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071188 CC Reg AgP .... ,f ~ CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JULY 11, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA CALL TO ORDER A. Pledge of Allegiance v: v'/ v/ t/ B. Roll Call Brancel Mayor Rascop Haugen Stover Gagne 1. APPROVAL OF MINUTES A. Regular Council Meeting - June 27, 1988 (Att.No.l-Minutes) 2. MATTERS FROM THE FLOOR A. B. 3. COMMISSION REPORTS A. Planning Commission B. Park Commission 4. CONSENT AGENDA A. Request for Street Light - Sweetwater 2nd Addn (Att.No.4A-Memo & Request) B. Southeast Area Tower - Payment Voucher #4 (Att.No.4B-Payment Voucher) Moved Second Vote ~.~ ---a \_J .() <cr" \ ORDINANCE COMMITTEE RECOMMENDATION 5. TRAPPING 6. FINAL PLAT - MAYFLOWER ROAD ADDN Applicant: Location : Dale Peterson 6070 Galpin Lake Road -1- ..,~. . .. . AGENDA MONDAY, JULY 11, 1988 PAGE 2 7. REZONING AND PRELIMINARY PLAT - JOHNSON'S 1st ADDN Applicant: Ron Johnson Location: 870 of Vine Hill Road South of Shady Hills Road (Att.No.7-Staff Report) 8. PRELIMINARY PLAT - HENDERICKSON Applicant: Jack Henderickson Location: 6065 Eureka Road (Att.No.8-Staff Report) 9. PRELIMINARY PLAT - BOULDER BRIDGE 3rd ADDN Applicant: Mike Jorgensen Location: 28070 and 28080 Boulder Bridge Drive (Att.No.9-Staff Report) 10. SIMPLE SUBDIVISION AND LOT AREA VARIANCE Applicant: Cyril Kerber Location: 4800 Rustic Way (Att.No.lO-Staff Report) 11. C.U.P. FOR SPECIAL HOME OCCUPATION PERMIT-C.U.P. TO EXCEED 1000 SQUARE FEET ACCESSORY SPACE-VARIANCE TO ALLOW ACCESSORY SPACE TO EXCEED FOOTPRINT SIZE OF PRINCIPAL STRUCTURE Applicant: Tom Swanson Location: 25405 Smithtown Road (Att.No.ll-Staff Report) 12. C.U.P. TO EXCEED 1000 SQUARE FEET OF ACCESSORY SPACE Applicant: Gary Petr~ch Location 27280 Edgewood Road ,y D'~ (Att.No.12-Staff Report) 13. PRELIMINARY PLAT - HARDING ACRES 2nd ADDN Applicant: Airnational Group Ltd. Location: North of Smithtown Road/East of Wedgewood Drive (Att.No.13-Staff Report) 14. GALPIN LAKE WOODS A. Amendment to Development Agreement to Allow Water. (Att.No.14-Amendment) B. Clarification of Right of Way and Roadway -2- .r .. AGENDA MONDAy, J'CJLY 11, ..1988 PAGE 3 15. STAFF REPORTS A. Attorney Report 1. Status of Beck Termination B. Engineers Report C. Planners Report D. Administrative Reports .. , 1. Discuss 1989 Budget Priorities (Att.No.15-D-l-Memo) 2. Set Administrators Review Date 3. Set Interview Date for Finance Director Position PAYMENT OF CLAIMS AND ADJOURNMENT .',.....- ~,~- _ . ....+,. ~'.... -q, .... CITY OF SHOREWOOD SPECIAL COUNCIL MEETING MONDAY, JUNE 27, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:00 P.M. MINUTES CALL TO ORDER The Special Meeting of the Shorewood City Council was called to order at 6:00 P.M. on Monday, June 27, 1988 by Mayor Rascop to hear a termination appeal. ROLL CALL Present: Mayor Rascop, Councilmembers Brancel, Haugen, Stover, and Gagne. Staff Attorney Froberg, Administrator Vogt and Clerk Kennelly. TERMINATION APPEAL Evelyn Beck and her Attorney, Mr. Grathwol were present to appeal Ms. Beck's termination as Finance Director. Attorney Froberg called an Executive Session with the Council to discuss the termination hearing. ~ ~ ~~ ~ 'v~After the Executive Session, Attorne~Froberg recommended that this ~~ ~ will be stricken and that an evidentiary hearing be set for \~ September ~ 1~8 at the hearing examiRer'a orri~~. The hearing Y will be he d like a court hearing, it will be taped and transcribed and transcriptions will be at $2.50 a page. Ms. Beck can have a court recorder present at her expense if she chooses. Attorney Grathwol asked to clarify any other action the Council may take. The Council does intend to appeal any request for unemploy- ment benefits. Haugen moved, seconded by Gagne, to approve Attorney Froberg's recommendation to set the evidentiary hearing. Motion carried - 5 ayes. ADJOURNMENT Rascop moved, seconded by Haugen, to adjourn the Special Meeting at 6:25 P.M.. Motion carried - 5 ayes. RESPECTFULLY SUBMITTED, ...~ '''''!;l Robert Rascop, Mayor Sandra L. Kennelly City Clerk -1- i j_ . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JUNE 27, 1988 COUN4ItL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 PM, Monday, June 27, 1988, in the Council Chambers by Mayor Rascop. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Regular Council meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Brancel, Haugen, Stover and Gagne. Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, Clerk Kennelly. APPROVAL OF MINUTES Haugen moved, Stover seconded, to approve the minutes of June 13, 1988, with amendments on pages 9 and 10. Motion carried - 5 ayes. MATTERS FROM THE FLOOR Elder Turn Street Light Approval Ms. Bobbie Harrington was present to request the Council to approve a mid-street location for a street light. She stated that all the residents have approved the mid street location. Haugen moved, seconded by Stover to direct the Administrator to coordinate with N.S.P. to locate the light in the best position. Motion carried - 5 ayes. -1- MINUTES - MONDAY. ONE 27, 1988 PAGE 2 . MATTERS FROM THE FLOOR- Bracketts Road Complaint - Continued Jv--~~~&-l~ r~ j~~ Barbara Jo Arens read the police report 01.. Lh,== tLespass~ng citatit"'l);l Cji'\)el1 Lu Jeff bcnoenwetter. Greg La Franc of 22120 Bracketts Road, stated that he gave Arens permission to park their truck on his property in his absence, after back-hoe and loader were taken across his property. Mr. Moore felt that the truck was an "unpassable barrier" and was in violation of state statue. Moore felt that the City Attorney had not defined the property lines for Bracketts Road. Attorney Froberg felt that the blacktopped area is the City's property. The police will ensure that the road is not blocked off. Mrs. Hoban, former owner of LaFranc's property, observed the construction and equip- ment and feels the vehicles are creating a dangerous situation for children in the area. AMEND AGENDA Rascop requested an agenda amendment to hear Representative John Burger. INTRODUCTION BY JOHN BURGER Mr. Burger was present to introduce himself as Shorewood 43A- State Representative. He is filing for his fourth term and asked for the residents support. The Council thanked Mr. Burger and his wife for being present. CONSENT AGENDA Public Service Agreement - South Shore Senior Center Resolution 64-88 An agreement was submitted for approval by Resol.authorizing Henn.~)in County Office of Planning and Development to discharge the fund allocated to the South Shore Senior Center and submit financial statements of expenditures to the City. Park Capitol Improvement Plan Resolution 65-88 A Resol was submitted for acceptance and adoption of a 5 year Parks and Recreation Capitol Improvement Program for 1988 through 1992. 1988 Sewer Maintenance Work - Payment Voucher Staff recommended payment of $5,466.85 to Visu-Sewer Clean & Seal, Inc. for work completed on the 1988 Sewer maintenance project. Haugen moved, seconded by Gagne to approve and adopt Resols. on the Consent Agenda as submitted. Motion carried - 5 ayes by Roll call Vote. MINUTES - MONDA~JUNE 27, 1988 PAGE 3 . GALPIN LAKE WOODS DISCUSSION Water Discussion Administrator Vogt referred to the staff report of June 23, 1988, reviewing various recommendations to extend water and comparisons to other developments that have made water ex- tensions to their developments. The current water connection policy would have to be changed in order to implement these various methods. Council reviewed the methods offered by staff and suggested additional alternative formulas. Mr. Scheonwetter has asked the Council to waLve the requirement of concrete curbs in lieu of continuous rolled asphalt. Haugen suggested that the City would give him a $2,000.00 connection credit for each Lot within the plat and $4,000.00 credit for hydrants outside the plat. He would also receive a maximum pay back of $32,000.00 for connections outside the pro- ject where he provides water service at his expense by paying the entire installation cost to his development. Nielsen clarified that Mr. Scheonwetter would have to still pay $2,000.00 for each connection within his plat with the current policy in effect. He stated the Shorewood Oaks received the complete $4,000.00 per unit credit within the project area. Council reviewed the total water installation cost and compared costs both inside and outside the project area. Haugen moved, seconded by Gagne, to require the developer to in- stall concrete curb and gutter within the development area; to allow a $4,000.00 connection credit for each Lot inside the plat; a $12,000.00 cap for reimbursement of outside connections outside the project ($1,000.00 to developer, $3,000.00 to City = $4,000.00 charge to outside connectors) with a seven (7) year reimbursement agreement. Motion carried - 5 ayes by Roll call Vote. ~ .... Permit Discussion . ~..... \;\J-Y Nielsen stated that when the new road was put in, two buil~_~ .\yt-' v\ ~permits were issued on Lots 9 & 10. Barbara Jo Arens 'a-s.k.ed>{or 1:\ \... ~'U~ tIle timing and documentations done prior to issuing those \Y' \ '/,li permits. She is 'diiilP\lt.il.g- a 10 foot difference in property line \..~if VV location. Staff stated t~t the 10 foot dispute will be deter- ,JV' ~/ (t/ mined in court not by the qity. The development agreement was ~. ,,' ",lY in effect, all fees paid,. ilnsurance submitted, plans approved and ~ granted on the condition t~at the developers stay within their ,~ property boundaries. \r JY :t"~ . 0~~tJ'~ (vi' -3- MINUTES - MONDA. JUNE 27, 1988 PAGE 4 . .f GA::::i:A::S:::::O:ISCUSSlON - CO~ti{;:,\.r~~~~~ Ms. Arens submitted a copy of a prevro~.slY submi tte~lat for that property that showed the .propni'ee1 LuaJ. 111 a diffe.rQR't-- location. The question of using Murray Street for an access was brought up but Norton felt this was difficult and improbable. Mr. LaFranc stated that he has been placed under a great deal of stress and pressure to sell a portion of his land to Mr. Scheonwetter. He has agreed to sell the portion they wanted. The Arens have stated that th~h~~t~~~~proCeedingS to S:tnp t~Q ~rejeet .....Ilr'--J. ,ha property line has been determined by the Courts. The City has not received any official notice to date. Froberg stated that the Arens can obtain a temporary re- straining order to stop construction. ,Ms. ALehl! feels 'tR9 CiTY _ ;~~~e~l1t~~~~:n~~f~;~ ~~.~~~~~ ~~:S~~~i:~~ n~n~~~t t~:s p~~~e~~;Qn l.N:le was J~ L~rmilH:::J. -_.... Haugen supported the Council's position that this is a private matter to be determined by the Courts. Stover asked if there was enough room available for the road without going into the wetlands if the Arens property line is correct. Council directed the staff to determine if a road can be located to the south. DENIAL OF SIMPLE SUBDIVISION 26620 W. 62nd STREET RESOLUTION #66-88 A request for a simple subdivision was held over from last meeting due to a disagreement of conditions on two purchase agreements drawn. Mrs. Anna Olson, listing agent for owner Mrs. Erna Meier, was present to request the division. The Attorney representing the parties did not meet to discuss the agreements. Mr. Detrude, the current leaser of the home and purchase agreement owner, has been advised by his Attorney that he has the "overpower- ing purchase agreement" over the agreement with the Minnewashta Church. He is requesting the Council to deny the subdivision. He would lose land, an existing garage and a possible dividable lot if the division is approved. He was not informed of any of these issues when he signed the purchase agreement. ~ Nielsen stated that the City would be creating a non-conforming rot by allowing the division and requiring the road right-of-way dedica- tion. This would change the frontage line and cause the shed to become non-conforming. -4- MINUTES - MOND~JUNE 27, 1988 PAGE 5 . DENIAL OF SIMPLE SUBDIVISION 26620 W. 62nd STREET- Continued RESOLUTION # 66-88 Haugen moved, seconded by Stover, to deny the simple subdivision due to the creation of a non-conforming lot. Motion carried - 5 ayes by Roll call Vote. REQUEST TO SET PUBLIC HEARING FOR REZONING OF PROPERTIES ON HOWARDS POINT ROAD A request has been received to have the City rezone 5685 Howards Point Road. Council directed the staff to contact the neighboring properties for interest in rezoning. A letter was received from 5665 Howards Point Road, expressing interest and 5675 Howards Point Road has no objection to the rezoning. Gagne moved, seconded by Brancel, to authorize setting a public, hearing for August 2nd to rezone the 3 lots on Howards Point Road. Motion carried - 5 ayes. REQUEST TO SET PUBLIC HEARINGS FOR STREET VACATION-LAWTONKA RESOLUTION #67-88 Peter Boyer requested the Council to vacate a land locked portion of a point off of Timber Lane in exchange for land on either side of Timber Lane. Haugen moved, seconded by Rascop, to set a public hearing to vacate the portion as requested, hearing to be set for July 25, 1988. Motion carried - 5 ayes by Roll call Vote. "NOTICE TO REMOVE" TIME EXTENSION REQUESTED A request to extend the time to remove a burned out structure at 5955 Ridge Road, was received from Rannow Contracting Inc. Nielsen had concerns regarding the erosion control barrier needed, but this has now been installed. Rannow Contracting is asking for an exten- sion until July 1, 1988. Haugen moved, seconded by Stover, to authorize the extension for removal to July 1, 1988, if not removed, the City will remove and assess back expenses to the property. Motion carried - 5 ayes. (Council Break: 10:00 P.M. - 10:05 P.M.) AMEND AGENDA Council requested to amend the Agenda to hear item #13-D-l- Amesbury Pumphouse Expense. -5- MINUTES - MONDA~UNE 27, 1988 PAGE 6 . AMESBURY PUMPHOUSE REIMBURSEMENT OF EXPENSE Mrs. Wood was present to request a reimbursement on behalf of the Amesbury Assoc.. She had repairs and painting done to the pump- house unaware that the City was the owner. She is asking for a reimbursement of $2,400.00 for work completed on the pumphouse. Stover moved, seconded by Haugen, to approve the reimbursement to the Amesbury Assoc. from the water fund. Motion carried - 5 ayes. GLEN ROAD/COUNTY ROAD #19 - DRAINAGE STUDY DISCUSSION Jim Mahady of Hickok and Assoc. and Engineer for the watershed district, and Chairman Al Lehman of Minnehaha Creek watershed district, were present to discuss their report on the drainage proposal for the Glen Road/County Road 119 area~ Mr. Mahady pointed out the 87 acre area included in this study. They reviewed soil types, land use, flow direction, current drainage and existing drainage pipes. He held a meeting with the primary land owners within the project to explain the project. A written report was submitted to the Council. Council reviewed the report and clarified ponding area questions, financing figures, and methods of funding. Mr. Ecoff has been given approval of his drainage proposal for pond- ing on his property but was delaying for a better resolution for the drainage area. Stover suggested that a joint meeting be held with Tonka Bay to discuss this proposal, also she would like to have law and methods researched on method of payment for drainage projects. Mr. Lehman responded to questions regarding current board members, operations and controls, and contracted services. Mr. Lehman stat- ed that legal and engineer services were contracted and that there was no paid staff. He encouraged the City to adopt a.storm water management plan that would comply to the current watershed regula- tions. Rascop had him review the procedures of obtaining permits from the watershed through Hickok and Assoc. The Council thanked Mr. Mahady and Mr. Lehman for their time to attend and explain the proposed project. SET PUBLIC HEARING TO VACATE UTILITY EASEMENT SWEETWATER AT NEAR MOUNTAIN RESOLUTION # 68-88 Lundgren Bros. Construction has requested a public hearing be set to vacate utility easements between Lots 1 & 2 of Sweetwater at Near Mountain in order to combine these Lots for an improved building site. Stover moved, seconded by Gagne, to set a public hearing to vacate the utility easement, on July 25, 1988. Motion carried - 5 ayes by Roll call Vote. -6- MINUTES - MONDA~UNE 27, 1988 PAGE 7 . ATTORNEYS REPORT Division Street Rezoning Denial Resolution #69-88 Froberg submitted Findings of Fact denying the rezoning request for Division Street. Haugen moved, seconded by Gagne, to accept the Findings of Fact and support the ResoL of denial. Motion carried - 5 ayes by Roll call Vote. Opposition to Move Court Site Resolution # 70-88 Froberg requested support in opposing the Court location for ~}~ to be moved to downtown Minneapolis location. R~P moved, seconded by Haugen, to pass a Resol-opposing the relocation of Court site to downtown Minneapolis. Motion carried - 5 ayes by Roll call Vote. ENGINEERS REPORT Munn Blacktopping Complaint Engineer Norton has been in contact with an employee of Munn Blacktopping and hasnequested repairs to the 1987 sealcoating project. Munn is to get back to him. He will notify Munn's bonding company by certified mail, of the replacement work to be completed prior to any final approval of payment to Munn. PLANNERS REPORT Arvidson Dock Status The DNR did not put a time limitation on the removal of the Arvidson Dock as requested by the City. Arvidson has agreed to cut down the retaining~and add rip ~rappiB~~ The DNR will give him 15 days to compIY.w(llQ flCLrM ADMINISTRATIVE REPORT Comparahle Worth St1.l9Y The study should be submitted to the Council next month. The report has cost $1,300.00 to date. Election Day Liquor Sale Vogt confirmed that no action by the Council to close the Liquor Store or Sales will allow sales by state statue. Council took no action to not allow liquor sales. Finance Director Appointment Procedure Vogt received 43 applications by the June 20th final acceptance date. Stover suggested contacting other local finance directors -7- MINUTES - MONDA~UNE 27, 1988 PAGE 8 . ADMINISTRATIVE REPORT - Continued Finance Director Appointment Procedure to review applications to determine which applicants are qualified. Council would also like to review applications. Gagne moved, seconded by Stover, to obtain financial directors to review applications. Motion carried - 5 ayes. Council directed Vogt to interview the final 8 or 9 applications and narrow it down to 4 for interviews in front of the Council and financial directors in mid July. Equity Sharing Meeting Council recommended setting a joint equity sharing meeting for July 20th with the other Cities involved in the police depart- ment building. Ground breaking is set for July 7, at 10:00 A.M.. Gagne moved, seconded by Haugen, to approve payment of $6,584.65 subject to acceptance of the final inspection. Motion carried - 5 ayes. MAYOR AND COUNCIL REPORTS LMCD The Met Council's system committee has looked favorably upon their report and feel that the LMCD should be handling the management of Lake Minnetonka. Staff Policy Council directed that one person in each department should be in the office at all times during standard working hours. Finance Department Council questioned the operation of the finance department. Vogt stated that Jean Sorenson is completing all functions including journal entries and information for the financial statements, temporary help is assisting with typing and bill payments, and he is doing the investments. Maiser is spending very little additional time. Stover would support a consultant to do investment if needed. -8- '" . . . MINUTES - MONDAY, JUNE 27, 1988 PAGE 9 MAYOR AND COUNCIL REPORTS - Continued Recycling Drop off Area Complaint Gagne would like to see the area around the paper bin at the Shorewood Shopping Center cleaned up. The area has gotten junky since SuperCycle has started using that site to pick up other recyclahles. Public Works Department An unsubstantiated report was received that private work was being done during regular working hours by the public works director. Gagne and Vogt will meet with Mr. Zdrazil to discuss this matter. EXECUTIVE SESSION Council went into executive session to discuss litigation regarding Lot 11, Radisson Inn Addn. ADJOURNMENT Haugen moved, seconded by Brancel, to adjourn the Regular Council meeting of June 27, 1988 subject to approval of claims for payment at 11:58 P.M.. Motion carried unanimously - 5 ayes. GENERAL AND LIQUOR FUNDS - Acct No. 00-00166-02 Checks # 053232-053313 General $ 108,755.87 Liquor $ 36,796.89 Payroll Checklist: Checks # 202214-202248 $ 7,209.96 $ 3,035.28 $ 39,832.17 Total $ 115,965.83 RESPECTFULLY SUBMITTED, Robert Rascop, Mayor Sandra L. Kennelly City Clerk -9- ..', CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 5 JULY 1988 COUNCIL cHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER Vice-Chair Schultz called the meeting to order at 7:33 P.M. ROLL CALL Present: Vice-Chair Schultz; Commissioners Robertson. Leslie. Benson. Mason. and Spellman; Councilwoman Haugen; Planner Nielsen; Planning Assist. Helgesen. .Absent: Chair Watten (excused). APPROVAL OF MINUTES Leslie moved. seconded by Mason to approve the minutes of 7 June 1988 as written. Motion carried unanimously. 7:30 P.M. PUBLIC HEARING - REZONING AND PRELIMINARY PLAT - JOHNSON'S 1ST ADDITION Ron Johnson - West of Vine Hill Rd. approx. 870 ft. south of Shady Hills Rd. Planner Nielsen reviewed his report. Mr. Johnson would like to rezone his approximate 20 acres of land from R-1A to R-1C and plat three lots adjacent to Outlot C. Waterford. The rezoning is consistent with the Comprehensive Plan (1-2 units per acre). and the 25.000 - 39.000 square foot lots proposed are consistent with existing lot sizes in both Waterford and Shady Hills. The proposal does not affect future development of the remainder of the property. as illustrated by the resubdivision sketch submitted by the applicant. The wetland area should be set aside as an outlot or a conservation easement should be placed over same in accordance with the Wetland Ordinance. It is recommended that the proposed lots be subject to the same covenants and restrictions as apply to Waterford. Public portion of the public hearing opened at 7:41 P.M. John Bonner. representing Mr. Johnson. said he has no problem with conforming to the Waterford covenants and restrictions. He said their only concerns are having to use the resubdivision sketch as future subdivision. and he doesn't see why it is necessary to place an easement over the wetlands. Scott Sandell. 5346 Shady Hills Circle. asked if further development would occur soon. Mr. Bonner said they have no plans for the immediate future. Jack Ocenasek. 5505 Waterford Circle. said that the Covenants and Restrictions dated 9/15/85 should be locked in to the three proposed lots. Pat Malmsten. 5350 Shady Hills Circle. asked if the wetlands will be preserved. Planner Nielsen said that the Ordinance requires that an easement be placed over the wetlands for their protection. Nielsen said his tecommendation for- same was based on the Ordinance requirement. Jer~7 Kenline. 5535 Waterford Circle. asked if lots would become part of Waterford. Mr. Bonner said yes they would. Public portion of the public hearing closed at 7:55 P.M. Minutes Planning Commission Meeting 5 July 1988 Schultz asked what an outlot is intended for. Planner Nielsen said that it is land set aside for a specific purpose. and is not buildable until a change in subdivision is applied for. Planner Nielsen pointed out. in reference to concerns about the resubdivision sketch. that it is simply one option as to how future subdivision could occur. There may be other alternatives which would be as acceptable. Larry Meyer. Robert Mason Homes Inc.. explained that the covenants and restrictions do not contain a minimum square footage requirement for homes built in Waterford. they are more concerned with quality. All building plans are subject to approval by an Architectural Committee. He also said incidentally that Mr. Johnson has not contacted at least three out of the five builders in Waterford. Mr. Bonner replied that Mr. Johnson has spoken with some of the builders on site in Waterford. Spellman moved. seconded by Leslie to recommend to Council approval of the rezoning and preliminary plat subject to the eight recommendations in the Planner's report: 1. Front setbacks for the three lots should be maintained at 35 feet. 2. The resubdivision sketch should be used as a guide for future development of the property. Any future divisions should be done as formal plats. 3. The designated wetland located on the property should be set aside as an outlot. separate from the northwest and southeast corners of the site. The applicant should be required to dedicate the outlot. or a drainage and conservation easement over it~ to the City for protection of the wetland. 4. Drainage and utility easements must be provided 10 feet on each side of each side and rear lot line. 5. Prior to final plat approval. the developer should provide a detailed grading plan for the three residential lots. Grading and drainage should be subject to the review and approval of the City Engineer and Watershed District. 6. The City should require that homes built on Lots 1-3 be engineered to fit the sites. 7. The applicant must pay park dedications fees totaling $1500. 8. The three new lots should be subject to the same covenants and restrictions imposed on lots in Waterford. Motion carried unanimously. This item will appear on the Council agenda of 11 July 1988. - 2 - '* Minutes Planning Commission Meeting 5 July 1988 7:45 P.M. PUBLIC HEARING - PRELIMINARY PLAT - HENDRICKSON ACRE'S Jack Hendrickson - 6065 Eureka Road Public portion of the public hearing opened at 8:07 P.M. Planner Nielsen explained that Mr. Hendrickson would like to divide off three lots from his 5.8 acres located in the R-IA zoning district. All lots will m~et or exceed the zoning and subdivision requirements. An additional 8.5 feet of r.o.w. needed for both Seamans Drive and Eureka Road will require some adjustment of the rear lot line for Lots 1-3 to maintain the 40,000 square foot per lot requirement. Public portion of the public hearing closed at 8:13 P.M. without comment. Spellman moved, seconded by Robertson to recommend to Council approval of the preliminary plat subject to the Planner's recommendations: 1. The final plat should provide for 8.5 feet of r.o.w. along Eureka Road, and 8.5 feet of r.o.w. on Seamans Drive. 2. Drainage and utility easements should be shown on the final plat, 10 feet on each side of each side and rear lot line. 3. When the final plat is submitted, the applicant must provide an up-to-date (within 30 days) title opinion on the property for review by the City Attorney. 4. The resolution for the final plat should stipulate that any future division on Lot 4 will be done as a formal plat. 5. The final plat should include the plat name. 6. Prior to release of the final plat, the applicant must pay park dedication fees in the amount of $1500 (credit is given for the lot with the existing house). 7. The applicant should advise the City Clerk as to how he wants sewer equalization charges spread over the plat. 8. The final plat must be submitted within six months of the Council's approval of the plat. Failure to comply with this deadline will void the preliminary plat approval. Spellman moved, seconded by Mason to amend the motion to include that the rear lot lines of lots 1-3 be adjusted westerly to maintain at least 40,000 square feet per lot. Motions carried unanimously. This item will appear on the Council agenda of 11 July 1988. - 3 - ~ Minutes Planning Commission Meeting 5 July 1988 8:00 P.M. PUBLIC HEARING - BOULDER BRIDGE THIRD ADDITION Mike Jorgensen - 28070 and 28080 Boulder Bridge Drive Public portion of the public hearing opened at 8:16 P.M. Planner Nielsen explained that Mr. Jorgensen and his neighbor. Donald Ryks. are requesting approval to rearrange their adjoining side lot line to better accommodate the natural geography of the two properties. Mr. Jorgensen said that the change will improve the use of their properties. Public portion of the public hearing closed at 8:18 P.M. Schultz asked if setbacks will be affected. Nielsen said both houses will still meet sideyard setbacks and the change should not affect future addition to the homes. Spellman moved. seconded by Benson to recommend to Council approval of the preliminary plat subject to the Planner's recommendations of 30 June 1988. Motion carried unanimously. This item will appear on the Council agenda of 11 July 1988. 8:15 P.M. PUBLIC HEARING - SIMPLE SUBDIVISION AND LOT AREA VARIANCE Cyril Kerber - 4800 Rustic Way Planner Nielsen reported that in 1986 Mr. Kerber proposed the same request. however. the title opinion was not submitted within the 30 day deadline. and the variance approval eventually lapsed. Nielsen pointed out that the lot sizes vary somewhat from the survey originally submitted in 1986 due to the fact that designated wetlands were not shown on the 1986 survey. The lot area variance currently being requested is 1511.6 square feet. Public portion of the public hearing opened at 8:20 P.M. The buyer of the proposed lot said that it is a very buildable lot. Public portion of the public hearing closed at 8:25 P.M. Spellman moved. seconded by Benson to recommend to Council approval of the subdivision and lot area variance subject to the Planner's recommendations as set forth in his report dated 31 July 1986. as well as the additional requirement of an easement to the City be provided over the designated wetland on Parcel 1. It is noted that park dedication fees have been previously paid. Motion carried unanimously. - 4 - Minutes Planning Commission Meeting 5 July 1988 8:30 P.M. PUBLIC HEARING - C.U.P. FOR SPECIAL HOME OCCUPATION PERMIT - C.U.P. TO EXCEED 1000 SQ. FT. ACCESSORY SPACE - VARIANCE TO ALLOW ACCESSORY SPACE TO EXCEED FOOTPRINT SIZE OF PRINCIPAL STRUCTURE Tom Swanson - 25405 Smithtown Road Public portion of the public hearing opened at 8:30 P.M. Planner Nielsen explained that Mr. Swanson is requesting a conditional use permit for a special home occupation permit to conduct his upholstery business out of his existing barn. Mr. Swanson has explained in a letter submitted that he would also like to rebuild his garage to store his three cars and lawn equipment in. Total combined accessory space will exceed the permitted 1000 square feet. His proposal would result in 1557 square feet of combined accessory space. for which he is requesting a conditional use permit. One criteria of the conditional use permit provisions is that the amount of accessory space are does not exceed the footprint size of the first floor of the principal structure. In this case it will. and Mr. Swanson is requesting a variance to that provision of the Ordinance. Mr. Swanson said that the purpose to enlarge his garage is not to expand his business. but to provide space for his cars. He said the existing barn in which he works does not have a driveway to it for the storage of vehicles. Public portion of the public hearing closed at 8:43 P.M. Leslie moved. seconded by Spellman to recommend to Council approval of the C.U.P. for a Special Home Occupation permit. Motion carried unanimously. Schultz said that he feels the applicant brought the hardship upon himself for lack of storage space by using it for his home occupation. Spellman moved. seconded by Leslie to recommend to Council denial of the variance to allow accessory space to exceed the "footprint" size of the house. Motion carried by roll call vote - 5 ayes - 1 nay (Benson) Benson stated that he doesn't feel the size (or value) of the house should dictate the size of needed accessory space. He said he thinks its time to study the ordinance on this issue. Spellman moved. seconded by Leslie to recommend approval of the C.U.P. to exceed 1000 square feet of accessory space up to the same square footage as the "footprint" of the principal structure. Motion carried unanimously. The Commissioners agreed to study the Ordinance provisions for accessory space at their next regular meeting of 2 August 1988. This item will appear on the Council agenda of 11 July 1988. - 5 - .., Minutes Planning Commission Meeting 5 July 1988 8:45 P.M. PUBLIC HEARING - C.U.P. TO EXCEED 1000 SQ. FT. ACCESSORY SPACE Gary Petrich - 27280 Edgewood Road Public portion of the public hearing opened at 9:03 P.M. Planner Nielsen reviewed his report. Mr. Petrich would like to add an attached two-level garage to his house. The total square foot of the garage would exceed 1000 square feet and he is requesting a conditional use permit to allow this. The request meets all of the criteria set forth in the ordinance for conditional use permit for accessory space. Public portion of the public hearing closed at 9:05 P.M. Spellman moved. seconded by Mason to recommend to Council approval of the C.U.P. Motion carried unanimously. This item will appear on the Council agenda of 11 July 1988. 9:00 P.M. PUBLIC HEARING - PRELIMINARY PLAT - HARDING ACRES 2ND ADDITION Airnationa1 Group Ltd.. North of Smithtown Rd. and east of Wedgewood Drive Public portion of the public hearing opened at 9:10 P.M. Planner Nielsen explained that this plat has received final plat approval on three separate occasions in the past. however. the developers have not recorded the plats and all approvals have lapsed. The most recent approval was given 13 October 1987. and no revisions have been proposed since that time. Lindy Aagaard. Wedgewood Drive. wanted to ensure that no changes have occurred to the plat since the last approval. Public portion of the public hearing closed at 9:12 P.M. Leslie moved. seconded by Robertson to recommend to Council approval of the preliminary and final plat subject to the Planner's recommendations as set forth in his report dated 10 April 1986. also referenced in Planning Commission minutes dated 6 October 1987. Motion carried unanimously. This item will appear on the Council agenda of 11 July 1988. MATTERS FROM THE FLOOR None. REPORTS Commissoners discussed signage and parking problems at the City liquor stores. ADJOURNMENT Leslie moved. seconded by Benson to adjourn the meeting at 9:25 P.M. Motion carried unanimously. Respectfully submitted. Patti Helgesen Planning Assistant - 6 - ~ CHECK NO. 053232 053233 053234 053235 053236 053237 053238 053239 053240 053241 053242 053243 053244 053245 053246 053247 053248 053249 053250 053251 053252 053253 053254 053255 053256 053257 053258 053259 053260 053261 053262 053263 053264 053265 053266 053267 053268 053269 053270 053271 053272 053273 053274 (G) (G) (G) (G&L) (G&L) (G&L) (L) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) . . GENERAL & LIQUOR FUNDS-BILLS PAID SINCE JUNE 22, 1988 TO WHOM PAID City County Credit Union Child Support Enforcement ICMA Retirement Group Commissioner of Revenue The Bank of Excelsior Public Employees Retire Commissioner of Revenue Boulder Bridge Farms, Inc. A T & T Griggs, Cooper & Company Johnson Bros. Liquor Co. Minnesota Bar Supply, Inc. Harry Niemela Northwestern Bell Northern States Power Ed Phillips & Sons Pogreba Distributing, Inc. Quality Wines & Spirits Ryan Properties, Inc. The Wine Company Void Void Driskell's Prudential AT & T Alternative Staffing, Inc. Associated Asphalt, Inc. Evelyn Beck Commissioner of Transp. D. R. Copier Service, Inc. Dial Tone Service EOS Corporation Rolf E. A. Erickson Feed Rite Controls, Inc. Jim Hatch Sales Co. Hydraulic Component Servo IBM Corporation Kar Products Metro West Inspection Ser. Long Lake Ford Tractor H. C. Mayer & Sons, Inc. Metropolitan Waste Control Metropolitan Area Management Association PURPOSE Payroll 6/22/88 Credit Union $ Payroll 6/22/88 Child Support Payroll 6/22/88 ICMA Payroll 6/22/88 State Withholding Payroll 6/22/88 Fed FICA & Medicare Payroll 6/22/88 PERA Est. 1/2 June 1988 Sales Tax Water Hook-ups 3 Month Lease Equipment Liquor, Wine & Misc. Purchases Liquor & Wine Purchases Misc. Purchases July 1988 Rent Utilities Utilities Liquor & Wine Purchases Beer & Misc. Purchases Wine Purchases July 1988 Rent Wine Purchases Lunch for City Council July Additional Life Insurance 3 Month Lease Equipment Temporary Help Hot Mix-Streets Mileage Prior to 5/24/88 Re-Lamp 7 & 41 Quarterly Contract & Toner Phone for Crescent Beach City Hall Addition June 1988 Assessing Fee & Postage Fluoride-Waterford Well Rainsuits, Gloves-Public Works Parts-New Grader - Public Works GLC Course-Jean Sorensen Parts-Public Works May 1988 Inspections & Plan Reviews Parts-Public Works Gas-Diesel Fuel-Garage SAC Charges MAMA Luncheon - 1 - AMOUNT 112.00 145.00 275.00 830.95 3,917.87 1,225.01 5,187.50 8,880.00 17 .66 4,799.68 2,433.75 556.63 970.00 78.87 327.51 415.73 3,002.46 916.89 1,922.58 25.98 28.13 5.20 22.73 712.80 1,103.90 23.10 44.52 188.88 40.45 681.94 1,977 . 25 1,348.37 404.24 17.30 130.00 205.43 7,283.57 38.61 1,133.11 11 ,434.50 10.00 " ., CHECK NO. 053275 (G) 053276 (G) 053277 (G) 053278 (G) 053279 (G) 053280 (G) 053281 (G) 053282 053283 (G) 053284 (G) 053285 (G) 053286 (G) 053287 (G) 053288 (G) 053289 (G) 053290 (G) 053291 (G) 053292 (G) 053293 (G) 053294 (G) 053295 (G) 053296 (G) 053297 (G) 053298 (G) 053299 (G) 053300 (G) 053301 053302 053303 (G) 053304 (G) 053305 (G) 053306 053307 053308 053309 (L) 053310 (L) 053311 (L) 053312 (L) 053313 (L) . . GENERAL & LIQUOR FUNDS BILLS-PAID SINCE JUNE 22, 1988 Metropolitan Waste Control Minnegasco Minnegasco Minnesota Mayors Assoc. MN Suburban Newspapers MN Suburban Newspapers Minnetonka Public Schools Void Midwest Asphalt Corp. Limestone - City Hall Charlotte L. Paterson Membership Fee-Sue Niccum 15.00 Treasurer, MCFOA Sandra Kennelly 15.00 New World Systems Service Calls 4/25/88-5/1/88 Northern States Power Utilities-Streets Northern States Power Utilities-City Wide Northwestern Bell Utilities Orr-Schelen-Mayeron & Assn.Temporary Water Connect S.E.Area Pepsi-Cola Bottling Co. Pop Machine Rent-City Hall South Lake Minnetonka July 1988 Budget Public Safety Dept. South Lake Minnetonka Public Safety Dept. Stark Electronics Supply Star and Tribune Tonka Ford Tonka Printing Co. Water Products Company Waste Management-Savage Visu-Sewer Clean & Seal Amesbury Homeowners Assn. Void Void Daniel Vogt Jean Sorensen Petty Cash Void Void Void Ed. Phillips & Sons Griggs, Cooper & Co. Bellboy Corporation Johnson Bros. LIquor Co. Minnesota Bar Supply TO WHOM PAID PURPOSE Sewer Service Charges Utilities-Public Works & Badger Utilities Membership Dues for 1988 Advertising Advertising-Finance Director Copier Paper 5/6/88 Reserve Dinner Fuses-Boulder Bridge Well Advertising-Finance Director Power Steering Hose-Public Works Copy Paper & Printing Water Meters, Horns, Readouts Service June 1988-City Hall May 1988 Sanitary Sewer Maintenance Repair/Painting of Pumphouse Mileage-General Mileage-Finance Reimbursement for Petty Cash Liquor & Wine Purchases Liquor & Wine Purchases Liquor Purchases Liquor & Wine Purchases Cigarette & Misc. Purchases TOTAL LIQUOR TOTAL GENERAL TOTAL - 2 - AMOUNT $ 24,659.55 87.13 19.87 10.00 19.38 91 .00 66.08 31.15 30.00 20.00 2,401. 91 347.58 541.07 756.00 10.00 27,874.84 225.00 21.65 137.77 20.25 68.20 1,041. 01 81.00 5,466.85 2,400.00 76.05 8.25 24.42 1,750.31 6,857.06 2,845.35 3,728.44 960.49 36,796.89 108,755.87 145,552.76 CHECK NO. PAYROLL 202214 202215 (G) 202216 (G) 202217 (G) 202218 (G) 202219 (G) 202220 202221 (G) 202222 202223 (G) 202224 (G) 202225 202226 (G) 202227 202228 (G) 202229 (G) 202230 (G) 202231 (G) 202232 (G) 202233 (G) 202234 (G) 202235 (L) 202236 (L) 202237 (L) 202238 (L) 202239 (L) 202240 (L) 202241 (L) 202242 (L) 202243 (L) 202244 (L) 202245 (L) 202246 (L) 202247 (L) 202248 (L) . . . GENERAL & LIQUOR FUNDS-BILLS PAID SINCE JUNE 22, 1988 TO WHOM PAID Void Robert Rascop Janice M. Haugen Barbara J. Brance1 Robert L. Gagne, Jr. Kristi Stover Void Sandra L. Kennelly Void Anne P. Latter Jean Sorensen Void Patricia R. Helgesen Void Charles S. Davis Dennis D. Johnson Daniel J. Randall Howard V. Stark Ralph A. Weh1e Donald E. Zdrazi1 Joseph P. Lugowski Russell R. Marron Christophe Schmid Donald Thara1son Jeffrey T. Dewitt John F. Thompson Michael J. Koebensky John F. Josephson William F. Josephson Susan M. Latterner Dean H. Young Scott B. Bennyhoff Scott M. Bartlett David A. Peterson Daniel D. Haasken PURPOSE Mayor Council Council Council Council 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 79 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 42 Reg Hrs 18.50 Reg Hrs 31 Reg Hrs 17 Reg Rrs 54.50 Reg Hrs 21 Reg Hrs 80 Reg Hrs 47 Reg Hrs 80 Reg Hrs 17 Reg Hrs 43 Reg Hrs 36 Reg Hrs 24 Reg Hrs TOTAL LIQUOR TOTAL GENERAL TOTAL TOTAL LIQUOR TOTAL GENERAL TOTAL -3- $ AMOUNT 200.00 126.32 147.82 150.00 150.00 744.59 366.94 536.68 629.30 396.83 620.74 639.61 536.83 503.88 853.33 607.09 499.17 156.46 95.28 125.63 79.00 217.42 95.50 567.22 185.55 501. 27 83.77 185.09 137.49 106.43 3,035.28 7,209.96 10,245.24 39,832.17 115,965.83 155,798.00 '" -4-l. MEMO TO: FROM: DATE: SUBJECT: . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen K risti Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 Mayor and Councilmembers Dan VOgtJ>!jf June 30, 1988 Street Lighting Request - Sweetwater at Near Mountain 2nd Addition Attached you will find a letter of request from Mr. Michael Pflaum representing Lundgren Bros. Construction, Inc. for the installation of street lights in a plat in the Near Mountain Development known as Sweetwater at Near Mountain 2nd Addition. A plat map is attached to the letter which shows the proposed locations of the lights. Staff has reviewed the request and recommends approval of four (4) - 100 watt high pressure sodium street lights per the request. The lights and poles are to be the same as other portions of the Near Mountain Development. This item appears on the consent agenda of your July 11 meeting. Please contact me if you have any questions. DJV/al cc: Michael Pflaum Attachment A Residential Community on Lake Minnetonka's South Shore ~A · LUnDGREn. BRO. .SCONSTRUCTION . INC. JUN 2 0 1988 935 EAST WAYZATA BOULEVARD. WAYZATA. MINNESOTA 55391 . (612) 473-1231 June 16, 1988 Mr. Dan Vogt Shorewood City Administrator 5755 Country Club Road Shorewood, Minnesota 55331 Dear Dan: Mr. Larry Fortun of Northern States Power Company and I have conferred regarding streetlight placement in Sweetwater at Near Mountain 2nd Addition. His recommendation, with which I concur, is that a total of four locations be employed. These locations are identified on the attached plat. Please accept this letter as Lundgren Bros. Construction, Inc.'s, petition for streetlights at these locations. Very truly yours, LUndg~ Bros. cons.truct1on. -1/~ VA ;9( Michael A. Pflaum Inc. MAP/md enclosure cc: Mr. Larry Fortun U) t; i . =5.. !I! oO ~a~ ..~.. U) .. !! 3~ ~w5 10 10$10 ! ~sl ~ :> .. cot oO ~~. =5 ~l: : !;~ ~ .. c.. ~ .. 10 . .. ~ :3 I;;;~ .. -oO 10 =~ ~~i ::; s.... i " ;: iE~ 4 10 aW'.... " T' :;: i II> ...od C'iI a lOll" .. 10 ill i;j" :'" g I ~;! ~ 0 =i ~.! t; ..i 01, ~ ! .. .. .. . ....... .... 2" ";1 V 1&1 410 I Q$~~ .. ih .. .. .... .. :z: =i ll-z", iilo i 1-' i en 4" ..... :. a.. -~~:; ... .. wd~ s;: 19 ~ ril 0 ..~ 0 a~~ !..z a ..~ ,1. z - ~ z ::> 0 ~ o::Z ceO LaJ- Z!:: 1-0 ceO ce 0::0 LaJZ I-N ce ~ I- LaJ LaJ ~ e ~ ! .. o ~ ~ CI) 5t IJ.J ~ ~ -J =: ~.. :1 n ::i :::1 .." ... Ii ':'!l =. ~r .... > :i o. .!. !=2 J~i ~5~ ...... ci . ,.: . :II a . . . . 0-- <.! :...J . . Z .. C . -..... '-- -Ef.... :... . - - . . '. -. en ..>..~~'".""".'-- t; . &II . :z: -. w en . : i ~ I~~r~ " w .. . ~ -! ~ ':. I&. : !to ~ P:ii 0 E I:i ~ I o~ . d i~~ " .o~ :: -l i;~ .. J ~ . ~ : a! ~ II I i . t; . LJ .~w i i 1.;-. ~""! v '. I . 9~J . &II g ~ w 0 i'. ~ :z: ~ 'o~ ~ ! T lo~ 3 ~.:~I en ~ ~.~ ~ w!1 H! 0 0 w.~ . .. '''' II ;-:t~ Sa i .-: ol 1111.. 0" .. lr. .. 0 a: .. t~!, ~ !f r~ i =~~- .:/ . O~ /v ' ..' : I l/ , I '" I ~: I 8,.. I .. . I ~: t OI. I z - <( I- Z ::> . !!l___ O !~..t! I '. I ::E i'l.. .r V:'w II. I: 0 ' /--' Z 0 1ll!"~V' I&J -... 10 """ Z N~ ~ ~ ..... -....'" i:~ .A' 0 ..J::J~ I:" ~ :E:~(I) I -0"'.... w I- ~~ z-~ o 1-0 <(<e 0:::0 wZ I-N <( ~ I- W W ~ (/) '''./ FI ~ , t., t1' iI . ~I. 45.00. N -.. '4 27". 6' /--, , v ,-j", ~ . :i Hi II t I B Ui d ~ . Ii . <t~-1 ) /S ~ .: . - ::I " .. . . . II .. . " ~ II . x .. c . /'~ ~ EXHIBIT A-2 LIb:) -- ..' . Q)s.M.. .. ~ 'N22 . Mayeron& . Associates, Inc. 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners June 21, 1988 City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55~31 Re : Southeast Area Elevated Water Storage lank Pedestal Supported Spheriod and Appurtenant Work Project No. 86-1D OSM Calm. No. 3707.40 City Council: Enclosed are four (4) copies of Construction Pa~ent Voucher No. 4 on the above referenced project in the aRount of $ 31260.95. Please ~ake pa~ent in aRount of $ ~1260.95 to CBl Na-Con, lnc., 24137 - tIlth Street, Plainfield, lllinois 60544 at your earliest convenience. Very truly yours, ORR-SCHElEN-HAYERON & ASSOClAlES, lNC. .J...... P 1~ J~tS P. Norton,P.E. Project Engineer JPN : RGD Enclosures: cc : C8l Na-Con, lnc. J. Balance Carried Fo~ard t 160662.65 .. . CONSTRUCTION PAYHENT VOUCHER . Estimate Voucher No. 4 Date June 21, 1988 For Period Ending June 15, 1988 Project Number 86-10 ------------------------------------------------------------------------------------------------------ Class oi Work Elevated Water Storage Tank Pedestial Supported Spberiod ------------------------------------------------------------------------------------------------------ For and Appurtenant Work To : CBI Na-Con, Inc. ------------------------------------------------------ 24137 - l11th Street Southeast Area Plainiield, Illinois 60544 ------------------------------------------------------ (815)436-9800 City oi Shore~ood, Hennepin County, Hinnesota Location A. Original Contract Anount . 463100.00 B. Total Additions $ 0.00 C. Total Deductions $ 0.00 D. Total Funds Encumbered $ 463100.00 E. Total Value oi Work Certiiied to Date . 318354.35 F. Less Retajned Percentage 5 Yo $ 15917.00 6. Less Total Previous Pa~ents . 271176.40 H. Approved ior Payment, This Report $ 31260.95 I. Total Payments Including This Voucher $ 302437.35 APPR(J.,lALS - ORR-SCHELEN-ttAYERON It ASSOCIATES, INC. Pursuant to our field observation, as periormed in accordance .ith our contract, .e hereby certiiy that the materials are satisiactory and the .ork properly periormed in accordance ~ith the plans and speciiications and that the total .ork is 68 Yo completed as oi June 15, 1988 . We hereby recomnend payment of this voucher. ------------------------------- . L P 'YJ ~ Sigo.d I_____~:;;;;;;~;;;;;;;;--------------- S'gn.d :~~-------:-----:--!',r-~------~----- ------------------------------------------------------------------------------------------------------------------------ This is to certify that to the best oi my kn~ledge, information, and beliei, the quantities and values oi Mork certified herein is a hir approxiaah estimate ior the period covered by this voucher. Contractor CBI Na-Con, Inc. Signed By ------------------------------------------------ Date : Ti tIe ------------------------------------------------ ------------------------------------------------------------ Ci ty of Shorflllood Approved ior Payment Voucher ------------------------------------ ------------------------------------------------ Checked By : Authorized Representative ------------------------------------ Date Date ------------------------------------------------ ------------------------------------ Pagt 1 of 3 3707.40 ... - -. Estiaate Voucher NO._______~_____________ ~ Date: June 21, 1988 ----------------------------------- Southeast Area Elevated Water Storage Tank Pedestial Supported Spheriod and Appurtenant Work Project No. 86-10 for the City 04 Shore~ood, Hennepin County, Minnesota Contract Date : Work Completed: contre : Work Started Completion Date: CBI Na-Con, Inc. 24137-111th Street Plainiield, Illinois 60544 (815) 436-9800 It ell No. Work Completed Contract This Mount Total to Date Quantity Unit Unit Price Total Price Month This Month Ouantity Total Price It ell ----------------------------------------------------------------------------------------------------------------------------------- Schedule "A" 1) - Excavation and Embankllent Borrow Material 2105.2 Granular Borrow Bedding 2105.2 General IlIported Fill 2105.2 Topsoil Borrow 600 t.Y. 2200 C.Y. 300 C.Y. 12.00 7200.00 8.00 17600.00 11.00 3300.00 Total for Ittll No.1 2) - Aggregate Base 2211.2 Class 5, 1001. Crushed ......................'................. .t 160 C.Y. 10.00 Total -for lttll No.2........................................... 28100.00 1600.00 1600.00 3) - Bituminous Paving 2331 Bituminous Pavellent (Base) 34 Tons 25.00 '850.00 2341 Bituminous Suriace 17 Tons 150.00 2550.00 2357 Bitullinous Tack Coat 10 Gal. 25.00 250.00 ------------ Total for I t.1I No.3........................................t 4) - Concrete Curbing 2531.2 8618 Concrete Curb & or Valley Gutter 450 loF. 2.50 Total for It.1I No.4........................................... 5) - Turi EstabiSNlent 2575.2 Seeded Area 2575.2 Sodding Area 2700 S.Y. 400 S.Y. .40 3.00 Total for It.. No.5 ........................................$ 6) - Water Mains 2611.2 16" DIP Class 50 2611.2 12" DIP Class 50 110 loF. 80 loF. 40.00 25.00 10tal -for It.. No.6......................................... 7) - Water Main Valves & Fittings (Buried) 2611.2 16" Butterfly Valve 2611.2 12" Gate Valve 2611.2 Hydrant CIW Valve & Lead 2611.2 All Other Fittings 1 2 1 2000 2500.00 1200.00 1500.00 1.75 10tal for It", No.7 ........................................$ 3650.00 1125.00 1125.00 1080.00 1200.00 2280.00 4400.00 2000.00 6400.00 2500.00 2400.00 1500.00 3500.00 9900.00 8A) - 500,000 Gal. Single Pedestial Spheroid CIW Foundation, Electrial and All Other Appurtenant Work not Ittllized Above LUllp Sum 1 472245.00 472245.00 Total for Ittll No.8A ........................................ 472245.80 0.00 0.00 0.00 0.00 0.00 0.00 ------------ ------------ . 0.00 . 0.00 0.00 0.00 ------------ ------------ . 0.00 . 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ------------ ------------ . 0.00 . 0.00 0.00 0.00 ------------ ------------ . 0.00 . 8.00 0.00 0.00 0.00 8.00 ----------.-- ------------ . 0.80 . 0.00 0.00 0.00 0.00 0.00 ------------ ------------ . 0.00 . 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ------------ ------------ . 0.00 . 0.00 0.00 0.00 ------------ ------------ . 8.00 . 0.00 . . Estillatf Vouchfr No. 4 Oatf : Junf 21, 1988 Southfast Arfa ElfvatfdWatfr Storag' Tank Pfdfstial Supportrd Sph,riod and Appurt,nant Work Projfct No. 86-1D 40r thf City 04 Shorfwood, H,nnfpin County, Hinn,sota Itn No. ----------------------------------------------------------------------------------------------------------------------------------- I tfll Work COIIphhd Contract This Mount Total to Oat, Quantity Unit Unit Priu Total Priu Honth This Month Quantity Total Priu 88) - 400,000 Gal. Singl, Pfd,stial Sph,roid CIW Foundation, Elfctrial and All Othfr Appurt,nant Work not Jtnizfd AboVf LUllpSUII 1 410045.00 Foundat ion 123881.00 0.00 .95 117686.95 ElfCtrical 10159.00 0.00 0.00 Hatnial 176591.00 .05 8829.55 1 176591.00 Tank Construction 120382.00 .2 24076.40 .2 24076.40 Paint 32087.00 0.00 0.00 ------------ ------------ ------------ Total 40r Sch,dulf "A" (JtfllS 1 thru 7 Inclusivf It'll 88) . . . . . . .t 463100.00 $ 32905.95 $ 318354.35 PIgf 3 04 3 3707.40 . ./ MEMORANDUM . . MAYOR Robert Rascop COUNCI L Jan Haugen , Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474.3236 TO: PLANNING COMMISSION. MAYOR AND CI'IT COUNCIL - FROM: BRAD NIELSEN DATE: 27 JUNE 1988 RE: JOHNSON'S FIRST ADDITION - REZONING AND PRELIMINARY PLAT FILE NO.: 405 (88.21) BACKGROUND Mr. Ron Johnson has requested approval of a preliminary plat to subdivide approximately 20 acres of land which he owns on the west side of Vine Hill Road. between the Shady Hills area and the Waterford development (see Site Location map - Exhibit A. attached). He proposes to divide off three lots along the south edge of the site. leaving the remaining portioh of the property as an outlot (see Exhibit B). Since the lots are smaller than the current R-IA zoning of the property allows. he has requested that the site be rezoned to R-1C. Single-family residential. Land use and zoning surrounding the site are as follows: north - single-family residential. zoned R-1C west and south - single-family residential. zoned P.U.D. east - single and multiple-family residential (Minnetonka). ISSUES AND ANALYSIS Comprehensive Plan. As in any rezoning. the a guide for evaluating development requests. for the area in which Mr. Johnson's property density residential (1-2 units per acre)". Comprehensive Plan serves as The Proposed Land Use plan is located suggests "low A. The proposed lot sizes. which range from 25.000 squar~ feet to 39.000 square feet in area are consistent with the Comprehensive Plan. A Residential Community on Lake Minnetonka's South Shore Re: Johnson's 1st Preliminary Plat 27 June 1988 Ad. . B. ZoninR Requirements. 1. Lot Area. The three residential lots being proposed as part of this plat are consistent with the minimum lot size for the R-1C zoning district (20.000 square feet). Furthermore the lots are consistent with the lot sizes inWaterford and Shady Hills (lot sizes start at 20.000 square feet in area). 2. Lot Width and Depth. All lots meet or exceed the 100 foot width and 120 foot depth requirements of the R-1C district. 3. Setbacks. The applicant's plat shows building pads located 30 feet from the street. The R~lC district requires a 35 foot setback. While some variance may be justified due to the severe topography and depth of sanitary sewer. the developer's grading plan. to be submitted as part of the final plat. should strive to maintain the 35 foot minimum setback. C. Subdivision Requirements. There are two significant issues which should be addressed relative to subdivision requirements. 1) future development. and 2) designated wetland. 1. Future Development. Since the three lots represent only a small portion of the total site. the City must be concerned with how the remainder of the land might be developed in the future. At the request of this office the developer has prepared a resubdivision sketch (see Exhibit C) showing how the northwest corner of the property could be developed into four lots. TWo additional lots are shown in the southeast corner of the site. While the two southeasterly lots can be served directly by Vine Hill Road. the four northwesterly lots require access through one or more vacant lots located in Shady Hills. The plan shown on Exhibit C requires acquisition of Lots 5. 6 and 7. Block 4. Shady Hills. It demonstrates the difficulty in developing the northwest corner of the property. The sketch also shows that the three lots will not impact future development of the property. 2. Designated Wetland. More than one half of the subject site is occupied by a designated wetland (see Exhibit D). This area should be shown on the preliminary plat and set aside as an outlot. separate from the buildable areas in the northwest and southeast corners of the property. Section 1102.06 of the City Code (Wetland Ordinance) requires that an easement be granted to the City over the designated wetland. - 2 - Re: Johnson's 1st Preliminary Plat 27 June 1988 A. . 3. Grading. Drainage and Utilities. Given the severe topography on Lots 1-3. it is recommended that a detailed grading plan be prepared prior to the final plat. The plan should show the proposed building pads and access drives and should demonstrate how the grading of the three lots will tie into the adjoining lots in Waterford. Considering that the proposed building pads are 25 feet above the wetland area. drainage is not anticipated to be an issue. Nevertheless. drainage. as well as grading. must be subject to review and approval by the City Engineer and the Purgatory Creek Watershed District. Utilities are not anticipated to create a problem. The sewer in Waterford Place was constructed deep enough to accommodate the future lots. It appears that four service stubs have been provided for the property in question from Waterford Circle. 4. Park Dedication. Considering the proximity of the site to Si1verwood Park. it is assumed that the City will require cash dedication in lieu of land. The total amount of park dedication fees for the three lots is $1500 ($500 per lot). D. Outlot C. Waterford. The plat depends upon the developer's acquisition of Outlot C from Trivesco. You may recall that the development agreement for Waterford requires Trivesco to.convey Outlot C to the owner of the property to the north (Mr. Johnson) for an amount equal to three street and sewer assessments. Exhibit E contains an excerpt form the Waterford development agreement. While the agreement specifies the amount which can be charged for the outlot. it does not specify any other conditions which may be imposed. Since the other lots which have been developed on Waterford Circle were subject to protective covenants and restrictions. it is assumed that Lots 1-3 of the Johnson First Addition will be subject to the same covenants. This should be encouraged by the City to preserve property values of homes already built on Waterford Circle. RECaoomDATION Based upon the preceding analysis. the developer's proposal is considered to be consistent with Shorewood's Comprehensive Plan and development regulations. It is therefore recommended that the rezoning be approved. It is also recommended that the preliminary plat be approved subject to the following: 1. Front setbacks for the three lots should be maintained at 35 feet. 2. The resubdivision sketch should be used as a guide for future development of the property. Any future divisions should be done as formal plats. - 3 - Re: Johnson's 1st Preliminary Plat 27 June 1988 A. . 3. The designated wetland located on the property should be set aside as an outlot. separate from the northwest and southeast corners of the site. The applicant should be required to dedicate the outlot. or a drainage and conservation easement over it. to the City for protection of the wetland. 4. Drainage and utility easements must be provided 10 feet on each side of each side and rear lot line. 5. Prior to final plat approval. the developer should provide a detailed grading plan for the. three residential lots. Grading and drainage should be subject to the review and approval of the City Engineer and Watershed District. 6. The City should require that homes built on Lots 1-3 be engineered to fit the sites. 7. The applicant must pay park dedication fees totaling $1500. The three new lots should be subject to teJ~~~:~~~~s restrictions imposed on lots in Waterford. and 8. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Ron Johnson Randy Travalia - 4 - ~"f~ i...- ~ -:- ,q~lI:> Ia -(is). ~ ,..0 (11""'1 L_..~~ (.,) ,,\!>'6::1. ~ ~ .... J \ ~ f .., ,. ~"\ .... '. )' t t,_ ~) tJot'th "( ... . o. Exhibit A SITE LOCATION Johnson's F' 1rst and Pr..el.:...' ......1nary Addition Plat - Rezoning - - - .. 10 - 10 - o .... ~ - .. 10 .1 ..... 0_ -- 1:"" o~ ...- "';1:> _ ::0 .':1 :;:.- t... 8. .. --== .. ---- . . . .: :t~.ti.. c =...... .... ... .I 8 .!!. ... N'" !!. .. .. ;;''''::1! ~~~1:o "'j ~ 109.=: ll' ........H:> ...... .... & -=~"f .j c"!c.!.. :I I~ ; 01 ..... WI --...-. -- Cl c; t,: oJ: !~ II .. =:8 5~ "(I) !';) ~~ -01 ;2: ,II -..t: c--l ~ IsI o o ~ LL I _~~~ -L-___/~: '" "- ""'?'Ir-, ';;-;:J: HI',,1 L" '..J -..) .-J..J.J_V I I . ,...., -I.-J uUv ^ '-7 0, Y \,J -,,, 0010 ~ fl~ % jZ 0-2 F):ti 60 a~1 Of at. ~ :R 0 ~ m~ (.) . o z - .. (I) 0 Z a: Z O~M O>(I)Q~ (/)ww::;", Q >~m'" c(~=~z iii: (I) 0 < ~ lII: . 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't 0 I' ~.\\: "~~'-i {;/(/ W/ ~ v ~/ ~.~./ / ~, ~/,/~~~~ -'~ii~~~~j;,Q ~(~~~7 .q; ~-." ~~}22 (j/~~_,./ .~/~~.~ nttt/cl.'''~~~''~. ~ ~~~ YA ~ ~~V~ . r'" 'J w ~;:;;. ~~ -:---..... I- '///'... ___ . ~." l' _______".. .~.. .. ... ~ · · ~. . -- ,"-, /' ~ ~./'.e.l'7 '.... ""--= . ~ ~ :" ~~ V~ ."02'. ~ ..,~.,.:. '(1 ~~ ,/~~ (?~/// . --< ~ rJlr: ::/~/~ / // /~. - ~ - .../J 'I/I.~'Jj V) ,,~ ~~%.~. - _~~_ _::,-;", .. ~~/~f.~I'//il U-\ (( 1/ :;~ - /~: ,,~- . _n.__ t:!?; ~ ~~ 11./ f-~ \~~, ,(. I / ~ " ~r~. ~./ ij "\, :::,_,~~;::::.....--~::/:.......4I' ;f~/ V~.;~ '\\'11 I..!J'H ." ~ ' ~ --~/~ V ~ ~!!j~ )1/(~);;'/tWy '-W~~~a::-'~;-o.... ~~A~~1- . q.,j,//h I ~ J 'r:...' () "I . ~/&, ~ ~~ "_'~~~___--::/ , '0 'Y/jih ~/, ~ I'i (j / (~~: ~ ~~'-~ 'C\-/ I .:'- (//'fJ. ~'!fJl/, ~- II 'j, (JJ (IA ~""';K..":. ~~~_"60 - ~ 1)0 t:: -;:'" " ! ,I / - I ~\' .\ ~_ ~~~~--~..:..:,..;;; -D ".Lt-. ~((((4........ (/gj)l) ~ r~'.~~~~JM~~~ Exhibit~. .--..- "5~'."r \,.~ ~ ~~ \ \. tlrtrr; ~ JhI!1!\~k0' ~~JII!I!r>~~~ -10- '.::~Jl4I Multi-Family Units and commercial rates will be determined pursuant to the equalization ordinance in effect at the time of development. Payments for all local sewer availability charges in each phase shall be assessed at the time the final plat is approved for any given phase. 12. The City may in its discretion issue building permits. prior to the completion of all the streets and utilities as provided for herein, it being understood by the Developer that certificates of occupancy shall not be issued until all utilities have been approved and accepted by the City. The City may, however, issue certificates of occupancy prior to the final acceptance of the street, providing all other utilities have been installed and accepted. . 13. The Developer shall provide copies of all covenants, . easements, and restrictions and other documents relating to the project which shall be reviewed and approved by the City Attorney prior to the commencement of construction for Phase One. 14. The Developer shall provide copy of Articles of Incorpora- tion and By-Laws of the Homeowners Association for review and approval by the City prior to commencement of construction. The Homeowners Association need not invo~ve the owners of the single family lots if no common ownership of property is involved, except Developer shall make provisions for the permanent care and maintenance of any identifying monuments located at the entrance to the project. 15. The City, its agents and employees, shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, material men, laborers, or to any other person, firm, or corporation whomsoever, for any debt, claim, demand, damages, action, or causes of action or any kind of character arising out of or by reason of this agreement of the performance of the work and improvements hereunderJ the Developer shall save the City, its agents, and employees harmless from any and all claims, damages, demands, actions, or causes of action arising therefrom and the costs, disbursements and expenses of defending the same, except for any work performed by the City. 16. Developers agree to hold Outlot C for the use of the property to the north to provide access to the property to the north and agree to sell Outlot C to the owners of the property to the north in the amount of.$60,000 (representing three sewer and street assessments), plus accrued interest from the date, of said sale. 17. Outlot E shall be subject to mainten Homeowners' Association for the project. . JUN11988 5565 Waterford Circle Shorewood, MN Mr. Brad Nielsen,' City Planner City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE: Ron Johnson Preliminary Plat Dear Mr. Nielsen: I am in receipt of your notice regarding the proposal to divide the 20 acre property of Ron Johnson into four lots which would involve in some way Outlot C of Waterford. I own Lot No. 3 at 5565 Waterford Circle which is across the street from Outlot C. When I purchased my property, I was informed by Robert Mason, one of the developers of Waterford, that Outlot C was designed to ensure that nothing could be built on Waterford Circle unless that development became part of Waterford with its restrictions, protective covenants and homeowners association obligations. I don't know what relationship Mr. Johnson claims with respect to Waterford Outlot C or why he includes Outlot C in his subdivision plans, but I understand that the Waterford developers are still the owners of Outlot C. I paid a premium price for my lot in Waterford to justify a large investment in a house. I would not want that investment jeopardized by a developent of Mr. Johnson which might be inconsistent with the standards of Waterford. For that reason, I am unalterably opposed to any development of Outlot C which is not a part of the Waterford development itself. I cannot attend the July 5 hearing and have not had an opportunity to investigate the proposal beyond review of your notice. I note that the proposed action is preliminary. If you propose to take any preliminary or final action inconsistent with my views as expressed in this letter, I would appreciate additional notice and an opportunity to be heard in person. . . Mr. Brad Nielsen June 28, 1988 Page 2 Thank you for your consideration in this matter. cc: Robert Mason Homes, 14201 Excelsior Boulevard, Minnetonka, Jerry Kenline, 5535 Waterford Circle, Shorewood, MN 55331 Jack Ocenasak, 5505 Waterford Circle, Shorewood, MN 55331 Darrin Nelson, 5595 Waterford Circle, Shorewood, MN 55331 REL/sa 0120X ,I . MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 29 JUNE 1988 RE: HENDRICKSON ACRES - PRELIMINARY PLAT FILE NO.: 405 (88.28) BACKGROUND Mr. Jack Hendrickson has requested approval of a preliminary plat for his property located at 6065 Eureka Road. The site lies between Eureka Road and Seamans Drive. approximately 535 feet north of State Highway 7 (see Site Location map - Exhibit A. attached). As can be seen on Exhibit B. the applicant proposes to divide the property into four lots. The property in question contains approximately 5.8 acres. is occupied by -the Hendrickson's residence. and is zoned R-IA. Single-family Residential. Surrounding land use and zoning are essentially single-family residential. zoned R-IA. ANALYSIS/RECOMMENDATION The applicant's request is relatively simple. All lots meet or exceed the lot area. width and depth requirements of the R-IA district. The streets which border the property are both substandard in terms of right-of-way width. Consistent with previous subdivision approvals. the City should require additional right-of-way to be dedicated as part of the plat. Since there is potential for additional r.o.w. acquisition on the west side of Eureka Road and the east side of Seaman's Drive. the Hendrickson plat need only provide 8.5 feet of r.o.w. on each side of his plat. This will require some adjustment of the rear lot line for Lots 1-3. Since the lots are very close to the 40.000 square foot area requirement. the rear lot line will have to be moved westward approximately 15-18 feet. There is ample room to accommodate this change and the change can be made on the final plat. A Residential Community on Lake Minnetonka's South Shore . . Re: Hendrickson Acres Preliminary Plat 29 June 1988 It is recommended that the preliminary plat for Hendrickson's Acres be approved subject to the following: 1. The final plat should provide for 8.5 feet of r.o.w. along Eureka Road and 8.5 feet of r.o.w. on Seamans Drive. 2. Drainage and utility easements should be shown on the final plat. 10 feet on each side of each side and rear lot line. 3. When the final plat is submitted. the applicant must provide an up-to-date (within 30 days) title opinion on the property for review by the City Attorney. 4. The resolution for the final plat should stipulate that any future division of Lot 4 will be done as a formal plat. 5. The final plat should include the plat name. 6. Prior to release of the final plat. the applicant must pay park dedication fees in the amount of $1500 (credit is given for the lot with the existing house) . 7. The applicant should advise the City Clerk as to how he wants sewer equalization charges spread over the plat. 8. The final plat must be submitted within six months of the Council's approval of the plat. Failure to comply with this deadline will void the preliminary plat approval. cc: Dan Vogt Glenn Froberg Jim Norton Jack and Kathy Hendrickson - 2 - I J' ~ " I I \ I . \ I . . I \ I I <i. ..J i tn <i. ..J " " i I I I I I I I I I I I I I I MANN LA. a: 0\1 " I I I I I I I I I II d-' I :~ , I Su bj ~c::~ Si.t~ Exhibit A SITE LOCATION Hendrickson's Acres -Preliminary Plat . I I I I \ . . \ . . \ I I I 1ft .. .. . 7 · -l~. \ ~ .. ,.......-, / I I I I I \ \ \ \ \. I ......-.... /- . , ... . ... c ... - .. ". ::l .. o .. c:: c: - It: .; .,J c: ... t/' ~ ._ " "" 0 IE - u ~. - .,. . _eM.; -- ~ ... ~ :: G. c..;. IE .., .... ~ ~. ..,) . c .. '" .D - '. ..., N ..:.. Q. ... c r: C' ~ :r> --- i . 2 " ... e":. H , u .....-- ""'.l. ... - , ~I. \ '"'> 19' . '" I '" I '0 ",'" I '" / I I I \ -- I \ I , , \ . ~l f." , " " " , .> '.... 'U - - , . . ... . -4 ~~%4 ". ,'1,M . ..,.t \ . ......... .. ................. \ ~~ "( ........, -- ......." {' 'i'- ' _," ~-::"'-_ I '" ,.~ -,: ( "'}!i- 1 ~ ': I " , '....... ~.t~ ............. " , -f.~ " .".,.;:~............ . " ............ I . . ......t-i' . J1' (-:- ---- ---';:--i 'J-_L1 {. ,~ .......... ; : 'II' ..... \ :: }. () :,. j(j..) . , J j ........... ,,/' \ ,./ ) / I I \ \ , " \ , , , "...... " " \ \ \ \ I I I \ \ \ "" -....... ..- . . . -- , o , I' , ) ..) " ~ ;- ., j' ~.-.::. NOt'1 ~ ~ ~'c, ) ~ '--. .... =r ------------ -..... ------ - ,.......---.-.-- Exhibit B PRELIMINARY PLAT Hendrickson's Acres , .........--- - ., ::t . MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 30 JUNE 1988 RE: BOULDER BRIDGE 'IHIRD ADDITION - PRELIMINARY PLAT FILE NO.: 405 (88.27) BACKGROUND Mr. Mike Jorgensen and Donald Ryks have requested approval to rearrange the property line between their lots. located at 28070 and 28080 Boulder Bridge Drive (see Site Location map - Exhibit A. attached). The proposed division and combination is shown on Exhibit B. The property is zoned P.U.D.. Planned Unit Development. The P.U.D. for Boulder Bridge was based upon the requirements of the R-1A district. As can be seen on Exhibit B. both lots have houses on them. According to the applicant the change in lot lines reflects the owner's use of their respective lots. Upon inspection of the premises. the new lot line was found to relate to an existing tree line between the lots. The boundary between the properties is essentially where the lots in Boulder Bridge change from wooded to open. ANALYSIS/RECOMMENDATION While gerrYmandered lot lines are typically discouraged. their affect is lessened on large lots. particularly when they occur further back on the lot line. Both lots still comply with P.U.D. (R-1A) requirements for lot area and width. Both houses will also still comply with required setbacks. The division/combination has been prepared as a formal plat at the direction of this office. This will avoid cumbersome legal descriptions which result from a deflected lot line and ensure that the corners will be staked by a surveyor. A Residential Community on Lake Minnetonka's South Shore 9 . . Re: Boulder Bridge 3rd Addn. Preliminary Plat 30 June 1988 It is recommended that the preliminary plat be approved as presented. with the stipulation that the applicant submit a final plat within six months of the Council's approval. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Mike Jorgensen - 2 - .. @ ... i. ~ ~} .~ ;:, ... o 1E.. .,... . -t.. ':'.0. -- "1- ""'\:. ~ ~ <. ~ i;' ~I@\~ ~ o -, I --- "- , . -: ... ~ ,#_" l\I ...~.,. ci :.,,~~ ~ ". _CS ~ CI) ~ ~ .... '0",' 0#'0 011 on .~ ~'" OJ >l> "" ..... e ~. 0: c ~ 10 N ... '" .., ~ .. ~ ~ ~ ~ ~ ::r- ~ ~ @ Exhibit A SITE LOCATION Boulder Bridge Third Preliminary Plat Addition - u ~ ~ ~ ' I t ~ ., .~:C.'!\ " . . ,.". ."""&W. \OUM""NW, .N~. LAND IUIlYBYOIIS 1lIGIII'I'EIIE1) ut.:.tEJa U"'HOf'ITATE OF IIINNUCn'A '101 . lan1 A_..... ....... -.-..... ...."..,. ~ PRELIMINARY PLAT BOULDER BRIDGE THIRD ADDITION 4W500 we::4>T- r.lOO f~"po.., ~ L. \ (\.(... "'.. ....r C. <'.1 , {../ , , ,. .. I...J ,c' ... ~ , , ~~j?t;~ a\...OC (.., 't r\ L jIJ Je ~ z ~ .: , 2 \) \.' _........:......'1.'_.. 'f, ,. r- v -..i. ;4"" '""' CO L\-l '"6.~;t~~ /.~ a.o.. 5.. I, II"" 2, _._ ::..-.----..................---........ .......~_.... ..........-...--..........,.... ......... ..-...............-............-- --.................- _........I1aL-... - .____ Exhibit B PRELIMINARY PLAT scALEi.. 10' O-DlN01i5'RDN + ~~ ....~, ~.... -,:..._.:?~ ", &~ " I , <..'" . , ,.. ......<.: ___._.._~(Ld'> =:.::~': ~ Ir'ft _: .1..7677 ~..' a.o. Soorvoyo '-r, Itoc:. 7110175"'__ .....1,.. _, .. 5M21 _: _JOtS _ fII ....- lot. . 2 a.o._: ia , . ...... ill. Ft. 1M l.a $t.'" _. Ft. -(;~~ A._ ..._ : c ",. .. MEMORANDUM . . CITY OF SHOREWOOD ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 TO: PLANNIN~COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 29 JUNE 1988 RE: KERBER. CYRIL - SIMPLE SUBDIVISION AND LOT AREA VARIANCE FILE NO.: 405 (88.26) Attached (yellow copies) is a copy of a staff report prepared in July of 1986 relative to a lot division and area variance which was subsequently approved for Mr. Cyril Kerber. Due to problems associated with the title of the property. the division was not recorded within the deadline prescribed by the City. Since then. the variance also expired. having not been used within one year of approval. In preparing a new survey (Exhibit A. attached) which shows a portion of designated wetland located on the property. the lot areas changed slightly from the original survey. Following is how the new survey compares with the previous one. 1986 survey 1987 survey Parcel 1 40.036 sq. ft. 40.140.4 sq. ft. Parcel 2 39.823 sq. ft. 38.488.4 sq. ~t. Variance requested 177 sq. ft. 1511.6 sq. ft. Despite the increase in variance. the recommendation contained in the 1986 staff report remains the same. In addition to the four recommendations contained in that report. the applicant should provide an easement to the City over the designated wetland on Parcel 1. It is worth mentioning that the applicant has previously paid the park dedication fee. cc: Dan Vogt Glenn Froberg Jim Norton Cyril Kerber A Residential Community on Lake Minnetonka's South Shore 10 \ IVIINN.OTA V ALLEY ~.VEYORS INC. 1331 LARC INDUSTRIAL BOULEVARD, BOX 1169, BURNSVILLE, MN 5533" 612-890- 7750 acco~ding to the piac thereof on fil~ ~nd of record in the office of Certificate ...oJ tn-en pcr.torucd "'; t'wut ..1 th" Abbt.:"d<:t ur 11 t 1" :.. ~.:JJ,-at.. S IRON MONUMENT 1 inch · 40 feet "I It thiti ...UL't/'!Y. lJ~dU, ur I.y Ole ur und.,r OIly direct I,. : u;:I ,} ;..tu.y ltugi::;tc["ed t~..: j .IV: fll thlo St....tc of ::r: :_.?_ _______ 1:1 un ~'.'. ~j2 J3 "'lc!7___ ____ ._______ / " I', ,.flg. 59',,"( '- '77.50 _ 13..88 I ~ , \ " ~ of Survey ..~. '* I I , I I , I I ---_.' I , / ........ I I )01 :, 0.:1 to: fII iii ..J ~I ~I ~I ... 21 z:8 ! I ~lIi . ~N 21 ZN i .... .... -...-------, 147.00 PARCEL 40140.4 sq.ft. z:lll ~ . ~. Z~ I "- , . ..., , , ,~ , -. , '-'/ .., '" I plat 277.50 I 276.93 III 89.59"'.( 1_'.1 WAY I~<.?.!.'n('r'l-E.~~CR IP! IO~ \ \ j l I I III _~__._ i I 2 ~ I . .w on on ~ NO!!! -;~ !!! ~8 :,,:1 li I'i~ -j & ~" Zu q I J u -J --- --- I PARCEL 2 38488.4 sq.ft. w . ~=~ <08 !lQ ~ t\!~ · III to tEl. ;,;k (\1M ...~ q .. . 111 .. U \ 129.93 I \ \ L. e:,)( h" b', t A fi ..........' . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 31 JULY 1986 RE: KERBER, CYRIL - SIMPLE SUBDIVISION AND LOT AREA VARIANCE .31 FILE NO.: 405 (86.~ BACKGROUND Mr. Cyril Kerber has requested approval to divide his property, located at 4800 Rustic Way (see Site Location map - Exhibit A, attached). According to the information submitted by the applicant, the property contains approximately 79,859 square feet in area. As shown on Exhibit B the proposed division would result in lots 40,036 and 39,823 square feet in area. Since the property is zoned R-1A, Single-family Residential, the easterly lot requires an area variance of 177 square feet. The property is currently occupied by the Kerber residence. Zoning surrounding the subject site is as follows: North and East - R-1A South - R-1C West - R-1D ANALYSIS/RECOMMENDATION With the exception of lot area the two lots comply with the requirements of the R-1A Zoning District. Specifically, they are wider than the 120 foot width requirement and deeper than 150 feet. Besides the very small amount of variance required, there are two factors which justify approval of the variance. First, the lot size on both the south and west sides of the subject property are considerably smaller than 40,000 square feet in area - 10,200 and 18,200 square feet, respectively. Secondly, the right-of-way for Rustic Way is 66 feet. Since the width requirement for local streets is only 50 feet, there is additional open space within the street r.o.w. A Residential Community on Lake Minnetonka's South Shore ~ e( Re: Kerber, Cyril-Subd/Var. 31 July 1986 Based upon the preceding, approval of the variance would not affect the character of the neighborhood. It is therefore suggested that the subdivision and variance be approved subject to the following: 1. Within 30 days of Council approval the applicant must provide drainage and utility easements, 10 feet on each side of all rear and side lot lines. Given the location of the existing house, this requirement will not be possible on the west side of the westerly lot. 2. Prior to release of the Council resolution approving the request, the applicant must pay one park dedication fee of $500. 3. The applicant must submit an up-to-date (within 30 days) title opinion for the property for review by the City Attorney. 4. The applicant must record the subdivision within 30 days of his receipt of the Council resolution approving the request. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Cyril Kerber - 2 - ..~ .. ~t c/ , " '4~: .... . ... I ~d ~ ... ij 'i ~~ ~ ~ L ~ ..I~~ II) '3 ".... \l -' . ~ ~ 0&; .-l,.... ~ : '1'\ V ' - '? ,.: :~ C)~ "': '-I :l ..,.. Exhibit A SITE LOCATION Kerber - subdivision ~ . " " .., Ot 2 ... .~ .,--.. <D,;:!, " !:-t . . " I. ,. ..; n ;.~ N ... N "7- u.l ~ -- ex: " -s ~I uJ ~ :-:i ....., ~ .J ~~ I ~ If) 0 <:l - ~ I :t. - "" ~ -;. ~ -(<< ; 0'. ~ ~9 ~ , . ~~ o~ V) I .'\ -.;;p'/t CQ CII) r. ~ ",. ~ ~ ',:. ~~..';.SOON ~ . Z6'bbl ~ OPo;. ~ ... ., ~ N - ...:- '""\ ~n-:. II) of 'h ,\". '" " If) () ... "" .... :: E:'" ~\- ,-. . , Ii1: \ ,..-.. \ \C\ ~ . \ ~::.. I'::i \ \1~ \ \I ,,\~ I .. \" ,L ~ J:: ('\ tiJ._.' '. Ot '. ,.' and variance ~ ~ \~~~.\~).$( {- .-'\ . 'f- ~ 'J.i, ~ I I . ,:", 1331 LARC INDUSTRIAL BOULEVARD, BOX 1169. BURNSVILLE, MN 55337 612-890.7750 .' INNESOTA VALLEY SURVEYORS INc. HOUSE : ~~ I _ LOCATION SURVEY 34./ . , 177.5-_' 143,4 I , " , , v 01,6;1.3 ~1.f+. 40, ~'3(P ?t ~t. - - W Q: !oJ ~ ~ .J o :I: "- o ~ Cl .J 0..0 ,'_' LL <\I :~; 0..... Wo ~ -' 0 .JLL ~ 0 (l), ~o N ~~ N -t i ,-1 I , on ... on .., I ",1 "" U) U) -~-j 147,0 147,0 I I.. , ~ .J a.. , ,(J) I , ,~ 0 N .J en 0 0 0 W ", (J) 0 a.. 0 Q: a.. I - , ... I" 7. 0 /30,5 277.5 RUSTIC WAY PART OF LOT 20, PLAT OF HOLTMERE 'No proper ty corner monumentation . .. . this survey. Exhibit B PROPERTY SURVEY U) U) 50 It)'\t rt) cD lLJ . tit ~N 2 ""& <{ .....J 50 Ri 10- <0-: .0 IO~ N" (\10:: t- OO w 3: ,".50' 50 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota, /" .- ~ ~n_ / ~~:.tl~ ~ Jun, 26,1986 Reg. No. 9293 ( COU~lCIL MEETING . " AUGUST 11, 1986 page two . CONSENT AGENDA EMPLOYEE RELATIONSHIP POLICY APPROVAL Stover moved, seconded by Haugen, to accept the revised employee policy. Motion carried - 5 ayes. PLANNING COMMISSION REPORT Stover referred to the minutes of the Planning Commission of August 5, 1986 submitted in this Council packet. PARK COMMISSION REPORT Shaw reported on the Park Commission discussion to have the bad fill removed from the football field and replace with good fill. He reported that Mr. Jurgens had verbally submitted his resig- nation from the Park Commission. Haugen moved, seconded by Shaw, to not accept his resignation until a clarification as to his reason of resignation. Motion carried, Shaw will discuss with Mr. Jurgens. RESOLUTION NO. 94-86 has requested a 8' side line variance, due to the topograghy SETBACK VARIANCE-4695 Lagoon Drive Mike McDonald of 4695 Lagoon Drive variance and a 21 lake shore setback of the lot. Gagne moved, seconded by Stover, to grant the variances as requested due to the hardship of topography of his lot. Motion carried by Roll Call Vote - 5 ayes. RESOLUTION NO. 95-86 SIMPLE SUBDIVISION AND VARIANCE 41:>00 Rustic Way Cyril Kerber of 4800 Rustic Way has requested a simple subdivision requiring a lot area variance to meet the R-1A requirement of 40,000 square feet, the lots will consist of 40,036 square feet and 39,823 square feet. Haugen moved, seconded by Stover, to approve variance subject to the four recommendations port dated July 31, 1986. Motion carried by the subdivision and of the planners re- Roll Call Vote - 5 ayes. SIGN PERMIT - 19335 ST. HWY 7 A request for a 27" x 40" sign for the Arnolds Restaurant at 19335 St. Hwy. 7. Haugen moved, seconded by Shaw, to approve the sign permit as requested. Motion carried - 5 ayes. ( 2- . . MINUTES PLANNING COMMISSION MEETIN~ -TUESDAY, AUGUST 5, 1986 7:45 PM PUBLIC HEARING - SIMPLE SUBDIVISION AND LOT AREA V}~IANCE Cyril Kerber - 4800 Rustic.Way Public portion of the public hearing opened at 7:49 P.M. The applicant was not present. The Commission discussed the Planner's report which explains that Mr. Kerber would like to divide his property which is located in the R-1A Zoning District, requiring 40,000 sq. ft. lots. The proposal would divide his 79,859 sq. ft. parcel into two lots. The westerly lot would contain 40,036 sq. ft. and the easterly lot 39,823 sq. ft. in area. The easterly lot requires an area variance of 177 sq. ft. Both lots otherwise comply with the requirements of the R-1A Zoning District. Acting-Chair Reese acknowledged a letter from Robert Lower of 4760 Lakeway Terrace showing favor of the proposal. Public portion of the public hearing closed at 7:50 P.M. Benson moved, seconded by Mason to recommend to Council approval of the subdivision and lot area variance subject to the Planner's recommendations: 1. Within 30 days of Council approval the applicant must provide drainage and utility easements, 10 feet on each side of all rear and side lot lines. Given the location of the existing house, this requirement will not be possible on the west side of the westerly lot. 2. Prior to release of the Council resolution approving the request, the applicant must pay one park dedication fee of $500. 3. The applicant must submit an up~to-date (within 30 days) title opinion for the property for review by the City Attorney. 4. The applicant must record the subdivision within 30 days of his receipt of the Council resolution approving the request. Motion carried unanimously. . MEMORANDUM (Revised) . . MAYOR Robert Rascop COUNCI L Jan Haugen K risti Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL BRAD NIELSEN FROM: DATE: 29 JUNE 1988 SWANSON. TOM - C.U.P. FOR SPECIAL HOME OCCUPATION PERMIT. C.U.P. FOR GARAGE SPACE IN EXCESS OF 1000 SQUARE FEET. AND VARIANCE FOR ACCESSORY SPACE TO EXCEED THE FOOTPRINT AREA OF THE PRINCIPAL STRUCTURE RE: FILE NO.: 405 (88.23) BACKGROUND Mr. Tom Swanson has applied for a conditional use permit. pursuant to Section 1201.03 Subd. 12 of the City Code. to operate an upholstery shop on residential property located at 25405 Smithtown Road (see Site Location map - Exhibit A. attached). He has also requested a C.U.P. which would allow him to exceed 1000 square feet of accessory space. Finally. he has requested a variance which would allow him to build accessory space in excess of the area of the principal structure on the property. As shown on the applicant's survey (Exhibit B) and explained in his request letter (Exhibit C). Mr. Swanson proposes to build a detached. 24' x 36' garage (see Exhibit D) to replace a 17' x 20' existing garage. His upholstery business is conducted from a 16.5' x 42' barn located approximately in the middle of the lot. The proposed total amount of accessory space will be 1557 square feet. According to the applicant. the existing house "footprint" size is 1100 square feet. The subject property contains 87.310 square feet in area and is zoned R-1A. Single-family Residential. Surrounding land use is also single-family residential. Zoning on the west. south and east sides of the site is R-IA. while property to the north is zoned R-IC. A Residential Community on Lake. Minnetonka's Re: Swanson. Tom C.U.P.s and variance 29 June 1988 . . ISSUES AND ANALYSIS A. C.U.P. - Special Home Occupation. Section 1201.03 Subd. 12.d. (1) provides general requirements for all home occupations and Subd. 12.d. (3) contains requirements specific to special home occupations. While both sections should be reviewed in detail. the following requirements are highlighted. 1. Any home occupation shall be clearly incidental and secondary to the residential use of the premises. shall not change the residential character thereof. and shall result in no incompatibility or disturbance to the surrounding residential uses. In view of the variance request to exceed the allowable area of accessory space. there is some question whether this requirement is satisfied. 2. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and State fire and police recommendations. Again the variance request clouds this issue. 3. Given the length of the driveway and the size of the lot. parking is not considered to be a problem. 4. The applicant's letter states that he works by himself. 5. Special home occupations may be conducted within an accessory building. 6. The City has previously granted a special home occupation for an upholstery shop (see Wichterman. Robert - C.U.P.). To date the City has received no complaints. 7. The applicant indicates that he has very few customers who come to his shop. B. C.U.P. - Accessory Space in Excess of 1000 Square Feet/Variance for Accessory Space to Exceed "Footprint" Area of Principal Structure. Section 1201.03 Subd. 2.d. (4) of the City Code contains the criteria for allowing accessory buildings to exceed 1000 square feet in area. His proposal fails to meet the first criteria which limits the area of accessory space to the "footprint" size of the house. The applicant proposes to exceed the first floor area of the house by 457 square feet. Section 1201.05 Subd. 2 contains criteria for granting variances. The request fails to meet the criteria set forth in the Ordinance. Specifically. the need for the accessory space is brought about by the applicant's choice to conduct his business from his home. The residential use of the property should be considered to constitute reasonable use. - 2 - Re: Swanson. Tom C.U.P.s and variance 29 June 1988 . . RECOMMENDATION While Shorewood has made the decision to allow certain types of business to be conducted from residential property. it is recommended that such uses should not dictate the need to exceed ordinance requirements intended to preserve the character of residential areas. It is recommended that the applicant's request for a special home occupation permit be granted subject to the requirements of Section 1201.03 Subd. 12. It is further recommended. based upon the preceding analysis. that the C.U.P. to exceed 1000 square feet of area should be limited to the "footprint" area of the house. The variance to exceed this area is not considered to be justified. The applicant should be advised to either build a smaller new garage or reduce the size of the existing barn. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Tom Swanson - 3 - . MAYOR Robert Rascop COUNCIL Jan Haugen K risti Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM (Revised) TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 29 JUNE 1988 RE: SWANSON. TOM - C.U.P. FOR SPECIAL HOME OCCUPATION PERMIT. C.U.P. FOR GARAGE SPACE IN EXCESS OF 1000 SQUARE FEET. AND VARIANCE FOR ACCESSORY SPACE TO EXCEED THE FOOTPRINT AREA OF THE PRINCIPAL STRUCTURE FILE NO.: 405 (88.23) BACKGROUND Mr. Tom Swanson has applied for a conditional use permit. pursuant to Section 1201.03 Subd. 12 of the City Code. to operate an upholstery shop on residential property located at 25405 Smithtown Road (see Site Location map - Exhibit A. attached). He has also requested a C.U.P. which would allow him to exceed 1000 square feet of accessory space. Finally. he has requested a variance which would allow him to build accessory space in excess of the area of the principal structure on the property. As shown on the applicant's survey (Exhibit B) and explained in his request letter (Exhibit C). Mr. Swanson proposes to build a detached. 24' x 36' garage (see Exhibit D) to replace a 17' x 20' existing garage. His upholstery business is conducted from a 16.5' x 42' barn located approximately in the middle of the lot. The proposed total amount of accessory space will be 1557 square feet. According to the applicant. the existing house "footprint" size is 1100 square feet. The subject property contains 87.310 square feet in area and is zoned R-1A. Single-family Residential. Surrounding land use is also single-family residential. Zoning on the west. south and east sides of the site is R-1A. while property to the north is zoned R-1C. .A Residential Community on Lake Minnetonka's South Shore . . Re: Swanson. Tom C.U.P.s and variance 29 June 1988 ISSUES AND ANALYSIS A. C.U.P. - Special Home Occupation. Section 1201.03 Subd. 12.d. (1) provides general requirements for all home occupations and Subd. 12.d. (3) contains requirements specific to special home occupations. While both sections should be reviewed in detail. the following requirements are highlighted. 1. Any home occupation shall be clearly incidental and secondary to the residential use of the premises. shall not change the residential character thereof. and shall result in no incompatibility or disturbance to the surrounding residential uses. In view of the variance request to exceed the allowable area of accessory space. there is some question whether this requirement is satisfied. 2. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and State fire and police recommendations. Again the variance request clouds this issue. 3. Given the length of the driveway and the size of the lot. parking is not considered to be a problem. 4. The applicant's letter states that he works by himself. 5. Special home occupations may be conducted within an accessory building. 6. The City has previously granted a special home occupation for an upholstery shop (see Wichterman. Robert - C.U.P.). To date the City has received no complaints. 7. The applicant indicates that he has very few customers who come to his shop. . B. C.U.P. - Accessory Space in Excess of 1000 Square Feet/Variance for Accessory Space to Exceed "Footprint" Area of Principal Structure. Section 1201.03 Subd. 2.d. (4) of the City Code contains the criteria for allowing accessory buildings to exceed 1000 square feet in area. His proposal fails to meet the first criteria which limits the area of accessory space to the "footprint" size of the house. The applicant proposes to exceed the first floor area of the house by 457 square feet. Section 1201.05 Subd. 2 contains criteria for granting variances. The request fails to meet the criteria set forth in the Ordinance. Specifically. the need for the accessory space is brought about by the applicant's choice to conduct his business from his home. The residential use of the property should be considered to constitute reasonable use. - 2 - Re: Swanson. Tom C.U.P.s and variance 29 June 1988 . . RECOMMENDATION While Shorewood has made the decision to allow certain types of business to be conducted from residential property. it is recommended that such uses should not dictate the need to exceed ordinance requirements intended to preserve the character of residential areas. It is recommended that the applicant's request for a special home occupation permit be granted subject to the requirements of Section 1201.03 Subd. 12. It is further recommended. based upon the preceding analysis. that the C.U.P. to exceed 1000 square feet of area should be limited to the "footprint" arE!a of the house. The variance to exceed this area is not considered to be justified. The applicant should be advised to either build a smaller new garage or reduce the size of the existing barn. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Tom Swanson - 3 - I ;.@ ,. .1 t\I ..-,u .- " Mtt ..-... I . ~.1 .1 ,.... --' --, . -4. - I __ ----JI I : 'I'; c>> CD ~k .. ~ ~. .". . , ~ , .... ~+:- cD~ ~ 3 - +~ ~\' .... ~.. . 5 :- ~ '.'U }~:.~t F ';' ,~~, :r~.*:'~;. ~.' -;- <t'..;J.~': ~:, ,; ~.' ....2::i:j;'\~;. ~A:',~~~< ~'~~> ", f~~'~f8 r. .j:;.' P~".~~' {, . f:.~;~t . -~O"" .. .' --. .- ~_Wtl.t- _ . - .r,. Z 4 iI ...~._- ~.." '! "~..~ '-.~- ,,! Hiif' 0611-0 N ',;i;" ,:, ~l .fo, ~ . .. . e~ ..n. S.?( '~".. .... ,. ~ "'0 - ~. It~ I \ - I:Se "'~ 4 'l' ~ ..... .... ., ~~ ~~~ -!-!. .', .. .@ .. -" .,;..... ~ ~ t.,I e .., ~ '. . A! .. 2 .j ~ ~ t .-: . ~ . ,.. .~ ~ i ~~ Exhibi t A SITE LOCATION Swanson - C.U.P.s and Variance . t',", & 1- ~ )If ) .. , .. ..- . , , , ~ I I I I . ,. . , ....:.: Scale: 1 m.h .:. 45: 0 I ~ q ~ ~ ----- *Mt. , o -:.{l .' .;.. C\f - .' .. .. "_1 . .' 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"-0 Exhibit C-l APPLICANT'S REQUEST LETTER l' . \ "'" , , . . ~ . : w~.(e'~ ~ew ti!.Af{', fV\.'1 V'o..~ ~~d\ f'I#\ 7 ~8' f1lo~fr"'ft/ ,I iJ\5,de, 'I I q :~~~~ 01 :\ MY 'I 'i I ! I 1\ I q I I I I j 1 i i I " , ~ I I -. .\ I I I .\ I I \ .:t Pe~' 14;' 7J\,'S ~~(o.oe. wo"""ld V\,o...f 11ve ~'r'Jf:r 0..( VM fftJft!r-t-y ~\ be. DCA..+ tf1 q> r. F" l' V-loYh TAM\. k y~Ll, Exhibit C-2 . , . ..> 1 " ~ . . /':: {(oNr <r- f/-~ f)w' <!!" Ca. I -7 0."- .- - ,.J " -';1' . .,', J' ~,,,"- J COCIo\"S e..s 0 " r 0':' t Ce..c.e 10/0'- K:.. I \AltaJwp , ()~ L. 'T. .- L L I ,-l LL-L+{ - - _, 1-" , -. <:::::?- ) V / - 7 <E'- g -7 I).., v- ... $" , - .., D.ev Exhibit D PROPOSED BUILDING :' . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRA TOR Daniel J. Vogt . 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM (Revised) TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 29 JUNE 1988 RE: PETRICH. GARY - C.U.P. - ACCESSORY SPACE IN EXCESS OF 1000 SQ. FT. FILE NO.: 405 (88.25) BACKGROUND Mr. Gary Petrich has requested a conditional use permit. pursuant to Section 1201.03 Subd. 2.d. (4) of the Shorewood City Code. to build garage space which puts the total amount of accessory structure area on his property over 1000 square feet. His home is located at 27280 Edgewood Road (see Site Location map - Exhibit A. attached). As part of an extensive remodeling and expansion project. Mr. Petrich proposes to add a three-car. 936 square foot garage on one level and a two-car. 576 square foot garage on a lower level. Total accessory space will be approximately 1512 square feet in area. An existing detached garage will be demolished. Elevations of the proposed structure are shown on Exhibit B. The site plan on Exhibit C shows the location of the existing and proposed structures. ANALYSIS/RECOMMENDATION Following is how the applicant's request comp1es with Section 1201.03 Subd. 2.d. (4) of the Code. a. The total area of the proposed accessory space (1512 square feet) does not exceed the footprint size of the principal structure (approximately 3278 square feet). b. The proposed accessory space does not exceed 10% of the minimum lot size of the R-IA zoning district (1512 - 40.000 sq. ft. = 3.8%). Residential Comrnunity on Lake Minnetonka's South Shore . . Re: Petrich. Gary C.U.P. - accessory space 29 June 1988 c. The proposed addition complies with the setbacks of the R-IA district. Necessary grading is away from the shoreline of Lake Minnetonka and no more is necessary than if a simple addition to the house were being proposed. d. Being attached to the house the proposed garage space (shown on Exhibit B) is in keeping with the architectural character of the house. Despite having five overhead doors. the fact that they are located on different elevations reduces the visual impact. It is worth noting that the structure could be built as proposed with only an ordinary building permit if the lower level were proposed as basement. Based upon the preceding it is recommended that Mr. Petrich's request for a C.U.P. be approved as proposed. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Gary Petrich - 2 - ~ ~ ~ ~ . ~ ~ ~ ~ ------ K ~ ~ ~ ~ -...J ~ ~ ~ ~ '- ~ -I- --------- ~ . - \0 '-.J 4- ~ \\l ~l -;:::) ..0 'J ~ ~ .at 'l) ~ :..- Exhibit A SITE LOCATION Petrich - C.U.P. )... .~,r": ; :~..~.' 'i' )~",: .. :f~ 5'~:,:: l.t. .- i~-' ~ ~~'.' . . .~~)j ,:- : ~...1!1 \ ,~:~ ~'/" ~~...::,. 'J ',Io.. _ fo-?- '. b:-- i:..ISl ""i -. ' .....:.,.~.~: :'; ': :: _:': '.' .. ."..ft-:' "'7' ...... ~ :. . ~ : ~..:.:f;~,~' ~;t~ I:: I'~' :,.,,~ . : J.: .".:." \.. ".. .. OJ '.'!J :'. I,t~.~ '.. .~~~; '1 \i~ .:,:' .. .:~. ~. ." j .......~.jII.,... ..,. .f.',,- .. "~,~~.~.:..~;"'~,. ...~t-:~~...- ~ ...~... . ",. . 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CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 28 JUNE 1988 RE: HARDING ACRES SECOND ADDITION FILE NO.: 405 (88.12) Enclosed please find background information on Harding Acres Second Addition. Although the plat was approved for a third time last fall. it again was not recorded within the six-month time limit required by the Shorewood Subdivision Ordinance. Airnational Group. Ltd.. represented by Richard Conry. has now requested approval of preliminary and final plats in order to complete the project. Similar to past recommendations. approval is recommended. A development agreement. prepared for the last request. needs only to be updated. cc: Dan Vogt Glenn Froberg Jim Norton Ellen Walsh A Residential Community on Lake Minnetonka's South Shore ~. ... . . MAYOR Robert Rascop COUNCI L Jan Haugen Krist; Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vog! CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 30 SEPTEMBER 1987 RE: HARDING ACRES SECOND ADDITION FILE NO.: 405 (87.43) In 1985 the City approved a subdivision called Harding Acres. The original plat included 18 lots. six of which were platted as a first phase. In April of last year Network Development Inc. received preliminary and final plat approval for the remaining 12 lots (see attached staff report. dated 10 April 1986). The plat was never finalized and the City's approval has since expired. Mr. Richard Conry. representing Lake Minnetonka Homes. now proposes to finish the project as originally approved. Since nothing has changed since the previous approvals were granted. the recommendations contained in the 10 April staff report should still be considered. In addition. the previous Minnehaha Creek Watershed District approval must be extended. Given that the plat has been approved twice before. the developer has requested that preliminary and final plat be reviewed simultaneously. Once the public hearing has been held. staff will prepare the necessary development agreement for review by the City Council. BJN : ph cc: Dan Vogt Glenn Froberg Jim Norton Richard Conry A Residential.communitvc.on Lake MinnetonkB's South -Shore -1. . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 10 APRIL 1986 RE: HARDING ACRES SECOND ADDITION FILE NO.: 405 (86.06) BACKGROUND Last year the City approved a subdivision called Harding Acres (see Site Location map - Exhibit A, attached). As you may recall a preliminary plat was approved for 18 lots. A final plat was then approved for the six lots having frontage on WedgewQod Drive and Smithtown Road. Network Development Inc. is purchasing the property, and has reque~ted approval of a final plat for the remaining 12 lots. Since the Shorewood Subdivision Ordinance requires that final plats must be submitted within six months of preliminary plat approval, the project technically requires a new preliminary plat. As a practical matter, however, the plat is exactly the same as the one approved in 1985 (see Exhibit B, attached). RECOMMENDATION Since the plat is consistent with the previous approvals, it is recommended that both preliminary plat and final plat be approved subject to the following: 1. Approval of the plans and specifications for street and utility improvements by the City Engineer. 2. The applicant must submit an up-to-date title opinion for review by the City Attorney. .. '. 3. Park dedication fees ($500 per lot) must be paid prior to release of the plat. 4. The applicant's engineer must submit an estimate of the cost of constructing required improvements. A ResidentialCommunity on Lake Minnetonka's South Shore . ~ . . Re: Harding Acres 2nd Addition 10 April 1986 \ 5. Subject to the City Engineer's approval of the estimate, a letter of credit for 150 percent of the estimate must be provided by the applicant to ensure construction of the improvements. 6. It is recommended that the staff be directed to prepare a standard subdivision development agreement covering the above-mentioned items and including provisions for scheduling and inspection of improvements, reimbursement of City expenses, building permits, etc. This could likely be reviewed 'at the 28 April Council meeting. 7. The applicant's engineer should prepare a detailed grading plan showing proposed elevations of building pads. Once this has been reviewed by the City Engineer, grading work may be commenced. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Neil Lewis - 2 - JJtt10 . '. .: ~- to I I I I t .of ~ -- . . I . ~I ~! WI LA. : I ~LA.li I 331 l 1 i I , '. - =- 1l-b . . I . ..L TONKA BAY ............ NDrth , I II ==401 .. .. e. RD. GLEN a t: z i I t I RD. I . t" Q..,~ . I . . I II II Exhibit A SITE LOCATION Second Addition Harding Acres LA. .c:, v ~., , . HARDING .1, I il :! '] I .. I i .. ... Rood !t-; AN I TOLJ GLEN t:: rll600 -;:~ l. I OJ ; ;..v"'l I()) 2 . 'I b.!!-~:u fl.l.. S. :\ ""~ ~ \\.: r~\ ~'Vv .,.. ~ - It: Q <Ii li.: .fk: ~ No. //9 !! .. . !II 0 ... .. .. .. .. ! 1IO -, ..,. - Exhi bit B FINAL PLAT . MINUTE; ( ( OI>M '" ),. u_ . "'-~TUESDAYrimOC~OBE~ 1~ PAGE T E SIMPLE SUBDIVISION - 25140 GLEN ROAD . RESOLUTION NO.133-87 Kent Adams was present to request a simple subdivision of his lot at 25140 Glen Road, needing no variances. Gagne moved, recommended by recommendation. seconded by Brancel, to approve the subdivision as the Planning Commission and subject to the Planner's Motion carr~ed - 5 ayes by Roll Call Vote. DISCUSSION OF AMENDING THE ZONING ORDINANCE - REDUCING THE SIDE YARD SETBACK FOR LAKESHORE LOTS Stover stated that the Planning Commission voted 4-1 in favor of the current 30' combination side yard setback after their discussion. The discussed the creating of all R-1A zoned properties with the same side yard setbacks versus lakeshore R-IA with different setbacks. Rascop stated that the public hearing was held on this issue by the Planning Commission, but he would accept public comment at this meeting. Mr. Kelsey Page, Attorney for the Lover~n, Wartman and Of steads, requested that his letter be submitted to the City to be part of the records. He commented that most of the homes on lakeshore lot were built under 20' rule. He feels the current 30' rule should be changed rather than come up with reasons to make exceptions. David Garber, resident of Edgewood Road supports the current 30' rule. Garber's Attorney felt that each var~ance should be considered individually with reasonable,use under the hardship clause. Gagne moved, seconded by Brancel, currently in the Zoning Ordinance. (Haugen and Rascop). to support the 30' rule as is Motion carried 3 ayes to 2 nays HARDING ACRES 2ND ADDITION - PRELIMINARY PLAT AND FINAL PLAT APPROVAL RESOLUTION NO.134-87 Stover reported that the Planning Commission approved this subdivision subject to the Planners report. Developer Dick Conry was present to receive approval of his 12 lot subdivision. Attorney Froberg reviewed the Development Agreement. He added a new item 16 regarding preconstruction meetings. Stover moved, seconded by Haugen, to approve the preliminary and final plat of Harding Acres 2nd Addition subject to the Planner's recommendations and approval of the amended development agreement. Motion carried by Roll Call Vote - 5 ayes. CLARIFICATION OF LOCATION OF WEDGEWOOD STREET SURFACE Engineer Norton submitted a color coded map showing the existing surface of Wedgewood Road in compar~son to the platted surface. He also marked the property area that would be needed to acquire a needed 50' right-of-way. This additional IS' right-of-way will be needed in order to clear the site line as recommended by MnDOT when a speed limit reduction was requested. -3- .. .... . . . .' CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 6 OCTOBER 1987 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S "''''I'T rnn nnnnn Robertson moved. seconded by Benson to approve the minutes of 1 September 1987 as written. Motion carried unanimously. . 7: 30 P. M. PUBLIC HEARING - PRELIMINARY PLAT - HARDING ACRES 2ND ADDITION Lake Minnetonka Homes - No. of Smithtown Rd. & E. of Wedgewood Dr. Planner Nielsen reviewed the history of this development. stating that the plat has received approval twice before. Mr. Richard Conry of Lake Minnetonka Homes is requesting approval of the Harding Acres 2nd Addition plat and has made no revisions to it. The plat contains 12 lots and is located in the R-IC. single-family residential district. Public portion of the public hearing opened at 7:40 P.M. Lindy Aagaard. Wedgewood Drive. asked what kind of homes are proposed. Mr. Conry said that although he will not be one of the builders. the homes will be of comparable value to that which currently exists. Public portion of the public hearing closed at 7 :41 P.M. Benson moved. seconded by Spellman to recommend approval of the preliminary plat subject to the Planner's recommendations: 1. Approval of the plans and specifications for street and utility improvements by the City Engineer. 2. The applicant must submit an up-to-date title opinion for review by the City Attorney. 3. Park dedication fees ($500 per lot) must be paid prior to release of the plat. 4. The applicant's engineer must submit an estimate of the cost of constructing required improvements. 5. Subject to the City Engineer's approval of the estimate. a letter of credit for 150 percent of the estimate must be provided by the applicant to ensure construction of the improvements. 6. It is recommended that the staff be directed to prepare a standard subdivision development agreement covering the above-mentioned items and including provisions for scheduling and inspection of improvements. reimbursement of City expenses. building permits. etc. 7. The applicant's engineer should prepare a detailed grading plan showing proposed elevations of building pads. Once this has been reviewed by the City Engineer. grading work may be commenced. Motion carried unanimously by roll call vote - 5 ayes. This item will appear on the Council agenda of 13 October 1987. ""'''''''4 ,.. ,_ _ " .,If '" .,- "",., " II. ,.. II. . ~"',II"'''' "..~,.. ,,..-..,, .:r' . .n",". . (r,~ \1 ORR.SCHELEN.MAYERON & ASSOCIATES, INt Consulting Engineers Land Surveyors February 19, 1985 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Dan Vogt, Administrator Re: Final Plat of Harding Acres Dear Dan: We received the grading, drainage and utility plans for the final plat of Hard- ing Acres from TKDA, the developer's engineer. However, we did not receive a copy of the final plat. Our review of the information received will address the following items: 1. Grading 2. Drainage a. Storm Sewer 3. Util ities a. Sanitary Sewer b. Water 4. Streets 1. GRADING The grading plan shows the revised contours. Most of the rev1sions occur in Block 4, Lots 6 - 10. As shown on the grading plan the cross-lot drainage on those lots is significant. This condition is critical in providing proper drainage from south to north. When the building permits come in for these lots provisions for this continuous drainage must be insured. Items such as retain- ing walls or earthen berms should not be allowed unless they provide for this cross-lot drainage. Due to the grading requi red for the storm water storage pond, the buil ding envelope for Lot 5 is quite small. At the same time the storm water storage pond should be somewhat larger to insure that runoff after development does not exceed runoff prior to development. ,;Additional storage capability should be provided somehow. The Minnehaha Creek Watershed District should also address this item. As of this writing we have not received anything from them. e) e) Page Two Mr. Dan Vogt. Administrator February 19, 1985 · .., Where the storm water pond is shown it falls exactly on the top of the existing 9- sanitary sewer pipe serving Glen Road. While this is not the most desirable situation it could be allowed providing there is a minimum cover over the top of the pipe of 3.51 (same as depth requirement for frost footing). . Also, the existing manholes must be protected and left at an elevation to insure they will not be flooded. A critical period for protecting this pipe is during the grading process. Extreme care must be taken to insure that the existi ng 9M P.V.C. pipe is not crushed or disturbed in any way. 2. DRAINAGE The drainage has been properly addressed on Hardi ng Lane as shown on the STORM SEWER AND STREET Sheet, Sheet No. 2 of 2, with the exception of the storage pond size as noted previously. Further discussion regarding the pond size is required when we hear from the M.C.W.D. One additional item 15 required on the discharge end of the 24- R.C.P., a surge basin to prevent erosion from occurring. This can be installed in lieu of the flared end section as shown on the drawings. The drainage on Wedgewood will be disturbed during the installation of the sanitary sewer. This must be restored after construction as well as handled during construction with the appropriate erosion control measures. 3. UTILITIES a. Sanitary Sewer: As !I1t!ntioned previously, the existing sanitary sewer will be under the proposed ponding area. Minimum cover of 3.51 must be maintained and the integrity of the pipe and manholes insured during and after construction. Connections to all existing sewer structures, whether pipes or man- holes, shall be detailed on a special sheet contained in the specifi- cations or shown on the plans. These detail sheets must be submitted for review and approval prior to construction. There is no sewer service shown for Lot 1, Block 3. It could be served by Manhole 5 shown on Sheet No. 1 of 2, SANITARY SEWER. The connection to existing Manhole 35-21 must be 1-21 above the bottom with a finished grouted invert. b . Water: There i sno water main shown or discussed. We assume the developer will pursue this final plat with the intention of using indi- vidual wells when the houses are built. If so, this must be addressed on the building permit application. (, . I I ! , . .; Page Three Mr. Dan Vogt. Administrator February 19. 1985 4. STREETS The streets as shown are adequate with the exception of a minor change on the TYPICAL SECTION. The bituminous benn must be changed to an Integral Shoe- Fonned Curb. This must be put down with the wear course. As a general statement. all work must be done in accordance with the City of Shorewoods' standards and the City Eng1 neers Associ at10n Construction Stan- dards. Should you have any questions. please call. Respectfully. ORR-SCHELEN-MAYERON & ASSOCIATES, INC. J--- P. Yj<~ James P. Norton, P.E. JPN:mln cc: Charles L. Wetzler, TKDA Ed Otto, Otto Associates Gary Larson I.~ . SHOREWOOD . DATE: 7 July 1988 MEMO: TO: Mayor and City Council FROM: Brad Nielsen NOTE: The developer's name in the attached development agreement will be changed to Airnational Group, Ltd. . . RESOLUl'ICN ID. WHERFAS, the preliminary and final plats of HARDING ACRES SECX:N> ADDITION have been submitted in the manner required for the platting of land under the Shorewood Ci ty Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHERFAS, said plat is consistent with the Shorewood Cooprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the Ci ty of Shorewood. N:lV, 'lHEREFrnE, BE IT RESOLVED, by the Ci ty Council of the City of Shorewood: 1. That the plat of Harding Acres Second Mdition is hereby approved. 2. That the approval is speci fically condi tioned upon the terms and condi tions contained in the Developnent Agreement attached hereto and made a part hereof. 3. That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the said Developnent Agreement on behalf of the City Council. 4. That this resolution together with the final plat shall be filed and recorded within 30 days of the Developer's receipt of this Resolution. BE IT FURlHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper corrpliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in corrpliance with Minnesota Statutes and the Shorewood Ci ty Code. AOOPI'ED BY 1HE CIlY axJNCIL of the Ci ty of Shorewood thi s day of , 1988. Robert Rascop, Mayor ATrEST: Sandra L. Kennelly, City Clerk . . CIlY OF sa:m.wxD RESIDENTIAL SUBDIVISICN DEVEIDRVENT AGREElVIENl' HARDIm AmES SEaN> AlDITICN nus AGREEVENl', made this day of , 1987, by and between the CI'IY OF sa:m.wxD, a Minnesota lJRlIlicipal corporation, hereinafter referred to as the "City", and LAKE MI:NNE'lCNKA lDVlES, IN.;. , a Minnesota Cbrporation, hereinafter referred to as the "Developer". WHEREAS, the Developer holds an interest in certain lands described in Exhibi t A attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, the Developer has made application under the Subdivision Ordinance of the Shorewood Ci ty Cbde for Cbunci I approval of a single-family residential development plat of the Subject Property, said plat to divided into 12 lots and to be known as Harding Acres Second Addi t ion; and WHEREAS, the City Cbuncil by its resolution passed on October 13 ,1987, has approved the plat of the Subject Property; and \\HEREAS, the Developer has now sulxni tted his final plat of the Subject Property, which plat is attached hereto and made a part hereof as Exhibit B; and WHEREAS, the City has established the policy of requiring land developers and the City to formally allocate between them the furnishing of surfaced streets, curbs, gutters, required landscaping, stonn sewer and surface water drainage facilities, street signs, sanitary sewer facilities, and underground electric and telephone service lines to all lots and plats approved by the City, all of the foregoing hereinafter sometimes referred to as improvements. N:J\T, 'lHEREFCIm, in consideration of the foregoing premises and acceptance by the Ci ty of the final plat of Harding Acres Second Addi t ion, the City and the Developer agree as follows: . . 1. nVIPIVVE\1ENrS INSTALLED BY DEVEIDPER. Developer agrees at its expense to construct, install and perfonn all work and furnish all materials and equipment in connection with the installation of the following inprovements: a. Street grading, stabilizing and bituminous surfacing; b. Integral shoe-fonned bi tuminous sunnountable curbs and gutters; c. Sani tary sewer mains; d. Stonn sewer and surface water drainage facilities; e. Street signs; f. Requi red landscaping. It is understood that underground utility lines, including gas, electric, and telephone, shall be installed by the respective private utility coopanies pursuant to separate agreements wi th the Developer. 2. IMPlVVE\1ENI'S INSTALLED BY CI'IY. No inprovements are contemplated to be installed by the City at this time. 3. STANDARDS OF a:NSmucrICN. Developer agrees that all of the foregoing inprova:nents shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and speci fications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subj ect to final inspection and approval by the City Engineer. 4. MATERIALS.AND :LA'EOt.All of the materials to be employed in the making of said inprovements and all of the work perfonned in connect ion therewi th shall be of uni fonnly good and workmanl ike qual i ty, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 5. SCHEIXJLE OF \\OlK. The Developer shall subnit a written schedule indicating the proposed progress schedule and order of coopletion of work covered by this Agreement, which schedule shall be a part of this Agreement. Upon receipt of wri tten not ice fran the Developer of the existence of causes over which the Developer has no control, which wi 11 delay the crnpletion of the work, the City, at its discretion, may extend the dates specified for completion. It is understood and agreed that the work shall be perfonned in one phase to be fully completed by , 1987. -2- . . 6. PRE-aNS'IR'I.CI'ICN MEIITlOO. Prior to the coomencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include the appropriate parties specified by the City Engineer. 7. S'llmIITS, SANITARY SavER, AND S'ICHVl sm\IER FACILITIES. a. Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of streets, curb, gutter, sanitary sewer, and storm sewer and surface water drainage facilities in said plat, said plans and specifications to be subject to the final approval of the City Engineer. b. As-Built Plan. Upon coopletion of construction, Developer shall cause its engineers to prepare and file with the City an "as-bui It" plan showing the installation of the foregoing faci Ii ties within the plat. Such plans shall be prepared in conformance with City standards for as-built plans as are presently on file with the City. c. Easements. Developer, at its expense, shall acquire all easements fran abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and surface water drainage facilities within the plat, and thereafter promptly assign said easements to the Ci ty . d. Pre-existing ~ain Tile. All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 8. STAKIN} , SURVEYlOO AND INSPECl'ICN. It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the above-described inprovements. In order to ensure that the carnpleted inprovanents conform to the approved plans and specifications, the City will provide for resident inspection. 9. GRADlOO, mAlNAGE, AND ERlHCN cnnroL. Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the Ci ty Engineer. Said plans shall provide for tenporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within the plat free of all dirt and debris resulting fran construction therein by the Developer, its agents or assignees. 10. S1REET SUNS. Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices. -3- . . 11. AOCESS. Developer shall provide reasonable access, including tenporary grading and graveling, to all residences under construction in the plat until the street is accepted by the City. 12. CXXlJPANCY PERVJITS. The occupancy of any new structure on any lot within said plat shall be prohibited by the City until the street shall have been graded and surfaced with class 5-100% crushed material and IIIDlicipal sanitary sewer lines shall have been installed and are available to serve the lot for which the building pemlit has been issued. 13. FINAL INSPECI'ICN. Upon carplet ion of the inprovements set forth in Paragraph 1 above, the City Engineer, the contractor, and the Developer's engineer wi 11 make a final inspection of the work. When the City Engineer is satisfied that all work is carpleted in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recoomend that the inprovements be accepted by the Ci ty. 14. <rNVEYANC.E OF IMP.lU\7E\1ENl'S. Upon coopletion of the installation by Developer and approval by the City Engineer of the irrprovements set forth in Paragraph 1 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said irrprovements, the same shall becane the property of the City wi thout further notice or action on the part of either party hereto, other than acceptance by the City. 15. REPLAC.EMEm'. All work and materials perfom1ed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. 16. RES'lIEATICN OF S'lREETS AND PUBLIC FACILITIES. The Developer shall restore all City streets and other public facilities disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituninous replacement, curb replacement, and all other itens disturbed during construction. 17. REIl\BJRSEVJENI' OF alITS. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the wi thin Agreement and the perfomlance thereof by the Developer. Such reimbursement shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in Paragraph 23 below. 18. ClAIM) KR \\UlK. The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected fran the Ci ty, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any -4- . . such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 19. LE'ITER OF amDIT. For the purpose of assuring and guaranteeing to the City that the inprovements to be constructed, installed and furnished by the Developer as set forth in Paragraph 1 above, shall be constructed, installed and furnished according to the tenns of this Agreement, and to ensure that the Developer shall pay all claims for work done and materials and supplies furnished for the perfonnance of this Agreement, and that the Developer shall fully cooply with all of the other tenns and provisions of this Developnent Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the Ci ty in an amount equal to 150% of the total cost of said improvements as estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the coopletion of the required improvements. The said deposit or letter of credi t may be reduced in amount or replaced by a maintenance bond at the discretion of the City upon acceptance by the City of the various individual improvements. 20. LIABILI1Y INSURANCE. The Developer shall take out and maintain during the li fe of this agreement public I iabil ity and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to coomencement of construction of the improvements described in Paragraph 1 above, the Developers shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors fran claims arising under the workers' carpensation laws of the State of Minnesota. 21. LAWS, (JIDINANCES, REXIJLATICNS .AND PERVIITS. Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all pemIits that may be required by the City of Shorewood, the State of Minnesota, and the Minnehaha Creek Watershed District before coomencing developnent of the plat. 22. SEWER ASSESS\1ENl'S. The original assessments against the property for sanitary sewer are in the amount of $1,800.00. Developer acknowledges that as a newly platted developnent of 12 lots, additional -5- . . sums may be assessed against the property as equalization charges pursuant to Shorewood City Code Section 904.18. Developer agrees to accept and pay all such charges to the City in accordance with the Shorewood City Code, together with all previous assessments against the property, provided full credit is given to the Developer for all prior payments made by the Developer or its predecessor on account of said assessments. A schedule of such charges is set forth in Exhibit C, attached hereto and made a part hereof. 23. PARK FUND PM1V.IENl'. Developer shall, at the time that final plat is approved, make a cash payment to the City in the sum of $6,000.00 for the Park Fund. 24. NOTICES. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The Ci ty and the Developer by wri tten notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as conterrplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the Ci ty: City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 To the Developer: Lake Minnetonka lIanes, Inc. 21350 Excelsior Boulevard Excelsior, Minnesota 55331 25. PIO)F OF TITLE. The Developer shall furnish the City with evidence satisfactory to the City that he holds an interst in title to the Subject Property in fee simple. 26. DISCIAIMER BY CIlY. It is understood and agreed that the Ci ty, the Ci ty Counci 1, and the agents and enployees of the Ci ty shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, finn or corporationwharnsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execut ion of thi s Agreement or the performance and coopletion of the work and irnprovements hereunder; and that the Developer will save the City, the City Council, and the agents and enployees of the City hannless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. -6- . . 27 . DECIARATIrn OF a1VENANl'S, aN>ITIrnS AND RES'llUCfIrnS. Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, the Articles of IncorPOration and By-laws of the Haneowners Associat ion, if any, for review and approval by the Ci ty prior to recording the plat. 28. IXJRATIrn OF AGREEMENr. This Agreement shall remain in effect unti 1 such time as the Developer shall have fully perfonned all of his duties and obligations under this Agreement. 29. RElVEDIES lJKN DEFAULT. a. Assessments. In the event the Developer shall default in the perfomlBllce of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the inprovements described in Paragraph 2 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and adninistrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire aroount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a speci fic 1 ien on all of Developer's real property wi thin the Subj ect Property for any aroount so unpaid, and the Ci ty shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as detennined by the Ci ty Engineer, the not ice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the Ci ty for any expense incurred by the Ci ty in remedying the condi tions creating the emergency. b. Perfonnance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the city for: (1) the cost of cmpleting the construction of the inprovements described in Paragraph 1 above. (2) the cost of curing any other default by the Developer in the perfomlBllce of any of the covenants and agreements contained herein. (3) the cost of reasonable engineering, legal and -7- . . adninistrative expense incurred by the City in enforcing and adninistering this Agreement. c. Le~al Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 30. HEADI~. Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 31. SEVERABILI'lY. In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of coopetent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 32. EXEaJI'ICN OF CllJNI'ERPARI'S. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall const i tute but one and the same instrunent. 33. aNS'IRUCl'ICN. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 34. ~SSCES.AND ASSICNS. It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WI'INESS WHERlDF, the parties hereto have caused these presents to be executed on the day and year first above wri tten. LAKE MINNE'RN<A HlVJES, INC. CI'lY OF SIDmVOD By: Robert Rascop Its: President It s: Mayor ATI'EST : Sandra L. Kennelly Ci ty Clerk -8- . . STATE OF MINNEsorA ) ) ss <IXNIY OF HENNEPIN) On this day of , 1987, before me, a Notary Public within and for said County, personally appeared Robert Rascop and Sandra L. Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Clerk of the rmmicipal corporation named in the foregoing instrunent, and that said instrunent was signed and sealed in behalf of said corporation by authority of its City Council, and said Robert Rascop and Sandra L. Kennelly acknowledged said instrunent to be the free act and deed of said corporation. Notary Pub I ic STATE OF MINNEsorA ) ) ss <IXNIY OF HENNEPIN ) On this day of , 1987, before me, within and for said County, personally appeared Richard Conry, on behal f of Lake Minnetonka Hanes, Inc., who is its President described in and who executed the foregoing instnment and acknowledged that he executed the same as his free act and deed. Notary Pub I ic -9- . . LEGAL DESaUPl'ICN OF SUBJECl' ProPEInY a.m:.o:r A, HARDING ACRES, according to the recorded plat thereof. EXHIBIT A -10- " . HARDING . ACRES Rood MANITOU "\~ . ~ ~\U VV ~\ ,~ r'V II.! :::. - It Q (.;: C/j lw ~O:: fl. l.. .S. ~ No. 119 '!! .. . !:r ~ ; . . ..~ j"" :. t~ ..! ! ..,. Exhibit B FINAL PLAT Total Equalization due $ 7,892.50 . . SEWER EQUALIZATION CHARGE HARDING ACRES 2ND ADDITION Original Assessment 1B $ 1,800.00 12 lot division -1 unit credit 11 lots 11 lots x $ 350.00 = interest 7% x 15 years on $ 3,850.00 = $ 3,850.00 4,042.50 EXHIBIT C -12- ~ . . SHOREWOOD MEMO: DATE: 7 July 1988 TO: Mayor and City Council FROM: Brad Nielsen Attached please find an illustration of a subdivision Plat Sign for Harding Acres 2nd Addition for which the developer desires a permit. , ~ V) -t- o -..J nl """'- -i 01 ct \.L ,.,;> . . ~~----- ----~::---;::: --- .- -----l.'''.,M .OiH~.~ ,.1 .. ... 0---- ,.. ~ "tj- Z ~~ 0) Cl:llt) 0 '? <1llt) (J) ~ ~~ Z ";:t ~ Cl.l ct:l J: t::_ - t:: <1l 0 ':e. .- '" ~:s. ?J: ., ~ r I- C\') 1= co - ,~ Z <t - a: C <t .- . . RESOLUrIGl tv. RESOLUrIGl APP1VVIOO AN .AMENIlVIENl' '10 mE RESIDENl'IAL SUBDIVISIGl DEVEIDR\ENI' AGREEMENl' GALPIN LAKE \\ODS wmREAS, the City Qnmcil of the City of Shorewood, by its . Resolution No. 36-88 on April 18, 1988, approved the Final Plat of Galpin Lake Woods and authori zed the Mayor and Ci ty Clerk to execute a Developnent Agreement on behal f of the Ci ty; and wmREAS, such Developnent Agreement was duly executed by the Developer and the City on June 20, 1988; and \'JHEREAS, the parties now wish to amend such Developnent Agreement to provide for the construction and installation by the Developer of a lIID1icipal watemlllin to connect the Galpin -Lake Woods developnent to the Woodhaven Well nnmicipal water system. KJV, nmRERIm, BE IT RESOLVE:> by the City O>uncil of the City of Shorewood as follows: 1. 'lhat the .Amendnent attached hereto amending the Residential Subdivision Developnent Agreement, Galpin Lake Woods, dated June 20,1988, is hereby approved. 2. 'lhat the Mayor and City Clerk are hereby authorized to execute said hnendnent on behal f of the Ci ty O>unci 1. 3. 'lhat this Resolution, together with the .Amendnent attached hereto, shall be filed and recorded within thirty (30) days of Developer's receipt of this Resolution. AOOPIED BY mE CI'IY cx:.ucIL of the Ci ty of Shorewood this , 1988. day of Robert Rascop, Mayor ATl'EST: Sandra L. Kennelly, City Clerk . . AI.\UOtENr 'ID SIIl'ffiVllD RESIDENTIAL stmIVISICN DEVEIDRVENI' AGmEWNI' GALPIN LAKE \\ODS nlls AGmEWNI', made this day of , 1988, by and between the CI'lY OF SIIl'ffiVllD, a Minnesota nunicipal corporation, hereinafter referred to as the "City", and SCHENEW..L, LID., a Minnesota Corporation, hereinafter referred to as the ''Developer''. WHEREAS, the Developer has an interest in certain land in the City of Shorewood, COlmty of Hennepin, State of Minnesota, legally described as: Lots 1 through 12, Block 1, Galpin Lake Woods and WHEREAS, an Agreement was made on the 20th day of JlDle, 1988, by and between the City and the Developer for the residential developnent of such land, hereinafter referred to as "said Agreement"; and WHEREAS, said Agreement provided for the Developer to construct and install certain inprovements within and outside the plat; and WHEREAS, the City and the Developer now desire to IOOdify and anend said Agreement to provide for the construction and installation by the Developer of a nunicipal watennain to connect the Galpin Lake Woods developnent to the Woodhaven Well municipal water system. NlV, 'lHEREREE, in consideration of the nutual covenants and guarantees contained herein, the City and the Developer agree as follows: 1. Paragraph 1 of said Agreement is hereby amended to read as follows: . "1. Il\IlPKJVm1ENIS INSTALLED BY DEVEIDPEll.~~IN~~ PLAT. Deve loper agrees at its expense to construct, inst~ perform all work and furnish all materials and equipnent in connection with the installation of the following inprovements: Street grading, stabi I izing and bi tuninous surfacing; Integral shoe foII'-d bllm~ ,curbs and gutters; Sanitary sewer mains; ..~ Storm sewer and surface water drainage facilities; e. Watennains wi thin the plat; f. Watennains extending the Woodhaven Well municipal water system to the Galpin Lake Woods Developnent; Street name signs and traffic control signs. Required landscaping. a. b. c. d. g. h. . . "It is understood that underground utility lines, including gas, electric, and telephone, shall be installed by the respective private utility cmpanies pursuant to separate agreenents with the Developer. 2. IMI?RJVF1VIFNl'S INSTALLED BY DEVEIDPER aJI'S IDE 'lHE PLAT. a. Extension of Bracketts Road. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipnent necessary to extend Bracketts Road in a westerly direct ion fran its present point of termination to the boundaries of the plat. It is understood that such extension shall be constructed entirely within the City right-of-way, and that the Developer wi 11 obtain at its own expense all tenporary or pennanent easenents required franadjoining property owners necessary to cmplete such extension. b. Extension of Mmicipal Watermain. Developer agrees at its expense to construct, install, and perform all work and furnish all materials and equipnent necessary to extend the watermain fran the Woodhaven Well nnmicipal water system to the Galpin Lake Woods Developnent. Property owners wi thin the plat of Galpin Lake Woods wi 11 not be assessed for said watermain and wi 11 not pay the $4,000.00 per lot hook-up charge to the Ci ty for connection to the lIIlIlicipal water system. A property owner outside of the plat of Galpin Lake Woods may make a direct hook-up to the watermain installed by Developer outside of said plat upon payment to the Ci ty of the hook-up charge prescribed by Shorewood City Code. Upon collection of said charge, the City shall thereupon remit the sun of $1,000.00 to the Developer so as to allow the Developer to recover a portion of his cost in constructing the watermain outside of the plat. The right of the Developer to receive said remittances and the obligation of the City to remit same shall be limited to direct connections to the watermain by property owners adj acent to the watermain and shall cease upon either of the following events, whichever first occurs: . . follows: 2. Paragraph 6 of said Agreement is hereby amended to read as "6. SANITARY SF.WER, S'ICBVI SF.WER FACILITIES, S'IRFXrS, WATERVIAINS a. Plans and Speci fications. The Developer agrees to cause its engineers to prepare all plans and speci ficat ions necessary for the installat ion of sani tary sewer, storm sewer and surface water drainage facilities in said plat, and streets, curb and gutter and watermains within and outside of the plat, said plans and specifications to be subject to the final approval of the City Engineer. b. As-Built Plan. Within sixty (60) days after the cmpletion of construction, Developer shall cause its engineer to prepare and file . wi th the City a full set of "as-bui It" plans, including a mylar original and two (2) black line prints, showing the installation of the foregoing facilities within and outside of the plat. c. Easanents. Developer, at its expense, shall acquire all easanents fran abutting property owners necessary to the installation of the sanitary sewer, storm sewer, surface water drainage facilities and watermains within and outside of the plat, and thereafter prmptly assign said easements to the City. d. Pre-existing Drain Tile. All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. " IN WItNESS \\HEREDF, the parties hereto have caused these presents to be executed on the day and year first above wri tten. SCHENHALL, LID. CI1Y OF SIIm.V.aD Jeffrey Schoenwetter, President By: Robert Rascop, Mayor .A'ITEST : Sandra L. Kennelly, City Clerk . STATE OF MINNEsarA ) ) ss CXXNIY OF HENNEPIN ) 01 this day of , 1988, before me, a Notary Public wi thin and for said ChWlty, personally appeared Robert Rascop and Sandra L. Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Clerk of the IImlicipal corporat ion named in the foregoing instrtment, and that said instrtment was signed and sealed in behalf of said corporation by authority of its City ChWlCil, and said Robert Rascop and Sandra L. Kennelly acknowledged said instrtment to be the free act and deed of said corporation. Notary Pub I ic STATE OF MINNEsarA ) ) ss CXXNIY OF HENNEPIN ) 01 this day of , 1988, before me, within and for said ChWlty, personally appeared Jeffrey Schoenwetter, on behalf of Schoenhall, Ltd., who is its President, described in and who executed the foregoing instrunent and acknowledged that he executed the same as his free act and deed. Notary Public . . MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474.3236 MEMO TO: Mayor and Councilmembers Dan Vogt J>qf June 30, 1988 FROM: DATE: SUBJECT: 1989 Budget Preparation It is time to begin the process for preparing the 1989 budget. ~ach year at this time I discuss this item with you so that staff may get direction to prepare said document. While the total impact of the Property Tax Law for property owners remains somewhat unclear, the process for Cities to follow in budget adoption is pretty much the same as previous years. The "Truth in Taxation" provision which makes major changes to the adoption process does not take effect un- til the 1990 budget process. Also, the levy limit is set at 4% over the 1988 levy. Your input is needed at this time to tell us your budget priorities for 1989 for such items as: -Capital expenditures for equipment, streets, storm sewers, etc. -Levy amount -% increase/decrease in expenditures -General projects affecting the budget you would like to see completed or prioritized Work has begun to update the 1989 budget sheets for submittal to department heads. As soon as the six month financial statement is completed its information will be fed into the computer, reprinted and forwarded to depart- ments for completion. Departmental review will occur in August with Council review to take place in September. This time schedule has worked well for us in the past. Final adoption and certification is due to Hennepin County by October 10. Since Councilmember Gagne will be out of town and unable to attend the July 11 meeting, I will make contact upon his return and discuss this matter with him at that time. Please contact me prior to Monday night if you have any questions relative to this matter. cc: Financial Advisory Board A Residential Community on Lake Minnetonka's South Shore /s-- tJ.J BID TABULATION FOR Sealcoating, Overlay & BIDS OPENED: July 11, 1988 APpur~finant W8rk ORR-SCHELEN-MAYERON orewoo 11:30 A.M. & ASSOCIATES, INC. CONTRACTOR BID BOND 5% TOTAL BID H.L. Johnson Co. United X $123,000.50 Bury & Carlson, Inc. Reliance X $123,254.90 I Alber Construction United X $132,995.00 I I I I I I Engineer's Estimate $166,225.00 I 1 2 3 o I I hereby certify that this is a true and correct tabulation of the bids as received on: 7/11/88 By: cr- p Il~~ OSM' COMM. NO. 4160 *Denotes Corrected Figure 3 . ... .... / i. },;. ""..,(,',>1,'.. TABULATION "(' i .';'11' FOR Sealcoating, Overlay & BIOS OPENED: July 11, 1988 Appur;finant Wsrk ORR-SCHELEN-MAYERON orewoo 11:30 A.M. & ASSOCIATES. INC. CONTRACTOR BID BOND 5'70 TOTAL BID H.L. Johnson Co. United X $123,000.50 Bury & Carlson, Inc. Reliance X $123,254.90 I Alber Construction United X $132,995.00 I I I I Engineer's Estimate $166,225.00 . I o , I hereby certify that correct tabulation of on: 7/11/88 J--'-. R J!~~ I this is a true and the bids as received 1 2 By: *Oenotes Corrected Figure OSM COMM. NO. 4160 BID TABULATION FOR Watermain, Parking Lot Surfacing, Sa 11 Field Surfacing & Appurtenant Work for Freeman Park Proj. #88-2 BIDS OPENED: July 11, 1988 11:00 A.M. SHOREWOOD ORR-SCHELEN-MAYERON & ASSOCIATES, INC. CONTRACTOR BID BOND 5% TOTAL BID T & S Excavating Trans. Amer. X $75,777.70 o & P Contracting CapitC' 1 X $86,804.60 * I Sullivan Services, Inc. United X $107,350.90 I Northdale Construction Co. Trans. Amer. X $130,721.25 I I I I I I I 1 2 3 4 I I I hereby certify that this is a true and correct tabulation of the bids as received ::: .J:: f 7J~ OSM COMM. NO.1744.75 & 1744.88 u *Denotes Corrected Figure SHOREWOOD CITY COUNCIL: July 11, 1988 This is an update on what transpired after the last city council meeting at which the matter of the beaver problem on Lake Virginia was discussed and I was instructed by the council to find a solution to that problem. Within a week following the city council meeting, I met with Jane Cline, Tom & Debbie Moll, Jack & Linda Zastrow, and the naturalist who had attended the city meeting on behalf of the beaver. There were some moments of heated discussion but on the whole it appeared that everyone involved was interested in finding an immediate solution. It was finally agreed upon that a number of avenues would be explored. Jane Cline and the naturalist would explore the possibility of live trapping and attempt to find the formula for a spray that could be applied to the trees so as to make them unpalitable to the beavers. Tom Moll, Jack Zastrow, Bob Bolton, and myself were to get together and clear the feeding pile out of the channel, thus make the channel navigable to the local boat traffic. We had agreed that this would be done on the following Saturday morning and that Tom would call us when we were to meet. As of today, the only thing that I know that has been accomplished is that Jane Cline has been in contact with me reporting on her study and the fact that she has attempted to arrange another meeting. I was never contacted by Tom Moll concerning clearing the channel and in the meantime, I have moved to Lakeville, Mn. I know I am somewhat cynical about this whole thing but I feel that the reason this entire thinggot out of hand is the fact that I caught my ex-neighbors shooting the beavers and they had to justify their behavior. No real attmept has ever been made, either before or after that episode, to find a permanent solution to the problem. I would be more than happy to continue working on this problem but I feel that my effectiveness has been lost since I do not live in that neighborhood any longer and my involvement would almost certainly be viewed as simply an irritant to those involved. Gary Hertzb 11675 195th st. W. Lakeville, Mn 55044 M E M 0 RAN 0 U M DATE: July 11, 1988 TO: SHOREWOOD CITY COUNCIL FROM: Cyril A. Kerber Dear Members of the Shorewood City Council: I am asking with this note that you forgive a portion of the fees involved in my reapplication for subdivision of my property. I understand that you have incurred additional out-of-pocket expenses in regard to this hearing which I would not ask that you waive. The reason that this matter was not resolved the first time was that I could not get a consent from my mortgagee for the required easements. We are still working on thiS and we still do not have the consent. It is conceivable I may have to pay the mortgage off to get the required easements, all of which will be an additional considerable expense to me. I do not feel that it was the fault of anyone that this matter was not concluded the first time but simply a matter of time passing and not getting certain required consents from the bank. As I have indicated, these consents are still not forthcoming. I will either secure them or payoff the mortgage within the time allowed. I would appreciate your consideration in this regard. 1201.03 1201.03 (d) Political campaign signs. Shall not exceed six (6) square feet in all Residential Districts, or twelve (12) square feet in all other zoning districts. Every campaign sign must contain the name and address of persons responsible for such sign, and that person shall be responsible for its removal. Signs shall be permitted on each lot for a period of sixty (60) days prior to and ten (10) days after an election. The City shall have the right to remove and destroy unsightly signs or remove signs after the ten (10) day limit and assess a fee of one dollar ($1.00) per sign. (e) Holiday signs. Displayed for a period not to exceed thirty (30) days and no larger than thirty two (32) square feet in area. (f) Construction signs. Such signs shall be confined to the site of the construction, alteration or repair, and shall be removed within two (2) years of the date of issuance of the first building permit or when the particular project is completed, whichever is sooner as determined by the City Building Official or his agent. One sign shall be permitted for each major street the project abuts. No sign may exceed fifty (50) square feet. (g) Real estate sale or rental signs. Signs must be removed within fourteen (14) days after sale or rental of property. Signs. may not measure more than six (6) square feet in Residential Districts, nor more than twenty (20) square feet in all other districts. There shall be only one sign per premises. Corner properties, however, may contain two (2) signs, one per frontage. Lakeshore lots may con- tain two (2) signs, one in the front and one facing the lake. (h) Informational/directional signs. Shall not be larger than three (3) square feet and shall conform to the location provisions of the specific district. (i) Owner-occupant signs. One residential name sign, not to ex- ceed two (2) square feet in area, identifying only the name of the owner or occupant of a residential building. (2) Prohibited Signs: The following signs are specifically prohibited by this Ordinance: (a) Any sign which obstructs the vision of drivers or pedestrians, or detracts from the visibility of any official traffic-control device. (b) Any sign which contains or imitates an official traffic sign or signal, except for private, on-premise directional signs. (c) Any sign which moves, rotates, has any moving parts or gives the illusion of motion. Exempted are time and temperature infor- mation and barber poles. Moving message type signs may be per- mitted as an exception when their messages consist primarily of news, public announcements, etc. of a nonadvertising nature. , , , i ,... Il l- I' tV 1102.01 Subd. 3. Permit and encourage land uses compatible with the preservation of the natural vegetation and marshes which are a principal factor in the maintenance of constant rates of water flow through the year and which sustain many species of wildlife and plant growth. Subd. 4. Avoid fast runoff of surface waters from developed areas to prevent pollution materials such as animal feces, motor oils, paper, sand, salt and other debris, garbage and foreign materials from being carried directly into the nearest natural stream, lake or other public waters. Subd. 5. Prevent the development of structures in areas which will adversely af- fect the public passage and use of creeks, marshes, lowlands and water- courses within the City. 1102.02: DEFINITIONS: For the purpose of this Chapter, the terms defined in this Section shall have the following meanings: Subd. 1. ARTIFICIAL OBSTRUCTION: Any dam, wall,wharf, embankment, levee, dike, pile, abutment, projection, excavation, bridge, conduit, pole, culvert, building, wire fences, fill, other structure or matter in, along, across or projecting into the protected wetland conservation area. Subd. 2. NATURAL OBSTRUCTION: Any rock, tree, gravel or analogous natural matter that is an obstruction and has been located within the wetland conservation area by a nonhuman cause. 1102.03: WETLAND CONSERVATION AREA AND MAP: The wetland conservation area within the City, hereafter referred to as the protected area, is defined and established to be the shoreline of Lake Minnetonka, Galpin Lake, Christmas Lake, Lake Mary, Silver Lake, Lake Virginia and the low areas adjoining any watercourse and drainageway or body of water subject to meandering, flowing or overflow, including areas of marsh, wooded marsh, submerged marsh and inundation area as shown upon the wetlands map. Said map is hereby made a part of this Chapter and two (2) copies thereof shall re- main on file in the office of the City Clerk for public inspection. 1102.04: CONDITIONS OF DEVELOPMENT, RESTRICTIONS: No fill- ing, grading, dredging, excavation or construction shall be allowed within the wetland conservation area if such activity is incompatible with the policies expressed in this Chapter and the preservation of those wetlands in their natural state, nor shall the shoreline of Lake Minnetonka, Galpin Lake, Christmas Lake, Lake Mary, Silver Lake and Lake Virginia be changed in any way by fill or excavation without an earth change plan being filed by the applicant to so do and a permit issued hereunder by the City Council for such change. 1102.05: EARTH CHANGE PLAN: Landowners or developers desiring to develop land or construct any dwelling or any other artificial 1102.05 1102.08 obstruction on land located within the wetland conservation area or change the shoreline of Lake Minnetonka, Galpin Lake, Christmas Lake, Lake Mary, Silver Lake and Lake Virginia within the City shall first submit a plan of development, hereinafter referred to as "an earth change plan", to the City Council which shall set forth proposed provisions for sediment control, water management, maintenance of landscaped features and any additional matters intended to im- prove or maintain the quality of the environment. Such a plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural condition of the earth, including loss or change of earth ground cover, destruction of trees, grade changes and its ef- fect, if any, upon lakes, streams, watercourses and marshes, lowlands and wetlands in the area. The plan shall minimize tree removal, ground cover change, loss of natural vegetation and grade changes as much as possible, and shall af- firmatively provide for the relocation or replanting of as many trees as possible which are proposed to be removed. The purpose of the earth change plan shall be to eliminate as much as possible potential pollution, erosion and siltation. 1102.06: SUBDIVISION STANDARDS: No part of any land within the wetland conservation area shall be platted for residential use or any other use which will increase the danger to health, life, property or the public welfare. Whenever a portion of the conservation area is located within the area to be subdivided, an adequate easement in favor of the City over the lowlands shall be required for the purpose of improving and protecting the area from drainage and other purposes expressed in this Chapter . Streets, driveways and culverts shall not be constructed or designed so as to restrict the flow of water and the same shall be approved by the City Council. 1102.07: LAND AREA WITHIN EASEMENTS: Land area, if within the wetland conservation area designated as an easement, shall not be credited as part of the area complying with the land use density or building unit to land area ratio, or other similar requirements of the Zoning Ordinance. The exempt land area which is not to be developed and which is designated as an easement shall not be subject to special assessment to defray cost of Municipal improvement projects including and not limited to water, sanitary and storm sewer improvements. 1102.08: ARTIFICIAL OBSTRUCTIONS: If an artificial obstruction is found within the wetland conservation area, an order shall be issued to the owner of the parcel, following ten (10) days' written notice and hearing thereon, for removal within a reasonable time as may be prescribed by the condition and type of artificial obstruction. If the owner shall fail to remove the artificial obstruction, or if the owner cannot be found or determined, the City shall have the power to make or cause such removal to be made, the cost of which shall be borne by the owner or specially assessed against the lands in the same manner as prescribed by law for the levy of special assessments for Municipal improvements, notwithstanding Section 1102.07 herein. The special assessment shall be certified to the County Auditor for collection in the same manner as the ad valorem real property taxes of the City. .