for 77 seniors
+ 218 information/referral + 4,000 + information/
calls referral calls
+ 500 meals for 75 persons + 4,833 meals for 336
persons
fI 5 health activities + 132 health activities
21 educational activities + 65 educational activities
+ 22 social/recreational + 228 social/recreational
events events
+ 25 volunteers/2,205 hours + 100 volunteers/ 6,226
hours
+ 175 unduplicated clients + 625 unduplicated clients
A Senior Savs
"My lif(~ has become so busy since I became involved
and active at the Southshore senior center that my
children must leave a message on my ans\vering machine
to reach me' I feel that \vhat I do there is so \vorthwhile
fl.)r my benefit and for others. The camaraderie of the
seniors at the center is so important. New participants at
the center are surprised by all that is offered. The van
service is crucial linking the seniors to community
businesses and services. I love people and enjoy being
with them at the center."
- Arleen Boutell. President
Southshore Senior Center AdvisolY Committee
. .
- Robelt B. Bean
Former Mayor. Shorewood
It began in 1983...
Senior Community Services, a United Way Agency, working in
cooperation with Minnetonka Community Education and Services
opened the Southshore Center in two rooms at the old Excelsior
High School in 1983. After the start-up grant provided by the
Metropolitan Council ended, the cities of Deep haven, Excelsior,
Greenwood, Shorewood and Tonka Bay began contributing towards
the program costs. Chanhassen participated until their own senior
center was built. Growing student numbers necessitated the site to
return to function as a school building. In 190 the Southshore
Center moved to the lower level at Mount Calvary Lutheran Churc.
on a temporary basis.
With quality programs provided by Senior Community Services, the
Southshore Center has been a focal point of activities for the seniors
in the area. Social, recreational, health activities, educational
programs, congregate dining, and volunteer opportunities are a part
of the activities at the center. The center serves to enhance the lives
of many people in the Southshore communities.
The Congregate Dining Program, provided through the Older
Americans Act, serves a nutritious noon time lunch three days a
week. Accessible van service is available for transportation to the
center as well as to local businesses. Social, recreation, and
volunteer programs prov~de opportunities fo: ~~niors. .These .
programs include: exerCIse classes, craft actIVItIes, hohday
celebrations, day trips, card playing, etc. Health programs include:
foot care clinics, free hearing screenings, senior related health
'presentations, blood pressure clinics, etc. Enrichment programs
include: directed study groups, travelogues, speakers from the
Minneapolis Institute of Art, the Minnesota Historical Society, art
appreciation classes, financial information classes, etc. Services are
available at the center. They include: free legal advice, information
and referral services. New and purposeful volunteer opportunities
are available and coordinated through the center.
In-Kind Donations
RBC Tile and Stone
Porcelain pavers for entrance, hall and reception area
Emily Boote
Quilting teacher
Minnetonka Sound and Lighting
Installation of sound system
.wn and Country Caterers
Consultation on kitchen design
W F. Denny
Office furnishings
Professional Services
Secretarial administrative support
The Friends of the Southshore Senior / Community Center
gratefully thank Mount Calvary Lutheran and the congregation
for their generous support of the Southshore Senior Center.
Mount Calvary opened their arms embracing the program as if it
A'ere their own, sharing space and services for more than six
~ears.
11u~Visi()nofthe Friends
includes...
.. an anticipated growth of participation and
involvement at the center
.. increased. program offerings
.. a community vitality at the Southshore Center
Friends of the Southshore Senior/Community Center
Financial Statement
ending 12/31/97
Cash receipts
Grants and Contributions
Interest
Total cash receipts through 12/31/97
$102,341.01
2,357.75
$104,698.76
Cash Disbursements
1995
Initial supplies and fund-raising expenses
$ 368.30
.
1996
Miscellaneous operating expenses
Construction costs paid by the Friends
Total disbursements through 12/31/96
$ 133.31
$ 60,000.00
$60,501.61
$104,698.76
Total cash receipts through 12/31/96
Net cash on hand as of 12/31/96*
$ 44,197.15
* Approximately $40,000 in furniture and equipment is scheduled for
payment during the first quarter of 1997 once the building is essentially
completed.
Balance Sheet
Ending 12/31/97
(Tax ID# 41-1592157)*
.
Assets
- Cash on hand
- Norwest Banks CD (matures 4/3/97)
Total Assets
$12,186.42
$32.010.73
$44,197.15
Liabilities
$
-0-
Net Balance
$44,197.15
*Friends of the Southshore Senior / Community Center is a non-profit
organization as defined under the Internal Revenue Code.
Friends of the Southshore Senior/Community
Center
Officers & Board members
Bob Gagne, President
Service Manager
Rosedale Chevrolet
Jerry Sjoberg, Treasurer
Insurance Agent
American Family Insurance
.ob Anderson
Southshore Senior Center
Advisory Committee Member
Retired
Dick Brown
Retired
Jim Grathwol
Attorney
Dorothy Huffman
Past President
Southshore Senior Center
Advisory Committee
~oAnn Kvern, Ex-officio
Southshore Senior Center Director
Lucille Crow, Secretary
Owner, Priority Management
Robert B. Bean
Vice President Norwest Bank
Employee Benefit Services
Kathy Gordon
Community Banking Manager
Norwest Bank, Excelsior
Jan Gray
Program Manager
Minnetonka Community
Education and Services
Kristi Stover
Shorewood Council person
~JtaLemul{;
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President's Remarks
The communities of the Southshore area of Lake Minnetonka and its
residents have seen the evolvement of several eras as these
communities have grown and changed. Planning for future needs of
the communities has been an integral part of the quality of life we
experience as residents in the Southshore area. We, known as the.
Friends, have been privileged to work with the cities of Deep haven,
Excelsior, Greenwood, Shorewood and Tonka Bay to begin a new
era with a permanent site for the South Shore Senior Center.
The five cities have contributed proportionately towards the costs of
the actual building. The Friends, through the generosity of the
community, raised $100,000 to equip and furnish the building.
Together, many have worked to bring about this new era. We
appreciate the dedicated design and technical contributions from the
firm of TSP/Eos in making the dream a reality and guiding US
through the process.
Now, continuing in the cooperative manner, we look forward to
the vitality of the new center in our shared communities. The.
citizens of the community can be proud of the facility which
will be used by many different groups over the years to
come. On behalf of the Friends, I thank all the people for
their support. It has been a privilege to be part of the group
leading into the new era.
--Bob Gagne, President
Friends of the Southshore
Senior/Community Center
:t-~
i
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~..'~'''.-,,'t
The Southshore Center
J
.
..~~..
;...... .',.' "'. "
.' . ";". ; .. - " ~. . : .-'
.
The Southshore Center, nestled in a wooded glen, is convenient
to the residents of the Southshore area of Lake Minnetonka. It is
available for rental. The facility can seat up to 200 for dining.
Small group meeting space is also available. Inquiries can be
directed to the Center at 474-7635 during business hours.
The Friends of the Southshore Senior/Community Center
acknowledge and thank the members of the Senior Task Force for
their vision, dedication and efforts to the concept and proposal of
this project which leads us to the new era.
Chuck Britzius
Ed Fuller
Bob Gagne
Jan Gray
Vern Haug
Ida Juhl
Senior Task Force Members
Tim McGlynn
Rod MacPherson
Dan Ryerson
Irene Sanko
Jerry Sjoberg
Vi Tendall
.
.. We dedicate this first annual report
to the memories of
Ida Juhl and Vi Tendall.
.
Friends of tbe Soutbsbore Seniol. Centel.
5735 Country Club Road
Ex~elsior, MN 55331
474-7635
.
.
First Annual Report
of the Friends of the Southslwre
Senior/Community Center
1996
A new era begins...
serving the senior residents and the community
in the Southshore Communities
of Lake Minnetonka.
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, APRIL 1, 1997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Pisula called the meeting to order at 7 :00 p.m.
ROLL CALL
Present:
Chair Pisula; Commissioners Champa, Kolstad, Lizee, and Turgeon;
Council Liaison O'Neill; and Planning Director Nielsen; Engineer Brown.
Absent:
Commissioners Borkon and Foust.
.
APPROVAL OF MINUTES
Turgeon moved, Kolstad seconded approving the March 18, 1997, Planning
Commission Meeting Minutes as amended on Page 1, Item 1, Paragraph 3,
Sentence 2, change "possibly" to "possible"; Page 2, Item 4, Paragraph 1, Last
Sentence, change "emitting" to "emitted." Motion passed 4/1 (Commissioner
Lizee abstained.)
1. PUBLIC HEARING - SETBACK VARIANCE AND VARIANCE TO
EXPAND A NONCONFORMING STRUCTURE
Applicant: Rocky Waldin
.
Location: 5755 Merry Lane
Rocky Waldin and Judy Christensen were present with their family.
Chair Pisula opened the public hearing at 7: 11 p.m. Hearing no public testimony, the public
hearing was closed at 7: 11 p.m.
Commissioner Lizee inquired if the previous variance included the porch addition. Nielsen
confirmed that an addition of approximately six feet had been included in the resolution at that time.
Commissioner Turgeon questioned what action had been taken relative to the request in 1990. Mr.
Waldin recalled that in 1990, the Planning Commission had recommended granting the variance
with the exception of the porch area. Ms. Christensen explained there had been a split decision.
She explained with the current request they had reviewed several variations of the plans and the
one being presented best minimizes the encroachment into the setback area.
Chair Pisula explained that the granting of variances is controlled by state law. He explained the
criteria which must be met before granting a variance.
Commissioner Kolstad did not feel there was a justification for the porch area. Commissioner
Turgeon felt the plan could be completed without the addition of the porch. She commented the
porch fits where it is now and did not feel it needs to be expanded. Commissioner Turgeon was
not in favor of an additional 19- foot variance on a nonconforming piece of property when it is not
PLANNING COMMISSION MINUTES
APRIL 1, 1997 - PAGE 2
necessary. She stated it is important in these situations to minimize to whatever extent possible the
amount of encroachment.
Chair Pisula recognized the site to be a challenge and commended the applicants on the efforts
which were made to minimize the second story intrusion into the setback area, however, he shared
the concerns of Commissioners Lizee, Kolstad and Turgeon relative to the encroachment of the
porch.
Turgeon moved, Lizee seconded approving the setback variance and variance to
expand a nonconforming structure, with the exception the porch not be included
in the plan, subject to staff recommendations, for Rocky Waldin, 5755 Merry
Lane.
Commissioner Champa stated he did not have a problem with the request and was not in agreement
with the concerns of the other commissioners.
Commissioner Kolstad stated she will be voting against the motion because she does not feel it is .
necessary, however, she felt the applicant had done a good job on the plans.
Motion passed 4/1. (Commissioner Kolstad was the dissenting vote).
2. PUBLIC HEARING - C.U.P. AND VARIANCE FOR ACCESSORY SPACE
OVER 1200 SQ. FT. AND C.U.P. FOR A SPECIAL HOME OCCUPATION
PERMIT AND VARIANCE TO FENCE HEIGHT REGULATIONS
Applicant: Jay and Dory Venero
Location: 5985 Seamans Drive
Jay and Dory Venero were present to address their request. Mr. Venero felt the criteria with
respect to hardship had been met. He stated the greenhouse is being proposed for hobby
purposes.
Chair Pi suI a opened the public hearing at 7:47 p.m.
Robert Picha, 5930 Seamans Drive, spoke in favor of Mr. Venero's request. He spoke to the way
in which Mr. Venero keeps his property and noted Mr. Venero to be an excellent builder. Mr.
Picha asked the Planning Commission to approve the request.
Cory Nelson, 5980 Seamans Drive, noted he would be the most affected neighbor. He also
commended the Veneros on the upkeep of their property. Mr. Nelson felt this could be granted
conditionally and in the event the Veneros move, the permit could be rescinded. He recommended
the Planning Commission approve the request of the Veneros.
Colleen Moore, 5955 Seamans Drive, commented the work the Veneros have completed in the past
has always been high quality work. She also urged the Planning Commission to approve the
request.
.
Mike Venero, Jay and Dory Venero's son, commented his parents have done an incredible job with
the property. He stated this would be a hobby based business. He further stated the requested
square footage would not allow for anything other than a very low scale business. He requested
the Planning Commission vote in favor of the request.
Hearing no further public testimony, Chair Pisula closed the public hearing at 7:55 p.m.
PLANNING COMMISSION MINUTES
APRIL 1, 1997 - PAGE 3
Commissioner Turgeon explained variance criteria is mandated by the State of Minnesota.
Variances must meet all of the criteria. She expressed concern and inquired whether the Veneros
wished to proceed knowing that all of the criteria must be met. In addition, she inquired whether
or not they would be pursuing a zoning text amendment.
Mrs. Venero stated it to be her understanding they would only need to meet one of the criteria as
opposed to all of them, however, she expressed her belief there needs to be an amendment to the
ordinance.
Commissioner Turgeon explained if the request is denied, a similar request could not be made for
another six months. She wanted to ensure the applicants fully understand the process involved.
Nielsen clarified they could not apply for another variance during that time frame, however, they
could request an amendment.
.
Mike Venero stated his belief there are some exceptions which could be made to the variance
criteria. He questioned the definition of hardship. Commissioner Turgeon explained a hardship
would apply when a property owner is unable to make reasonable use of their property. There is a
formula for accessory space so that a property would not have an accessory building larger than the
primary dwelling. Mr. Venera stated his understanding his parents would need to build a larger
home in order to satisfy the accessory space requirements. Since his parents are not in need of a
larger home and a variance would be needed for the accessory space, this would then create a
hardship.
Commissioner Kolstad asked about the size of the home on the property and how it would
compare to an average house size for a 40,OOO-square foot lot in Shorewood. Nielsen stated he
did not have that information. He commented this would be smaller than the newer homes which
are being built in Shorewood.
Mr. Venero commented he is being limited because he has a modest home. He felt this to be an
issue which will come up again. Mr. Venera did feel denying his request would not allow him a
reasonable use of the property.
.
Cory Nelson questioned the criteria for granting variances. The criteria for granting variances were
displayed and Commissioner Kolstad explained they are state requirements with respect to granting
variances. Nielsen explained the state allows the city to establish zoning requirements which are
established as laws which apply to everyone. With respect to zoning, the state will allow certain
exceptions to the laws once certain criteria are met.
Planning Director Nielsen pointed out another tool available is a zoning ordinance amendment.
Mr. Nelson stated it would be a one year process to amend a zoning ordinance. Nielsen explained
it actually would take about the same amount of time as a variance request. Mr. Nelson felt the
Planning Commission to have discretion in determining a hardship.
Commissioner Champa commented on the hardship criteria and questioned whether the property
owner would suffer a hardship in the event he purchased this property which had been built in
such a way that he could not obtain a variance. Nielsen stated the ordinance states the amount of
accessory space cannot exceed the amount of principle space. Champa felt if the applicant could
not get a variance to subdivide, then that portion of the lot would be unusable which creates a
hardship. He commented he would like to find a way to accommodate both the applicant and the
variance criteria without changing the ordinance. Commissioner Champa was not in favor of
amending the ordinance, but felt that each request should be considered separately.
PLANNING COMMISSION MINUTES
APRIL 1, 1997 - PAGE 4
Mr. Picha asked if the Planning Commission and the City Council could approve this request in
spite of the variance criteria. Commissioner Kolstad pointed out if a similar request would come in
for a situation which is considered unacceptable, this would create a precedent which would force
the Commission to grant approval. Commissioner Champa was not in agreement with
Commissioner Kolstad.
Commissioner Turgeon inquired whether the applicant would consider utilizing the 652 square feet
which is allotted or if he would be interested in seeking an amendment versus a variance. Mrs.
Venero stated if all of the criteria must be met, they would not qualify for a variance.
Mr. Venero stated this to have been the most upsetting and distasteful process he has had to go
through. He expressed disappointment in the process. He further commented he would not be
willing to downsize from 1500 square feet. Mr. Venero felt the contacts he has had with staff have
been very biased. He stated he would like either a subdivision approved or he would like the
request, as presented, approved.
Commissioner Turgeon inquired relative to the process which would be used to address an
amendment and what the time line would be. Nielsen explained the earliest an amendment could .
come back due to publication requirements would be the May 6th meeting. Council would
consider this either the week before Memorial Day or the Tuesday after. Once the ordinance has
been published, the permit can be issued. A Conditional Use Permit could be done in conjunction
with the amendment.
Commissioner Kolstad stated she would be in favor of an amendment since similar situations have
come up in the past. Commissioner Turgeon wanted to ensure everyone understands the process.
She wanted the Veneros to get the fairest deal possible without losing any money.
Mr. Venero was displeased with the process and the responses he has received from staff. Chair
Pisula clarified for Mr. Venero that Mrs. Venero has stated an interest in the amendment process.
There is some concern relative to the variance. Irrespective of the quality of the work on the
project, the Planning Commission must be consistent and provide people equal protection under
law. Mr. Venero stated he would be in favor of a text amendment if he is guaranteed it is not a
diversionary delay.
Nielsen pointed out accessory buildings would be the section of the ordinance to be addressed.
Commissioner Champa felt an ordinance change would be necessary, however, he expressed
concern relative to making such a change to the ordinance.
.
Cory Nelson felt amending the ordinance would be taking the hard road and did not feel the
ordinance should be amended. He felt the word hardship should be re-evaluated and an exception
made which would allow the request to be granted. He did not feel this would set a precedent.
Commissioner Turgeon reiterated hardship is not the only criteria, but that there are other criteria
which must also be met. Mr. Nelson commented on the neighborhood support of Mr. Venero's
request. Commissioner Turgeon pointed out that legally a Findings of Fact cannot be based on
resident input.
Council Liaison O'Neill felt the amendment to the ordinance would be the route to follow noting
the criteria for a variance does not allow for much latitude.
Commissioner Lizee asked if the fence on the north side of the shed and greenhouse would meet
up with the wall. Mr. Venero stated it will meet with the wall. She stated she would support the
softening with coniferous shrubs.
PLANNING COMMISSION MINUTES
APRIL 1, 1997 - PAGE 5
Commissioner Kolstad would like a maintenance provision which would apply to future owners of
the property to ensure the upkeep of the property.
Turgeon moved to table the C.U.P. and variance for accessory space over 1200
square feet and the C.U.P. for a special home occupation permit and variance to
fence height regulations for Jay and Dory Venero, 5985 Seamans Drive.
Commissioner Champa inquired whether a special home occupation permit could be issued
conditionally in the event the property were to be sold. Nielsen explained the permit goes with the
land as long as the use continues in the same operation.
Kolstad seconded the motion. Motion passed 5/0. Chair Pisula pointed out this will be
further considered at the Planning Commission work session on April 15, 1997.
Chair Pisula recessed the meeting at 9:00 p.m. and reconvened at 9:05 p.m.
3. PUBLIC HEARING - PRELIMINARY PLAT. IRONWOOD HILLS
.
Applicant: Don Christensen
Location:
4905 Suburban Drive
Mr. Christensen was not in attendance.
Nielsen noted the most significant issue relative to this request to be drainage. Nielsen stated it is
staffs recommendation the applicant's plan be tabled until the issues which have been raised can
be resolved.
City Engineer Brown addressed the Commission relative to the issue of drainage. He stated one
option which the applicant may want to consider would be to make this a two lot subdivision
leaving out the cul-de-sac. Brown also recommended tabling this matter until such time as the
storm water issues and the location of the roadway can be addressed.
.
Chair Pisula opened the public hearing at 9:16 p.m.
Don Davis, 4961 Kensington Gate, stated the concerns of the Amesbury Division would relate to
drainage. He stated the property to the south has a low point and there is a culvert which leads to
Sussex Pond. He expressed concerns with the drainage into Sussex Pond.
Lisa Smith, 4945 Suburban Drive, stated the cul-de-sac is not customary for their neighborhood.
She inquired whether there would be steps which could be taken to retain the neighborhood's
present character.
Chair Pisula noted the property owner has property which has the ability to be subdivided. The
property owner has the right to attempt to get as much out of it as possible so long as it is in
keeping with zoning, applicable ordinances and the Comprehensive Plan. The Planning
Commission needs to ensure the law is followed and that any concerns can be addressed.
Ms. Smith questioned how the paving of the roadway would affect drainage. Brown noted this is
the concern which needs to be addressed. There has been some discussion this may be a two lot
subdivision without a street.
PLANNING COMMISSION MINUTES
APRIL 1, 1997 - PAGE 6
Commissioner Champa noted the Watershed District will a hold hearing on this matter and the
residents will receive notice of the hearing. Brown remarked if the developer meets the
requirements of the Watershed District, his request would be approved.
Greg Quirk, 20720 Idlewild Path, asked for an explanation of adequate drainage into retention
ponds. Brown commented on ponds throughout the city which do not have an outlet and serve as
percolation ponds. He stated he would not be in favor of a percolation pond in this area since
ponds of that size tend to overflow.
Bob Boyer, 5020 Suburban Drive, stated a preference for two lots and would be in favor of the
revision which depicts the cul-de-sac moved to the southwest quadrant of the property in line with
the right-of-way for Idlewild Path. He noted there is a drainage problem three lots to the south and
several neighbors have created a drainage type pond. Mr. Boyer commented on the character of
the area and stated he would be opposed to curbs and gutters and felt the street should be
constructed in the manner of the existing streets.
Karen Racouley, 20720 Idlewild Path, asked for clarification of the lot lines and inquired if there
were three full lots. Nielsen stated the lots are well over the required size. .
Allan Erickson, 4885 Suburban Drive, asked if the holding pond would change the size of the lot.
Brown stated this would not detract from the size of the lot. He stated it would be most likely
subject to a drainage and utility easement which would allow the City to maintain the pond if it
were to be established.
Mr. Davis inquired what would be involved in the City maintaining these ponds. Brown explained
sediment removal would be the biggest concern. The City must verify the depth of the pond on a
yearly basis. If the sediment is too deep, the City would be required to dredge the pond to
encourage wetland type vegetation around the perimeter of that pond.
Hearing no further testimony, Chair Pisula closed the public hearing at 9:45 p.m.
Commissioner Turgeon inquired as to any comments Mr. Christensen may have had relative to the
staff recommendations. Nielsen explained he had no comments, but had requested the City's
preference relative to the road.
.
Turgeon moved, Champa seconded to table the preliminary plat - Ironwood Hills,
for Don Christensen, 4905 Suburban Drive, to the May 6, 1997, meeting of the
Planning Commission at which time the recommendations in the staff report can
be met. Motion passed 5/0.
4. SIMPLE SUBDIVISION (Tabled at 4 March 1997 Planning Commission
Meeting)
Applicant: D. Carter, Tradewinds Concepts & Design representing
Lisa Klaverkamp
Location: 23585 Yellowstone Trail
Mr. Carter was present. Nielsen will investigate the matter of the shed on the property and if it is
nonconforming, removal will be required. Mr. Carter stated Mr. Klaverkamp is in agreement with
the staff recommendations which includes the removal of any shed which would be
nonconforming.
PLANNING COMMISSION MINUTES
APRIL 1, 1997 - PAGE 7
Commissioner Lizee remarked she has no problem with the request now that the lot line has been
straightened.
Lizee moved, Turgeon seconded approving the simple subdivision for D. Carter,
Tradewinds Concepts & Design, representing Lisa Klaverkamp, 23585
Yellowstone Trail, subject to staff recommendations and the removal of
nonconforming out buildings. Motion passed 5/0.
5. SIMPLE SUBDIVISION/COMBINATION
Applicant: Don Blumberg
Location: 23820 Lawtonka Drive
Bob Boyer appeared representing the owner of the property and stated he had no further comments
to make. Mr. Boyer did state this simple subdivision would not impact any trees or brush on the
property.
.
Commissioner Lizee asked about the size of the porch. Mr. Boyer commented the structure will be
approximately 10 to 12 feet above the grade.
Turgeon moved, Lizee seconded approving the simple subdivision/combination
for Don Blumberg, 23820 Lawtonka Drive, subject to staff recommendations.
Motion passed 5/0.
6. SIMPLE SUBDIVISION
Applicant: Carol Watsen, representing the Helen Clark Estate
Location: 6110 Mill Street
.
Carol Watsen was present to address the Commission. Ms. Watsen stated she would like the
driveway placed in such as way so as not to affect the maple trees currently in place. She stated
she is familiar with the process and will be certain the staff recommendations are met.
Turgeon moved, Champa seconded approving the simple subdivision for Carol
Watsen, representing the Helen Clark Estate, 6110 Mill Street, subject to staff
recommendations. Motion passed 5/0.
Mr. Carter commended the Commissioners on their handling of the matters which had come before
them for consideration earlier in the evening.
7. MATTERS FROM THE FLOOR - None
8. REPORTS
Commissioner Turgeon commented she felt staff should not be presenting as matters from the
floor. She felt "'/hen staff has an issue to be raised, they should be placed on the agenda so that it
can be noticed. Commissioner Turgeon commented on the March 24, 1997 City Council Meeting
and Chief Young's presentation during Matters from the Floor. She felt staff should not present
information as Matters from the Floor, but should be placed on the agenda so the presentation can
be noticed.
.
,"".
PLANNING COM1\HSSION MINUTES
APRIL 1, 1997 - PAGE 8
Concern was raised relative to the Velikson matter. Commissioner Turgeon felt there should have
been some explanation of what had happened on the Planning Commission level. Commissioner
Kolstad was in agreement and expressed concern relative to the appropriateness of the open forum
prior to the meeting and felt it should have perhaps come earlier in the process. Chair Pisula also
expressed concern relative to this matter.
Chair Pisula noted Mayor DaWberg would like to meet with the Planning Commission relative to
the Communications Plan and the issue of measurements.
Commissioner Kolstad stated due to the lateness of the hour, she will report on New Urbanism '97
at the next work session.
Commissioner Turgeon reported she has been asked by the Minnehaha Watershed District to be a
part of the Chain of Lakes project.
9. ADJOURNMENT
Lizee moved, Turgeon seconded to adjourn the meeting at 10:35 p.m.
.
RESPECTFULL Y SUBMITTED,
Cheryl Wallat
Recording Secretary
TimeSaver Off Site Secretarial
NOTE: Corrections to minutes by the Planning Commission are shown as italics for additions and
strikeouts for deletions.
.
0>
...-~
MAYOR
Tom Dahlberg
CITY OF
SHOREWOOD
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB, ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
FAX (612) 474-0128' www.state.net/shorewood . cityhall@shorewood.state.net
MEMORANDUM
.
TO:
FROM:
DATE:
RE:
Planning Commission, Mayor and City Council
Brad Nielsen
25 March 1997
Waldin, Rocky - Setback V arianceN ariance to Expand a Nonconforming
Structure
FILE NO.:
405 (97.04)
.
In 1990 Mr. Rocky Waldin was granted a variance to add on to his existing home at 5755
Merry Lane. His house is located entirely within the 75-foot setback area from Christmas
Lake. Consequently, any addition to the home requires a variance. This request was
analyzed in staff reports, dated 3 July 1990 (Attachment I) and 1 August 1990 (Attachment
II). The approval is set forth in Council Resolution 93-90 (Attachment III). Since
variances must be used within one year, and the Waldins were unable to complete the
addition within that year, the variance approval has expired.
The Waldins' circumstances remain unchanged from the earlier request, except that they are
now prepared to proceed with the addition. It is once again recommended that the variance
be approved, subject to the same conditions contained in the earlier staff report.
cc: Jim Hurm
John Dean
Rocky Waldin
-:ft 0 A
A Residential Community on Lake Minnetonka's South Shore
MAYOR
Jan Haugen
COUNCI L
Kristi Stover
Robert Gagne
Barb Brancel
Vern Watten
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
~.m~.lORANDUM
1'0:
PLANNING COMMISSION, MAYOR AND CITY COUNCIL
FROM:
BRAD NIELSEN
DATE:
3 JULY 1990
.
RE:
WALDIN, ROCKFORD - SETBACK VARIANCE AND C.U.P.
FILE NO.: 405 (90.17)
BACKGROUND
Mr. Rockford Waldin has submitted plans for the expansion of his home at 5755
Merry Lane (see Site Location map - Exhibit A, attached). Since the existing
house is located entirely within the 75 foot lakeshore setback for Christmas
Lake (see Exhibit B), a variance is necessary for virtually any addition to
the home.
.
The existing home contains 1209 square feet on the main level with 378 square
feet of tuckunder garage and 432 square feet of basement beneath it. As can
be seen on Exhibit B the applicant proposes to add a 21' x 44' addition on
the west side of the existing structure. From that he proposes to extend a
24' x 28' garage with a 16' x 18' workshop on its south side. A 19' x 24.5'
second story is proposed over the north end of the building, plus a 11' x 12'
dormer for the stairway. He also proposes to expand the existing
three-season porch from 10.5' x 14' to 16.5' x 14'. The total amount of new
living space proposed is 1606 square feet. New accessory space totals 960
square feet. The total of existing and proposed space is as follows:
basement
main level
second story
garage/workshop
square feet
" tI
432
2217
598
1338
" 1t
It n
The property is zoned R-1A, Single-Family Residential and, according to the
applicant contains approximately three-fourths of an acre. The setback
problem is complicated by a driveway easement which serves the property to
the south of the applicant's. Strict interpretation of the Zoning Ordinance
requires a 50 foot setback from this driveway or easement. This and the
lakeshore setback render the lot almost unbuildable. For purposes of this
report, we have concentrated on the variances associated with the lakeshore
setback.
Attachment I
...;, Residential Communir'l on Lake Minnetonka's South Shore
,
Re: Waldin, Rockford
Setback variance and C.U.P.
3 July 1990
l~s proposed the following variances are necessary:
second story addition 33 foot variance
porch addition 19""
main level addition 9 II "
In addition to these variances, a conditional use pe~~it is necessary for
accessory space in excess of 1200 square feet of area.
Mr. Waldin explains his request in a letter dated 4 June 1990 - Exhibit C,
attached.
ISSUES AND ANALYSIS
.
Mr. Waldin has been working on his plans for nearly a year and has met with
me on more than one occasion. In discussing his preliminary plans, he was
advised of the criteria for granting variances and that historically the city
has taken a conservative posture with regard to variances to lakeshore
setbacks. Given a choice between a lakeshore variance and a variance to the
setback adjoining a private road or driveway, it was assumed that the City
would opt for the latter. Based upon that assumption, it was suggested that
any expansion of the existing structure should be away from the lake.
While Mr. Waldin's preliminary plans were prepared on that basis, his
application now includes adding a second story within the lakeshore setback.
Following is an analysis of each aspect of Mr. Waldin's request:
A. Main Level Addition. The 21' x 44' addition encroaches only nine feet
into the required setback area and is consistent with the direction
suggested to the applicant since our first discussions. As noted
earlier, any addition at all to the existing structure requires a
variance. The main level addition minimizes the variance as much as can
be ex"pected.
.
B. Porch Addition. The applicant proposes to lengthen the existing
three-season porch by six feet, all of which is within the setback area.
If expansion of the porch is considered essential, the plan should be
modified to extend it westward.
C. Second Story Addition. As proposed the second floor increases the
nonconformity of the existing structure. The applicant's previous plans
proposed a design which went up from the proposed main level addition and
over the new garage. It is recommended that he be directed to reconsider
his earlier design alternative which minimizes encroachment into the
lake shore setback area.
D. C.U.P. - Accessory Space. Although not referenced in the legal notice
for his request, the amount of existing and proposed garage space (1338
square feet) exceeds 1200 square feet, thus requiring a conditional use
permit. Even without the second floor addition the area of accessory
space would not exceed the area of the principal structure.
- 2 -
.
.
Re: Waldin, Rockford
Setback variance and C.U.P.
3 July 1990
RECOMMENDATION
The applicant's proposal is somewhat similar to the Weissner variance request
reviewed by the City this past year. While expansion of any kind will
require some variance in this case, it should be minimized to the extent
possible.
It is recommended that the variances for the main level addition and garage
be considered favorably. The applicant should be directed to redesign his
plans, however, to eliminate the second floor and porch additions. Given the
extent of the expansion, every effort should be made to make the new space
comply with setback requirements as much as possible.
It is worth noting that the applicant has a right to a decision on his plans
as proposed. If he is unwilling to modify his plans, and the request is
denied, a similar request will not be heard for six months.
BJN:ph
cc: Larry Whittaker
Glenn Fl..oberg
Rockford Waldin
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5 ITE LOCATION
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PROPOSEL 'J.L 1 L-o ~
June 4, 1990
Mr. Bradley Nielsen
City Planner/Building Official
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Variance Request
5755 Merry Lane
PID # 35-117-23-14-0002
.
Dear Mr. Nielsen:
Attached please find an application for a variance, as
required by the City of Shorewood, to build a garage and
living space addition at the above referenced address. Due to
the position of the existing home on the property, a setback
variance from Christmas Lake will be needed.
This request for a variance is necessitated by the following
hardships:
.
* The position of the existing home on the property makes a
totally conforming addition impossible. The home is
completely within the 75 foot setback from the lake. Any
addition will require encroaching upon this area. Our
goal is to minimize this encroachment while fulfilling
our building needs.
* An easement through the rear portion of the property,
which allows access to the Andersons' home as well as
the installation of city services, greatly reduces the
buildable area of the property.
* The layout of the property and its topography further
restrict the buildable area. The land slopes towards the
water, causing a need for excavation for any construction
behind the existing structure. This, plus the easement,
also makes it difficult to position a garage having
adequate access and egress.
Exhibit C
APPLICANT'S REQUEST LETTER
.
.
* The existing home has a single car tuck-under garage,
which offers virtually no storage space for outdoor
equipment. Presently, the vehicles parked outside may be
considered an eyesore to other lake residents. We are
also concerned about theft and vandalism, especially with
the close proximity of the Public Access. Users of the
Access frequently picnic on the adjacent property (owned
by Interstudy), less than 20 feet from our vehicles.
The building plan, as presented, is our best attempt to
minimize the impact of the new construction on neighboring
residences and its visibility from the lake. It is almost
entirely behind the existing structure, and will complement
the existing natural tree and vegetation growth. It will
compare favorably with the surrounding residences while making
reasonable use of our property, which totals about 3/4 of an
acre.
Based on all the above factors, we respectfully request a
variance be granted for the proposed addition.
Sincerely,
!3dr ~
Rocky Waldin & Judy Christensen-Waldin
Exhibit C-2
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EXISTING FLOOR PLAN
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HANNAN ARCHITECTURE
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Exhibit F
PROPOSED BUILDING ELEVATIONS
\ eLEV~ll~ ~,"J
MAYOR
Jan Haugen
COUNCI L
Kristi Stover
Robert Gagne
Barb Brancel
Vern Watten
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEHORANDUl-i
TO:
PLANNING COMMISSION, MAYOR AND CITY COUNCIL
FRat>!:
BRAD NIELSEN
.
DATE:
1 AUGUST 1990
kE:
WALDIN, ROCKFORD - REVISED PLANS
FILE NO.: 405 (90.17)
Having had his setback variance request tabled at the July Planning Commission
meeting, Mr. Waldin has submitted revised plans for review by the Planning
Commission (see Exhibits A - C).
.
The new plans maintain the previously proposed footprint. The second floor
addition, however, is now proposed to be constructed above the new addition
rather than the existing main floor of the house. The applicant's architect
points out that tying the new second floor to the existing structure requires
some encroachment of the new roof lines into the setback area. As mentioned in
the previous staff report, any addition to the structure will require some
variance. Assuming the addition is a reasonable use of the property, the
roofline encroachment is considered essential.
The revised plans still propose to enlarge the three-season porch by six feet.
This additional encroachment to the lakeshore setback is not recommended.
With the exception of the screen porch, the applicant and his architect should
be commended for adapting their plans to the site as well as Shorewood's zoning
requirements. It is recommended that the porch variance be handled separately
from the remaining addition. While approval of the addition is recommended,
approval of the porch is not.
BJN:ph
cc: Larry Whittaker
Glenn Froberg
Rockford Waldin
Paul Hannon
Attachment II
A Residential Community on Lake Minnetonka's South Shore
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Exhibit A
REVISED SITE PLAN
vJaldin \Tariance
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17770 WEST 58TH StREET ' MINi~ETONKA. MIN1~ESOT^ 553~5 . 1612193~.9406
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REVISED ELEVATIONS
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RESOLUTION NO. 93 90
A RESOLUTION GRANTING A VARIANCE TO
ROCKFORD WALDIN
TO ADD ON TO A NON-CONFORMING STRUCTURE
AND A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE
WHEREAS, Rockford Waldin (Applicant) is the owner of real
property located at 5755 Merry Lane, City of Shorewood, County of
Hennepin, State of Minnesota, legally described in Exhibit A, attached
hereto and made a part hereof~ and
WHEREAS, Applicant has an existing single-family dwelling, which
dwelling is located entirely within the 75 foot lakeshore setback area~
and
.
WHEREAS, Applicant has applied for a variance to construct an
addition at the rear of the existing building consisting of a two-story
living space addition, a 1,338 square foot garage/workshop addition, and a
three-season porch addition on the south side of the existing building,
which will lengthen the existing three-season porch by six (6) feet, all
of which is within the setback area~ and
WHEREAS, the Shorewood City Code requires a Conditional Use
Permit for the construction of accessory space containing a total square
footage in excess of 1,200 square feet~ and
WHEREAS, after required notice a public hearing was held and the
application reviewed by the Planning Commission at regular meetings held
on 17 July 1990 and 7 August 1990, the minutes of which meeting are on
file at City Hall~ and
.
WHEREAS, the Applicant appeared before the City Council at a
regular meeting of the Council held on 27 August 1990, at which time the
Planner's memoranda were reviewed and comments were heard by the Council
from the Applicant and from the City staff~ and
WHEREAS, the City Attorney was directed by the City Council to
prepare a resolution setting forth Findings and Conclusions approving the
Applicant's request for a variance and conditional use permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
Attachment III
FINDINGS OF FACT
1. T hat the subject property is a lakes hare lot located in a
R-1A single-family residential zoning district which requires a 75 foot
lakeshore setback.
2. T hat the existing building on the property is located
entirely within the lakeshore setback area and is therefore a
non-conforming structure.
3. T hat the proposed rear-yard addition will extend
approximately nine (9) feet into the lakes hare setback, and the porch
addition at the south side of the existing building will extend
approximately nineteen (19) feet into the lakeshore setback area, both of
which additions will increase the non-conformity of the structure.
.
4. That any addition to a non-conforming structure which
increases the non-conformity requires a variance pursuant to the Shorewood
City Code.
5. T hat the total proposed accessory space (1,338 square feet)
does not exceed the "footprint" area of the principal structure (2,217
square feet).
6. T hat the total area of the accessory space does not exceed
ten per cent (10%) of the minimum lot area for the R-1A zoning district in
which it is located (4,000 square feet).
7. T hat the two-story addition and garage/workshop at the rear
of the existing building and the extended three season porch on the south
side of the building have been designed as an integral part of the
existing home and the building is architecturally appropriate for the
area.
.
8. T hat due to the configuration of the lot and the location of
the existing building on the lot, the Applicant has no alternative means
of achieving a reasonable use of the property under the terms of the
zoning code.
9. T hat the additions proposed by the Applicant constitute a
reasonable use of the property and would have minimal impact on the
neighboring properties.
CONCLUSIONS
1. That Applicant has satisfied the criteria for the grant of
variances under the Shorewood City Code and has established an undue
hardship as defined by Minnesota Statutes.
.
.
2. That Applicant has satisfied the criteria for the grant of a
conditional use permit under the Shorewood City Code and Minnesota
Statutes.
3. That based upon the foregoing, the City Council hereby grants
the Applicant's request for variances and a conditional use permit as set
forth hereinabove.
4. That the City Administrator/Clerk is hereby authorized and
directed to provide a certified copy of this resolution for filing with
the Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
10th day of September, 1990.
\A--TTEST: /"" , I"~ J
/--/K./-." j,.' T I (,I! f-( '( r.._
: ,,~U....-{ji..ll-L.( L, -'\....I'^-_:...1.-fti.:. 'L-
\jLaurence E. Whittaker
City Administrator/ Clerk
Roll Call Vote:
Ayes - S
Nays - 0
LEGAL DESCRIPTION
.
"Lot 190 and that part of Lot 191, which lies southerly of the following
described line: Commencing at the northeast corner of Section 35, Township
117, Range 23, Hennepin County, Minnesota; thence south along the east line
of said Section 35 a distance of 103.00 feet; thence southwesterly
deflecting right 37 degrees, 15 minutes, 48 seconds a distance of 2224.14
feet to the point of beginning of the line to be described; thence
southeasterly deflecting left 91 degrees 22 minutes 41 seconds a distance
of 56.57 feet, thence southeasterly deflec~ing right 9 degrees 55 minutes
43 seconds a distance of 148.95 feet; thence northeasterly deflecting left
68 degrees 30 minutes 21 seconds to the shoreline of ChrisG~as La~e and
said line there ending, Auditor's Subdivision Number One Hundred and
Twenty, Hennepin County, Minnesota, according to the plat thereof on file
or of record in the office of the Registrar of Titles in and for said
County."
.
EXHIBIT A
,;.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY
FOR LISA KLA VERKAMP
.
WHEREAS, Lisa Klaverkamp (Applicant) is the owner of certain real property in
the City of Shorewood, legally described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant has applied to the City for a subdivision of said real property
into two parcels legally described in Exhibit B, attached hereto and made a part hereof; and
WHEREAS, the Applicant and all other parties holding an interest in said real property
have agreed to grant to the City drainage and utility easements legally described in Exhibits C and
D, attached hereto and made a part hereof; and
WHEREAS, the subdivision requested by the Applicant complies in all respects with the
Shorewood Zoning Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
I . That the real property legally described herein be divided into two parcels, legally
described in Exhibit B.
2. That the City Clerk furnish the Applicant with a certified copy of this resolution for
recording purposes.
3. That the Applicant record this resolution, together with the drainage and utility
easements legally described in Exhibits C and D with the Hennepin County Recorder or Registrar
of Titles within thirty (30) days of the date of the certification of this resolution.
.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th
day of April 1997.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
fa. B.
PROPOSED LEGAL DESCRIPTION OF NORTHERLY PARCEL:
A.at part of Lot 208, Auditor's Subdivision No. 135, llenncpin County, l'vlinnesota, which lies northerly or the
1'0 ing described line: Commencing at the southwest corner of said Lot 203; thence northerly along the west line
thereof a distance of 311 feet to the point of beginning of the line to be described; thence northeasterly a distance of
190.95 feet to the southeast corner of said Lot 208 and there terminating.
Subject to easements for drainage and utility purposes over the easterly and southerly ten feet thereof.
PROPOSED LEGAL DESCRIPTION OF SOUTIIERL Y PARCEL:
That part of the West 230.5 feet of Lot 203, Auditor's Subdivision No. 135, Hennepin County, Minnesota, which li:s
northerly of the following described line: Commencing at the sOllthwest corner of said Lot 203; thence northedy
along the west line thereof a distance of J 70 feet to the point of beginning of the line to be described; theLcc
northeasterly, deflecting to the right 77 degrees a distance of 236.56 feet to the east line of said west 230.5 leet and
there terminating;
.
Exhibit B
.
MAYOR
Tom Dahlberg
CITY OF
SHOREWOOD
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB, ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net
MEMORANDUM
.
TO:
FROM:
DATE:
RE:
FILE NO.:
Planning Commission, Mayor and City Council
Brad Nielsen
30 January 1997
Klaverkamp, Lisa - Simple Subdivision
405 (96.29)
BACKGROUND
Mr. D. Carter, Tradewinds Concepts and Design, represents Lisa Klaverkamp in her application
for a simple subdivision of her property located at 23585 Yellowstone Trail (see Site Location
map - Exhibit A, attached). Ms. Klaverkamp proposes to split the property into two single-
family lots as shown on Exhibit B.
.
The subject property is located in the R-1C, Single-Family Residential zoning district and
contains 70,158 square feet in area. The property is occupied by a single-family residence and a
detached single-car garage which has been converted into a stable. The site is quite level where
the existing home is located, but rises significantly toward the south at slopes of nearly 30
percent. As can be seen on the attached exhibits numeroUs trees exist on the southerly portion
of the property. "
As proposed the subdivision would result in one lot (with the house on it) containing 43,065
square feet of area, and one lot with 27,093 square feet. '
ANAL YSIS/RECOMMENDATION
The R -1 C zoning district requires lots to be at least 20,000 square feet in area, 100 feet wide at
the building line, and at least 120 feet deep. While the existing home complies with the setbacks
of the R -1 C district, the garage/stable does not. It is only four feet from the right-of-way of
Charleston Circle, whereas 35 feet is the required setback. It becomes even more
nonconforming with the creation of the new lot. As shown on the applicant's survey, it will be
13 feet from the new lot line, where 40 feet is required. This building is in relatively poor
condition, showing signs of deterioration and having only a dirt floor. Although the
advisability of moving the stable into compliance is questionable, the applicant should be given
the choice of moving it or removing it entirely.
A Residential Community on Lake Minnetonka's South Shore
Re: Klaverkamp, Lisa
Simple Subdivision
30 January 1997
Removal or relocation of the stable building has another advantage in terms of the configuration
of the proposed lots. As proposed the new lot line angles significantly toward Charleston
Circle. Good subdivision and lot design avoids such angles and creates lot lines as
. perpendicular to the right-of-way as possible. Swinging the lot line to the north as shown on
Exhibit C not only accomplishes this, but provides more opportunity for a home to be located
on the more gradual part of the slope of the new lot. This helps to avoid the area where the
slope is the steepest and provides more opportunity to save trees.
It should be noted that the tree inventory included with the applicant's survey does not show
tree species. Since the subdivision itself results in no loss of trees, tree preservation and
reforestation can be addressed with the building permit for the new lot.
.
Shorewood's Comprehensive Plan strongly recommends good site design practices and
avoidance of steep slopes. It is recommended that the proposed subdivision be approved
subject to the following: . . . . -
1. The applicant should be directed to have her survey revised, swinging the new lot line to
the north as shown on Exhibit C.
2. The applicant's surveyor should prepare revised legal descriptions for the proposed lots.
3. The applicant's surveyor must prepare legal descriptions for drainage and utility easements
which are required 10 feet on each side of each rear and side lot line.
4. The applicant's attorney must prepare deeds to the City for the drainage and utility
easements referenced in 3. above.
5 . The applicant must provide an up-to-date (within 30 days) title opinion or title commitment
for review by the City Attorney.
.
6. The items listed in 1.- 5. above must be completed prior to the preparation of a resolution
approving the subdivision.
7. Prior to release of the resolution approving the subdiVision, the applicant must pay a park
dedication fee ($1000), a local sanitary sewer connection charge ($1000), and a trunk water
charge ($5000) for the new lot. Credit is given for the lot with the existing home on it. It
should be noted that the applicant may petition to have the trunk water charge assessed
against the property.
8 . The applicant must execute a recordable document notifying future owners of the southerly
lot that it will be subject to further assessment at such time as City water is made available
to the property.
9. Grading and drainage plans for the new home on the southerly lot must be approved by the
City Engineer.
10. Once the applicant has received the Council resolution approving the subdivision, she must
record it with Hennepin County within 30 days or the approval is void.
cc:
Jim Hurm
Larry Brown
John Dean
Lisa Klaverkamp
C. Carter
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Exhibit C
RECOMMENDED DIVISION
MAYOR
Tom Dahlberg
CITY OF
SHOREWOOD
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB, ROAD · SHOREWOQD, 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
Brad Nielsen
FROM:
.
DATE:
RE:
28 February 1997
Klaverkamp, Lisa - Simple Subdivision
FILE NO.:
405 (96.29)
This item was tabled at the last meeting because neither the applicant nor her representative, D.
Carter, appeared at the meeting. The attached letter was sent to Mr. Carter and copied to Ms.
Klaverkamp. To date we have received no response. The applicant's father called last week, at
which time we discussed the issues raised in our previous staff report and those raised by the
Planning Commission. I also spoke earlier this week with the surveyor for the project. He has not
heard anything from Mr. Carter, but is checking into issues raised by the Planning Commission. I
will report on any new information we receive at Tuesday night's meeting.
cc:
Jim Hurm
John Dean
D. Carter
Lisa Klaverkamp
.
A Residential Community on Lake Minnetonka's South Shore
C.,-
FilE COpy
MAYOR
Tom Dahlberg
.
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
CITY OF
.--S HOREWO OD
5755 COUNTRY CLUB,ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net
11 February 1997
---------~
~. D. C~-SI______
Tradewinds Concepts and Design
18001 Highway 7
Minnetonka, MN 55345
.
Re: Klaverkamp Subdivision Application
Dear Mr. Carter:
.
At its 4 February meeting the Shorewood Planning Commission reviewed the above-
referenced application for subdivision. Neither you nor the owner appeared at the meeting.
The Commission felt it was important to discuss issues raised in the 30 January 1997 staff
report with you or the property owner. In addition to those issues questions were raised
relative to the completeness and accuracy of the survey and tree inventory. The
Commission did not feel that the survey included all significant trees and a shed on the
property was not shown.
Rather than deny the request or approve a revision to the plan without your input, the
request was tabled to the 4 March Planning Commission meeting. Prior to that time you
are requested to resolve the survey issues. It may be worthwhile to meet with me soon to
review the issues which have been raised.
This letter will also serve to notify you that the processing of this request will take longer
than the 60 day review deadline imposed by Minnesota Statutes ~15.99.
Please call to arrange a time to meet with me.
Sincerely,
CITY OF SHOREWOOD
~7J i}d~
Bradley J. Nielsen
Planning Director
cc: Jim Hurm
Larry Brown
John Dean
Lisa Klaverkamp
A Residential Communit1j on Lake Minnetonka's South Shore
CITY OF SHOREWOOD
RESOLUTION NO.
RESOLUTION APPROVING SUBDIVISION AND COMBINATION
OF REAL PROPERTY
WHEREAS, Donald Blumberg (Applicant) is the owner of certain real property in the
City of Shorewood, County of Hennepin, State of Minnesota, legally described as:
"Lot 12, Block 1, Gideon Cove"; and
WHEREAS, Applicant proposes to acquire part of an adjoining parcel which is owned by
the Gideon Cove Homeowners Association, Inc. which parcel is described as:
.
"Lot 13, Block 1, Gideon Cove"; and
WHEREAS, the portion of Lot 13 which the Applicant proposes to acquire is legally
described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant has requested a subdivision and combination which will result
in two new legal descriptions as shown on Exhibit B, attached hereto and made a part hereof; and
WHEREAS, the subdivision and combination requested by Applicant complies in all
respects with the Shorewood City Code; and
WHEREAS, the application was reviewed by the City Planner, and his recommendations
were duly set forth in a memorandum to the Planning Commission, dated 26 March 1997, which
memorandum is on file at City Hall; and
.
WHEREAS, the application and the Planner's recommendations were reviewed by the
Planning Commission at a regular meeting held on 1 April 1997, the minutes of which meeting are
on file at City Hall; and
WHEREAS, the application was considered by the City Council at a regular meeting of
the Council held on 28 April 1997, at which time the Planner's Memorandum and the
recommendations of the Planning Commission were reviewed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That Lots 12 and 13, Block I, Gideon Cove be subdivided and recombined to form
the two parcels legally described in Exhibit B.
2. That the City Clerk furnish Applicant with a certified copy of this resolution for
recording purposes.
4. That Applicant shall cause to be recorded this Resolution together with the Second
Amendment to Declaration of Covenants, Conditions and Restrictions for Gideon
Cove, attached hereto as Exhibit C, and made a part hereof, together with the
requisite number of signatures of homeowners and first mortgagees of Gideon
Cove, with the Hennepin County Recorder or Registrar of Titles within sixty (60)
days of the date of certification.
(o,c,
, ': '
.
.
That part of Lot 13, Block 1, GIDEON COVE, according to the recorded plat
thereof, described as follows:
Beginning at the most southerly corner of said Lot 12, thence North 62 degrees
34 minutes 38 seconds West, assuming the southwesterly line of said Lot 12 has
a bearing of North 49 degrees 01 minute 29 seconds West, a distance of 93.23
feet; thence North 0 degrees 35 minutes 00 seconds West a distance of 29.20
feet to the most westerly corner of said Lot 12; thence southeasterly along said
southwesterly line to the point of beginning.
Exhibit A
Boyer Buildinq Corp.
,I 61838-006
DESCRIPTION FOR:
~
.
.
Prepared By:
I
-e-
SCHOELL & MADSON, INC.
ENGINEERS' SURVEYORS. Pl.ANNERS
SOIL TESTING. ENVIRONMENTAL SERVICES
tOUO WAVIATA 8I.VD.
U'HHETOHKA. MH. 5S3U
(l12J .41-7'01 FAX: S"'-'OIS
PARCEL A
Lot 12 and that part of Lot 13, Block 1, GIDEON COVE, according to the recorded plat
thereof, described as follows:
Beginning at the most southerly corner of said Lot 12, thence North 62 degrees
34 minutes 38 seconds West, assuming the southwesterly line of said Lot 12 has
a bearing of North 49 degrees 01 minute 29 seconds West, a distance of 93.23
feet; thence North 0 degrees 35 minutes 00 seconds West a distance of 29.20
feet to the most westerly corner of said Lot 12; thence southeasterly along said
southwesterly line to the point of beginning.
PARCEL B
Lot 13, Block 1, GIDEON COVE, according to the recorded plat thereof; EXCEPT the
following described property:
Beginning at the most southerly corner of Lot 12 in said plat; thence North 62
degrees 34 minutes 38 seconds West, assuming the southwesterly line of said
Lot 12 has a bearing of North 49 degrees 01 minute 29 seconds West, a
distance of 93.23 feet; thence North 0 degrees 35 minutes 00 seconds West a
distance of 29.20 feet to the most westerly corner of said Lot 12; thence
southeasterly along said southwesterly line to the point of beginning.
Mo\en \0, \C;~I
Exhibit B
,
SECOND AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR GIDEON COVE
THIS AMENDMENT, made this _ day of , 1997, to Declaration of
Covenants, Conditions and Restrictions for Gideon Cove made by the Gideon Cove
Homeowners Association Inc. (hereinafter called "Association") with the consent and approval,
attached hereto and made part hereof, of the required number of owners and fIrst mortgagees of
lots in the plat of Gideon Cove;
WI1NESSETH:
.
WHEREAS, real estate described as Lots 1 through 13, Block I, and Outlot A, Gideon
Cove, and Outlots A, B and C, Lawtonka, Hennepin County, Nlinnesota, is subject Declaration of
Covenants, Conditions and Restrictions for Gideon Cove dated September 8, 1992, and fIled in
the Office of the Hennepin County Recorder on January 15, 1993, as Document No. 6025401,
and filed in the Office of the Hennepin County Registrar of Titles on 1anuary 8, 1993, as
Document No. 2333633; and
WHEREAS, said declaration was amended by First Amendment to Declaration of
Covenants, Conditions and Restrictions for Gideon Cove dated April 7, 1993, and fIled in the
Office of the Hennepin County Recorder on Apri115, 1993, as Document No. 6065768, and fIled
in the Office of the Hennepin County Registrar of Titles on , 1993, as Document
No. ; and
WHEREAS, at least 75% of the combined number of fIrst mortgagees of Lots plus
Owners as defmed in said September 8, 1992, declaration approve of this Second Amendment;
.
NOW, THEREFORE, Association, with the consent and approval of the requisite
number of Owners and fIrst mortgagees, hereby amend said September 8, 1992, declaration as
amended by the April 7, 1993, fIrst amendment as follows:
1. Article I, is amended to add Section 4.5 as follows:
"Section 4.5. The follo~ing described part of Lot 13, Block 1, Gideon Cove,
Hennepin County, Minnesota is no longer part of the Common Area as of the date of
this Amendment:
Beginning at the most southerly comer of Lot 12 in said
plat; thence North 62 degrees 34 minutes 38 seconds
West, assuming the southwesterly line of said Lot 12
has a bearing of North 49 degrees 01 minute 29 seconds
West, a distance of 93.23 feet; thence North 0 degrees
35 minutes 00 seconds West a distance of 29.20 feet to
the most westerly comer of said Lot 12; thence
southeasterly along said southwesterly line to the point
of beginning."
Exhibit C
2. Article I, Section 5 is amended to read as follows:
"Section 5. 'Lot' shall mean and refer to any plot of land shown upon any recorded
subdivision map of the Properties with the exception of the Common Area; except
in the case of Lot 12, Block 1, Gideon Cove, 'Lot' shall refer to said Lot 12 and that
part of Lot 13, Block 1, Gideon Cove described as follows:
Beginning at the most southerly comer of Lot 12 in said
plat; thence North 62 degrees 34 minutes 38 seconds
West, assuming the southwesterly line of said Lot 12
has a bearing of North 49 degrees 01 minute 29 seconds
West, a distance of 93.23 feet; thence North 0 degrees
35 minutes 00 seconds West a distance of 29.20 feet to
the most westerly comer of said Lot 12; thence
southeasterly along said southwesterly line to the point
of beginning."
.
3. All the remaInIng provIsIons of said Declaration of Covenants, Conditions and
Restrictions for Gideon Cove, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the Association has hereunto caused this amendment to be
executed on the day and year first above written. . ._- - - -
Gideon Cove Homeowners Association Inc.
By:
Its: President
By:
.
Its: Secretary
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
The foregoing instrument
, 1997, by
the president and secretary of Gideon
corporation, on behalf of the corporation.
was acknowledged before me this _ day of
and
Cove Homeowners Association Inc. a Minnesota
Notary Public
This Instrument Drafted By:
Gary A. Thompson
17717 Highway 7
Minnetonka, Minnesota 55345
'.
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:
Planning Commission, Mayor and City Council
Brad Nielsen
28 March 1997
.
Blumberg - Subdivision/Combination
FILE NO.:
405 (97.08)
BACKGROUND
Mr. Donald Blumberg is the owner of a twinhome located at 23820 Lawtonka Drive (see Site
Location m~p - Exhibit A, attached). He proposes to build a screen porch on the southwesterly side
of his home as shown on Exhibit B. In order to do this he must acquire some additional land from
the common area owned by the Gideons Cove Homeowner's Association.
Gideons Cove is a residential development consisting of 12 twinhome units. Each homeowner
owns the land under his or her twinhome, but the common area around the units is owned by the
Association. The Association has agreed to convey to Mr. Blumberg a triangle of land,
approximately 1210 square feet in area. The lot line rearrangement is shown on Exhibit B.
.
ANAL YSISIRECOMMENDATION
Due to the number of parties having an interest in the portion of the property to be conveyed, the
City Attorney's office was asked to comment on this application. In a letter, dated 22 January 1997
(see Exhibit C), Corrine Thomson sets forth the requirements for processing this request. The
Applicant has obtained consent from the other property owners in Gideons Cove (see Exhibit D).
It should be noted that the proposed screen porch will be 40 feet away from the southerly boundary
of the common area property. The lot to the south of that is currently vacant.
It is recommended that the proposed division and combination be approved subject to the
following:
1. The conveyance and release documents mentioned in paragraph 5. and the amended
declaration mentioned in paragraph 6. of the Attorney's letter should be submitted for the
City files.
A Residential Community on Lake Minnetonka's South Shore
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DESCRIPTION:
Lots 11 and @ Block 1. GIDEON COVE
BENCHMARK:
Spike in loth in 22" maple tree 45:t ft.
southwesterly of cul-de-sac center.
Elevatian .;= 957.1 B feet (NGVD-1929)
GENERAL
1. 0
2.
3.
NOTES:
4.
Denotes iron monument set.
.- Denotes iron monument found.
xS90.0 - Denotes existing spot
elevation.
x(S90.0) - Denotes proposed spot
elevation,
____ - Denotes direction of
surface drainaae.
Prop. home is a walkout.-
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elevation = 956.5
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elevation = 956.1
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elevation = 9~ 7.3
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LAWTONKA
DRIVE
I hereby certify that this survey was
prepared under my supervision and that
I om 0 Licensed Land Surveyor under the
lows of the State of Minnesota.
~ft~
by
This drawing has been checked and
reviewed this ;(.4. 1'h day of
Jut" .192.2..
, ..1JJ ~~..
Theodore D. Kemna
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Dote:
7'f.,S- 93
Ucenso No. 17006
470 Pills bun' Center
200 South Sixth Srreer
Minneapolis .'vl0.' 55402
(612) 337-9300 telephone
(612) 337-9310 ra.,
e-mail: arrys@kennedy-graven.com
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CHARTERED
CORRINE H. THOMSON
Attorney at Law
Direct Dial (612) 337-9217
January 22, 1997
Bradley Nielsen
City of Shorewood
5755 Country Club Road
. Shorewood, MN 55331
Re: Gideon Cove Subdivision
Dear Brad:
This will confirm our discussion of today, regarding a possible subdivision and rearrangement
of Lots 12 and 13, Block 1, GIDEON COVE. As I understand it, the owner of Lot 12 (a
townhome unit) wants to have a portionof Lot 13 (common area) added to Lot 12 so that the
owner can construct a screened porch on his townhome unit.
.
Our preliminary research shows that Lot 13 is owned by the Gideon Cove Homeowners
Association, Inc. and is subject to a Declaration of Covenants, Conditions and Restrictions for
Gideon Cove. Part of Lot 13 is also subject to a mortgage in favor of Builders Development &
Finance, Inc. Based upon our review of the Declaration, the following steps would need to be
completed in order to accomplish the division and rearrangement that has been proposed:
1. Owner needs to have a surveyed description prepared of the portion of Lot 13 to be added
to Lot 12.
2. Homeowners' Association has to consent to the proposed subdivision and sale, following
whatever procedures are specified in the association bylaws. (The mortgagee's consent
is also required, if any portion of Lot 13 subject to the mortgage is included in the
subdivision.) Any consent by the Homeowners Association will not be effective unless
at least 75% of the unit owners and 75% of the first mortgagees consent, by written
recordable instrument, to the proposed subdivision and sale. (Declaration, Art. III, ~ l(c)
and Art. XI, ~ 5(a).)
3. Owner of Lot 12 needs to get architectural approval for structure, as required by Article
IX of the Declaration.
Exhibit C
CITY ATTORNEY'S LETTER
~. ., ~ + - ~ -"
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.
.
4. Owner needs to obtain City Council approval of the subdivision. This could be done by
replatting Lot 12 and Lot 13 or by minor subdivision approved by the City Council.
Minor subdivision is probably simpler and therefore preferable, but the homeowners
association should be consulted about its preferences.
5. Once approval is obtained, the homeowners' association (and possibly the mortgagee) will
need to sign conveyance and release documents, to convey the subdivided portion of Lot
13 to the owner of Lot 12. The consent of the 75% of owners and mortgagees will also
need to be recorded with the conveyance documents.
6. The Declaration will need to be amended to reflect that the subdivided portion of Lot 13
is no longer part of the common area.
The City is involved only in reviewing the survey and providing the approval at paragraph 4.
The retilaining steps are primarily the concern of the owner of Lot 12 and the homeowners
association. The above list is provided as a guide to get the process started; specifically, it is not
intended as legal advice to any person other than the City. The lot owner and homeowners
association should consult their own attorneys regarding the conveyance and other instruments
that will be needed to accomplish the proposed subdivision.
Please call if you have any further questions regarding this matter.
Sincerely,
~~~
Corrine H. Thomson
cc: John Dean
C;,.~::'::'566,:
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October 20, 1996
In accordance Vvith the by-laws of the Gideon Cove Association, the board of directors
has voted unanimously to approve the change of ratline anc!Jmilding expansion as
delineated on the attached survev for Lot 12 Gideon Coyf.located at 23820 La\vtonka
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Exhibit D
ASSOCIATION CONSENT
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To:
Mayor and City Council
James C. Hurm, City Administrator
From:
Teri Naab, Executive Secretary/Deputy Clerk
Date:
April 23, 1997
Re:
Sale of Cigarettes - Chapter 302
.
In researching the files for background information pertaining to the sale of cigarettes for
Item #7B, staff found that the City Council did officially adopt Ordinance 230 at their
August 27, 1990 meeting. However, the official ordinance books of the City do not
contain a signed copy, nor is there an official affidavit of publication. As you know,
ordinances do not take effect until published.
Upon the advise of the City Attorney, this ordinance amendment has been added to the
agenda. Basically it is reaffirming the action taken by the Council in 1990. If adopted, it
will be published in the next edition of the Sun/Sailor.
.
.pr
7fJ
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 302 OF THE SHOREWOOD
CITY CODE PROVIDING FOR SALE OF CIGARETTES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS AS FOLLOWS:
Section 1. Chapter 302 of the Shorewood Code of Ordinances is hereby amended to read
as follows:
Subd. 1. STATE STATUTES ADOPTED: The provisions of Minnesota Statutes Section
325E.075, Subd. 1 and Subd. 2, relating to the sale of tobacco by vending
machines are adopted and made a part of this Chapter as if set out in full herein.
.
Subd. 2. SALES TO MINORS: No persons shall sell or give away any cigarette,
cigarette paper, chewing tobacco or other tobacco products to any person below the
age of eighteen (18) years.
Subd. 3. SELLING CERTAIN PRODUCTS PROHIBITED: No person shall keep for
sale, sell or dispose of any cigarette containing opium, morphine, jimson weed,
bella donna, strychnia, cocaine, marijuana or any other deleterious or poisonous
drug except nicotine.
Subd. 4. VIOLATION: Any person violating any provision of this Chapter is guilt of a
misdemeanor, unless a different penalty is specified by State Statute.
Section 2. This Ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF .
SHOREWOOD, MINNESOTA this 28th day of April, 1997.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator
.
.
To:
Mayor and City Council
James C. Hurm, City Administrator
Ten Naab, Executive Secretary/Deputy Clerk
)
J
From:
Date: April 23, 1997
Re: Tobacco Ordinance - Section 302
Recently the League of Minnesota Cities has sent us correspondence explaining the FDA
has adopted more strict regulations on tobacco sales, which in effect preempts our local
ordinance, Subd. 1 relating to vending machines.
In August, 1990 the City Council adopted Ordinance 230 which adopted the State Statute
relating to the sale of tobacco products through vending machines. At that time, the City
made the decision to follow the provisions of the State with regard to vending machines to
make State wide regulations more equitable and to provide for uniform enforcement. If a
preemption waiver is granted to the City, the ordinance would remain the same and
enforcement would continue as in the past.
The application for preemption waiver has been prepared for your review and
consideration. This does need to be forwarded on to the League of Minnesota Cities no
later than May 1 for inclusion in a joint application process.
*15
r~
.LMC
uague of Minnesota Cities
Cities promoti~g =Uence
145 University Avenue West, St. Paul, MN 55103-2044
phone: (612) 281-1200 · (800) 925-1122
Fax: (612) 281-1299 · TDD (612) 281-1290
April 2, 1997
From: League of Minnesota Cities
_._- .
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To: Cities with "High-Risk" Tobacco Ordinances
Re: FDA Preemption Waiver
.
Dear City Official:
As you are most likely aware, the recently adopted FDA regulations on tobacco have the effect of
preempting local ordinances that regulate in a different manner those items specifically regulated
by the FDA regulations. As the FDA recognizes that enforcement of local ordinances is one of
the most effective means of reducing underage access to tobacco, a waiver process has been
developed to re-authorize otherwise preempted ordinances.
.
The League of Minnesota Cities and the Minnesota Attorney General's office have developed a
coordinated waiver application process. As part of this process, a waiver application was
developed by the League with the assistance of Bob Kline of the Tobacco Control Resource
Center. In addition, using the results of a recent survey conducted by the Minnesota Department
of Health, cities with ordinances appearing to contain preempted provisions were identified to
receive a direct mailing of this waiver application. Your city is on this list. Therefore, enclosed
please find a copy of the waiver application, a model cover letter, and a set of instructions on
how to complete the application.
If your city would like to participate in the coordinated application process, please complete the
enclosed application, make the required number of copies, and return the application packet to
the League as directed in the enclosed instruction pages. Because the waiver application is a
formal document, cities should authorize their participation in the process by adopting a
resolution to that effect. Completed applications and t~e-supportingdo~umentation must be
received in the League's offices no later than Thursday, May 1, 1997. Any application
received after that date will not be included in the coordirtateQ mailing and-will likely miss the
--.------=-----
FDA imposed deadline of May 7, 1997 for priority review. This could have the effect of
blocking enforcement of the local ordinance until such later date as a waiver can be obtained.
If your city has questions about the type of ordinance provisions that are actually preempted by
the FDA regulations, please contact the League of Minnesota Cities or see the February 12 and
March 5 editions of the Minnesota Cities Bulletin, as well as the waiver application itself.
AN EQUAL OPPORTUNITY/ AFFIR,\1ATNE ACTION EMPLOYER
ORDINANCE NO. 230
AN ORDINANCE AMENDING CHAPTER 302 OF THE
SHOREWOOD CITY CODE PROVIDING FOR
SALE OF CIGARETTES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1. Chapter 302 of the Shorewood City Code is hereby amended to
read as follows:
.
"302.01: STATE STATUTES ADOPTED: The prov~s~ons of Minnesota
Statutes Section 325E.075, Subd. 1 and Subd. 2,
relating to the sale of tobacco by vending machine are
adopted and made a part of this Chapter as if set out
in full herein.
302.02:
SALES TO MINORS: No persons shall sell or give away
any cigarette, cigarette paper, chewing tobacco or
other tobacco products to any person below the age of
eighteen (18) years.
302.03:
SELLING CERTAIN PRODUCTS PROHIBITED: No person
shall keep for sale, sell or dispose of any cigarette
containing opium, morphine, jimson weed, bella donna,
strychnia, cocaine, marijuana or any other deleterious
or poisonous drug except nicotine. (Ord. 124, 2-23-81;
amd. 1987 Code)
302.04:
VIOLATION: Any person violating any provls~on of this
Chapter is guilty of a misdemeanor, unless a different
penalty is specified by State statute."
.
Section 2: This Ordinance shall be in full force and effect from and
after its passage and publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota,
this 27th day of August , 1990.
Jan Haugen, Mayor
ATTEST:
Laurence E. rfuittaker
City Administrator/Clerk
CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MINUTES, AUGUST 27, 1990
ORDINANCE AMENDING CHAPTER 302 OF THE
SHOREWOOD CITY CODE PROVIDING FOR THE
SALE OF CIGARETTES.
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 11
ORDINANCE NO. 230
Froberg said the proposed amendment adopts the State Statutes for
cigarette vending machines and retains City Ordinances on over-the-
counter sales.
Stover moved, Watten seconded, to adopt Ordinance No. 230 amending
Chapter 302 of the Shorewood City Code Providing for the Sale of
Cigarettes.
Motion carried - 5/0
MATTER FROM THE FLOOR
Mr. Chuck Ferrel of 24695 Glen Road wanted to talk about the Glen Road
drainage problem.
He wanted to know what is happening with it. .
Froberg said there will be three public hearings:
The first one is for an Ordinance which will set UP the boundaries of
the SubWatershed District. Anyone can object.
The second hearing is for adopting the storm sewer improvement and
must have the vote of 4/5 of the Council unless a petition is
received.
The third hearing is for the assessment of each parcel of land in the
district.
Ferrel is concerned the process will happen backwards.
Haugen said they have already gone through the process of identifying
the problem with the City of Tonka Bay and the Minnehaha Creek
Watershed District.
Ferrel wants to be involved in the process. He has not received any .
information on the process. He has received a quit claim deed for an
easement.
Nielsen said the original quit claims should be torn up. They are no
longer valid.
Gagne said there IS a new proposal from the Minnehaha Creek Watershed
District.
Nielsen said the plans can be inspected at the City Hall and Ferrel
will get a legal notice.
Haugen said he should call the City Hall and make sure his name is on
the list for all future notices to be sent.
11:35 - 11:40 BREAK
STAFF REPORTS
CITY ENGINEER
SEWER INSPECTION AND VISU-SEWER
The inspection and rehabilition of the sewer will be discussed at
10:00 A. M. Wednesday, August 29, 1990.
Application for Preemption Waiver
Docket No. 96N-0249
Group 2
Application for the City of
Shorewood
, Minnesota.
I. Title. The formal title and citation for the city's local regulation of tobacco, a complete and
accurate copy of which is enclosed along with this application, is as follows:
Municipal Code Chapter 302 - Sale of Cigarettes
II. Effective Date. The above City regulation was adopted by the City Council of Shorp-wnoci
on August 27 , 19..2Q. and became etIective on ,19_.
~
III. Background Materials. With regard to the City regulation for which this exemption is
being sought, the following background materials are included as a part of this application in
order to assist the Commissioner in determining the intent behind the local regulation: (Check all
that apply)
~ A. Relevant portions of the official Minutes of all City Council meetings at which
the regulation was discussed.
_ B. Relevant portions of the official Minutes of all public hearings at which the
regulation was discussed.
~
C. Other.
D. No applicable background materials are available.
IV. Interpretations. Included as a part of this application are the following judicial or
administrative interpretations of the local regulation in question: (Check all that apply)
A. Opinion of the Minnesota Attorney General's Office.
B. Opinion of the City Attorney.
C. Relevant portions of any judicial decision involving the local regulation.
1
Application for Preemption Waiver
Docket No. 96N-0249
Group 2
D. Other.
_ E. No judicial or administrative interpretations have been made regarding the local
regulation.
v. Comparison to the FDA regulations regarding tobacco as adopted in the August 28,
1996 Federal Register:
A. Age. The FDA regulations prohibit the sale of cigarettes, cigarette tobacco, and
smokeless tobacco to any person under the age of eighteen (18) years. The local
regulation for which this application is submitted: (Check one)
.
1. Does not contain an age provision.
..JL 2. Prohibits the sale of cigarettes, cigarette tobacco, and smokeless tobacco to
any person under the age of eighteen (18) years in the same manner as the FDA
regulation. (see 302.02 ).
_ 3. Prohibits the sale of cigarettes, cigarette tobacco, and smokeless tobacco to
any person under the age of ( ) years.
(see ). The city believes that this restriction is: (check one)
a. More restrictive because it
.
b. Is required by the following compelling local conditions:
B. Proof of Age. The FDA regulations require retailers to check photographic
identification as proof of age for any customer twenty-six (26) years of age or younger.
The local regulation for which this application is submitted: (Check one)
...!... I. Does not contain a proof of age provision.
2. Requires photographic identification as proof of age for any customer
2
Application for Preemption Waiver
Docket No. 96N-0249
Group 2
twenty-six (26) years of age or younger in the same manner as the FDA
regulation. (see ).
_ 3. Requires photographic identification as proof of age for any customer -
( ) years of age or younger. (see ). The city believes that this
restriction is: (check one)
_ a. More restrictive because it
.
b. Is required by the following compelling local conditions:
C. Vending iviachines. The FDA regulations prohibit vending machines except in
locations where persons under the age of eighteen (18) years are, at all times, prohibited
from entering the premises. The local regulation for which this application is submitted:
(Check one)
1. Does not contain a vending machine provision.
.
2. Prohibits vending machines except in locations where any person under
the age of eighteen (18) years is, at all times, prohibited from entering the
establishment, in the same manner as the FDA regulation. (see ).
L 3. Regulates vending machines in the following manner: Per the provisions
of Minnesota Statutes. section 325E.075. Subd. 1 and 2.
(see 302.01 ). The city believes that this restriction is: (check one)
a. More restrictive because it
J... b. Is required by the following compelling local conditions:
The City has made the decision to follow the provisions of
State Statute. State wide regulations provide for more
equitable and uniform enforcement.
,.,
j
Application for Preemption Waiver
Docket No. 96N-0249
Group 2
D. Self-Service Displays (Sales). The FDA regulations prohibit self-service displays
(sales) except in locations where persons under the age of eighteen (18) years are, at all
times, prohibited from entering the premises. The local regulation for which this
application is submitted: (check one)
JL. 1. Does not contain a self-service display (sales) provision.
2. Prohibits self-service displays (sales) except in locations where persons
under the age of eighteen (18) years are, at all times, prohibited from entering the
establishment, in the same manner as the FDA regulation. (see ).
3. Prohibits self-service displays (sales) except as follows:
.
(see ). The city believes that this restriction is: (check one)
a. More restrictive because it
b. Is required by the following compelling local conditions:
E. Sale of" loosies" and" kiddie packs". The FDA regulations prohibit the sale of
cigarettes individually or in any package containing fewer than twenty (20) cigarettes. .
The local regulation for which this application is submitted: (check one)
-1L 1. Does not contain a provision regulating "loosies" or "kiddie packs".
2. Prohibits the sale of individual cigarettes and packages containing fewer
than twenty (20) cigarettes in the same manner as the FDA regulation.
( see ).
3. Regulates the quantity of cigarettes in the following manner:
(see
). The city believes that this restriction is: (check one)
4
Application for Preemption Waiver
Docket No. 96N-0249
Group 2
a. More restrictive because it
b. Is required by the following compelling local conditions:
F. Coupons. The FDA regulations restricts the redemption of coupons for cigarettes and
smokeless tobacco to persons over the age of eighteen (18) years and only in a store, not
by mail. The local regulation for which this application is submitted: (check one)
.
-X. 1. Does not contain a provision regulating coupons.
2. Restricts the redemption of coupons for cigarettes and smokeless tobacco
to in- store redemption by persons over the age of eighteen (18) years in the same
manner as the FDA regulation. (see ).
_ 3. Regulates the redemption of coupons for cigarettes and smokeless tobacco
in the following manner:
(see
). The city believes that this restriction is: (check one)
a. More restrictive because it
.
b. Is required by the following compelling local conditions:
G. Free Samples. The FDA regulations prohibit free samples of cigarettes and
smokeless tobacco. The local regulation for which this application is submitted: (check
one)
-..!.. 1. Does not contain a provision regulating free samples of cigarettes and
smokeless tobacco.
5
Application for Preemption Waiver
Docket No. 96N-0249
Group 2
_ 2. Prohibits free samples of cigarettes and smokeless tobacco in the same
manner as the FDA regulation. (see ).
_ 3. Regulates free samples of cigarettes and smokeless tobacco in the
following manner:
(see
). The city believes that this restriction is: ( check one)
a. More restrictive because it
_ b. Is required by the following compelling local conditions:
.
H. Outdoor Advertising. The FDA regulations prohibit all outdoor advertising of
cigarettes and smokeless tobacco, including advertising outwardly visible from windows,
if the advertising is located within 1,000 feet of a school or public playground. The local
regulation for which this application is submitted: ( check one)
L 1. Does not contain a provision regulating outdoor advertising of cigarettes
and smokeless tobacco.
_ 2. Prohibits the outdoor advertising of cigarettes and smokeless tobacco .
within 1,000 feet of a school or public playground in the same manner as the FDA
regulation. (see ).
_ 3. Regulates the outdoor advertising of cigarettes and smokeless tobacco in
the following manner:
(see
). The city believes that this restriction is : (check one)
a. More restrictive because it
6
Application for Preemption Waiver
Docket No. 96N-0249
Group 2
_ b. Is required by the following compelling local conditions:
1. Other Advertising. The FDA regulations restrict all other advertising to black text on a
white background without pictures or colors, except that colors and picture ads can be
used in a location where persons under the age of eighteen (18) years are, at all times,
prohibited from entering, or in any publication that has a youth readership of fifteen
percent (15%) or less and fewer than two (2) million youth readers. The local regulation
for which this application is submitted: (check one)
.
~ 1. Does not contain a provision regulating other forms of tobacco
advertising.
_ 2. R~stricts other advertising of cigarettes and smokeless tobacco to black
text on a white background without color or pictures, except in establishments
where pe:-sons under the age of eighteen (18) years are, at all times, prohibited
from entering or in qualified publications, in the same manner as the FDA
regulation. (see ).
_ 3. Regulates the advertising of cigarettes and smokeless tobacco in the
following manner:
(see
). The city believes that this restriction is: (check one)
.
a. More restrictive because it
b. Is required by the following compelling local conditions:
1. Give-a-ways for proofs-of purchase. The FDA regulations prohibit the exchange of
free gifts or other items to anyone in exchange for a tobacco proof-of-purchase. The local
regulation for which this application is submitted: (check one)
7
Application for Preemption Waiver
Docket No. 96N-0249
Group 2
_ 1. Does not contain a provision regulating the exchange of free gifts or other
items in exchange for a tobacco proof-of-purchase.
_ 2. Prohibits the exchange of free gifts or other items to anyone in exchange
for a tobacco proof-of-purchase in the same manner as the FDA regulation.
(see ).
3. Regulates the exchange of free gifts or other items in exchange for a tobacco
proof-of-purchase in the following manner:
(see
). The city believes that this restriction is: (check one)
a. More restrictive because it
b. Is required by the following compelling local conditions:
.
K. Use of brand names on non-tobacco items. The FDA regulations prohibit the use of
brand names or logos, symbols, or other marks identifying a non-tobacco item (such as t-
shirts, hats, and gym bags) with a cigarette or smokeless tobacco brand. The local
regulation for which this application is submitted: (check one)
~ 1. Does not contain a provision regulating the use of brand names on non- .
tobacco items.
_ 2. Regulates the use of brand names on non-tobacco items in the same
manner as the FDA regulation. (see ).
_ 3. Regulates the use of brand names on non-tobacco items in the following
manner:
(see
). The city believes that this restriction is: (check one)
8
Application for Preemption Waiver
Docket No. 96N-0249
Group 2
a. More restrictive because it
b. Is required by the following compelling local conditions:
.
L. Sponsorship. The FDA regulations prohibit the sponsorship of any sporting or other
event, team, or entry, in any manner identifiable with a tobacco brand. Corporate name
sponsorship is permitted. The local regulation for which this application is submitted:
(check one)
.J.. 1. Does not contain a provision regulating sponsorship.
2. Regulates sponsorship in the same manner as the FDA regulation.
(see ).
3. Regulates sponsorship in the following manner:
(see
). The city believes that this restriction is: (check one)
a. More restrictive because it
.
b. Is required by the following compelling local conditions:
VI. Nature of the Problem. The nature of the problem addressed by the local regulation for
which this application is submitted is: (check all that apply)
~ A. The prevention of access to tobacco products by persons under the age of
eighteen (18) years.
9
Application for Preemption Waiver
Docket No. 96N-0249
Group 2
_ B. Prior to the adoption of the local regulation, persons under the age of eighteen
(18) years could gain access to tobacco products too easily.
_ C. Tobacco industry advertising encourages persons under the age of eighteen (18)
years to try cigarettes and smokeless tobacco, in violation of Federal, State, and local
regulations.
D. Other.
VII. Administrative Official. The person(s) that has the primary responsibility for the
administration of the local regulation for which this application is submitted is:
.
Name:
James C. Hurm
Title: City Administrator
Telephone
Number: 612-474-3236
Address: 5755 Country Club Rd
~nnrp~nnn. MN ~~111
VIII. FDA requested information. As requested by the FDA, the following information is
included as a part of this application:
No materiAl!'; havE' bE'E'n rE'qllE'!';ted at thi!'; time.
.
IX. Public Benefit of Exemption. The public health will benefit if an exemption is granted
for the local regulation subject to this application as the City will be able to enforce the
regulations resulting in the following: (check all that apply)
---X A. The opportunity for persons under the age of eighteen (18) years to 0 brain
tobacco products will be greatly reduced.
_ B. The opportunity for persons under the age of eighteen (18) years to be influenced
by tobacco advertising will be reduced.
C. Other.
10
.
.
Application for Preemption Waiver
Docket No. 96N-0249
Group 2
The granting of a preemption waiver for the local regulation for which this application is
submitted will not interfere with interstate commerce.
x. Other Information. The City has included copies of the following information to assist the
Commissioner in determining the intended results of the local regulation subject of this
application and the benefit of granting a preemption waiver for said local regulation:
This application is respectfully submitted by the City of
by:
, Minnesota
Shore\vood
Name:
Name:
Title:
Title:
City AdministrAtor
Havor
Date: April ?B I 1 g<n
11
~c:r ·
----.ov I..,prmt
iij..~.~..I~~~_.~~I....
!~ b.l ,99" ~:
j By I
Sprint pes'
~Iinneapolis
2900 Lone Oak P:trblal
Suite 1~0
Eagan. ~Hnnesot:l 55121
Telephone 612 6862600
F:l\: 6 i 2 686 TOO
April 10, 1997
Mayor Tom Dahlberg
Members of the City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331-8927
ATTN: Bradley J. Nieison
Re: Sprint Spectrum L. P. Request to Collocate PCS Antennas on Shorewood Water Tower
.
Dear Honorable Mayor and Members of the City Council:
This is tQ request permission to collocate PCS antennas on the new City of Shorewood Water Tower
located near the Minnewashta Elementary School. Sprint PCS has identified the new City of
Shorewood Water Tower as a candidate for our network based upon its location within our Radio
Frequency (RF) Design. Collocating antennas on City Water Towers provides additional income to
communities and reduces the need for free standing towers.
Several issues impact our RF Design: availability of existing structures, respective antenna mounting
heights, and implementation of surrounding sites. Sprint PCS identifies new candidates based on the
cumulative effects of these issues.
We understand that a Conditional Use Permit process may be necessary and will work closely with the
Planning Commission to meet all conditional requirements. We look forward to further instruction from
you on how to proceed with this matter.
.
Thank you for your time and consideration. Should you have any questions, please feel free to contact
me at (612) 686-2659.
Sincerely,
Sprint PCS
~ \2fl- 1- L
Jason E. R. Funk
Property Specialist
Cc: Terry Hanna, Property Manager
#-c:j
VERDELL F. BORTH
Site Acquisition Consultant
202 West 78th Street
Chanhassen, MN 55317
(612) 937-1907 (Phone & FAX)
April 9, 1997
Mr. Bradley J. Nielsen
Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
.
Re: Application by Nextel Communications for antenna site on the City
water tower located at 26352 Smithtown Road, Shorewood,
Minnesota 55331
Dear Mr. Nielsen:
.
I am associated with Buell Consulting, Number 7 Dorset, St. Paul, MN 55118-1913 (612)
450-6594 and have been authorized by Nextel Communications to act as its representative in
negotiation of a communications lease with the City of Shorewood.
Nextel Communications is one of the largest providers of Specialized Mobile Radio
("SMR") services in the United States. Nextel has recently been granted a license by the Federal
Communications Commission to operate Enhanced S:MR, or "ES:MR", in the Twin City market
area. ESMR is one of the newest emerging low-power wireless technologies that will compete
with cellular. ESMR cellular will look, sound and work just like traditional cellular but will have
the advantage of also being able to provide paging, fleet dispatch and data transmission all with one
portable handheld phone. ESMR cellular is digital and can handle more calls per channel than
traditional cellular and transmits at lower power.
On behalf of Nextel Communications, I would like to submit an application for a
communications antenna site on the City water tower located at 26352 Smithtown Road,
Shorewood, MN 55331.
I also request that Nextel to be permitted access to the water tower property for the purpose
of conducting surveys, structural strength analysis, soil tests, or any other investigations necessary
for determining the suitability of the communications site, as well as for preparation of documents
necessary for application for permits and negotiation of a communication lease with the City of
Shorewood.
YJ f ~
Verdell F. Borth, Ph.D., J.D.
VFB/s
cc: William R. Buell (via fax only)
411
STUART J. BONNIWELL
Certified Public Accountant
10201 Wayzata Blvd. - Suite 235
Minneapolis, MN 55305
@fI
Office: (612) 545-1522
Fax: (612) 545-8891
The Crh. Never U/lderestilllilte The Value:"
INDEPENDENT AUDITOR'S REPORT
To The Coordinating Committee
South Lake Minnetonka Public Safety Department
Excelsior, Minnesota
.
I have audited the accompanying combined balance sheet of South Lake Minnetonka
Public Safety Department as of December 31, 1996, and the related statement of
revenues, expenditures and changes in fund balance of the General Fund for the
year then ended. These financial statements are the responsibility of South Lake
Minnetonka Public Safety Department management. My responsibility is to express
an opinion on these financial statements based on my audit.
I conducted my audit in accordance with generally accepted auditing standards.
Those standards require that I plan and perform the audit to obtain reasonable
assurance about whether the financial statements are free of material misstate-
ment. An audit includes examining, on a test basis, evidence supporting the
amounts and disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates made by man-
agement, as well as evaluating the overall financial statement presentation.
I believe that my audit provides a reasonable basis for my opinion.
.
In my opinion, the financial statements referred to above present fairly, in
all material respects, the financial position of South Lake Minnetonka Public
Safety Department as of December 31, 1996 and the results of its operations for
the year then ended in conformity with generally accepted accounting principles.
~ Qn'd:~
Certified Public Accountant
March 18, 1997
-1-
..
SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT
COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS
DECEMBER 31, 1996
EXHIBIT A
Totals
General (Memorandum Only)
General Agency Fixed ---------------------
ASSETS Fund Fund Assets 1996 1995
Cash and Investments $295,402 $295,402 $277,849
Accounts Receivable - Members 12,373 12,373 4,893
Other Receivables 8,839 8,839 6,133
Investments Held by Trustee -
Deferred Compensation Plan $205,318 205,318 160,467
General Fixed Assets $332,961 332,961 314,280
---------- ---------- ---------- ---------- ----------
Totals $316,614 $205,318 $332,961 $854,893 $763,622 .
---------- ---------- ---------- ---------- ----------
---------- ---------- ---------- ---------- ----------
LIABILITIES AND FUND EQUITY
L iabil ities
Accounts Payable $28,201 $28,201 $11,666
Accrued Payroll and Taxes 2,563 2,563 29,997
Accrued Compensated Absences 121,217 121,217 107,145
Deferred Revenue 12,408 12,408
Deferred Compensation
Benefits Payable $205,318 205,318 160,467
---------- ---------- ---------- ----------
Total L i ab i 1 it i es 164,389 205,318 369,707 309,275
---------- ---------- ---------- ----------
Fund Equity .
Fund Balance - Unreserved r:
Designated ;:[
Ii
Special Accounts 86,218 86,218 87,242 i
Operating Reserve 20,000 20,000
Undesignated 46,007 46,007 52,825
---------- ---------- ----------
Total Fund Balance 152,225 152,225 140,067
Investment in Gene ra 1
Fixed Assets $332,961 332,961 314,280
---------- ---------- ---------- ----------
Total Fund Equity 152,225 332,961 485,186 454,347
---------- ---------- ---------- ----------
Totals $316,614 $205,318 $332,961 $854,893 $763,622
---------- ---------- ---------- ---------- ----------
---------- ---------- ---------- ---------- ----------
See accompanying Notes to Financial Statements.
-2-
SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT EXHIBIT B
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
FOR THE YEAR ENDED DECEMBER 31, 1996
.
Revenues
Member Assessments
Member Reimbursements
Grants and Other Aids
Charges for Services
Investment Income
Sale of Equipment
Insurance Dividends/Reimbursements
Other Revenues
Total Revenues
.
Expenditures
Salaries
Payroll Taxes
Pension Contributions
Group Insurance Benefits
Professional Services
Printing and Office Supplies
Communications
Maintenance and Repairs
Motor Fuels
General Supplies
Conferences, Schools and Training
Uniforms
General Insurance
Building and Other Rent
Utilities
Cleaning and Waste Removal
Memberships, Subscriptions and Other
Special Projects
Capital Outlay
Total Expenditures
Excess (Deficiency) of Revenues
Over Expenditures
Fund Balance Beginning of Year
Fund Balance End of Year
1996
--------------------------------
Variance-
Favorable 1995
Budget Actual (Unfavorable) Actual
$976,423 $976,423 $ $964,968
35,617 31,867 (3,750) 18,733
118,800 125,390 6,590 112,170
10,476 10,476 11 ,203
9,000 10,093 1,093 10,485
12,000 15,668 3,668 9,700
12,215 12,215 16,486
3,600 7,120 3,520 6,226
---------- ---------- --------.-- ----------
1,155,440 1,189,252 33,812 1,149,971
---------- ---------- ---------- ----------
772,315
6,740
79,780
52,980
3,000
7,750
6,000
18,500
16,000
11,400
7,500
5,900
48 , 77 5
41,400
14,200
6,200
750
9,500
61,750
769,152
7,135
80,775
49,681
4,346
6,783
5,731
12,011
16,154
12,462
7,981
4,931
41,059
42,785
14,101
5,008
2,036
9,451
85,512
3,163
(395)
(995)
3,299
(1,346)
967
269
6,489
(154)
(1,062)
(481)
969
7,716
(1,385)
99
1,192
(1,286)
49
(23,762)
740,170
6,626
77 , 851
49,700
4,228
7,226
6,229
19,208
13,867
9,172
6,973
11,564
47,668
41,236
13,396
5,339
986
9,411
48,623
---------- ---------- ---------- ----------
1,170,440 1,177,094
(6,654) 1,119,473
---------- ---------- ---------- ----------
($15,000)
----------
----------
12,158
140,067
$152,225
----------
----------
$27,158
----------
----------
See accompanying Notes to Financial Statements.
-3-
30,498
109,569
$140,067
----------
----------
SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 1996
Note 1. Significant Accounting Policies
South Lake Minnetonka Public Safety Department was established by a joint and coop-
erative agreement between the Cities of Excelsior, Greenwood, Shorewood and Tonka
Bay. The Department is organized to provide law enforcement services to the four
communities. The financial statements of the Department have been prepared in con-
formity with generally accepted accounting principles as applied to governmental
units. The Governmental Accounting Standards Board is the accepted standard set-
ting body for establishing governmental accounting and financial reporting prin-
ciples. The more significant accounting policies are described below.
A. Reporting Entity
In accordance with generally accepted accounting principles, the financial state-
ments of the Department are required to include all funds, account groups, commis- .
sions and other organizations over which the Department exercises oversight respon-
sibility. It was determined that there are no such organizations subject to the
Department's oversight responsibility which would require inclusion in the accom-
panying financial statements.
B. Fund Accounting
The Department uses funds and account groups to report on its financial position
and the results of its operations. Fund accounting is designed to demonstrate
legal compliance and to aid financial management by segregating transactions
related to certain government functions or activities.
A fund is a separate accounting entity with a self-balancing set of accounts com-
prising its assets, liabilities, fund equity, revenues and expenditures. Financial
resources are allocated to and accounted for in individual funds based upon the pur-
poses for which they are to be spent and the means by which spending activities are
controlled. An account group, is a financial reporting device designed to provide
accountability for certain assets and liabilities that are not recorded in funds
because they do not directly affect net expendable available financial resources.
.
f
The Department's funds and account group consist of the following:
l
General Fund - The General Fund is the primary operating fund and accounts
for all activities of the Department not accounted for in another fund.
Agency Fund - The Agency Fund accounts for assets maintained by the Depart-
ment on behalf of others as an agent. The fund is custodial in nature and
does not involve the measurement of the results of operations.
General Fixed Assets - Property and equipment owned by the Department are
recorded as assets in the General Fixed Assets Account Group. This account
group is concerned with the measurement of financial position and is not
involved with the measurement of the results of operations.
-4-
.
.
SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 1996
Note 1. Significant Accounting Policies, continued
C. Measurement Focus
The accounting and financial reporting treatment applied to a fund is determined by
its measurement focus. The General Fund is accounted for on a current financial
resources measurement focus. With this measurement focus, only current assets and
current liabilities are generally included on the balance sheet of the General Fund.
Reported fund balance is considered a measure of "available spendable resources."
The operating statement of the General Fund presents increases (revenues and other
financing sources) and decreases (expenditures and other financing uses) in net
current assets. Accordingly, this statement presents a summary of sources and uses
of available spendable resources.
Fixed assets acquired and used by the General Fund are accounted for in the General
Fixed Assets Account Group, rather than in the General Fund.
D. Basis of Accounting
Basis of accounting refers to when revenues and expenditures are recognized and
reported in the financial statements regardless of the measurement focus. The
modified accrual basis of accounting is used by all funds of the Department. Under
the modified accrual basis of accounting, revenues are recognized when they become
measurable and available as net current assets. Measurable means the amount of the
transaction can be determined and available means collectible within the current
period or soon enough thereafter to pay liabilities of the current period. Expen-
ditures are generally recorded under the modified accrual basis of accounting when
the related fund liability is incurred.
E. Budgets and Budgetary Accounting
A plan of financial operation for the Department is established in the budget
adopted by the Coordinating Committee. The budget outlines proposed expenditures
and the means of financing them. The budget of the General Fund is adopted on a
basis consistent with generally accepted accounting principles. Budgeted amounts
shown in the statement of revenues, expenditures and changes in fund balance are as
originally adopted or as amended. Budgeted expenditure appropriations lapse at
year end. In addition, outstanding encumbrances expire at year end.
F. Cash and Investments
Cash includes demand deposits and short-term investments with a maturity date
less than three months from acquisition date. Investment earnings are recognized
as earned; realized gains or losses from investments are recorded in the period
in which they occur.
Investments are stated at cost, except for investments of the deferred compensa-
tion plan which are stated at market value.
-5-
SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 1996
Note 1. Significant Accounting Policies, continued
G. Property and Equipment
Property and equipment owned by the Department are recorded as assets in the General
Fixed Assets Account Group. General fixed asset additions are recorded as expendi-
tures in the General Fund and capitalized in the General Fixed Assets Account Group.
These assets are recorded at cost where historical records are available and at
estimated historical cost when such records do not exist. Donated fixed assets are
valued at their estimated fair market value at the date received. Depreciation is
not provided for on general fixed assets.
H. Accrued Compensated Absences
Department employees are entitled to vacation pay based upon length of employment. .
In addition, the Department has established a severance pay policy for its non-
union employees. This policy provides for severance payments upon termination of
employment based on accumulated sick leave accrued, subject to certain regulations.
Severance pay policy for union members is governed by individual union contracts.
Employees are also allowed to accrue compensatory time, which is payable upon
termination of employment.
Vested or accumulated compensated absences are reported as a liability of the
General Fund since the liability is expected to be liquidated with current expend-
able available financial resources of the General Fund.
I. Fund Equity
Designated fund balances represent tentative plans for future use of current finan-
cial resources. Portions of the fund balance has been designated for a self-
insurance program, acquisition of equipment and other purposes.
..
J. Total Column on Combined Balance Sheet
The total column on the combined balance sheet statement is captioned "memorandum
only" to indicate that it is presented only to facilitate financial analysis. Data
in these columns do not present financial position, results of operations or changes
in financial position in conformity with generally accepted accounting principles.
Neither is such data comparable to a consolidation. Interfund transactions have not
been eliminated in the aggregation of this data.
~
L
K. Comparative Data
Comparative totals for the prior year have been presented in the accompanying finan-
cial statements in order to provide an understanding of changes in the Department's
financial position and operations.
-6-
SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 1996
Note 2. Cash and Investments
The Department maintains deposits at those depository banks authorized by the
Coordinating Committee. Cash and investments of $295,402 as of December 31, 1996,
include bank demand deposits of $160,161 and money market fund shares valued at
$135,216. Bank balances (before reconciling items) of bank deposits amounted to
$187,734 and was covered by federal depository insurance. Money market fund
shares are valued at cost, which approximates markey value, and were invested in
accordance with Minnesota State Statutes.
Investments of $205,318, managed by the trustee of the deferred compensation plan,
are carried at market value as of December 31, 1996.
~ Note 3. Property and Equipment
Changes in general fixed assets for the year ended December 31, 1996 are as follows:
Balance Balance
January 1, Additions Deletions December 31,
----------- ----------- ----------- -----------
Building Improvements
Automotive Equipment
Furniture and Other Equipment
$4,451 $4,451
142,469 $67,403 $44,168 165,704
167,360 15,177 19,731 162,806
----------- ----------- ----------- -----------
$314,280 $82,580 $63,899 $332,961
----------- ----------- ----------- -----------
----------- ----------- ----------- -----------
Note 4. Fund Equity
~
Designated Fund Balances - Designated amounts represent tentative plans for future
uses of current resources. Changes in designated accounts for the year ended Decem-
ber 31, 1996 are as follows:
2,547
Balance
Additions Deletions December 31,
----------- ----------- -----------
$58,395 $64,559 $71,720
59,750 64,276 2,285
10,000 10,000
900 1,234 2,213
----------- ----------- -----------
$129,045 $130,069 $86,218
----------- ----------- -----------
----------- ----------- -----------
Balance
January 1,
Insurance Reserve
Equipment Acquisition
Radio System Conversion
Other
$77 , 884
6,811
$87,242
-----------
-----------
In addition, $20,000 has been designated as an operating reserve for 1997 operations.
Undesignated Fund Balance - This amount is available to finance current and future
years' operations.
Investment in General Fixed Assets - The equity of the Department in its general
fixed assets is reflected in this amount.
-7-
SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 1996
Note 5. Lease Commitments
The Department leases its office facilities from the City of Excelsior. Terms of
the lease agreement require a base rent of $38,400 per annum, payable in monthly
installments of $3,200. Rental payments shall continue until the amount expended
by the City of Excelsior, together with interest at 7.00% per annum, is fully amor-
tized, approximately another fifteen years. The leases continues in perpetuity
unless terminated as provided in the lease.
In addition, the Department leases equipment on varying terms and conditions.
Total rental expense of the Department for the year ended December 31, 1996 for
building and equipment leases amounted to $48,546.
t
Note 6. Joint Powers Agreement
4It~
~
South Lake Minnetonka Public Safety Department entered into a joint powers agree-
ment with other law enforcement agencies to form the Southwest Metro Drug Task
Force. The agreement is for one year, subject to annual renewal by its members.
The Department contributed $8,400 to the Task Force during the year ended Decem-
ber 31, 1996. The Department has renewed its participation in the Task Force and
a similar contribution will be made in 1997. No other financial commitment is
anticipated in 1997.
<
Note 7. Deferred Compensation Plan
The Department offers its employees a deferred compensation plan created in accor-
dance with Internal Revenue Code Section 457. The plan, available to all Depart-
ment employees, permits them to defer a portion of their salary until future years. ~,
Participation in the plan is optional. The deferred compensation is not available ~
to employees until termination, retirement, death or unforeseeable emergency. All r
amounts of compensation deferred under the plan, all property and rights purchased L
with those amounts, and all income attributable to those arno' nts, property or rights
are (until paid or made available to the employee or other b' ~nficiary) solely the
property and rights of the Department subject only to the cl~ms of the general
creditors of the Department. Participants' rights under the plan are equal to
those of general creditors of the Department in an amount equal to the fair market
value of the deferred account for each participant.
It is the opinion of the Department's legal counsel that the Department has no
liability for losses under the plan but, does have the duty of due care that would
be required of an ordinary prudent investor. The Department believes that it is
unlikely that it will use the assets to satisfy the claims of general creditors
in the future.
Investments are managed by the plan's trustee and reported at market value. The
choice of the investment option(s) is made by the participants.
-8-
SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 1996
Note 8. Defined Benefit Pension Plans - Statewide
A. Plan Description
All full-time and certain part-time employees of the Department are covered by
defined benefit pension plans administered by the Public Employees Retirement
Association of Minnesota (PERA). PERA administers the Public Employees Retirement
Fund (PERF) and the Public Employees Police and Fire Fund (PEPFF), which are cost-
sharing multiple-employer retirement plans. These plans are established and ad-
ministered in accordance with Minnesota Statutes, Chapters 353 and 356.
.
PERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated
Plan members are covered by Social Security and Basic Plan members are not. All
new members must participate in the Coordinated Plan. All police officers, fire-
fighters and peace officers who qualify for membership by statute are covered by
the PEPFF. The Department's payroll for employees covered by PERF and PEPFF for
the year ended December 31, 1996 was $69,257 and $705,743, respectively; the
Department's total payroll was $779,717.
.
PERA provides retirement benefits as well as disability benefits to members, and
benefits to survivors upon death of eligible members. Benefits are established by
State Statute, and vest after three years of credited service. The defined retire-
ment benefits are based on a member's highest average salary for any five successive
years of allowable service, age, and years of credit at termination of service. Two
methods are used to compute benefits for Coordinated and Basic Plan members. The
retiring member receives the higher of a step-rate benefit accrual formula (Method 1)
or a level accrual formula (Method 2). Under Method 1, the annuity accrual rate for
a Basic Plan member is 2% of average salary for each of the first ten years of ser-
vice and 2.5% for each remaining year. For a Coordinated Plan member, the annuity
accrual rate is 1% of average salary for each of the first ten years and 1.5% for
each remaining year. Using Method 2, the annuity accrual rate is 2.5% of average
salary for Basic Plan members and 1.5% for Coordinated Plan members. For PEPFF mem-
bers, the annuity accrual rate is 2.65% for each year of service. For PEPF members
whose annuity is calculated using Method 1, and for all PEPFF members, a full annuity
is available when age plus years of service equal 90. A reduced retirement annuity
is also available to eligible members seeking early retirement.
There are different types of annuities available to members upon retirement. A
normal annuity is a lifetime annuity that ceases upon the death of the retiree. No
survivor annuity is payable. There are also various types of joint and survivor
annuity options available which will reduce the monthly normal annuity amount, be-
cause the annuity is payable over joint lives. Members may also leave their contri-
butions in the fund upon termination of public service, in order to qualify for a
deferred annuity at retirement age. Refunds of contributions are available at any
time to members who leave public service, but before retirement benefits begin.
The benefit provisions stated in the previous paragraphs of this section are current
provisions and apply to active plan participants. Vested, terminated employees who
are entitled to benefits but are not receiving t yet, are bound by the provisions
in effect at the time they last terminated their :lic service.
-9-
SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 1996
Note 8. Defined Benefit Pension Plans - Statewide, continued
B. Contributions Required and Contributions Made
Minnesota Statutes Chapter 353 sets the rates for employer and employee contribu-
tions. The Department makes annual contributions to the pension plans equal to the
amount required by state statutes. According to Minnesota Statutes Chapter 356.215,
the date of full funding required for the PERF and the PEPFF is July 1, 2020. As
part of the annual actuarial valuation, PERA's actuary determines the sufficiency of
the statutory contribution rates towards meeting the required full funding deadline.
The actuary compares the actual contribution rate to a "required" contribution rate.
The required contr-ibution rate consists of (a) normal costs based on entry age nor-
mal cost methods, (b) a supplemental contribution for amortizing any unfunded actu-
arial accrued liability by the date of full funding, and (c) an allowance for admin-
istrative expenses. Current combined statutory contribution rates and actuarially
required contribution rates for the plans are as follows:
Statutory Rates
------------------- Required
Employees Employer Rates
~
~
i
,
.~
~
Public Employees Retirement Fund
(A blended rate for hoth the
(Basic and Coordinated Plans)
Public Employees Police and Fire Fund
4.30%
7.60%
4.60%
11.40%
9.60%
19.00%
Contributions made by the Department during the year ended December 31, 1996 were:
Percentage of
Amounts Covered Payroll
------------------- -------------------
Employees Employer Employees Employer
Public Employees Retirement Fund $2,930 $3,103 4.23%
Public Employees Police and Fire Fund 53,558 80,338 7.60%
--------- ---------
$56,488 $83,441
--------- ---------
--------- ---------
4.48%
11.40%
.
[
The Department's contribution for the year ended June 30, 1996 to the PERF and PEPFF
were less than 1% of the total contributions required of all participating entities.
C. Funding Status and Progress
1. Pension Benefit Obligation
The "pension benefit obligation" is a standardized disclosure measure of the present
value of pension benefits, adjusted ~.. the eff s of projected salary increases and
step-rate benefits, estimated to be payable in :e future as a result of employee ser-
vice to date. The measure is the actuarial present value of credited projected benefits
and is intended to help users assess PERA's funding status on a going-concern basis,
assess progress made in accumulating sufficient assets to pay benefits when due, and
make comparisons among Public Employees Retirement Systems and participating employers.
-10-
SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 1996
Note 8. Defined Benefit Pension Plans - Statewide, continued
C. Funding Status and Progress, continued
1. Pension Benefit Obligation, continued
This measure is independent of the actuarial funding method used to determine required
contributions, which is discussed in part B. PERA does not make separate measurements
of assets and pension benefit obligations for individual participating employers.
The pension benefit obligation (in millions) as of June 30, 1996 are:
PERF PEPFF
.
Total. Pension Benefit Obligation
Net Assets Available for Benefits, at Cost
$6,608.6
5,702.2
$1,243.4
1,592.6
Unfunded (Assets in Excess of) Pension
Benefit Obligations
$906.4
($349.2)
---------- ----------
---------- ----------
Net Assets Available for Benefits, at Market
$5,954.7
$1,713.7
---------- ----------
---------- ----------
The pension benefit obligation was determined as part of an actuarial valuation at
July 1, 1996.
.
For the PERF, significant actuarial assumptions used in the calculation of the pen-
sion benefit obligation include;
a) a rate of return on the investment of present and future assets of 8.5%
per year, compounded annually, prior to retirement, and 5% per year, com-
pounded annually, following retirement;
b) projected salary increases taken from an age related table which incorpo-
rates a 5% base inflation assumption;
c) payroll growth of 6% per year, consisting of 5% for inflation and 1% due to
due to growth in group size;
d) post-retirement benefit increases that are accounted for by the 5% rate of
return assumption following retirement; and
e) mortality rates based on the 1983 Group Annuity Mortality Table set forward
one year for retired members and set back five years for each active member.
Actuarial assumptions used in the calculation of the PEPFF include;
a) a rate of return on the investment of present and future assets of 8.5%
per year, compounded annually, prior to retirement, and 5% per year, com-
pounded annually, following retirement;
b) payroll salary increase of 6.5% per year, compounded annually, attributable
to the effects of inflation;
c) post-retirement benefit increases that are accounted for by the 5% rate of
return assumption following retirement; and
d) mortality rates based on the 1971 Group Annuity Mortality Table projected
to 1984 for males and females.
-11-
SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 1996
Note 8. Defined Benefit Pension Plans - Statewide, continued
C. Funding Status and Progress, continued
2. Changes in Plan Provisions and Actuarial Assumptions
Since the July 1, 1995 actuarial valuation, there were no changes in actuarial as-
sumptions of the PERF and the PEPFF which impacted funding costs. Potential changes
in the actuarial assumptions used for the PEPFF may be made in the future. Results
of an experience study for the fund during the four-year period ending June 30, 1994,
disclosed (a) retirees are living longer; (b) the expected active member death rate
is declining; (c) the trend toward earlier retirement continues; and (d) the pattern
of salary increases varies substanially by ages, with a strong merit and seniority l
component evident at the younger ages. Based on these results, PERA will soon consi- _
der revising the actuarial assumptions for retirement age, mortality, payroll growth,.
and individual salary increases. These changes, if adopted within fiscal year 1997, ~
will significantly impact the July 1, 1997 actuarial valuation of the PEPFF.
i
~
1
3. Changes in Benefit Provisions
The 1996 legislative session did not include any benefit improvements which would
impact funding costs for the PERF and the PEPFF.
D. Ten-Year Historical Trend Information
Ten year historical trend information is presented in PERA's Comprehensive Annual
Financial Report for the fiscal year ended June 30, 1996. This information is useful
in assessing the pension plan's accumulation of sufficient assets to pay pension
benefits as they become due.
E. Related Party Transactions
.
r
L.
As of June 30, 1996, and for the fiscal year then ended, PERA held no securities
issued by the Department, its member cities or other related parties.
Note 9. Contingent Liabilities
The Department participates in two grants; COPS FAST (Community Oriented Policing
Services), a federal program, and COPS (Community Oriented Policing Grants), a
state program. These grants are subject to audit by the granting agency. No pro-
vision for any possible adjustments has been provided for in the financial state-
ments since management has determined the amounts, if any, would not be material.
Note 10. Other Matters
The current joint and cooperative agreement forming the South Lake Minnetonka Public
Safety Department expires December 31, 1997. Preliminary discussions have commenced
regarding extending and renewing the agreement. It is anticipated an agreement will
be reached prior to the termination of the current agreement.
-12-
- ~
CKNO
20627
20628
20629
20630
20631
20632
20633
20634
20635
20636
. 20637
20638
20639
20640
20641
20642
20643
20644
20645
20646
20647
20648
20649
20650
. 20651
20652
20653
20654
20655
20656
20657
CHECK APPROVAL LISTING FOR APRIL 28, 1997 COUNCIL MEETING
CHECKS ISSUED SINCE APRIL 10,1997
TO WHOM ISSUED PURFQ3E
MARKET EXCELSIOR FOOD PLATTERS-MAYORS SUMMIT
GOV'T FINANCE OFF. ASSOC. DIST. BUDGET AWARD-SUBMIT FEE
PERA PERA
ICMA RETIREMENT TRUST 457 DEFERRED COMP
CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS
ANOKA CO SUPPORT/COLLECT CHILD SUPPORT-C. SCHMID
MN DEPARTMENT OF REVENUE STATE TAX WITHHELD
BROWNING FERRIS IND. WASTE REMOVAL
KATHLEEN HEBERT SEC 125 REIMB
METRO COUNCIL ENVIRONMENT MARCH SEWER SAC
BRADLEY NIELSEN SEC 125 REIMB
JOSEPH PAZANDAK MILEAGE
PEPSI COLA POP MACHINE RENTIMISC
US WEST UTILITIES
HOWARDIMARY LAPIDES OVERPAID FINAL SEWER BILL
MIDWEST COCA-COLA MISC PURCHASES
GETTMAN HOWIE INC MISC PURCHASES
QUALITY WINE & SPIRITS CO L1QUORIWINE PURCHASES
MINNESOTA STATE TREASURER 1ST QTR BLDG PERMIT SURCHARGE
NORTHERN STATES POWER UTILITIES
BELLBOY CORPORATION L1QUOR/MISC PURCHASES
BELLBOY BAR SUPPLY SUPPLlESlMISC
GRIGGS, COOPER & COMPANY L1QUORIWINE/MISC PURCHASES
JOHNSON BROS LIQUOR CO L1QUORIWINE/BEER PURCHASES
LAKE REGION VENDING MISC PURCHASES
LAKESHORE WEEKLY NEWS LEGAL AD-FREEMAN/ADVERTISING
MARLIN'S TRUCKING FRElGI-IT
PAUSTIS WINE COMPANY WINE PURCHASES
PHILLIPS WINE & SPIRITS L1QUORIWINE PURCHASES
QUALITY WINE & SPIRITS WINE PURCHASES
THE WINE COMPANY WINE PURCHASES
TOTAL CHECKS ISSUED
Page 1
AMOUNT
$40.00
150.00
2,377.41
847.37
929.00
139.44
1,271.90
33.66
192.30
3,762.00
100.00
69.80
331 . 1 8
105.85
57.50
305.15
14.40
1,129.86
1,726.52
3,411.86
3,381.42
297.35
9,073.84
6,847.72
1,086.58
578.25
185.60
384.95
6,394.47
408.77
227.40
CITY 00 SHOREWOOD
C}"j~::C~K ArJ~)R(JVAj._ L:rS-l- FOR
A~~ 28, 1997 COUNCIL MTG
CHEC}<I:;
V E 1---j DOh: (! (~i-'I E
DE:3CF<~ I p'r' IOI---!
20658 CHANHASSEN LAWN AND SPORT EQUIP MAINl
20659 CONSOLIDATED CONTAINER TRASH CANS-PARKS
20660 COORDINATED BUSINESS SYST TONER-COPIER
21:::)(~(~,1. ~~[:)E~i~ PRA:rR:rE F~OR{)
E G;)iJ I P i"j(-i I (--.jT
2()(~62 ER_[(~KSON> ROl_F E:~AM
ASESSOR SUPPLIES
MAY ASSESS()R FEE
*** TOTAL FOR ERICKSON, ROLF E.A.
::? () (,. (~ ~3
EXCELSIOR-CITY OF
1ST G;)TR WA PURCHASE
2ND QTR FIRE PROTECTION
FOR EXCELSIOR-CITY OF
'.
..j....,J....,J..
't.....}.....)'..
T(I T (;,i
DEPT .-
ClT'y G(ih~
F:J {i h~ ~<. ~3 I~{
GEl',,! GOVT
CITY' G(~F~
pr~'OF ~:);::h~
j::) F~ () F ~:) ;::~ F~~
4 ,. OO::'~'" 72
(;~hCIUf-..!T
47.05
2'.:,7.,94
.1 () ?; ;S ~::'~l
.1.5,~ (),5
.1.5 () " ;::; (;~
~s :~ ~J .:<::1 ::s ,. ::~l ~:s
WATER DE 1,890.74
FIRE PRO 35,962'450
~~l -7 :;i ~:~.5:5 " ~? l~.
20664 E-l RECYCLING INC.
APRIL RECYCLING CONTRACT RECYCLIN
20665 0EED-RITE CONTROLS, INC. H20 TREATMENT CHEMICALS WATER DE
20666 GEH CONSTRUCTION, INC
SR CENTER CONSTRUCTION
20667 GOPHER STATE ONE-CALL, IN ONE CALL SERVICE
ONE CALL SERVICE
***TOTAL 00R GOPHER STATE ONE-CAL
20668 LADEN'S BUSINESS hACHINES FOLDING hACHINE STAND
2()669 l..ARKI~~~ }'~(:)I=F:=MAN:~ 1:)Al..Y..'.N AlJ[)Il- R!~SP()NSE
l.f. :~ ':?~.::I _~-~( '"' () ()
1;; l?/ ., '29
-.-.--.-.-....-..- 68;20,S,,25
l;.JP{TEF~~ DE
:3 [: 1/,) E~ F~~ [) F~
~~:f, ~~:' ,5
(:li::J..j GO\;, r
:~~j r:~~ () l:~= :3 E F~~
.':,/0
:?()61J
L.E('iGU;::: OF
MI'-! C I TIES I I",!~~)
r INS DEDUCTIBLE-STREET LT hUN BLDG
CITY Gi~h~
TF<~(lCT ()h~./EQI..J I P
EqUIP r-1(iINT
LO(.!G L(i}{E
20672 MACQUEEN EQUIPhENT. INC. BROOhS FOR SWEEPER
20673 hETRO COUNCIL ENVIRONhENT MAY SEWER SERvICE
20674 AT&T WIRELESS SERVICES AIRTIME
.('1 I h: T I ("iE
(1 I h:T I f"jE
i~IFi~TIMC
*** rOTAL 00R AT&T WIRELESS SERVIC
20675 MINNESOTA ON-LINE
MAY WE~B Sf~Rv-rC;I~ f:E~~
20676 M(.! Sl.J('!. PUE:L I C:i;iTI (11'-.1.3
LEGAL AD-ORD 519
CITY G(;~Fi~
.~? -. (~~.;":'
~l " (\ ~~:I
'2 <;; (;, ~2 .:~l
~I ;~:) .~.::( " f) ()
5()I.J.0()
c.\ () ~~:I " '7 .~::I
4/1.7 .. ::.~;()
S~~WE~R O[~ 43~()~3~3..()O
~:)EI;.JEh~ DE
ENGIr"jEEP
PFi'OT I (.IS
PL(;~(j(i, I f'-JG
1()').. g'::,
i"un..j H L DC
(;1[(! GOvr
1.1.21
'24../9
'24..19
4'-:'; ., ()(,
:;:.4.. 9';:,
:S'):? .. -<i.()
20077 MUNITECH. INC. MAY WATER MAINT CONTRACT. WATER DE 4,485.00
MAY SEWER hAINT CONTACT SEWER DE .41~ OU
::{(::(<::{( T()rr~tL. F()h~ ('/ilJf".~ITEC:t"'l.j .II"'~C:" (1:> ')()J.).. l.)()
) I) {, h; (,.Hl h' () [: i:T<' G C: (I('.! ~:) U i . f 1 (-!Ii
Fl (i C~ C (...., ({ ;<. r::, ~-:~'r r~<; (~ T !"~..~ (.~ C~
Pa e 2
'-1 ('{ (~l)"'/r
CITY OF SHORE WOOD
CHECK APPROVAL LIST FOR
APR. 28. 1997 COUNCIL MTG
CHECKH VCj"~OOFi' (')(Ihi:: DE:::';C:h' I P r I CH...j DE PT .. (\i"1Cli)j",! T
COUNCIL MTG f"iINUTES GEN GOVT 458.50
PLANNING COMM MTG MINUTE PLANNING 533.50
FOR TIMC SAVER OFF SITE 792.00
2()(~7') !:;C)T"r'S~ KfNNE'1'~~ N
MARCH PROSECUTIONS
206~:\()
SO LK MTKA PUB SAFETY DEP MAY BUDG/TRAFFIC OFF 1-5
FEB BOOKING/1-3/97 CT OT
~:)f'.!01/,)MO!3 I LE [><P
*** "TC)"TAL.. F:~ORSO L_K M"l"KA r:ll.JE3 SAFl~'l'
20681 SUBURBAN TIRE CO.. INC.
"r I F~; E r-~~ E~ F) '-_ P1 C: E: ('/j i:: r-",! or
21.)6;::\:2
TIhE StiVEr<: OFF
,...., .......,--- .......?.
~:) J. I I::: ~:) I::: L
*** 'T()T (I/...
.:.s:s TO(1}<I'~1 ,3(',Y'"C:: I TY' OF::
TB 1ST QTR H20 PURCHASE
Id 1ST OTR SEWER PAYMENT
TG L.IQ UTIL_ITI[~::';
FOR TONKA BAY-CITY 00
.:4< A( ::{<
TOT (ii...
20684 TWIN CITY WATER CLINIC
MAR. WATER TESTING
20685 MN CONWAY AND 0IRE SA0ETY ANNUAL FIRE EXT INSP
:***
TOTAL CHECKS FOR APPROVAL
.:~(**
TOTAL CHECK APPROVA~ ~I8T
.
Page 3
Ph'OF: SEr<~
.1 :~ .~::i () ~:~ ,. ~s ~s
POLICE:: P
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CITY G(\F,~
"7 '~;; () ,. 2~ (.\
WA"TER DE 332~38
SEWE~R DE~ 258N95
LIQUOR 103.40
(, I) ~~. '. "7 ::.;
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'2() << ()()
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WENDY S. ANDERSON
LAwRENCE A. BROWN
HE:ATHER A. SLECHTA
{'INCiEU>' i"i. COLE
THOhAS A. DAHLBERG
CHARLES S. DAVIS
JAMES C. EAKINS
JOHN J. GARFUNKEL
KATHLEEN A. HEBERT
PATRICIA R. HELGESEN
SHAWN D. HEMPEL
.JAi1ES C _ Hur-m
BRIAi'..J D. ,JAKEL
JEFFREY A. .JENSEN
DENNIS D. JOHNSON
MARILYN J. .JONES
MARTIN L.. JONES
WILLIAM F. JOSEPHSON
SUSAN M. LATTERNER
PETER W. L.ENZEN
JOSEPH P. LUGOWSKI
,J (~1 S (J (",J h'. L U i'J [)
RUSSELL R. MARRON
JENNIFER T. MCCARTY
THEF~i=:S(;~ L ,. N{;~)B
LAWRENCE A. NICCUM
BRADLEY J. NIELSEN
GERALD A. O'NEIL.L
ANDREW C. OTTEN
JOSEPH E. PAZANDAK
CHRISTOPHER J. POUNDER
DANIEL J. RANDALL
BRIAN M. ROERICK
(~LAN J. f-':OLEK
MICHAEL.J. RUFFENACH
CHRISTOPHER E. SCHMID
R CONRAD SCHMID
Di~r,j(:>' G. SHAll')
:<:t~IST I STOVE~~
PAMELA T. TURNQUIST
BEVERLY J. VON FELDT
F<~ALPH :4" I/.)EHLE
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