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091288 CC Reg AgP , t CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 12, 1988 .. COUNCIL CHAMBERS 5755 COUNTRY CLUB 7:30 P.M. .. ROAD AGENDA CALL TO ORDER A. Pledge of Allegiance B. Roll Call Mayor Rascop Haugen Stover Gagne Brancel / /' ~ 1. APPROVAL OF MINUTES A. Regular Council Meeting - August 22, 1988 (Att.No.lA-Minutes) B. Joint Meeting - Glen RoadjCountyRoad19 Drainage. (Att.No.lB-Minutes) 2. MATTERS FROM THE FLOOR A. B. 3. COMMISSION REPORTS A. Planning Commission Reports r0 0\ B. Park Commission Report / 4. CONSENT AGENDA '~ A. Fire Contract - City of Mound " r;!J' \\:' ',\L. I' ,/ (Att.No.4A-New Agreement) B. S.E. Area Water Tower - Payment Voucher #6 (Att.No.4B-Payment Voucher) ;J . C. Lake Minnetonka Cable Communications COlnmission 1989 r~ Budget Approval - Resolution ~ (Att.No.4C-Memo and BUdget)~ ,~ D. Request for Street Lights - McKinley Place - 4th and 5th Addition (Att.No.4D-Memo~Request"and Location) -1- r COUNCIL AGPDA . MONDAY, SEPTEMBER 12, 1988 PAGE 2 I 4 ". CONSENT AGENDA - Continued E. Request to Purchase Equipment - Public Works - Lawn Mower and Sickle Mower (Att.No.4E-Staff Memo) F. Freeman Park Watermain - Project 88-2 Voucher No. 1 (Att.No.4F-Payment Voucher) Applicant: Location: Mike Newberg 26265/26175 Birch Bluff Road (Att.No.5-Staff Report) Project 88-1 Payment Voucher No. 1 (Att.No.4G-Payment vouche~ 0\)~ '\'\) ~ t \Lev G. Sealcoating and Overlay - Moved Seconded Vote 5. SIMPLE SUBDIVISION/COMBINATION ( 6. NEAR MOUNTAINP.U.D. - DEVELOPMENT AGREEMENT AMENDMENT Applicant: Lundgren Bros Construction Location: Near Mountain P.U.D. ~. .J \, \\J ~~ (Att.No.6-Staff Report) 7. COVINGTON VINE RIDGE P.U.~.- DEVELOPMENT AGREEMENT AMENDMENT ~ ( Applicant: Mark Roholt n ~J~~? Location: Covington Vine Ridge P.U.D. ~~ ~ (Att.No.7-Staff Report) 8. C.U.P. DRIVE-UP FACILITY AND CONVENIENCE FOOD/PRELIMINARY PLAT (Att.No.8-Staff Report) j \'":\0 \~ Applicant: Marcus Development Corp Location: 24365 Smithtown Road 9. PRELIMINARY PLAT - TRACEY ADDITION . (Att.No.9-Staff \ ")/ ~ \}' ~ Report r Applicant: Ron Tracey (Jim Bruce) Location: 5610 Covington Road 10. REQUEST FOR USE OF RIGHT-OF-WAY PERMIT Applicants: Olmsted, Johnson and Roberts Location: 25335 Smithtown Road (Att.No.lO-Memo and Applicants) -2- . , COUNCIL AGENDA MONDAY, SEPTEMBER 12, 1988 PAGE 3 -I 11. GRADING PERMIT - SWEETWATER AT NEAR MOUNTAIN 3rd ADDITION Applicant: Lundgren Bros Construction Location: Sweetwater at Near Mountain 3rd Addition (Att.No.ll-Letter of Request) 12. GLEN ROAD/COUNTY ROAD 19 DRAINAGE PROJECT DISCUSSION 13. SHADY ISLAND BRIDGE DISCUSSION (Att.No.13-Residents Letter) , 14. STAFF REPORTS A. Attorneys Report 1. Wedgewood Drive Easement Discussion B. 2. Status Report - Bayswater Road 3. Status Report - Claim Against Bond -..Thoen Plumbin~ ~ Engineers Report \"'~~ ~'\l C?j ~" 1. Acceptance of Bids - Badger Park/City Building Watermain~ Project - 88-3 C. ,1/ Planners Report 1. D. Administrative Report 1. Request to Change Budget Meeting - to September 20, 1988 2. Street Sweeping Policy Discussion 3. Finance Director Search Status ~4. Pressure Reduction Valves Discussion 5. Set Executive Session to Consider Union Negotiation Strategies 15. COUNCIL REPORTS A. Mayors Reports 1. 2. -3- _-:I ~~~~ ~~=~~_: >. MONDAY, AUGUST 22, 1988 ':::.:<\;';";0 Cri;;;~ERS 5755 CO~TRY 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 P.M., Monday, August 22, 1988, in the Council Chambers by Acting Mayor Brancel. PLEDGE OF ALLEGIANCE Acting Mayor B:~ancel opened the Regular Council meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Acting Mayor Brancel, Councilmembers Haugen, Stover, ~nd Gagne. Absent Mayor Rascop. Staff: Attorney Froberg, Engineer Osmunson, Administrator Vogt, Clerk Kennelly. Absent Planner Nielsen. APPROVAL OF MIL UTES Haugen moved, $tover seconded, to approve the minutes of August 8, 1988, as amended, corrections on pages 2, 5 and 7. Motion carried _ 4 ayes. PARK COMMISSIOl Brancel reported on the Park Commissions approval of the contract Aire Visser for the operation of the BMX track at Freeman Park. The Commission has asked for a list of the names and addresses of the riders to determine where the riders live. Haugen asked who would be the actual track operator. Mr. Fisher stated that the insurance~nd contract have been changed over to Mr. Visser. Mr. Visser has^~ prior experience in operat- ing a track and has a son who has raced for four years. Mr. Fisher stated that he would be teaching and supervising the operation of the track. Froberg felt there was no legal reason not to enter into an agreement with Mr. Visser. Haugen moved to have the City enter into a contract with Aire Visser as recommended by the Park Commission. Motion died for lack of a second. Brancel moved, seconded by Gagne to close the BMX track. Motion carried - 4 ayes. -1- I f lit I MINUTES - MONDAY,~UST 22, 1988 PAGE 2 . PARK COMMISSION - Continued Haugen recommended that the Park Commission review this issue and make a recommendation for the BMX track after the 1988 season. CONSENT AGENDA Appointment of Primary Election Judges Clerk Kennelly submitted a list of Election judges for acceptance to work in the 1988 Elections to be held on September 13 and November 8, 1988. 1989 Contract for Assessment Council accepted the 1989 renewal contract for Rolf Erickson for Assessment of Properties. S.E. Area Water Tower - Change Order No. 1 Engineer Norton recommended acceptance of Change Order No. 1 that will omit the obstruction beacon from the Water Tower at $1600.00 deduction to CBI Na-Con Inc. Brentridqe - Letter of Credit Reduction Resolution No. 86-88 The Council accepted a reduction in a Letter of Credit for the Brentridge subdivision. A lien waiver was received from Richard Knutson, Inc. substantiating a reduction of the Letter of Credit to $55,917.90. Haugen moved, seconded by Stover to approve the items listed on the consent agenda as requested. Motion carried - 4 ayes by Roll Call Vote. C.D.P. for Garage in Excess of 1000 Square Resolution No. 87-88 Feet Variance for Accessory Space to Exceed Footprint of Principal Structure - 25405 Smithtown Road Mr. Tom Swanson was present to make his request for a C.D.P. and a variance to build additional garage space. Stover listed various reasons why she felt the C.D.P. and variance could be granted. The large lot, the removal of one building, considering total square footage of principal structure and the condition that the lot not be divided unless compliance with the Ordinance can be met. Stover moved, seconded by Gagne to grant the C.D.P. and variance limiting the accessory space to 1557 square feet, stating lot configuration a hardship and stating that it is a reasonable and compatible use of the property. Motion carried - 4 ayes by Roll Call Vote. -2- ~ , 1 MINUTES - MONDAY,tlbGUST 22, 1988 PAGE 3 . CONSENT AGENDA - Continued Budqet Amendment - Payment of Watermain Oversizing - Brentridge Resolution No. 88-88 Dave Johnson of Brentridge Development has requested payment for the oversizing of watermains to provide future extensions. The Engineers cost estimates $23,685.00 as the oversizing costs. Staff estimated that the staff expenses of $151.72 should be subtracted from the total cost. Council felt that this cost would have been the same if the water line had only been six inches. Haugen moved, seconded by Stover to authorize the reimbursement of $23,685.00 to Brentridge Development, fund to be paid out of the water fund. Motion carried - 4 ayes by Roll Call Vote. STAFF REPORTS Attorneys Report Executive Session Froberg requested an executive session to be held at the end of this meeti~g to discuss litigation. Marcus Dev\~lopment - Restated Developmen': Agreement Resolution No. 89-88 Attorney F:~oberg reviewed changes to the development agreement. These chan~!es included changing the owners names, include a plat and includ~ng changes in the section on Municipal water service. Council as~ed if they should be approving the preliminary plat prior to this development agreement because the site plan is attached to this agreement. Froberg stated that there is a boundary line discription that would be clarified with the primary plat. The site plan has been approved and a building permit needs to be issued. Haugen moved, seconded by Gagne to approve the restated development agreement. Motion carried - 4 ayes by Roll Call Vote. Wedgewood Drive Easements Five easements are needed along Wedgewood to allow for improving the site lines. One owner has agreed to the easement, one is possible and another asked for survey and after receiving it, has disagreed to the easement. The remaining two will not consider the easements until the City reconsiders a case involving one of the owners. Council tabled further action for a complete Council. -3- . ~ MINUTES - MONDAY,~GUST 22, 1988 PAGE 4 . STAFF REPORTS - Continued Engineers Report Water Tower Color Change The Change Order in the amount of $4,730. will be submitted at future meeting for appxoval. City Build:.ng/Badger Field Watermain Plans and t:pecifications Resolution No. 90-88 Engineer OLmunson requested approval of plans and specifications and author:.ze advertisements for bids to be opened on September 9, 1988. Gagne movet., seconded by Haugen to approve the request. Motion carried - ~. ayes by Roll Call Vote. Shady Islal.d Bridge Status Report Engineer Ofmunson submitted a letter listing possible alternative solutions t.o repair the Shady Island Bridge. Bob Pobel a struc- ture engim.er was also present to discuss the various plans and there 10ng(.'iTi ty. Haugen mov(.d, seconded by Gagne to obtain cost and time tables for filling, Uf~ of con-span and culvert installation. Motion carried 4 ayes. Administrative Reports Authorize ~~arch Firm for Financial Posi tion - Resolution No. 91-88 Mr. Jim Brimeyer, of Sathe and Assoc introduced himself and his company to the Council. He reviewed the procedures he would follow to obtain candidates for the financial position. The cost of this service has been established between $5,000. to $6,000. with a time frame of 60-90 days to determine final choices. Stover moved, seconded by Gagne to hire the firm of Sathe & Assoc. to recommend candidates for the financial position. Motion carried 4 ayes. BUdget Meeting Gagne moved, seconded by Haugen to set September 19, 1988, 7:30 P.M. for a special budget meeting. Motion carried - 4 ayes. Reqular October Council Meetinqs The first meeting in October will be held on Tuesday, October 11, 1988 due to October 10th being Columbus Day, so moved by Haugen, seconded by Stover. Motion carried - 4 ayes. -4- . .. . MINUTES - MONDAY, AUGUST 22, 1988 PAGE 5 . STAFF REPORTS Administrative Reports- . Continued Street Sweepinq Discussion Administrator Vogt has been asked to have new subdivisions streets swept prior to the parade of homes. He would like to see them scrape~and:.:.swe~p 'theirprojects and the City could sweep just prior to the parade. Council requested estimated cost of new project sweeping and cost for sweeping the entire City twice a year. Election Judqes Salary Kennelly requested an increase in election judges salary from minimum wage to $4.50 per hour for judges and $5.00 per hour for chairmembers. These coincide with other Cities rate. Haugen moved, seconded by Stover to grant the increase in hourly rate for election judges. Motion carried - 4 ayes. APPROVAL OF CLAIMS AND ADJOURNMENT .. Haugen moved, seconded by Gagne to adjourn the Regular Council meeting of Monday, August 22, 1988 at 9:07 P.M. subject to approval of claims for payment and to follow with an executive session to discuss liti- gation. Motion carried - 4 ayes. GENERAL AND LIQUOR FUNDS - Acct. No. 00-00166-02 Total General Liquor $ 157,879.15 $ 39,076.30 $ 9,138.53 $ 3,103.13 $ 167,017.68 $ 42,179'.43 Checks # 053586-053684 Payroll Checklist: Checks # 202348-202379 RESPECTFULLY SUBMITTED, Barbara Brancel, Acting Mayor Sandra L. Kennelly City Clerk -5- -. CHECK NO. 053586 053587 053588 053589 053590 053591 053592 053593 053594 053595 053596 053597 053598 053599 053600 053601 053602 053603 053604 053605 053606 053607 053608 053609 053610 053611 053612 053613 053614 053615 053616 053617 053618 053619 053620 053621 053622 053623 053624 053625 053626 053627 053628 (G&L) (G&L) (G&L) (G) (G&L) (G) (G&L) (G&L) (G) (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&L) (G) (G) (G) (G) (G) . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE AUGUST 16, 1988 TO WHOM PAID Minnesota Mutual Life Ins. Commercial Life Ins. Co. The Bank of Excelsior City County Credit Union Public Employees Retire ICMA Retirement Corp. Commissioner of Revenue Physicians Health Plan U.S. Postmaster Bellboy Corporation Johnson Bros. Liquor Co. MN Suburban Newspapers Minnesota Bar Supply Minnegasco Northern States Power Quality Wine & Spirits Waste Management-Savage Computer Cheque of MN Griggs, Cooper & Co. Minnesota Dept. of Health PURPOSE Accident & Sickness Insurance $ September Life Ins. for Employees Payroll 8/17/88-Fed & FICA Payroll 8/17/88-Credit Union Payroll 8/17/88-PERA Payroll 8/17/88-ICMA Payroll 8/17/88-State Withholding September Employees Health Insurance Postage for 3rd Quarter Newsletter Liquor Purchases Wine Purchases Advertising Misc. Purchases Utilities Utilities Wine Purchases Waste Removal Subscritpions/Annua1 Dues Liquor, Wine & Misc. Purchases Watermain Extension Permit-- Badger Project No. 88.3 Void U S West Communications Utilities A-1 Minnetonka Rental LP Fuel-Public Works Alternative" Staffing, Inc. Temporary Help-Finance American National Bank Agent Fees 9-1-1980 American Planning Assoc. Membership Dues Earl F. Andersen & Assoc. Signs-Public Works Associated ~spha1t, Inc. Redi-Mix Asphalt-Streets Browning-Ferris Industries Chemical Toilets-Parks Commers Soft Water Co. August Rent City of Minnetonka 2nd Quarter Water Purchase Rolf E. A. Erickson August Assessing Fees Ess Brothers & Sons, Inc. Manhole Casting-Public Works Hennepin County Treasurer Postal Verifications Mailed Metro West Inspection Serv.Ju1y Inspections & Plan Reviews International Conference Membership Dues of Building Officials KAR Products Matthias, Roebke & Ebert Metropolitan Waste Control H.C. Mayer & Sons, Inc. Midwest Asphalt Corp. Minnegasco Minnetonka Public Schools Parts-Public Works Computer Services for May 1988 Sewer Service Charges Fuel-Public Works Limestone & Tack Oil-Public Works Utilities Copy Paper - 1 - AMOUNT 104.40 21.60 3,969.48 112.00 1,226.92 275.00 745.68 2,763.99 242.22 2,695.44 747.16 83.50 573.51 25.00 473.04 442.97 30.00 55.00 5,219.66 150.00 36.67 50.00 594.00 53.00 119 . 00 212.92 3,948.34 300.00 22.50 15,688.00 1,992.63 108.00 9.90 5,519.00 70.00 86.47 77 3 . 00 24,659.55 796.49 340.25 29.29 85.40 \ CHECK NO. . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE AUGUST 16,1988 TO WHOM PAID PURPOSE AMOUNT 053629 (G) 053630 (G) 053631 (G) 053632 (G) 053633 (G) 053634 (G) 053635 (G) 053636 (G) 053637 (G) 053638 (G) 053639 (G) 053640 (G) 053641 (G) 053642 (G) 053643 (G) 053644 (G) 053645 (G) 053646 (G) 053647 (G) 053648 (L) 053649 (L) 053650 (L) 053651 (L) 053652 (L) 053653 (L) 053654 (L) 053655 (L) 053656 (L) 053657 (L) 053658 (L) 053659 (L) 053660 (G) 053661 (G) 053662 (G) 053663 (G) 053664 (G) 053665 (L) 053666 (G) 053667 (G) 053668 (G) Navarre Hardware Northern States Power Northern States Power Old Republic Life Ins. Northland Electric Supply Super Cycle, Inc. South Lake Mtka. Public Safety Stark Electronics Supply Visu-Sewer Clean & Seal Widmer, Inc. Waste Management-Savage ZEP Manufacturing Co. Ziegler, Inc. New World Systems Visu-Sewer Clean & Seal Business Records Corp. Shorewood Oaks Development Ess Brothers & Sons, Inc. Sathe & Associates, Inc. Bellboy Corporation Griggs, Cooper & Co. GTE Sun Community Directories Johnson Bros. Liquor Co. Minnesota Victoria Oil Co. Minnesota Bar Supply Harry Niemela Ed Phillips & Sons Co. Pogreba Distributing, Inc. Quality Wine & Spirits Ryan Properties, Inc. U S West Communications Prudential Minnegasco Northern States Power U S West Communications Sandra Kennelly Russell Marron City County Credit Union ICMA Retirement Corp. Child Support Enforcement Parts-Public Works $ Utilities-Streets Utilities-City Wide Premium-Daniel J. Vogt Timer-Amesbury Well Recycling Services for July 1988 September 1988 Budget Timer Relays-Amesbury Well July Sanitary Sewer Maintenance Parts-Public Works August Waste Removal Hand Cleaner-Public Works Parts-Public Works Support Services from 7/15/88- 7/14/89 Clean Lift Station #15 Election Equipment Watermain Oversizing-Brentridge Manhole Casting-Public Works Retainer Search Proposal-Finance Director Liquor Purchases Liquor & Wine Purchases Advertising Liquor & Wine Purchases Fuel Oil Misc. Purchases September Rent Liquor Purchases Beer & Misc. Purchases Wine Purchases September Rent Utilities & Advertising September Additional Life Insurance Utilities Utilities Utilities Mileage Mileage Payroll 8/31/88-Credit Union Payroll 8/31/88-ICMA Payroll 8/31/88-Child Support - 2 - 54.77 1,370.78 464 . 77 102.80 106.65 602.00 27,874.84 33.15 15,231. 85 190.00 81.00 24.00 18.82 1,027.00 522.50 13 , 77 3 . 00 23,685.00 324.00 1,000.00 4,384.98 3,888.98 433.08 1,535.95 132.30 342.43 970.00 482.64 2,768.25 749.46 1,922.58 145.15 5.20 14.18 7.44 533.91 26.62 6.60 112.00 275.00 145.00 '" . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE AUGUST 16, 1988 CHECK NO. TO WHOM PAID PURPOSE AMOUNT 053669 (G&L) Commissioner of Revenue Payroll 8/3l/88-State Withholding $ 731. 80 053670 (G&L) The Bank of Excelsior Payroll 8/3l/88-Fed & FICA 3,936.11 053671 (G&L) Public Employees Retire Payroll 8/3l/88-PERA 1,233.15 053672 (G) Anne Latter Mileage 10.12 053673 (G) Jean Sorensen Mileage 10.12 053674 (G) U S Postmaster Postage for Postage Machine 750.00 053675 (L) Frank's Trucking Liquor & Wine Purchases 11 7 . 00 053676 (L) G & K Services Laundry 40.00 053677 (L) Griggs, Cooper & Co. Liquor & Wine Purchases 4,681.79 053678 (L) Johnson Bros. Liquor Co. Wine Purchases 1,504.38 053679 (L) Minnesota Bar Supply Misc. Purchases 303.76 053680 (L) Northern States Power Utilities 537.49 053681 (L) Ed Phillips & Sons Co. Liquor & Wine Purchases 877 .55 053682 (L) Quality Wine & Spirits Wine Purchases 391. 74 053683 (G) Susan Niccum Mileage 10.78 053684 (G) Gary Petrich Refund of Escrow-Garage Demolished 1,000.00 Total Liquor Total General 39,076.30 157,879.15 TOTAL 196,955.45 - 3 - ). CHECK NO. PAYROLL 202348 202349 (G) 202350 (G) 202351 (G) 202352 (G) 202353 (G) 202354 (G) 202355 (G) 202356 (G) 202357 (G) 202358 (G) 202359 (G) 202360 (G) 202361 (G) 202362 (G) 202363 (G) 202364 (L) 202365 (L) 202366 (L) 202367 (L) 202368 (L) 202369 (L) 202370 (L) 202371 (L) 202372 (L) 202373 (L) 202374 (L) 202375 (L) 202376 (L) 202377 (L) 202378 (L) 202379 (L) . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE AUGUST 16, 1988 TO WHOM PAID PURPOSE AMOUNT Void Daniel J. Vogt Sandra L. Kennelly Susan A. Niccum Anne P. Latter Jean M. Sorensen Bradley J. Nielsen Patricia R. Helgesen Bradley J. Nielsen Charles S. Davis Dennis D. Johnson Daniel J. Randall Howard V. Stark Ralph A. Wehle Donald E. Zdrazil Joseph P. Lugoswki Russell R. Marron Christophe Schmid Donald Tharalson Ross Nasset John F. Thompson Michael J. Koebensky Brian D. Jakel John F. Josephson William F. Josephson Susan M. Latterner Dean H. Young Scott B. Bennyhoff Scott M. Bartlett David A. Peterson Daniel D. Haasken William F. Rhodes 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs Motor Vehicle 80 Reg Hrs 80 Reg Hrs 81 Reg Hrs 1 O.T. 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 44 Reg Hrs 13 Reg Hrs 21 Reg Hrs 16 Reg Hrs 31.50 Reg Hrs 39 Reg Hrs 16 Reg Hrs 80 Reg Hrs 36 Reg Hrs 80 Reg Hrs 30 Reg Hrs 32 Reg Hrs 13 Reg Hrs 8 Reg Hrs 26.50 Reg Hrs Total Liquor Total General TOTAL Total Liquor Total General TOTAL - 4 - $ 1,078.88 744.59 483.30 366.94 547.45 862.30 640.07 112 . 00 418.42 645.02 668.28 558.42 525.47 856.03 631. 36 522.05 172.76 68.90 94.22 78.80 147.54 169.82 76.30 569.92 154.37 524.15 148.73 149.54 59.16 39.42 127.45 3,103.13 9,138.53 12,241. 66 42,179.43 167,017.68 209,197.11 . . CITY OF SHOREWOOD SPECIAL COUNCIL MEETING TUESDAY, AUGUST 16, 1988 TONKA BAY COUNCIL CHAMBERS 4901 MANITOU ROAD 7:00 P.M. MINUTES CALL TO ORDER The Special Council meeting of the Shorewood and Tonka Bay City Councils was called to order at 7:02 P.M., Tuesday, August 16, 1988, in the Tonka Bay Council Chambers by Tonka Bay Mayor Ruth Sherman. ROLL CALL Shorewood: Councilmembers Haugen, Brancel and Gagne, Administrator Vogt, Engineer Norton and Attorney Froberg. Tonka Bay: Mayor Sherman, Councilmembers Keller and Ottum, Administrator McDonald, Engineer Adolph and Attorney Penberthy. GLEN ROAD/COUNTY ROAD 19 DRAINAGE The discussion began with introductions of the Councilmembers and staff of each City. Three members of the Minnehaha Creek Watershed District Board of Managers including Chairman Spensley as well as District Engineer Jim Mahady were also present. A review of the proposal was made by District Engineer Mahady. The scope of work, alternatives and cost estimates were reviewed. The various methods of paying for such a project was also discussed. A lengthy question and answer period by all of the interested parties followed. After the discussion, the District Engineer was asked to look into the costs of designing the project using a 10 year storm versus the 100 year storm, the costs of dredging Manitou Bay and a cost estimate to add an adjacent subwatershed to the study. It was also mentioned that each City should seriously consider the various financing options and decide which it would use if the project moved forward. The next joint meeting between the two Cities to discuss this matter was set for Tuesday, October 4, 1988 at 7:00 P.M. ADJOURNMENT By mutual consensus of both City Councils, the Special meeting of Tuesday, August 16, 1988, adjourned at 8:40 P.M. RESPECTFULLY SUBMITTED, Barbara J. Brancel Acting Mayor Daniel J. Vogt City Administrator -1- ~ ~_. MEMO TO: FROM: DATE: SUBJECT: ... . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331 . (612) 474.3236 Mayor and Councilmembers Dan Vagt lfIY August 29t 1988 Joint Cooperative Agreement and Contract for Fire Service - Mound Attached to this memo you will find an Agreement for Fire Protection with the City of Mound. Changes to the existing contract are contained on pages 3 through 9 with a dashed line drawn through the old language and the new language in bold type. As you can see, the changes are rather minor and are being proposed to "clean-up" the existing Agreement. Attorney Froberg has reviewed the proposal and sees no problem with approval by the City. Therefore, approval of the Joint Cooperative Agreement and Contract for Fire Service between the Cities of Shorewood and Mound is recommended as proposed. This item appears on the Consent Agenda of your September 12, 1988 meeting for your consideration. Please contact me prior to the meeting if you have any questions. Attachment cc: Glenn Froberg A Residential Community on Lake Minnetonka's South Shore <//1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 . . JOINT COOPERATIVE AGREEMENT AND CONTRACT FOR FIRE SERVICE THIS AGREEMENT, made and entered into this day of 19___, by and between the City of Mound, a municipal corporation of the County of Hennepin and state of Minnesota, party of the first part, and the City of , a municipal corporation of the County of Hennepin and state of Minnesota, party of the second part, WITNESSETH: That, WHEREAS, the City of desirous of having fire protection service furnished by the City of Mound Fire Department, and WHEREAS, the City of Mound has the facilities and equipment and is willing and able to provide fire protection service to the City of and is , WHEREAS, the City of Mouhd has prepared for the City of an annual financial budget covering truck bonded indebtedness, fire equipment capital outlays, annual operating costs and Fireman's Relief Association. NOW, THEREFORE, in consideration of the premises and the mutual covenants of the parties hereto, it is agreed as follows: 1) Definition of terms. For the purpose of this Agreement, the terms in this section shall have the following meanings given to them. A. "Contract year" means a 12 month period during which fire protection services are to be rendered or were rendered to the City of by the City of Mound. The contract year shall commence on January 1 and terminate on the next December 31. 1 . . : 31 B. "Contracting cities" means any city which is a 32 party to this contract or a similar contract which by its 33 terms is interrelated with this contract for the purposes of 34 determining total cost for the contracting cities are 35 Minnetonka Beach, Minnetrista, Orono, Shorewood, Spring Park 36 and Mound. 37 C. "City of Mound Fire Budget" shall include all 38 preliminary estimated and actual costs of operating the Fire 39 Department of the City of Mound for a given contract year, 40 including but not limited to: 41 Chief's Salary & Officer's Pay 42 Fire Drill Pay 43 Salaries 44 Office SUpplies 45 Copy Machine 46 Operating Supplies, General 47 Motor Fuels 48 Cleaning Supplies 49 Safety Supplies 50 Fire Prevention Service 51 Professional Services 52 Audit and Financial Services 53 General Maintenance 54 Communications (Radio Replacement) 55 Postage 56 Telephone 57 Printing 58 Insurance 59 Electricity 60 Gas Service 61 Other Equipment Repair 62 Building Repair 63 Rental of Equipment 64 Miscellaneous 2 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 . . Conferences & Schools Dues & Subscriptions other Contractual obligations capital Outlays Shop & Store Transfer Fireman's Relief Association PaYments D. "Fire Service Area" of each contracting 'city shall be that area within the City shown on Exhibit A attached hereto. 2) Area Protected. In accordance with the other terms and provisions hereof, the City of Mound shall provide fire protection service for the City of in the area legally described on Exhibit A, and as shown on the Fire Service Area Map Exhibit B. 3) Level of Service. The City of Mound, through its Fire Department, shall endeavor to protect and save life and property from destruction by fire in said area to "the same extent as it does within the City of Mound. 4) Administrative ResDonsibilitv. The fire protection services rendered to the e*~y-ef---------------- contracting cities shall be under the sole direction of the City of Mound. The degree of services rendered, the standards of performance, the firing and discipline of the . . personnel assigned, and other matters relating to regulation and policies, shall remain in the control of the City of Mound. Any disputes between the parties to this agreement as to the extent of functions and duties "to be rendered hereunder, or the level or manner of performance of such service, shall be resolved by the city Manager of the City of Mound. If the e*~y-ef------------------ contracting city disagrees with the resolution, it may appeal, within seven days, in writing, to the City of Mound asking for arbitra- tion, as provided in paragraph 5. 97 The city Manager of the City of Mound shall submit to the e*~y-ef-------------- 3 . . 99 contractinq cities a monthly report of services rendered to 100 the ei~y-ef-----------------_ contractinq city as well as 101 suggestions regarding any changes that may be helpful. 102 5) Volunteer Firemen of the city of Hound. 103 Personnel assigned to provide fire protection services in 104 the ei~y-ef----------------- contracting city shall be 105 volunteer firemen of the City 104 of Mound which City shall 106 assume all obliqations with regard to worker's compensation, 107 Fireman's Relief Association, withholding tax, insurance, 108 etc. for such volunteer firemen, if any. The ei~y-ef----p- 109 contracting city shall not be'required to furnish any of the 110 foregoing fringe benefits or assume any other liability of 111 emploYment to any employee or other person assigned to duty 112 within the ei~y-ef------------- contracting city unless the 113 ei~y-ef------------- contracting city employs such employee 114 or person directly, independent of this aqreement, to 115 provide fire protection services in the ei~y-ef------------ 116 contracting city. In such event, all obligations and 117 liabilities with respect to emploYment of such employee or 118 person shall be the complete responsibility of the ef~y-ef 119 ------------ contracting city. No such direct emploYment 120 shall be entered into by the ei~y-ef-------------- 121 contracting ci~y without first obtaining the written 122 approval of the City Manager of the City of Mound. 121 6) Termination. This agreement shall remain in 122 full force and effect from January 1, :982 1988, and be 123 renewed annually automatically hereafter for a successive 124 contract year unless cancelled by either party by serving 125 written notice upon the City Clerk of all contracting cities 126 by, January first of the current contract year. 127 7) Cost to the city of 128 A. Base Cost for and in consideration of rendition of 198 Fire Protection Services under this agreement, the City of 130 shall pay base costs determined by the 4 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 . . formula, as illustrated below, for each contract year. 1) Assessed Valuation of the Fire Service Area of Each contractinq citv: The assessed valuation of the Fire Service Area of each contracting city is based on taxes due and payable for the year immediately preceding the budget year. The Source of the assessed valuation data . . shall be the official figures of the Hennepin county Assessor's Department. 2) Level of service for Prior Calendar Year. The level of service shall be determined by the number of !~re-afta-re~e~e-ea~~~ fire calls, rescue calls and mutual aid calls based on man hours. The formula of assessed valuation and levels of service used by the contracting city will incorporate the assessed valuation of the year preceding the budget year and the three previous years average of the man hours provided to the contracting city. These will then be balanced equally giving each partici- pating city its percentage share of the budget for the upcoming year. 3) By September 1 of each year during which this contract remains in effect, t~e City of Mound shall notify each contracting city of the preliminary cost estimates for the next contr~ct year. By October 1 of each year, the City of Mound shall notify each contracting city of the estimated costs for the next contract year. The final estimated cost shall be paid in equal quarterly installments on January 1, April 1, July 1 and October 1 of the next contract year by the contracting city to the city of Mound. The contracting city understands and agrees that it is impossible to project with complete accuracy the actual costs for labor and equipment as well as the service to be required by each city for the forthcoming contract year, and therefore hereby agrees to a yearly audit to adjust the prior year's estimated cost of service as set 5 . . . 165 forth above to the actual costs incurred by the City of 166 Mound. On or before April 1 of each year, eemmefte~ft~-~ft 167 i98:, the City of Mound will tabulate the actual cost of the 168 Fire Department Budget for the prior contact year and will 169 submit to each contracting city a summary of actual costs. 170 The actual costs set forth for the prior contract year may 171 result in either a credit or a debit to each contracting 172 city. If a surplus is carried over from the prior year, 173 paid monies shall be placed in a reserve fund. Said reserve 174 fund shall be accrued until a fund balance equal to ten 175 percent (10%) of the prior year's operating budget is 176 arrived at. Once the reserve fund level is established, the 177 contracting cities will decide whether to reduce their 178 annual operating contribution to offset the operating fund 179 balance or contribute to keep it at the ten percent (10%) 180 reserve fund level. The fund may be utilized to pay any 181 increase for service if a majority of all contracting cities 182 approve. If a majority does not approve, the annual cost 183 paYments shall be paid in an amount to lower the 100% of 184 that years final estimated costs. The allocation of the 185 credit or debit shall be made pursuant to the basic cost 186 formula set forth above. 187 4) In order to facilitate the accounting and 188 reporting of all fire funds, a special Fund called "Area 189 Fire Service Fund" is hereby created. All operating 190 expenses shall come from this fund. Other separate Funds 191 already in existence include, Fire Department capital 192 Outlay Fund (Equipment Reserve): Firemen's Relief 193 Association Fund: and Fire Truck Bonded Indebtedness Fund. 194 Reports on each of these Funds will also be provided to ~fte 195 e~~y-ef----------------- each contracting city by the City 196 of Mound, annually following the contract year. 197 5) If any of the above mentioned Funds, for 198 whatever reason, shall become delinquent and require 6 . . 199 additional funds prior to the next contract year, ~fte-e*~y 200 e!------------------- each contracting city shall be 201 notified of such shortage in estimated revenue and the 202 contracting parties, by majority of all of the contracting 203 cities shall vote to transfer from the reserve fund or to 204 pay as a part of the current year's quarterly costs set 205 forth in paragraph 3 above. 206 B. Arbitration. If the contracting city is aggrieved 207 by the determination of the City of Mound as to the a110ca- 208 tion of the actual costs of the prior year's service, the 209 contracting city may appeal said determination within 30 210 days after receipt of the city of Mound's audit. Said 211 appeal shall be made in writing and shall be addressed to 212 the City of Mound aSking for arbitration by a Board Of 213 Arbitration. The Board of Arbitration shall consist of 214 three persons: one to be appointed by the city of Mound; one 215 to be appointed by the appealing contracting city; and-the 216 third to be appointed by the two so selected. The name of 217 each arbitrator selected shall be submitted, in writing, to 218 the other party. In the event that the two arbitrators so 219 selected do not appoint the third arbitrator within 15 days 220 after their appointment, the Chief Judge of the District 221 Court of Hennepin County shall have jurisdiction to appoint, 222 upon application of either the City of Mound of the 223 appealing contracting city, the third arbitrator to the 224 Board. The third arbitrator selected shall not be a 225 resident of either contracting city, and shall be a city 226 manager or city administrator. The arbitrator's expenses 227 and fees, together with other expenses, not including 228 counsel fees, incurred in the conduct of the arbitration, 229 shall be divided equally between the parties to the 230 arbitration. Arbitration shall be conducted in accordance 231 with the Uniform Arbitration Act, Chapter 572 of the 232 Minnesota Statutes. Said arbitration shall be binding on 7 . . : 233 both parties. 234 C. Canita1 Exnenditures and/or Interim Increases in 235 the Funds. Not withstanding ~ny of the above, the 236 contracting cities shall have the right to be heard 237 regarding any proposed capital expenditures which are not in 238 the annual estimated cost budget and which exceed $5,000.00 239 and/or interim increases in the Funds not otherwise included 240 in the annual budget. Notice of such proposed and non- 241 budgeted capital expenditures and/or interim increases in 242 Funds shall be in writing to the contracting cities prior.to 243 actual expenditures for such items and the contracting 244 cities shall thereafter have ten days in which to approve or 245 disapprove the same in writing and if there is no response 246 which disapproves the expenditure, it is agreed that such 247 proposed expenditures may be made and the cost thereof shall 248 be included in that year's budget. 249 D) Fire Denartment Relief Association. The 250 contracting cities agree that. it is important that the 251 volunteer firemen of the city of Mound have a relief 252 association that will provide retirement benefits after 253 retirement to compensate the firemen for all the volunteer 254 hours they contributed. The contracting cities also realize 255 the wisdom of ~ontriputing to this fund on a pay as you go 256 basis. The contracting cities also recognize that as 257 retirement levels increase that additional contributions 258 will be required beyond the present %98~ 1988 contribution 259 level. eE-~ft~r~Y-~ftea3aftd,-E~ve-ftaftdred-de~~ar3-t$a8,SeeTeet 260 The retirement costs paid to the Relief Association shall be 261 considered as a part of the prior years operating costs. 262 The $ae,SeeTee oontraoting oities amount being paid for 263 relief benefits ~s-~e-~e-eefts~dered-a3-~fte-max~mam-wft~eft 264 will be paid until and unless a majority of the contracting 265 cities approve increased benefits and increased 266 contributions to the fund. 8 . '. . . 267 E. prior Contract. If Mound cancels this contract 268 under the provisions of section 0-6 or if a contracting city 269 cancels the contract for the express purpose of establishing 220 its own fire department, then the capital expenditure to 271 purchase a-%adder-~r~ek any capital equipment as provided 272 for in the amendment to the previous contract dated 273 December 2, 1971, and amended December 5, 1978, shall govern 274 the contributing city's capital investment and/or any 275 refunds provided for in the prior contract. 276 Notwithstanding any language herein to the 277 contrary, or in prior contracts between the parties, any 278 credit or debit due to a ei~y-ei--------------------------- 279 contracting city or to the City of Mound on account of prior 280 agreements and contracts for fire protection between the 281 parties shall be payable ift-%ge~-~~r~~aft~-~e-~fte-eeft~rae~-~ft 282 feree-d~r~ft~-%ge% in the year following pursuantvcontract 283 curre"ntly in force. ~ rrl~ CITY OF CITY OF MOUND By: Its Mayor By: Its Mayor and and By: By: 9 ... -" . O\'l~~ 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 . AUG 2 2 /988 Engineers Surveyors Planners Augus t 20, 1988 City of ShortwOOd 5755 Country Club Road Shortwood, Minntsota 55331 Rt : Southtast Arta Eltvattd Wattr Storagt Tank Ptdtstal Supported Spheriod and Appurtenant Work Projtct No. 86-10 OSH ComB. No. 3707.40 City Council : Enclosed art four (4) cop its of Construction PaTBent Voucher No. 6 on the abovt rtftrenctd project in the aBount of $ 34523.75. Please ~ak, pa~'nt in amount of $ 34523.75 to CBI Na-Con, Inc., 24137 - l11th Street, Plainfield, Illinois 60544 at your earlitst convtnitnce. Very truly yours, ORR-SCHElEN1HAYERON & ASSOCIATES, INC. ~ p- 1.A James P. Norton,P.E. Project Enginetr JPN:RGD Enclosures cc : CBI Na-Con, Inc. ~:; . CCNSTRUCTlCN PAYMENT VOUCHER . Estinatr Vouchrr No. , Dah August 20, 1988 For Prriod Ending August 15, 1988 Projrct Numbrr 86-ID ------------------------------------------------------------------------------------------------------ Class of Work Elrvatrd Watrr Storagr Tank Prdrstial Supported Spheriod ------------------------------------------------------------------------------------------------------ Locat ion and Appurtrnant Work To : cal Ha-Con, Inc. ------------------------------------------------------ 24137 - Illth Street Southeast Area Plainfield, Illinois 60544 ------------------------------------------------------ (815) 436-9800 City of Shorr~ood, Hennepin County; Minnesota For ------------------------------------------------------ A. Original Contract Anount $ 463100.00 B. Total Additions $ 0.00 C. Total Deductions $ 1600.00 C.O. III D. Total Funds Encumbered $ 461500.00 E. Total Valur of Work Crrtifird to Datr $ 444981.60 F. Lrss Rrtained Percentage 5 I. s 22249.00 G. Less Total Prrvious Pamrnts s 388208.85 H. Approvrd for Paynrnt, This Report s 34523.75 I. Total Pamrnts Including This Vouchrr s 422732.60 J. Balance Carried For~ard $ 38767.40 APPRWALS ORR-SCHELEN-MAYERCN l ASSOCIATES, INC. Pursuant to our firld observation, as prrformrd in accordancr with our contract, wr hrreby crrtify that thr natrrials arr satisfactory and thr work proprrly prrformrd in accordan" with thr phns and sprcifications and that thr total work is 96 I. complrtrd as of August 15, 1988 . Wr hrrrby recommend paynrnt of this vouchrr. ------------------------------- . ~ b~~~ 6_ ~ ~~ Sigo.d :____;:;~;;;;;;;;-;;~;;;;;--------------- Slgn.d :~----:-"--/~--------------- This is to certify that to thr best of my kn~lrdgr, information, and brlirf, thr quantities and valurs of work crrtifird hrrrin is a fair approximatr rstinatr for thr prriod covrrrd by this vouchrr. Contri~tor CBI Na-Con, Inc. Signrd By Dah : Tith City of Shorrwood Approv.d for Paymrnt Vouchrr ------------------------------------ ------------------------------------------------ Chrckrd By : Authorized Rrprrsentativr Dah Dah ------------------------------------ Pagr t of 3 3707.40 Est huh Vouch.r Ho. 6 . Oah I August 20, 1988 ----------------------------------- South.ast Ar.a El.vat.d Wat.r Storag. Tank Ped.stial Support.d Sph.riod and Appurt.nant Work Project No. 86-10 for the City of Shor.~ood, Hennepin County, Minnesota Contract Oah I Work Cmphhd I contra. I Work Starhd Completion Date I C81 Ha-Con, Inc. 24137-111th Street Plainf i.ld, III inois (815) 436-9800 60544 Ite" No. Item Work Cmp 1 e ted Contract This ~ount Total to Date Quantity Unit Unit Price Total Price Month This Month Quantity Total Price ----------------------------------------------------------------------------------------------------------------------------------- Sch,du I e "A' 1) - Excavation and Enbanknent 8orr~ Material 2105.2 Granular 8orr~ Bedding 2105.2 Gen.tal Import.d Fill 2105.2 Tapsoi 1 Borr~ 600 C.Y. 2200 C.Y. 300 C.Y. Total for It.n No.1 2) - Aggregate Base 2211.2 Class S, 10rl. Crushed 12.00 7200.00 8.00 17600.00 11.00 3300.00 ..... II.......... f. II........... t..........$ 160 C.Y. 10.00 lotal -for Jt,n No.2 ........................................$ 3) - BitUl1linous Paving 2331 Bituminous Pavement (Base) 2341 Bi tuminous Surface 2357 Bituminous Tack Coat 34 Tons 17 Tons 10 Gal. 25.00 150.00 25.00 4) - Concrftt Curbing 2531.2 B618 ConCrttf Curb & or ValltY 6uttfr Total for Jt,n No.3 .........................................$ 450 loF. Total for Itm No.4.......................................... 2.50 5) - Turf Estabishnfnt 2575.2 Sffdfd Arfa 2575.2 Sodding Arfa 2700 S.Y. 400 S.Y. .40 3.00 lotal for Itm No.5 ........................................$ 6) - Wattr Mains 2611.2 16' DIP Class 50 2611.2 12' DIP Class 50 ItO L.F. 80 lo F . 40.00 25.00 Total for Jtm No.6 ........................................$ 7) - Wat.r Main Valvfs & Fittings (Buritd) 2611.2 16' Buttfrfly Valvt 2611.2 12' Gatf Valvf 2611.2 Hydrant CIW Valvf & Lfad 2611.2 All Othfr Fittings 1 2 1 2000 2500.00 1200.00 1500.00 1.75 Total for It... No.7 ........................................$ 28100.00 1600.00 1600.00 850.00 2550.00 250.00 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 SA) - 500,000 Gal. Singl. p.destial Sphfroid CIW Foundation, Eltctrial and All Othfr Appurtenant Work not Jt,niZfd Above Lunp Sum 1 472245.00 472245.00 lotal for Jtm Ho.SA ........................................ 472245.00 D....... " ...t '" 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 $ 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 0.00 0.00 ------------ ------------ . 0.00 . 0.00 ~ . . Estimah Voucher No: 6 Date: August 20. 1988 ---------------------------------- Southeast Ar.a Eleyated Wat.r Storage Tank P.d.stial Support.d Sph.riod and Appurt.nant Work Project No. 86-10 for the City of Shor.wood. Hennepin County, Minnesota Ihm No. Ibm Work Cmp It hd Contract This Pnount Tota; to Date Quantity Unit Unit Pric. Total Price Month This Month Quantity Total Price ----------------------------------------------------------------------------------------------------------------------------------- 88) - 400.000 Gal. Single p.destial Spheroid C/W Foundation, EI.ctrial and All Oth.r Appurtenant Work not Itemiz.d Aboye LUIlp Sun I L. S. 410045.00 Foundat ion 123881.00 0.00 .95 117686.95 Electrical 10159.00 .3 3047.70 .3 3047.70 Material 176591.00 0.00 I 176591.00 Tank Construction 120382.00 .05 6019.10 1 120382.00 Paint 32087.00 .85 27273.95 .85 27273.95 ------------ -------.----- ------------ Total for Schedule "A" (Items I thru 7 Inclusive Item 88) . . . . . . . '$ 463100.00 $ 36340.75 $ 444981.60 Page 3 of 3 3707.40 ., MEMO TO: FROM: DATE: SUBJECT: . . MAYOR Robert Raseop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRA TOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 Mayor and Councilm~mbers Dan Vogt September 1, 1988 Lake Minnetonka Cable Communications Commission 1989 Budget Attached to this memo you will find budget information which has been pro- vided to the City by Holly Hansen. Ms. Hansen is the Administrator for the Cable Commission. The 1989 budget proposal has been recommended for approval by the Lake Minnetonka Cable Communications Commission. Per the Joint Powers Agree- ment, approval must occur by a majority of the member Cities within thirty (30) days after receipt. I have reviewed the proposed budget. Although the 1989 budget shows a substantial increase over 1988 (20%), the budget does not require any appropriation from the City. As can be seen, the major areas of increase relate to the need for new and expanded office space. Upon my review, I recommend approval of the 1989 budget for the Lake Minne- tonka Cable Communications Commission as presented. This can be accom- plished by adoption of the attached resolution as part of the consent agenda for your September 12 meeting. DJV/al Please contact me if you have any questions. Attachments cc: Holly Hansen A Residential Community on Lake Minnetonka's South Shore .-jL(~/ . . Lake Mlnnetonka Cable Communications Commission 8 -V"8 AUG I ,~iU{ 443 OAK STREET · EXCELSIOR, MINNESOTA 55331 . (612) 474-5539 M E M 0 RAN DUM TO: City Administrators and City Clerks/Lake Minnetonka Cable Communications Commission Holly Hansen, Administrator~ FROM: DATE: August 17, 1988 RE: Commission Budget 1989 Please find enclosed a copy of the Lake Minnetonka Cable Communications Commission Budget for 1989. The Commission approved the budget at its meeting of August 16, 1988. This budget is sent to you in accordance with the provisions of the Joint Powers Agreement for the Commission in Article IX, Section 3. The Joint Powers Agreement provides fora review and approval of the Commission budget by the member cities. The budget shall become effective only if approved by a majority of the members within thirty (30) days after your receipt. If the budget is not timely approved by a majority of the members, the Commission must adopt a revised budget and submit it to each member for review and approval. Consequently, the Cdmmission recommends that your city council review and approve the enclosed budget within thirty days of your receipt of this letter. I have enclosed a sample Resolution which can be used for this purpose. Upon your city's approval of the budget, please forward to me.a copy of the budget with the executed Resolution at the above address. Please note the time limitation within which the city should approve the budget. If the thirty day period presents a problem for your city, please contact me. Thank you for your cooperation in this matter. If you have any questions, please feel free to contact me. Enclosures ~... { '. . . LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION PROPOSED BUDGET 1989 INCOME 1988 1989 Triax Cablesystems (fonmerly Dowden) Interest $58,000 2,675 $60,675 $ 70 ,000 2,800 $72 ,800 OPERATING EXPENSES Cable Administrator Access Employees Secretarial Services Payroll Taxes Employee Mileage Medical Insurance Legal Fees Insurance and Bonds Financial Audit - LMCCC Financial Review - Dowden* Conferences and Schools Office Supplies Dues and Subscriptions Telephone Postage M I sce 11 aneous New Off i ce Space Rent Furniture & Fixtures Phone System Air conditioner $25,000 8,000 1 ,000 3,800 600 1 , 000 2,000 4,200 2,000 1,700 4,500 1 ,500 650 625 400 200 $28,000 13,000 1,200 4 , 800 500 1 , 1 00 2,000 3,500 2,000 2,850 1 , 000 1 , 1 50 600 4,500 1 , 500 1 , 000 800 600 200 5,600 OPERATING BUDGET TOTALS $57,175 $70.300 SPECIAL FUND APPROPRIATIONS Technical Audit *Financlal Review - Trlax Studio Equipment FUND TOTALS 1 ,500 1 ,500 1,000 2,000 $ 3,500 $ 2,500 $60,675 $72 , 800 ,.. BUDGET TOTALS ~ . . . Draft RESOLUTION NO. RESOLUTION APPROVING THE 1989 BUDGET FOR THE LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION WHEREAS, the City of Shorewood is an existing member of the Commission: WHEREAS, said joint and cooperative effort is authorized by Minnesota Statutes Section 238.08, Subd. 5; WHEREAS, the existing joint powers agreement provides that the member cities of Commission shall review and approve the Commission budget; WHEREAS, the City has reviewed the 1989 budget of the Commission and believes it to be proper; NOW, THEREFORE, be it resolved, that the City Council of the City of Shorewood approves the 1989 budget of the Lake Minnetonka Cable Communications Commission. The above resolution was duly adopted by the Shorewood City Council this day of , 1988. ATTEST: Robert Rascop Mayor Sandra L. Kennelly City Clerk MEMO TO: FROM: DATE: SUBJECT: . . MAYOR Robert Raseop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Braneel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 Mayor and Councilmembers Dan Vogt 1>r September 6, 1988 Street Lighting Request - McKinley Place at Near Mountain 4th Addition and 5th 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 two plats in the Near Mountain Development known as McKinley Place at Near Mountain 4th and 5th Additions. Plat maps are attached to the letter which show the proposed locations of the lights. Staff has reviewed the request and recommends approval of five (5) - 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 Develop- ment. This item appears on the consent agenda of your September 12 meeting. Please contact me if you have any questions. DJV/al Attachment cc: Michael Pflaum A Residential Community on Lake Minnetonka's South Shore L7LJ -LUnDGREn B R05cONSTRucT,oN . INC. - AUG 3 I 1~J88 935 EAST WAYZATA BOULEVARD. WAYZATA. MINNESOTA 55391 . (612) 473-1231 August 30, 1988 Mr. Dan Vogt Shorewood City Administrator 5755 Country Club Road Shorewood, MN 55331 RE: McKinley Place at Near Mountain 4th Addition and 5th Addition Dear Dan: We have discussed street light placement with Mr. Larry F. Fortun of Northern States Power Co. and are in agreement with his recommendation of a total of five street lights in the locations shown on the attached plats of subject subdivision. Please accept this letter as Lundgren Bros.' petition to the Shorewood City Council for street lights in accordance with these plans. Very truly yours, LUNDGREN BROS. CONSTRUCTION, INC. 1 ~1/c \;rLf C; lYt l / "-~ Michael A. Pflaum MAP:bf Enclosures cc: Larry Fortun 1&4,., . . ....~ - ..: .' " I^....r:r~ ... \,.". r.." 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NO. j --- ORA~.G(" At<<) UTll.lTY (ASEMENTS ARt;: SHOwN TMUS: ----- r. ~ . "'.- ill~ l!~1 _-1._.... ,-_.I_ I I KING IO'((T IN wtOTH.UHl,.($S OTM(RwIK INDICATED. AND AOJOINING LOT U~S AND to FUT IN WIO'... AND AOJOftfIHG STRE:(T lIMi..S SHQWNON TH[nAT. TttE B.SIS'OR TN[ HARING SY$T€f!t '5 ASSUMto o HNorts IRON MONUMENT ~-- I ( ': \ (1 ~4 \ <:~ t'j % ~.\ ~- ftl i~ (, j," \ \ :: \>;, ~ .,..'~ .. .....~ , I' ..:............,... 110 . 4., ',.., -, ,_, '1, ~ - ..- c: T V,,' l~ T...R 1\"- ~.. NEA:;\ :v: " !,' . - ,~T A ,. " INC. SHEET 2 OF 2 SHEETS '. ~ '" MEMO TO: FROM: DATE: SUBJECT: . . 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 Mayor and Councilmembers Dan ~ Don ~Zil September 7, 1988 Additional Equipment Purchases The Public Works Department is in need of an additional lawn mower for existing parks" as well as the new ballfields currently under construction at Freeman Park. Four different brands of mowers were demonstrated in Shorewood over the past thirty (30) days. The price quotes are as follows: Toro Groundsmaster Toro Groundsmaster Ransomes Bobcat John Deere (Used) Hustler - M.T.I. Distributing - Long Lake Ford Tractor - Lake State Equipment - Lake State Equipment - McQueen (verbal quote) - $ 8,785.00 - $12,992.00 - $ 8,350.00 - $ 7,100.00 - $11,500.00 For the past twenty (20) days the present City mower has been deadlined waiting for parts from the factory. In the meantime, M.T.I. Distributing has allowed the City to keep their demonstrator and perform the mowing throughout the park system. The Toro machine has out-performed all the competition in efficient mow- ing and ease of operation. Example: Cathcart Park- -Normal mowing time with present mower - 5 hours -Mowing time with Toro Demonstrator - 3 hours The equipment budget, Code 10-6162, for 1988 has a balance of approximately $17,000. due to equipment purchased to date coming in below estimate. Therefore, it is the recommendation of staff to purchase the Toro Model 322D from M.T.I. Distributing at a cost of $8,785. at this time. Additionally, the City needs to replace the sickle mower which is used to mow ditches and right-of-way. The current mower being used is a 1947 Inter- national. The City also owns a 1979 Ford Low-Boy Tractor which is rarely used due to its design. We did consider fitting this low-boy tractor with a mower. This cost would have been approximately $5,000. with an effective cutting width of four (4) feet. This is due to the wide tire design. The staff would like to trade-in both tractors on one which will better meet our needs. Two A Residential Community on Lake Minnetonk;j's South Shore LIE . . Additional Equipment Purchases Page 2 September 7, 1988 quotes have &een received as follows: Lano Equipment Long Lake Ford - New Ford Tractor with 7' mower - $10,675. Difference - New Ford Tractor with 7' mower - $11,547. Difference With the recommended purchase of the Toro lawn mower, approximately $8,200.00 will remain in equipment purchases. However, it is anticipated that equipment maintenance Code 10-6123 will be underspent by approximately $2,500. Another area which will probably be underspent is motor fuel and lube due to the mild winter we had this past year. In any event, Department 61 will be underspent in 1988. It is therefore the recommendation of staff to purchase the tractor with 7' sickle mower from Lano Equipment Company in the amount of $10,675.00 using funds from Code 10-6162 and excess funds from Codes 6121 and 6123. This method of purchase was discussed with Auditor Jim Maiser who agrees with this method of purchase. This item appears on the consent agenda of your September 12, 1988, meeting for your consideration. Please contact Don or Dan prior to Monday night if you have any questions. DJV/DZ/a1 ;<''ll.~'''' .------' ~~ · as M. ~elen Mayeron& Associates, Ine. ~EP - 7 1988 2021 East Hennepin Avenue Minneapolis. MN 55413 612-33]-8660 FAX 331-3806 Engineers Surveyors Planners Septtmb~r 7, 1~: City of Shorelalood 5755 Country Club Road Shorewood, Minn~sota 55331 R~ : Water Main, Parkins Lot Surfacing, Ball Field Surfacins and ApFurtenant Work Freen~n Park - Project No. 88-2 OSM Com. No. 1744.88 Ci ty Cound I : Enclosed are four (4) copies of Construction PaYment Voucher No. 1 on the referenced project in the amount of $ 27,052.20. PI~ase make paYaent in ~ount of $ 27,052.20 to T ~ S Excavatins, Inc., 2044 Chambers Street, St. Paul, Mn. 55109 at your earliest conv~nience. Very truly yours, ORR-SCHELEN-MAYERON cf:SSOCIA~TESr!Nf~ - . -i< / I{~ mes P. Norton,P.E. Project Ensineer JPN:RGD Ene 1 osures : cc : T ~ S Excavatins, Inc. .1/;-: .. , . . CONSTRlICTION PAYI1Et..'T VOUCHER Estimate Voucher No. 1 Date September 7. 1988 For Period Endins : Ausust 31. 1900 Project NCI. 00-2 -------------------------------------------------------------------------------------------------------- Class of WClrk : Water ~in, Parkins Lot Surfacins. Ball Field Surfacins and ApFurtenant Work To: T & S Excavatins. Inc. 2044 Chambers St. St. Paul. Mo. 55109 (612) 4P.4-93e.4 lClcation Freeman Park For. City of ShorewClod. Hennepin County. MionesClta A. Orisinal Contract Amount $ 75,777.70 B. Total AdditiClns s 0.00 C. Tot~l Deductions $ 0.00 D. Total Funds Encumbered $ 75.777.70 E. Total Value of Work Certified to Date $ 28,476.00 F. less Retained Percentase ... ~I y. $ 1.423.80 c G. less Total Previous PaYm€nts $ 0.00 H. ApFroved for Pa'~nt. This Report $ 27,052.20 I. Total Payments Includins This Voucher $ 27,052.20 J. Balance Carried Forward $ 48, 725.~:) APPROVAlS ===========--====================================--==--==========--========--====================----===============--========== ORR-SCHELEN-MAYERON & ASSOCIATES. INC. Pursuant to our field observation. as performed in accordance with our contract. we hereby certify that the I~terials are satisfactory and the work properly performed in accordance with the plans and specifications and that the total ::::.:s,~~~~~_~::::::~~~~_~,u~_:::_:~_______ ~i:-..:-::bY ~~:.~~ Con,tru,tion Obs.rv., ~-------- ~~~ ------------------------------------------------------------------------------------------------------------------------ Thi~ is to certify that to the be~t of ~y knowledse, informatio~, and belief. the quantitie~ and value~ of work cer.tified herein i~ a fair approxirlite estiHlite for the period cover.ed by this voucher. Contractor T & S Excavatinll. Inc. SiSned By ---------------------------------------------- Date : Title ---------------------------------------------- ======================================================================================================================== Ci h of St1orewood Approved for. paYIIIH,t YOUC~tr ------------------------------------ --------------------------------------------- Checked BY : Authorized Representative Date Date --------------------------------------------- Palle 1 of 2 1744.88 Esti~ate Voucher No. . Date: September 7, 198B Water Main, ParkinS Lot Surfacir'5, and Appurtenant Work Frei~lan Par-k - Pr'c.ject Nc.. 8:::-2 for the City of Shorewood, H~nnepin County, Ball Field Surfacins l'iinnesota Contr'act Date : ~lu1Y 15, 1988 Work ComFleh.d : IteR, Nc.. Herr, contra. : T & S Excavatins, Inc. 2044 Chamb~rs St. St. Paul, Mn. 55109 (612) 484-9384 Work Start~d ~lu1Y 25, 198f Completion Date: SeFtember 30, 1988 Cc.ntract Quantity Unit Unit Price Total Price Wc.rk (:cIITIP I ~ted This A~lolJnt Month This Month Tota I to Date Quantity Total Price ---------------------------------------------------------------------------------------------------------------------------------- 1) 6" (I. I.P. Class 52 WatH Main 2) 4" D. I.P. Class 52 Wat~r Main 3) Fi ttirl5s 4) 6" Gat~ Valv~ ~.) 4">< 8" Wet Tap Incl. Valve 6) Rel(.cate Hydrant 7) Hydrant 8) Class 5, 100% (:rush~d Rock (2211) 9) Ball Fi~ld LiRIi: 10) BituRlirlous Parkins Lc,t and Drivewa'{ Restoration (2341) 11) Tre~ R~moval 12) Auser 40 L.F. Casins Pip;? 0.282" Thick f(if 6" D.I.P. Class 52 Water l'iain L.S.B.I. 4-A 13) F ~ I Trees (2571) L.S.B.I. 3-A 14) Seedins 1425 L.F. 210 L.F. 700 Lbs 4 Ea. 1 Ea. 2 Ea. 2 Ea. 3400 Ton 875 Tor. 170 S.Y. 25 Ea. 1 L.S. 1 L.S. 17.7 Ac. 14.00 12.00 1.00 374.00 900.00 200.00 1000.00 5.70 i.iO 12.0(: 50 . 00 3200.00 2000.00 746.00 19950.00 2520.00 700.00 1496.00 900.00 400.00 2000.00 19380.00 6737.50 2040.0{) 1250.0(1 3200.00 200'0.00 13204.20 Total.............. II t... II.................... r,..,.,.. .,$ 75,777. i() PaSe 2 of 2 1744.88 1"~1:: w/..1 19250.00 0.00 600.00 1496.00 0.00 400.00 2000.00 0.00 0.00 600 4 ~. L ~I .. 37 0.00 1850.00 0.90 2880.00 0.00 0.00 $ 28,476.00 1375 0.90 19250.00 600 4 0.00 600.00 1496.00 0.00 ~. L 400.'00 2000.00 0.00 0.00 ') .. 37 0.00 IB50.00 2880.00 0.00 0.00 $ 18,476.00 .. . QSM. On" Schelen Mayer~n& Associates, Inc. . SEP - 7 '~g 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners Septuber' 6, 1988 City of Shorewood 5755 Country Club Road S~orewood, Minnesota ~~31 Re : Seal Coatins, Overlay and Appurtenant Work Project No. 88-1 OSM COIlillI. No, 4100 Cih Cc.unci 1 : Enclosed are four (4) copies of Construction PaYment Voucher No. 1 on the referenced project in the amount of , 110,995.49. Please make paYment in amount of S 110,995.49 to H.L. Johnson Company, 2392 Pioneer Trail. Hamel, Minnesota 55:~O at yuor earliest convenience. Very truly yours, ORR-SCHELEN-MAYERON f\l< ASSOC:IATE}) INC~ ~~ -t/ ~lC.~~ \J~s P. Norton,P.E. Project Ensineer ,R4: RGD Ene 1 osures : cc : H.L. Johnson Company 4'C-- ...... J Estimate Voucher No. . . CCIr\'STROCT ION PAYMENT VOUCHER 4 Date September b. 1988 For Period Endins : Au!iust 31. 1988 Project No. 8tH Class of Work : Seal Coatin!i. Overlay and Appurtenant Work Location To: H.L. Johnson Company 2392 Pioneer Trail Hamel. Mn. 55340 (t.12) 478-6004 For City of Shorewood. HenneFin County, Minne~ota A. Ori!iinal Contract AlIlount S 123.000.50 ------------------------ B. Total Addi ti (.os S 0.00 ------------------------ C. Total Deducti ons S 0.00 ------------------------ D. Total Funds Encumbered $ 123,000.50 E. Total Value of Work Certified to Date $ 116.837.:~ F. Less Retained Percentase r ~I I. $ 5,841.87 G. Less Total Previous Pa)~ents $ c 0.00 H. Appr'oved for PaYment, This ReF(lrt $ 110.995.49 I. Total Payments Includins This Voucher $ 110.995.49 J. Balance Carried Forward $ 12.005.01 APPROVALS =====================--====================================--============================================--================= ORR-SCHELEN-MAYERON & ASSOCIATES. INC. Pursuant to our field observation. as perfor~d in accordance with our contract. we hereby certify that the materials are satisfactory and the work properly perforl~d in accordance with the plans and specifications and that the total work is 95 I. cOIllPleted as of Au!iust 31. 1ge~ . We hereby recomn~nd paYment of this voucher. ------------------------ ~.p yJ ~ Si!ined : _____________________________________ Si!ined: __ ___________~___~_I'-f~-- Construction Observer ------------------------------------------------------------------------------------------------------------------------ This is to certify that to the best of my knowledsf, infor~ition, and belief, the quantities and values of w~rk certified herein is a fair aFFroxill,ate estilllite for Ute puiod covered bY this voucher. Contractor H.L. Johnson CO~FanY Si!ined By ---------------------------------------------- Date : Title ---------------------------------------------- ===============================================================================================================--======== Ci ty of Voucher' Checked By : ShoreliJood ApFroved for FaYn~nt --------------------------------------------- Authorized Representative Date Date PaSe 1 of 2 4160 . .. ................ -- . . Estiaate Voucher No. 1 . contre: H.L. Johnson Company 2392 Pioneer Trail Hamel, Mn. 55340 (612) 478-6004 Date : September b. 1988 Seal Coatin~, Overlay and Appurtenant Work Project No. 88-1 for the City of Shorewood, Hennepin County. Minnesota Contract Date : July 15, 1988 Work COIDPleted : Work Started Completion Date: SeFtember 15. 1988 Itu No. SFec No. Item Work COlllPleted Contract This Amount Quantity Unit Unit Price Total Price Month This Month Total to Date Quantity Total Price 1) DIV. II Street SweeFin~ (Includes Before and After) 7.8 Mile 650.00 5070.00 6.4 4160.00 6.4 4160.00 2) 2341.508 Wnr' Course Mixture (Incl. Bituminous) 1850 Ton 22.37 41384.50 2552 57000.24 2552 57008.24 3) 2341.508 Overlav lInderlaYllient Fabr'ic 31600 S.Y. 0.90 28440.00 26:.00 23850. 00 26500 23850.00 4) 2356.505 Bituminous Seal Coat 8200 Cia 1 . 0.98 S03b.OO 11444 11215.12 11444 11215.12 5) 2356.~~7 Bituminous Seal Coat Assresate. Cl. A, FA-2 410 Ton 28.00 11480.0\.') 628 17584.00 628 17584.00 6) 2357.502 Bituminous Material for TiCk Coat 1750 G..l. 1.00 1750.00 1750 1750.00 1750 1750.00 7) 22.61.508 Bitu~IHIOU~ f'hxtur'e Levelin!l Course (Incl. Bituminous) 700 Ton 33.00 23100.00 0.00 0.00 8) 2506.501 Structure Adjustment 44 Ea. 85.00 374(1.00 14 1190.00 14 1190.00 ------- ----------- ------------ ------ ------- ------------ Total ................................................... .$ 123,000.50 $ 1 U.,837. 36 $ 116.837.36 Pa~e 2 of 2 4160 T" MEMORANDUM . . 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 TO: PLANNING COMMISSION. MAYOR AND CI'lY COUNCIL FROM: BRAD NIELSEN DATE: 1 SEPTEMBER 1988 RE: NEWBERG. MIKE - SIMPLE SUBDIVISION/COMBINATION FILE NO.: 405 (88.33) BA<XGROUND Mr. Michael Newberg has purchased the property located at 26165 Birch Bluff Road (see Site Location map - Exhibit A. attached). Upon closing on the property it was discovered that the driveway serving the existing house was located on the adjoining lot. A deed conveying a 24 foot strip of land which contains the driveway was never approved by the City nor recorded with Hennepin County. The division involves three properties identified by ownership on the site location map. Surveys of the three lots are provided on Exhibits B - D. As illustrated. Mr. Newberg will obtain a 24 foot strip containing the driveway from Mitchell. He then obtains 50 feet from the rear of Voaklander's lot in exchange for a 15.5 foot strip of land to be added to the east side of Voaklander's property. Exhibit E shows the resulting configuration of the Newberg and Voaklander sites. Current zoning of the subject sites is R-1C. Single-Family Residential. ANALYSIS/RECOMMENDATION The proposed division cleans up a number of nonconformities which currently exist on the Newberg and Voaklander properties. Following are the current and proposed lot areas and widths for all three properties. Newberp; Voaklander Mitchell Existing Width 100 66 170 Proposed Width 108.5 81.5 146 Existing Area 52.655 sq ft 18.282 sq ft 75.281 sq ft Proposed Area 59.375 sq ft 18.282 sq ft 68.561 sq ft A Residential Community on Lake Minnetonka's South Shore 6 Re: Newberg. MiChael. Simple Subd./Combination 1 September 1988 . f Besides getting his driveway onto his division/combination brings Newberg's with side yard setback requirements. own lot. the proposed and Voak1ander's houses into compliance The applicant's request is considered an improvement over what currently exists. Approval is therefore recommended subject to the following: 1. The applicant must provide revised surveys and legal descriptions of the newly configured lots. The surveys must indicate. that all comers have been staked. 2. The applicant must provide drainage and utility easements. 10 feet along each side of each side and rear lot line of the Voak1ander and Newberg lots. Given the location of the driveway. an easement is not recommended over any portion of the strip being conveyed from Mitchell. 3. Since no new lots are being created. park dedication fees are not required. 4. The two parcels currently owned by Newberg must be legally combined. 5. The surveys. legal descriptions and title opinions must be submitted within 30 days of the Council's approval. Once the applicant has received a certified copy of the resolution approving the division/combination. it must be recorded with Hennepin County within 30 days. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Mike Newberg - 2 - ~ lu ~ ~ ....J ~ ~ ~ -l --.. .~ I ""'"" <D~ .. Y) ~ Q() o C't) -~ (\J C\J - ~ -;S. ,f- ~ r- ..J:::c:. V...; ;t: ~C\ 'Z - ~ ~ ~ -t ., .,. -2 ~- ~ 6 ~ o ~ ~ ~ .- -s:: I _ t.-,-. -, --_.~ ""'- ......, r . '-..... r,..., !.....) -- r-- ~ 0 ()C ~ -" .... --<.. ~~ ;'. \.~ I , " Or" '-- I '- -; .... ~ .,... ..-. . f'- t-- . .. .... t , ......; r("j <.D Exhibi tCAA TION SITE LO , '. . I "-" , . t: I ~,'~ . '00. ~ J ; ,//~ /,J in Blocks Pla t ,A'~'ey for Alice ~;;.y estate 1 and 8 J Mann IS Addition to Hennepin County, Minnesota Birch Bluff ~ . .~ E,s-f,n9 , '~ o.~;o ~7"'t!way ".' .": ........_' "\.4 .. .;:-- . : ",J ------- ,~ S/U Ff ----- s'lf,11 , 100 , 3~W .-~ ,-. {,-, '_J' ~ \" ~ ,.- ,.~ , __J' 7 ~ ~ '0 " I . , '\1' f"........ ~~ to " ()Go. K \Q." 6 (' " , '_/ J--r-~ \ ).... \ I .-" . ..-1, '._ 1 Wlslvlr I,;'e of Me ca f J4 r.d . of L.ol 'Il, 81od. ..: I J Man's Add. to 5"'" 8/,,/1 . 'tJ'.... uo 57.$~"-"- ; ..... .. "57.5'.m ... J!3 \ '. I ' ,.. , , , . "'-+ , r. · . f(l)M, <.i~Kl&.~J.t~ to It-le.-.be..., -r<. 7 J JjO ~n,', ;': J./~V r E~/'sh"',? :' .,to...."da-ho" , ' 'f-. . -- , ~ ~ t' .JI' . I . ~ "'.... (' ,oJ. . , .... . . -,' , I Z30.0' -, .~ . .; '. f.... ~ . - . . , I v\ '<t . Certificate of Survey: I hereby certify that this is a true and cor- rect representation of a surveJ' of the boun- daries of all of Lots 6 and 13 and that part of Lots 7 and 12: lying West. of a line' drawn parallel with and distant 10 feet West of the East'line . of II) L said' Lots 7 and 12 J ,all, I in Block 1, Mann's Addi... i tion:.t,o' ~rch Bluff(Lake ~inne~?n~ >; .,' . Also that part' of. Block 8. Marin I S Addition to . . Birch; Bluff (Lake }I.1nne- tonka:), lying ;6etween the Southerly'extensions ~ of thoWest.line of Lot ~ 15, Block li said addi- ... .t1on,o'and the Wes,t8rly line ~ of' the East -.34 feet of Lot 12, 'Block 1, said addition, and the location, of all existing buildings there- on, and an existing driveway. It does not purport to show other improvenents or encro~ch- ments. '" o. PY'OfO'1f, d, '-O"--Je'fc"""e., trotv\. l'\\+c.h~'\ to ~,~ be') ~ Cordon R. Coffjx.-- Reg. No. '60t:.;~ ~ Land Survej'or and Planner .... Long Lake, Minnesota Scale: 1" = 50' Date: 6-20-78. revised 3-8-79 Exhibit B EXISTING NEWBERG PROPERTY fShows conveyances from Voaklander and Mitchell and to Voaklander ~,.. ,II. !1l '" ...- fbP' "V"~ 1ft'" ~ h.~ L.o~,,~'te..d N~'-' beij ~1~'_J~ '..~~;.r' ~~.__ . ':it , !' ...to .. ~O\""th MAltS. GABRJt:L . sUaU:VOKS,ISC 1U30 .....:Cl<I. ,.'..... P"tt-L...''''...... .. . '. t<>1 'ti- c ~ t-- ..... /) ,-, ~ '''' ... I .' .. ! I~ I ~ I ~~-...... -*'. ;1* "' ."u " ' '\\ ) I ~:. (.... . .. .' J->-<~ 1:1. ~-~ ". J ~ \. t-3' ,~.~ "V '" "'\. '" \., ~~ ~~.~ .... ":;",, ~.~.~.:"....t ''''' - -:::- ii"i--- t.. 1} .. _ . ~li_':': ~ ~/"'J. ~ ~ Il ~') Q 11\ t'. t>a , , I , I / , " 1'),;'" .. I I I " ~I , ~~ .~! ~" '. .... ----, n?" - . ..- ........ --._.- ~+a ~_ ~ ,.' ~ .-- ~..~. ..-.... .....,..~ ./ ...... -~-.. .. .. .... ... ..... '---'h., " I , I " i 'lfi' ; ... ......... t ..... ... "'t , ," ,'v ", ~,'~-' .- - I~" - .' , 8 I /...., ...../1 r !.,.. , C~ /,/ ~ , / -,.. .-- 1__-"" " . " ) <'-' ,....;.. _/ "I JI = I twteb\o . ..,t.'" Itwt .h., .. . ""'" ..... ,"",..et .....,...\le"...... of . .....wev 0' "" tto\.I~"'" ." ,tw~ ......,.Wdl.,., and &I'-Ihr'OI..hUn of .... WI.den. f ,"\ U...ft.ttI. ,,'td -tI. ..,,'I. .....,;AIu<<ftftWftlt. It "". ......n '" 0" wtd I4nd FileNo: 12 () 7 -- '... A.. ....,rc.::..l-t..... " ''""t.~ / ~! ../:"'/ C';.h,~" I . ,'. :{./c.U~"/ Exhibit C EXISTING MITCHELL PROPERTY Shows conveyance to Newberg ,,7~ -4 -.i' -'.- ,;~: "'......-..."..' ..~:t~~ . ~. ~. ; ~:;~. ..1~1'; '-~~ ", f / /-W'~\} . ~~- ~\~t\'\ - \ \ ) " 0>' ,...,:~ . '- ' O~~ 'r. .'1' $ 4.0 '. -I"" o~ .s. 0..... ~.%. ,. ... 1'\... ~. 0'" <."t ~'" , ., (,(, -0- '. :~ ...~ ...'" .,J(~ , .. 'f;;; -tt- 7' ;,."" &-J ..... ;~ ~: .':>'" " I!>j-P-Z-- ~ ....J ,-I ", ".-0. j :. -. ~ ~ c::: . - ~ I V1 N .~ m -l { , 7 = , . .. '" , ~ ~ .; .. ~ , ~. ~. . ii. - - . ~ '" -r; b.e- ob t~~ v\cz- d +('ON\. Ne.""be~ r '{ I' ~ ~ J t ", }. ~ i: 1'1 '.' ,I :l :j :, 'I --y(; I ~ (.,00'\ '/<. 'I <Ld to N.e..,J tur) Exhibit D EXISTING VOAKLANDER PROPERTY Shows conveyances to and from Newberg I I 01 "'I "'I cil I I I /~ 1065'"....1 , I . ~'IS.- I I I I ~ N 'd-~/7S ( , i ---- ~-, Iw."...~~ - 15 --- EXIi!J,,~ f/o,,~ II 4:l 13 L-OCK . ..-- -- ~~. e' f'G~ \""~~ e s hI&> . .,;)- 11'1." I , \ I Iii 1 I \1 I I ,\ II ,I j \ d------ I I 1 I I I ,---'- \ I E'isl.~' I :;'. "__e.- . I. . \ \ : I I 1 qJ!-1 b t- Ii tI. " .~ \ : j ~1ql j I ~ I! :1 p. .. .1 i II J.~ 10' j I. // .:'- ;" :>5'~S / -- ., - - '3 J en I o j - I , }.....- >T ..... ~ .;l,,0l..8' . f') t: '" '" ~ Overlay showing current and proposed lot borders of 26165 and 26175 Birch Bluff Rd. Current Proposed Exhibit E RESULTING LOT CONFIGURATIONS Newberg and Voaklander lots . . 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 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CI'lY COUNCIL FROM: BRAD NIELSEN DATE: 31 AUGUST 1988 RE: NEAR MOUNTAIN P.U.D. - PROPOSED REDUCTION IN SIDE YARD SETBACKS FOR LAKESHORE LOTS FILE NO.: 405 (88.35) BACKGROUND Mr. Michael Pflaum, representing Lundgren Bros. Construction, has requested an amendment to the Near Mountain P.U.D. development agreement to reduce the side yard setback requirement for lakeshore lots in Near Mountain. As explained in his request letter (Exhibit A, attached), the current 20-foot side yard requirement was based upon Shorewood's zoning requirements in existence at the time the P.U.D. was approved. Shorewood has subsequently amended the side yard requirement for lakeshore lots to a total of 30 feet, with no one side less than 10 feet. Mr. Pflaum requests that this standard be applied to the lakeshore lots in Near Mountain. ANALYSIS/RECOMMENDATION Mr. Pflaum cites flexibility in the lateral placement of homes as the primary justification for the proposed amendment. From a site design perspective this is a valid concern. The increase in buildable area can result in better siting and oftentimes reduce the amount of site alteration necessary to buil d. There is no apparent reason why the side yard setbacks for lakeshore lots in Near Mountain should be greater than similar lots elsewhere. Even lots on the west side of Silver Lake are only required to have 30 feet of side yard setback. It is recommended that the amendment be approved as requested. cc: Dan Vogt Glenn Froberg Jim Norton Mike Pflaum A Residential Community on Lake Minnetonka's South Shore o . · LUnDGREn. B ROScONSTRucT,oN . INC. 935 EAST WAYZATA BOULEVARD. WAYZATA. MINNESOTA 55391 . (612) 473-1231 AUG - I 1988 July 28, 1988 Mr. Brad Nielsen Shorewood Zoning Administrator 5755 Country Club Road Shorewood, MN 55331 Dear Brad: The standard for minimum side yards for lakeshore lots in Near Mountain is currently 20 feet. This was the minimum set forth in the Shoreland District provisions in effect at the time the PUD was approved. About a year later, Shorewood reviewed and revised its Shoreland provisions, in the process abandoning the 20-foot side yard in favor of a combined side yard standard. with the latter, there is a minimum side yard of 10 feet, but the sum of the two side yards must equ~l at least 30 feet. The new standard is better because it affords more flexibility in adjusting structures to the topography and vegetation of individual lots. Inasmuch as the Shorelands District side yard governs all other lakeshore situations and offers greater flexibility in the lateral placement of homes, we herewith request that the Near Mountain PUD documents be amended to adopt the 10-footj30-foot standard as the minimum for the lakeshore lots in this project. Very truly yours, BROS. CONSTRUCTION, INC. ,i~ Michael A. Pflaum MAP:bf Enclosures Exhibit A APPLICANT'S REQUEST LETTER ~ . . . 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 CI'lY COUNCIL FROM: BRAD NIELSEN DATE: 1 SEPTEMBER 1988 RE: COVINGTON VINE RIDGE P.U.D. - PROPOSED REDUCTION IN REAR YARD SETBACKS FILE NO.: 405 (88.35) BACKGROUND Mr. Mark Roholt has requested approval of a proposed amendment to reduce the rear yard setback in the Covington Vine Ridge P.U.D. He asks that the current 40 foot setback be reduced to 35 feet. As mentioned in his request letter. dated 1 August 1988 (see Exhibit A. attached). Mr. Roholt became aware of the 40 foot requirement when he was issued a "stop work" order for a deck being built without a permit. Upon applying for a permit. it was discovered that his deck encroached into the required rear yard by five feet. Initially Mr. Roholt was given the option of correcting the problem or applying for a variance. After considerable discussion relative to the criteria for approving a variance. Mr. Roholt was convinced that a more appropriate way to keep his deck would be to apply for an amendment to the P.U.D. development agreemen~ to reduce the setback. The development agreement for Covington Vine Ridge states that zoning requirements for the P.U.D. will be based on the requirements of the R-1C district. Setbacks for the R-1C district are: front - 35 feet. side - 10 feet. rear - 40 feet and side yard abutting a street - 35 feet. Mr. Roholt's lot is located at 19320 Vine Ridge Road (see Site Location map - Exhibit B. attached). The lot measures approximately 70 feet in width and 135 feet in depth. The deck is shown in relation to the house and lot lines on Exhibit C. A Residential Community on Lake Minnetonka's South Shore 7 . . Re: Covington Vine Ridge P.U.D. Development Agreement Amendment 1 September 1988 ANALYSIS/RECOMMENDATION As discussed with Mr. Roholt. his situation fails to meet the criteria for obtaining a variance. Aside from building without a permit. he purchased a lot too small to accommodate the improvements he desires. Even if a deck were an essential element of a home. the lot is large enough for a deck of equal area. only narrower (8 - 9 feet) and longer. Nor is Mr. Roholt's predicament unique to his property. All lots in Covington Vine Ridge are subject to the same open space requirements. Mr. Roholt is not the first property owner in Covington Vine Ridge to express disagreement with the existing setbacks. At least three other property owners thus far have discovered that their plans to add decks. screen porches. etc. will not work under the current requirement. It is anticipated that as more owners prepare to make such improvements they too may experience difficul ty. While a variance is not appropriate there are two significant factors which suggest that a change in the rear yard requirement is reasonable. First. although Covington Vine Ridge was originally presented to the City as having an overall density of two units per acre. much of the P.U.D. exists as designated wetland. Most of the lots within the project are smaller than 20.000 square feet and many are as small as 10.000 square feet. Consequently. the R-1C setback requirements are out of proportion with the 10.000 square foot lots. Further complicating this problem is the fact that the builder ended up building larger homes than what the developer originally anticipated. Secondly. a similar nearby development. Near Mountain. has lesser setbacks for lots similar in size to Covington Vine Ridge. Ten thousand square foot lots in Near Mountain require only 30 foot setbacks in both front and rear yards. Based upon these factors it is recommended that Mr. Roholt's request be approved. It is worth mentioning that Mr. Roholt has advised us that a petition of Covington Vine Ridge residents will be submitted. the concensus of which supports the change. BJN :ph cc: Dan Vogt Glenn Froberg Jim Norton Mark Roholt - 2 - II . . Au;ust 1, 1988 City of Shorewood 5755 Country Club Road Shorewood, Mn. 55331 To: Brad Nielsen, City Planner/Building Official City Planning Commission City Council Re: Amendment Application Mark and Audrey Roholt 19329 Vine Ridge Road Shorewood, Mn 55331 Thi s appl i cati on fo..... an amendment to change the rear setback from forty feet (40') to thirty five feet (35') is a result of a series of discussions by phone and in person with Brad Nielsen. We would have preferred to apply for a variance asking the City Planning Commission to considered our particular situation. However, Mr. Nielsen convinced us we would have a difficult time claiming hardship associated with a deck, defined as a recreational structure. Our only alternative is this request for an amendment to change the rear setback ordinance. In June of this year we constructed a deck on our property, 19320 Vine Ri dge Road wi thout a bui 1 d i rig per"mi t. We were not aware a permi twas required for a recreational structure that did not alter the main foundation of the home and did not include any mechanica.l modifications such as plumbing, ~lectrical, or heating/cooling. Rotlund Co. Inc., the building contractor, built this house a.s a. "spec" or "model" home. We were not involved in the lot or structural planning but rather purchased the home in an "as is" condition. Last March while negotiating the purchase agreement, we asked the Rotlund sales representative if there was anything unique about the house or the lot we should be aware of. She told us of the ten foot (10') side setback and also gave us a copy of the Home Owners Association bylaws, but did not inform us of the forty foot (40') rear setback. We failed to check with the City of Shorewood concerning zoning restrictions before agreeing to purchase this house. We were most attracted to the ~loor plan of this house because of the large family room and spacious adjOining kitchen. The planned 14x20 foot deck off these two rooms was obviously very important to us, as it was constructed during the first month we occupied the house. The forty foot (40') setback from the rea.... lot line limits us to maintain only a nine foot (9') wide deck. Had we realized this, we would not ha.ve purchased this house on this lot. At this point we are embarrassed by our lack of knowledge concerning city zoning ordinances and building restrictions. We do believe in city building codes and the permit/inspection process. If this application is approved, we are more than willing to pay a penalty fine and make any structural improvements the building inspector finds necessary to meet those bui 1 di ng codes. Exhibit A APPLICANT'S REQUEST LETTER Dated 1 August 1988 'We feel it is importa'to point out if we had ap.ied for a permit before building, as required, and discovered the setback restrictions at that time we would still be involved with this amendment application. We feel very strongly that a forty foot (40') setback on a less than one half acre lot is too restrictive. The city ordinances will allow for other recreational structures such as swimming pools and tennis courts within ten feet (10') of the rear lot line. In conclusion, we feel this deck is constructed properly and aesthetically will enhance the value of not only our home but other homes in the neighborhood. This structure does not physically or visually interfer with the spaciousness of this neighborhood. The City of Shorewood has approved lesser setback requirements in other Planned Unit Development areas with similar lot and house demensions. Very s~y, :?t ROh:l: __~d~ Audrey L. Roholt 19320 Vine Ridge Road Shorewood, Mn. 55331 470-9470 Exhibit A-2 feel Q9 " e,5 JJ .~ 'o~~ 1 .. t-lo (th. (~) (IJ ~A-sr ../ ('J N 0:: .! f:--- .... ~: r<> u ltJ (j) (I~) O.L.'D . I D. fUr oN t1v~<Q ~ "'. : . EL.. ::.. elq .8 . oc= 1;'~..e.L.~"L.qOO-L:5.~..~__.... ~. ct:- ~Te.EeT"&: eA"1.'3 ' ~e..E."c......:o_lOP~G ~.;Z!.~.. ~'.._=--1J~-ek;J'~~c:.I;.~'==~.~:"-' .~~ --.~ . '. ~ -'/' .. .... .:.. .tt a.ro . I, . lCc::n.o ",\-'E.. .'2l~_~ ~l'E.su::~~-t~L.co\:::..oc.JT : I . I ~ ,J sn~E~ - +.7+ 45 -;. o D x 000.0 (000.0) ( Deno\es Iron Monument Denotes Wood Stake Denotes ~Istfng ElevaUon Denotes Proposed Elevation Denotes Direction of Surface Drainage " l. , I, .-: ,./- 50 / () d"/ Q(/ *1 ~\ ~\ ~1 .. .;'. . Proposed Top of Foundation Elevatfo~. .~.S ProposedOarage Floor Elevatlon....~:s.~;.:r . Proposed Lowest Floor Elevation. ...e~l4_~..4. .. I hereby certify that this Is a true and correct representation of a survey of the boundaries of: - LDT ~.l1 "._-~a:'K: ":--+--z:l) \iTR(Q~IqE---t:Lt'D(o'E. And of the location of all buildings, If any, thereon, and all visible encroachments. If any. from or on said land. It also shows the location of the stakes as set for a proposed bulldlng~ As surveyed by'me or under my direct supervision 'this day of .19. land Surveyor, Minn. Reg. No. ~~ . ,.~~ _. McCOMBS-KNUTSON ASSOCIATES. INC. a ,,)?)mf C...."I.. ....allal . u" lua"'UI . 1111 ,un.AI ~.4j~ .: It MIHNlNOI.l1 " ""'CMlNSON. MlNHlSOT A SCAU /",# 40 ' K CERTI FI CA TI f( Exhibit C 81 TE SURVEY 7'577 ',..<;1-- /,' . . ., 1_/ / , COVINGTON VINE RIDGE HOMEOWNERS' ASSOCIATION PETITION IN SUPPORT OF AMENDING REAR SETBACK AUGUST, 1988 Page 1 of 3 The unde~signed ~esidents and membe~s of the Covington Vine Ridge Homeowne~'s Association~espectfully ~equest that the City of Sho~ewood Planning Commission and City Council ag~ee to: Amend fo~ this P.U.D. the ~ea~ setback ~equi~ement f~om not less than fo~ty (40) feet to be amended to not less than thi~ty five (35) feet f~om the ~ea~ lot line. We believe that this amendment would continue to maintain the aesthetic value in the Covington Vine Ridge Development and would be consistent with the setback ~equi~ements in the othe~ simila~ su~~ounding developments. This amendment will enable homeowne~s to const~uct decks which will be balanced mo~e p~opo~tionally with thei~ homes and thus enhance the value of the individual homes as well as that of the neighbo~hood. Respectfully submitted by the following Covington Vine Ridge Homeowne~s' Association membe~s and ~esidents: RESIDENT ju ,J...C, 1~....: .....V..,'-: ADDRESS /' I ..' ..., ' .' L RESIDENT ADDRESS RESIDENT iO . . COVINGTON VINE RIDGE HOMEOWNERS' ASSOCIATION PETITION TO AMEND REAR SETBACK 1. RES I DENT ADDRESS ~ Page 2 of 3 . ! RESIDEN ~ ADDRESS . - m i7v,?!kf'rd. ~~$ RESIDENT ~~:~~~r~ .~ j ADDRESS ~ I/)'- {r-J RESIDENT d1~ ~ ADDRESS { 5' RESIDENT ADDRESS RESIDENT ADDRESS RESIDENT ADDRESS RESIDEN RESIDENT ADDRESS 0 e ADDRESS RES I DENT (;.J.~~AUAI... ~ RES I DENT ADDRESS ~ ~4 ~ U ADDRESS RESIDENT C1r/,it.J-~ f1.1uio RESIDENT ADDRESS -rJi4~qO lr;AO ICI,CI.aR Ro( ADDRESS ~,rt>d M~5S3J RESIDEN1 /~ ,/,' J" ~ I, r-.r RESIDENT ADDRESS 71./5 - ~ ,~' ADDRESS ,rl'1-eW6~~):"'" I 1'S j 5 / RES I DENT ~/-' ~-il- RES I DENT ADDRESS I 40' (..~ d~{L ADDRESS ~~ " 'Jt-t- 5!:3.J I RESIDENT~ ,/~f'~. M-4~~_' . RESIDENT ADDRESS ~_ ~M ADDRESS . !l hA, 5-5.33/ RESIDENT K.aw Pa.".. ,....cuY\/.~"l.. RESIDENT ADDRESS i CfLfd~ L.;~1~ IG..Jr ADDRESS . . 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 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 30 AUGUST 1988 RE: MARCUS DEVELOPMENT CORP. - C.U.P. FOR DRIVE-IN AND CONVENIENCE FOOD/PRELIMINARY PLAT FILE NO.: 405 (88.36) BA<XGROUND In May of this year the City approved a setback variance and conditional use permits for an auto service center with motor fuel sales and an auto car wash (see staff report re: Shorewood Convenience/Service Center. dated 27 April 1988) at 24365 Smithtown Road. Conceptual approval was also given for a convenience food (fast food) facility. subject to City approval of pending detailed plans for the site and building. The developer has now secured an agreement with International Dairy Queen to build a Dairy Queen/Brazier on the site. The site plan (see Exhibit A. attached) has been modified to include a drive-up window on the east side of the building. ANALYSIS/RECOMMENDATION A. Circulation/ParkinR. Parking and circulation on the east half of the site have been revised from the original plan. Twenty spaces have been concentrated in front of the proposed Brazier. Four more spaces have been provided on the west side of the building. The change is intended to accommodate the proposed drive-up window. and the relocation of the County Road 19 driveway which has been recommended by the County Engineer. The change has resulted in a reduction of setback along the east side of the site. Instead of 10 feet. the revised plan proposes five feet on the east side. While this complies with the letter of the Ordinance. it must be realized that it reduces the room for snow storage. The applicant should be aware that all required spaces must be kept open year round. This may require snow to be hauled off site. A Residential Community on Lake Minnetonka's South Shore ~ . Re: Marcus Development C.U.P. Convenience Food/Preliminary Plat 30 August 1988 . The number of spaces required for the proposed use of property is as follows: convenience grocery service station car wash convenience food restaurant dining 1/40 sq. ft. x 800 kitchen 1/80 sq. ft. x 656 takeout 1/15 sq. ft. x 90 total spaces required 8 10 -0- 20 8 6 52 The proposed site plan shows 49 spaces. Technically the plan is short by three spaces. As a practical matter. there is additional space along the northwesterly edge of the paved surface. It is likely that people using the convenience grocery store. if not buying gas. will park there. particularly when the spaces near the restaurant are occupied. It is also worth noting that motor fuel sales and service are considered to be the principal uses of the site with convenience grocery sales considered to be an accessory use. While technically the spaces in front of the pumps do not count as required spaces. realistically most of the store's customers will come from the pumps. Given the limited space between the southernmost pumps and the sidewalk in front of the store. it is recommended that "no parking" signs be posted in front of the building. The Fire Marshall may also want this area posted as a fire lane. Since people tend to want to park as close to the building as possible. this area will have to be patroled regularly to ensure that circulation is maintained. B. Architectural Character. Section 1201.21 Subd. 4a. of the City Code requires. among other things. that the architectural character of fast food restaurants be compatible with other buildings on the site. While it is assumed that Dairy Queen. Inc. will have its own ideas relative to the appearance of the structure. it is recommended that the Dairy Queen architects strive to integrate the design of their building with the service center. Since plans for the building are not available as of this writing. it is recommended that the Council reserve final approval until such time as the plans have been received. C. Preliminary Plat. The property in question currently exists as two parcels. One of the requirements of their building permit is that the two parcels be legally combined. In order to comply with this and to clean up discrepancies in the legal description. the applicant proposes to formally plat the property. The plat. shown on Exhibit B. simply combines the lots into one. Right-of-way for Country Club Road has been dedicated as per the requirement of the original C.U.P. Drainage and utility easements have also been provided as required by the C.U.P. - 2 - . Re: Marcus Development Convenience Food/Preliminary Plat 30 August 1988 . It is recommended that the preliminary plat be approved. Since the plat is relatively simple and is already in the form of a final plat. final plat approval is also recommended. subject to the plat being recorded within 30 days of the applicant's receipt of the certified resolution approving the plat. D. Signage. Signage plans have been received for the auto service center. but not for the Dairy Queen. Once an overall signage plan has been formulated. the applicant must apply for a conditional use permit for multiple signage. The revised plan shows a pylon sign in the northeast corner of the site. This differs from the original plan which showed the sign on the corner. The overall sign plan should comply with the Ordinance which limits freestanding signs to one per site. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Mark Senn - 3 - I ~ 0--- " . . .. --.... ~ I LEbA.L C:CS. It. . f rt of lot 27, A ""-t pall County, _111M 'MIlL 11111 1118 at thl -- ttIallca lOUt... ~7, a .I.tanca 0 of ECIC) .. v -ontacl "1 .. llna c ., tile , II' .. . '" '" .~ / q~:? I c/"'o) , ,~..- L o~. ;~ !.:.' R. -> - ~.,., ~_ 66 .. IV) ,"') -- I:..NN ITION I L_. s. '" I " o. 4 8 ? .... :-: r-I\ III. wDI'" ('n' 11\ l-ry ~-r A-rr:: /\1 r) LJ , f'" I~ \ AfIl.I I !:_'"''IIL.I .11 I 'IUI.~ 'i'" """" .....1" 1 .... I L. ,""\ I.. NW ear- 01 CD lI.' ,. Lot 27, AUDl~'S CD Ie' SUBDIVISION NO, 133 ,... U. I:J , - - -232.17 N 76"43'33" E-- --_ S'ly IVW -. P\.AT 57. -... '.. --- ^ U D -,- ,... R , S H I l) , I L 0 T or S I' a D ro v ...." \.. -.2 - .,J .. 3 Cor. ECHO HILLS f2ND AOOITICJol r- C I ---_ ---165.00--- ----330.00 N 7~59Iod' E---- N'I, line 01 ECHO HILLS 2ND ADDITION ~--:;', C H 0 H I I C".J L_ L_ 2 N !) 1\ r ,.... L THE BASIS FOR THE BEARING SYSTEM IS ASSUMED. o DENOTES IRON MONUMENT o DENOTES HENNEPIN COUNTY RIGHT Of WAY MONIMENT. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: I g 10-1 _l.._--l L-IO I 2 L_L_ Exhibit B PRELIMINARY/FINAL PLAT 40 60 80 I BEING 10 FEET IN WIDTH AND ADJOINING LOT LINES AND 10 FEET IN WIDTH AND ADJOINING STREET LINES, AS SHOWN ON THE PLAT. \LE IN FEET . . . 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 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 31 AUGUST 1988 RE: TRACEY ADDITION - PRELIMINARY PLAT FILE NO.: 405 (88.31) BAO<GROUND Mr. James Bruce, representing Ron Tracey, has requested approval to divide the Tracey prop~rty, located at 5610 Covington Road (see Site Location map Exhibit A, attached). into two lots. The property is zoned R-1A and is also subject to the requirements of the nsn Shoreland District. The property is occupied by Mr. Tracey's existing residence and an old garage located in the southeast corner of the lot. As can be seen on Exhibit B, the garage encroaches approximately 21 feet into the Covington Road right-of-way. The site is quite wooded and characterized by a severe drop in elevation between Covington Road and Christmas Lake - nearly 77 feet. Exhibit B shows the proposed division and how it relates to the topography of the site and the location of the existing house. ANALYSIS/RECOMMENDATION At the direction of this office the proposed division has been prepared as a formal plat. A plat provides more information relative to the site. In this case topography is an important concern. Also, a plat ensures that all property corners will be staked. This is extremely important given the gerrymandered configuration of the lot. Finally, a plat precludes cumbersome legal descriptions which would otherwise result from the oddly shaped lot. While it is not suggested that all lots must be guadrangular, irregularly shaped lots designed only to comply with area or width requirements oftentimes reduce the amount of buildable area on the lot, precluding the owner from making the same kind of use of his property as nearby lots with A Residential Community on Lake Minnetonka's South Shore 9 . . Re: Tracey Addition Preliminary Plat 31 August 1988 more standard configurations. Lot orientation often suffers. For example the proposed lot is technically a lakeshore lot. but is not really oriented to the lake. Even though the proposed house has been placed to provide a lake view. there is no guarantee that the view won't be interrupted in the future by a boat. a satellite dish. a dog kennel. etc. Drainage is also a concern. The new lot will drain across the existing lot. For these and other reasons gerrymandered lot lines are typically to be discouraged. Mr. Bruce has. however. taken care to provide an adequate buildable area for the new lot. Technically. the lot complies with the width. area and setback requirements of the R-1A/S zoning district. As such it is difficult to deny the request under our current regulations. It is recommended that the division be approved subject to the following: 1. The applicant must submit a final plat within six months of the Council's approval of the preliminary plat. 2. The proposed driveways and drainage for the new lot should be subject to review and approval by the City Engineer. 3. The applicant will be required to pay one park dedication fee prior to release of the final plat (credit is given for the existing house). 4. Final plat approval should be contingent upon removal or relocation of the substandard garage which encroaches on the public street. 5. Drainage and utility easements 10 feet along each side of each rear and side lot line must be shown on the final plat. 6. The applicant must submit an up-to-date title opinion (within 30 days) for the property with his final plat. 7. The applicant should advise the City Clerk as to how he wants sewer equalization charges for the new lot assigned to the property. 8. Approval of the plat should be subject to the recommendations of MNDNR. It is further recommended that various aspects of our current ordinances (e.g. definition of lot width. lake frontage requirement. etc.) be studied and potentially revised within the near future. BJN : ph cc: Dan Vogt Glenn Froberg Jim Norton Jim Bruce Ron Tracey - 2 - 4(,./1 Res - .-" . ~ ;:.,-;y- ;fO 'CEMETERY :~" ,'"l OF THE ',,-' ........"'" _y.J I;' V ~ RESURRECTION 5.555 25 ., (10) . CEMETERY " " ) " '. '\ OF THE ~I 1 .... ..~, <ri (11) 5 I- 0'- SECOND \1) J '. ;'..... ADDITION 6vbj~t. -6,-\-,,- " Ghr ,~t~4"l La. 4 "'-. 3 ++z..9f . ; ~ '0 /~:y fllfO} (I) I ;.'1'1 ~~ 2JI.Z' 1j: l~~' ~~ Q;:: ~..~ . =/--7"': F-: .. . ..' . : \It: ~ "/ 1 =.. j .. -., .. .-.. s ... center of MCt~ a, mabll,hed br and.uMd In GlrT_.... _., In fbi\ 4 :--'\ . ,...~.~ c,V ~> ::.,. "'~ Exhibit A SITE LOCATION Tracey - Preliminary Plat . . ./ / 7 -----\ \ \ r\" \ \ I // /~ ~/." <= Q i: .......... 2 Q: . . tttt ~ >-- 0.- r ~ to <jJ 0 h lJ <i M ':t r"( ~ ~ ~ r-C r-- ~ ls) ~ ~ f?~ 0;\ 1\ 1\ )... I v O' .,'" ~ - N ~ -\0 -t ~ ...J -t --- ~~ ..... ~ ,~..' / ... & Exhibit B PROPOSED PLAT , . . 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 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 8 SEPTEMBER 1988 RE: OLMSTED/JOHNSON/ROBERTS - PERMIT FOR INCIDENTAL USE OF THE PUBLIC R.O.W. FILE NO.: 405 (general) Nancy Olmsted. Frances Johnson and David Roberts own property located on the west side of the northern end of Seamans Drive (see Site Locati~n map. attached). Since Seamans Drive has only been paved to Mann Lane. they have requested a permit to construct a driveway along the platted r.o.w. to access their lot. Since there are no immediate plans to extend Seaman's Drive it is recommended that their permit be approved subject to their submitting a survey showing the limits of the r.o.w. and the location of the driveway within the r.o.w. BJN:ph cc: Nancy Olmsted A Residential Community on Lake Minnetonka's South Shore I{) " . . . h .~r7ii lJE-J-...... t) . J ~ MAN\TOU l1-~ ~ ... ~..,. ." .. ",., 10 (If) I . " ... o , .' ~.... ..." .., 4,1 :: . . ~ .... o m - d z .. . LOT (I) 12 8 ~t) , cri .~ · ..Jor' · 1-' 'f:"- -., ..J I~ A ~') l; ti . I. ~ .' lit.' l' . ., (It) I I I VI-) 1 I I . L ". ~ - -- .......: l~ ,- 8 f!4) ~. ~ Ie' , " ".... -"1 -~11 'Svb~~t ~\t~ " -.. hi' 7~.) Pt", tte cl ~.O.\" . 69 , 0) ~ ~- .." _J f , . . " 1 .... iJo~ ~) - I (("1 t?l J ' . J (~) ~ __00-_- ....-.::: ~ ./ c;, u#.. ~ ; I .j I r:: I ~ .. 64 .: ttlP'I ~S~ tl l~) 1- h 1 71 (t) .r. "...., Sit€.; t: , I . . LoUAt.~O V\ Ii 62 ~ r . LUnsOGREIf B ROSCONSTRUCTION . INC. 935 EAST WAYZATA BOULEVARD. WAYZATA, MINNESOTA 55391 . (612) 473-1231 August 31, 1988 Mr. Brad Nielsen Shorewood Zoning Administrator 5755 Country Club Road Shorewood, MN 55331 RE: City Approval to Grade Sweetwater at Near Mountain 3rd Addition Prior to Final Plat Approval Dear Brad: I understand that we can not appear before the City Council for final plat approval of subject subdivision before September 26, 1988, but that we may seek permission to commence grading of the site on September 12, 1988. It is our desire to be able to commence grading of this property at the earliest possible date, and I accordingly ask that this matter be placed on the City Council agenda for September 12th. Please advise if you need any further information pertaining to this request. Very truly yours, LUNDGREN BROS. CONSTRUCTION, INC. /)z~ Ii< Michael A. Pflaum MAP:bf 1/ SHADY ISLAND ASSOCIATION SINCE 1911 President Lowell Arnold Vice President Rob Sotirin Secretary Jack Hansen Treasurer Bonnie Kennedy . . ~"'-I August 29,1988 Mr. Brad Nielsen Shorewood Planning Commission Brad, As secretary of the Shady Island" Association, I would like to appear before the city council at the meeting to be held on September 12, 1988 to discuss the Shady Island bridge project. Our annual meeting was held on Saturday, August 27 1988. At that meeting we discussed at length the published three options. Since the br~dge directly affects the lives of our residents, we would like to share our feelings with the council. Sincerely, Q-dv ;(.H/&?&/V\--- ~Ck R. Hansen, Secretary 5165 Shady Island Road 474-8640 /3 " , . . I ' ". . . -. . , . . ~ . ". . . "." .. . ,:' .'. - .. , 1!J SOUTH SHORE WEEKLY NEWS August 25, 1988 -. '!.' ..... . --. .~...:. . . .'-- .:. ,". :.- :--- ,. ,:Sho.rewood City Council '. partment of Natural Resourc~s (I?NR) '. _' ; From Page 1. _~:..' :', ~ ..:,.., .'. __ _ _.~.- ~crU.s.. Army Corps ?f Engm~ers. ..:--. ~:,7. ':. ~,: ,'; :.,...-. ~:::'~-::':"~:'~~'''''''"''''s.,=~,-~-..;~;,,, ._.Thecostofdemolishingthe bndgeat . --:.-:.::."::-thetrack, 'eneountereddifficUlties m;'-~$ID,OOO-25,OOO is included in the esti-.t . .... . . . .. _"~.obtaining the' contra~t when a police _~:,~mates.There would be an additional ',- ,.'.~:-:'b~~kground check, reconmiended a": \:.cost to build a road MoW?-d the bridge :t..~~'?':'g~t ~ -.~:-::~;'! ~,~.:'l';:~:~, ;:'::-i~::.;:~~g co~tructi~ '. .:::~'~~:~'~.:~f..'~ .1 ...:..:- !'Iri other action at the meeting, CIty ;;:~J!ennepm County wants something ~ :.:,~'-.':,~; Engiiteer.Jim N ortonjiresented three - ~~.done With the bridge. There IS current- oJ . '<"'; ~--., alternatives for improvements to the _.ly a five-ton limit on the bridge and - .' . . .-# _. . . .'.,;..- . -#.1/1 . . .' -. -- _. - ", . : ~'.' --~_. bridge to Shady Island: _.; :~~~:~~ ?(~.~~ ". ..::: .: school buses and garbage frUcks can- _ ..' -~". -,eDemolish the bridge and fill iri the -::""not cross il'-~ :..4:'_'~-:~':l""~~~i~ ~.' . . .~ channel to make a peninsula; estimat- . /~ :.City Administrator Dan V o~ recom- .. . ed cost: $60,000. . . -~. -- '_' :. ..:. . ". .- mended that the city hire the firm of 1 ::.e Demolish the bridge arid replace it Sathe and Associates to find a new fin- ; with a culvert; estimated cost: $60,000- . . . ance director for Shorewood. . Fonner '. "70,000.'.. :., - p -. : '. St. Louis Park City Manager Jim Bri- . . eDemolish the bridge and build a - Pleyer presente4 Sathe's procedures.... 'span bridge; estima~ed cost: $70,000. for filling the positio~ . .~e .most . ~Any action of the city council will .' important thing is to d~velop a: job also require the approval of the De- .' profile," said Brimeye!". ~\.~~.~~ .~ .. . . 2 BID TABULATION BADGER FIELD WATERMAIN AND APPURTENANT WORK PROJECT NO. 88-3 CITY OF SHOREWOOD, MINNESOTA BIDS OPENED: September 9, 1988, 11:30 a.m. ORR-SCHELEN-MAYERON AT THE: Shorewood City Hall l ASSOCIATES, INC. CONTRACTOR BID SECURITY TOTAL BID T & S EXCAVATING INC 5% TRANS AMERIC N $24,755.00 2044 CHAMBERS STREET ST PAUL, MN 55109 F.F. JEDLICKI INC 5% GREAT AMERIC N $23,030.00 14203 W. 62nd STREET INSURANCE EDEN PRAIRIE, MN 55346 , ! I HEREBY CERTIFY THAT THIS ISA , TRUE AND CORRECT TABULATION OF i THE BIDS AS RECEIVED ON: I i DATE September 9. 1988 I BY ~ f: i~.E. l : ~Denotes Corrected FiQure OSM COMH. NO. 4229.00 ~ tJ/ 1 # /' CI'lY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 6 SEPTEMBER 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER Chair Watten called the meeting to order at 7:36 P.M. ROLL CALL Present: Chair Watten; Commissioners Schultz. Spellman. Benson. and Mason.; Council Liaison Stover; Planner Nielsen; Planning Assist. Helgesen. Absent: Commissioners Robertson and Leslie (both excused). APPROVAL OF MINUTES Spellman moved. seconded by Mason to approve the minutes of 2 August 1988 as written. Motion carried unanimously. SIMPLE SUBDIVISION/COMBINATION Mike Newberg - 26265/26175 Birch Bluff Road Planner Nielsen explained the various conveyances proposed between three adjoining properties. He said that the lot line rearrangements will improve the conformity of the lots to current zoning requirements. Spellman moved. seconded by Schultz to recommend to Council approval of the simple subdivision/combination subject to the Planner's recommendations as set forth in his report dated 1 September 1988. Motion carried unanimously. This item will appear on the Council agenda of 12 September 1988. 7:45 P.M. HEARING - NEAR MOUNTAIN P.U.D. - DEVELOPMENT AGREEMENT AMENDMENT Lundgren Bros. Construction - Near Mountain P.U.D. Mr. Michael Pflaum. of Lundgren Bros. Construction. is requesting an amendment to the Near Mountain P.U.D. development agreement to reduce the side yard setback requirement for 1akeshore lots in Near Mountain. The current 20 foot side yard setback was based upon Shorewood's zoning requirements in existence at the time the P.U.D. was approved. Shorewood has since reduced its side yard setback for 1akeshore property to a total of 30 feet with no one side less than 10 feet. and Mr. Pflaum requests that this setback be applied to 1akeshore lots in Near Mountain. Public portion of the public hearing opened at 7:49 P.M. Public portion of the public hearing closed at 7:49 P.M. without comment. Schultz said he is concerned about the loss of open space. and that the reason Shorewood reduced the 1akeshore side yard setback does not apply to such a new development where there is opportunity to conform to the 20 foot setback. Benson noted that Near Mountain has been decreasing its density as it has progressed. providing open space along the way. Spellman said he doesn't feel that development agreements should be changed. Minutes Planning Commission Meeting 6 September 1988 Mike Pflaum building to topography. development. said that some lots are heavily wooded and reducing the setback would allow avoid cutting the nicer. older trees. and to also take advantage of He said the P.U.D. was created to Shorewood's setbacks at the time of its and would be today as well. Schultz said he would consider at 40 foot total with no one side less than 10 feet. Benson moved. seconded by Mason to recommend to Council approval of the amendment reducing the side yard setback for 1akeshore lots in Near Mountain to 30 foot total with no one side less than 10 feet. Motion carried by roll call vote - 3 ayes - 2 nays (Schultz and Spellman). This item will appear on the Council agenda of 12 September 1988. 8:00 P.M. PUBLIC HEARING - COVINGTON VINE RIDGE P.U.D. - DEVELOPMENl' AGREEMENl' AMENDMENT Mark Roholt - Covington Vine Ridge P.U.D. Mr. Roholt. a resident of the Covington Vine Ridge P.U.D.. was present to request that the 40 foot rear yard setback be reduced to 35 feet. The zoning requirements for the P.U.D. were based on the R-IC district (20.000 sq. ft. minimum lot size). However. most of the lots in Covington Vine Ridge are closer to 10.000 sq. ft. (R-ID district). Due to the lot sizes. the building sizes. and current setback requirements. many of the homes are very limited in buildable area where the homeowners would like to build decks. screen porches. additions. etc. A petition from the Homeowner's Association was submitted supporting the request. Public portion of the public hearing opened at 8:23 P.M. David Miller. acting President of the Homeowner's Assoc.. verified that the petition submitted was in fact from the Homeowner's Association the majority of which membership supports the amendment. David Burkholder. resident of Covington Vine Ridge. said that some homeowners would be limited to 2 to 4 foot decks without the change and that would be unfair. Gordon Jenson. Attorney for Rottlund Co. (builder of Covington Vine ~idge). said that the Rott1und Company is also very supportive of the amendment. Public portion of the public hearing closed at 8:38 P.M. Watten noted that swimming pools are an allowable encroachment in rear yards and would be just as intrusive as a deck. Schultz suggested that the setbacks be consistent with the R-ID district (30 front. 35 rear) . Spellman moved. seconded by Mason to recommend to Council to amend the development agreement so that decks are an allowable encroachment into the rear yard setback by five feet. Spellman amended his motion. seconded by Mason to include that any required guard railing not be higher than 42 inches. Motions carried unanimously by roll call vote. - 2 - . Minutes Planning Commission Meeting 6 September 1988 8:15 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT - DRIVE-UP FACILITY AND CONVENIENCE FOOD/PRELIMINARY PLAT Marcus Development Corp. 24365 Smithtown Road In May of 1988 the City gave conceptual approval for a convenience food facility. subject to City approval of detailed plans for the site and building. which is presented now. The proposed tenant is International Dairy Queen/Brazier. The site plan has been modified to include a drive-up window on the east side of the building. Parking and circulation has also been revised to accommodate the drive-up window and relocation of the County Road 19 driveway as recommended by the County Engineer. Planner Nielsen reviewed his report and said that technically the plan is short of required parking spaces by three. however. there is other non-designated (non-striped) parking area available in the northwest corner of the site. The developer said this is legal parking area. but would prefer not to stripe it nor necessarily encourage parking there. Also presented for approval is a preliminary plat of the site which will combine the two parcels and provide for a platted legal description. Public portion of the public hearing opened at 8:53 P.M. Public portion of the public hearing closed at 8:53 P.M. without comment. Watten said he would prefer to eliminate the drive-up window since it conflicts with pedestrian traffic and causes crowding of the site. Schultz asked what alternative there are to not finding the three '~issing" parking spaces. Mr. Senn said there is no alternative. the area of the northwest corner meets the required square footage for additional parking. they would simply prefer to leave it non-striped. Spellman moved. seconded by Benson to recommend to Council approval of the preliminary plat. Motion carried unanimously. Spellman moved. seconded by Benson to recommend to Council approval of the site plan as presented subject to the Planner's recommendations. Motion carried by roll call vote - 4 ayes - 1 nay (Watten). This item will appear on the Council agenda of 12 September 1988. 8:30 P.M. PUBLIC HEARING - SETBACK VARIANCE Greg Tobin - 4960 Rustic Way Mr. Tobin is requesting a setback variance of 12 feet in order to build a garage on his property. Lhe Planner's report illustrated that a garage of the same size as proposed could be located within the buildable area of the lot. Public portion of the public hearing opened at 9:27 P.M. Mr. Tobin said that inspite of the fact that his survey doesn't show it. Woodend Place aligns with the westerly portion of his lot. creating a ~-way intersection and he feels this would be a poor location for a driveway were he to locate his garage in the area suggested by the Planner. He said the excavating has already been done and trees removed from the site he is proposing. He also disputed the accuracy of his survey where it would allow placing the garage at the site suggested by the Planner. - 3 - .. Minutes Planning Commission Meeting 6 September 1988 Public portion of the public hearing closed at 9:32 P.M. Spellman moved to recommend to Council denial of the setback variance. Motion died for lack of a second. Schultz moved. seconded by Mason to table action on this request until the applicant can provide a survey he feels is accurate to the actual topography. tree location. pavement of roads and sidewalks. and show property stakes. Motion carried unanimously. 8:45 P.M. PUBLIC HEARING - PRELIMINARY PLAT - TRACEY ADDITION Ron Tracey - 5610 Covington Road Jim Bruce. representing Ron Tracey. presented a preliminary plat to divide the property into two lots. The property is located in the R-1A zoning district as well as the "S" Shoreland District. The proposed division line meets the zoning requirements such as lot width. minimum square footage. etc.. however due to the location of an existing house the lot line meanders significantly. There also exists on the site a nonconforming garage which encroaches approximately 21 feet into the Covington Road right-of-way which staff recommends _be subject to removal or relocation. Public portion of the public hearing opened at 9:55 P.M. Mr. Bruce presented photographs of the site which illustrates how the topography and vegetationccreate a natural separation along the proposed lot line helping to give it some definition. Mr. Tracey said he would like to leave the existing garage in place. he has a purchase agreement for the lot which includes the garage. James Emmer. owns property directly north. said he is in favor of the subdivision. Public portion of the public hearing closed at 10:06 P.M. Spellman moved. seconded by Schultz to recommend to Council approval of the preliminary plat subject to the Planner's recommendation outlined in his report dated 31 August 1988. Motion carried unanimously. Benson said that study of the Ordinance relating to gerrymandered lot lines. lake frontage. etc. be on the next agenda. MATTERS FROM THE FLOOR None. REPORTS Stover reviewed Council action taken on the previous Planning Commission items. ADJOURNMENT Spellman moved. seconded by Schultz to adjourn at 10:44 P.M. Motion carried unanimously. Respectfully submitted. Patti Helgesen Planning Assistant - 4 - Sathe & Associates, Inc. EXECUTIVE SEARCH CONSULTANTS CITY OF SHOREWOOD FINANCE DIRECTOR PROFILE BACKGROUND/EXPERIENCE: · B.A. degree desirable · 1+ years experience (preferably in small governmental organization). * Good knowledge of finance functions. * "Hands-on" knowledge of computers and software applications. · Knowledge of liquor store bookkeeping. LEADERSHIP /PERSONAL QUALITIES: * Good people skills. · Assertive, yet tactful. · Ability to express feelings and be open about concerns. * Recognize interdependence among departments and the need to be a team player. · Promote professional behavior among city staff. MANAGEMENT STYLE: · Willingness to be a "working" supervisor. · Work closely with all city staff. * Be attentive to detail requirements of the position. · Possess a participative style and be willing to share ideas. ORGANIZA TIONAL EXPECT A TIONS: * Willing to remind Council of spending limitations. * Be aware of working with a small staff and willing to assist during I peak work hours. · Report directly to City Administrator. · Attend one Council meeting per month. · Prepare monthly financial reports for Administrator and City Council. ISSUES/CONCERNS: · Resolve computer issues including payroll, general ledger, and accounts payable. · Transfer utility billing and special assessments to the finance function. · Train staff to provide support for bookkeeping, payroll, and special assessments. · Prepare financing plan for capital improvements projects. · Develop sound investment program. SUNSET RIDGE BUSINESS PARK · 5821 CEDAR LAKE ROAD. MINNEAPOLIS, MINNESOTA 55416.612/546-2100. FAX 612/546-6930 WORLD TRADE CENTER · 30 E. 7TH ST. · SUITE 2260. ST. PAUL, MINNESOTA 55101 .612/224-7000. FAX 612/223-8079 . ~ J~i: '.. . / .' / , COVINGTON VINE RIDGE HOMEOWNERS' ASSOCIATION PETITION IN SUPPORT OF AMENDING REAR SETBACK AUGUST, 1988 Page 1 of 3 The undersigned residents and members of the Covington Vine Ridge Homeowner's Association respectfully request that the City of Shorewood Planning Commission and City Council agree to: Amend for this P.U.D. the rear setback requirement from not less than forty (40) feet to be amended to not less than thirty five (35) feet from the rear lot line. We believe that this amendment would continue to ma~ntain the aesthetic value in the Covington Vine Ridge Development and would be consistent with the setback requirements in the other similar surrounding developments. This amendment will enable homeowners to construct decks which will be balanced more proportionally with their homes and thus enhance the value of the individual homes as well as that of the neighborhood. Respectfully submitted by the following Covington Vine Ridge Homeowners' Association members and residents: RESIDENT ju,J ",C., ~~" '. ....,v...', : ., ADDRESS ;H I '.. ',., i RE.SIDENT ADDRESS RESIDENT # COVINGTON VINE RIDGE HOMEOWNERS' ASSOCIATION PETITION TO AMEND REAR SETBACK -"". ( ~ page/42 ~Of : RESIDEN """, RESIDEN '/1. "\J ADDRESS 'NL , t..ri!1. ADDRESS. _ __ih; .,{I., /Cd. )//L' ''\;/,-' " it ~~~~~~~T7~?y;;i i.;,<'a.~~:,: h ~~~~~~~T ~~,~' ~~, o~ :: ~J' tSl RES I DENT -1iw, l'Zt J'I'<.hr,9 RES I DENT a3",-a ~,'-p-c'''- ADDRESS \C( 9'L \J IN(;:(2.(Ot,e' PD ADDRESS f ~(c5 V,A-<- {~'C~: RA RESIDENT\"~'-~l~ ~ .~. RESIDENT t4IDr~~ - ADDRESS ~5 V~ ~~Q ADDRESS TiS. "?~U\J/IA\. r~ r-i ~ ~i 'ILI .1//,..1, RES I DEN1 .i. RES I DENT . '" l,.:.'\...'\./n--1... ADDRESS /c;rl . U. 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REsoLurIrn AIJIlmIZIro TIlE CI1Y OF SIKJIID\OD 'ID BE JOINED AS A PIAINTIFF IN A lAWSUIT aw..r.EOOIro TIlE aNSTI'IUfIaw:..I1Y OF LAWS OF MINNEsorA 1988, OJAPI'ER 686, SECl'Irn 26 WHERFAS, the Ci ty of Shorewood supports the developnent of a reasonable regional park on Lake Minnetonka, but not that which is identified in the master plan approved by the Metropoli tan Council; and WHERFAS, the City of Shorewood is aware that the City of Minnetrista has conducted good-faith negotiations with the Suburban Hennepin Regional Park District regarding the developnent of a regional .park on Lake Minnetonka; and WHERFAS, the City of Shorewood is aware that said negotiations have been unsuccessful to date; and WHERFAS, the City of Shorewood encourages further negotiations between the City of Minnetrista and the Suburban Regional Park District regarding the developnent of a regional park on Lake Minnetonka; and WHERFAS, during 1988, the Legislature of the State of Minnesota enacted Laws of Minnesota 1988, Chapter 686; and WHERFAS, Section 26 of that statute authorizes the Suburban Hennepin Regional Park District to acquire, by purchase, gift, or eminent domain, and without the consent or approval of the City of Minnetrista, real property in accordance with a master plan for a Lake Minnetonka regional park; and WHERFAS, pursuant to Resolution No. 82-88, passed on July 11, 1988, the City of Shorewood detennined to -support the City of Minnetrista in its challenge to Laws of Minnesota 1988, Chapter 686, Section 26, as an unconstitutional act~ and WHERFAS, the law finn of Briggs and LVbrgan, P.A., 2400 IDS Center, Minneapolis, Minnesota 55502, on behalf of certain private citizens and the City of Minnetrista, is already prepared to commence a constitutional challenge to Laws of Minnesota 1988, Chapter 686, Section 26. lOV, 1lIEREFORE, BE IT RESOLVED by the City Council of the Ci ty of Shorewood as follows: 1. That the City of Shorewood shall be joined as a plaintiff in a lawsuit challenging the constitutionality of Laws of Minnesota 1988, Olapter 686, Section 26, together with the City of Minnetrista and other private citizens who may join that lawsuit, provided that anyamendnents to the Corrplaint in the above-mentioned lawsuit shall not be made without the approval of the City. 2. That the City of Shorewood shall retain the law finn of Briggs and lVbrgan, P .A., to represent it in the above-mentioned lawsuit. AIX>PIED BY TIm CIlY a>uNCIL of the Ci ty of Shorewood this 12th day of September, 1988. Robert Rascop, Mayor ATrEST: Sandra L. Kennelly, City Clerk Roll Call Vote: Ayes: Nays: