092208 CC Reg AgPCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, SEPTEMBER 22, 2008
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
5735 COUNTRY CLUB ROAD
SOUTHSHORE CENTER
7:00 P.M.
Mayor Lizee
Woodruff
Turgeon
Bailey
Wellens
B. Review Agenda
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, September 8, 2008 (Att.- Minutes)
3. CONSENT AGENDA -Motion to approve items on Consent Agenda & Adopt Resolutions
Therein:
NOTE: Give the public an opportunity to request an item be removed from the
Consent Agenda. Comments can be taken or questions asked following removal from
Consent Agenda.
A. Approval of the Verified Claims List (Att.- Claims List)
B. Absentee Ballot Board (Att. -Deputy Clerk's memorandum, Resolution)
C. Adopt the 2008 S-3 Supplement to the Code of Ordinances for the City of Shorewood
(Att. -Deputy Clerk's memorandum, Ordinance, Resolution)
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
5. REPORTS AND PRESENTATIONS
A. Report on Lake Minnetonka Communications Commission activities by Representative
Patrick Hodapp
6. PUBLIC HEARING
A. Vacate Undeveloped Rights-of--Way of Sunset Lane and Orchard Lane (Planning
Director's memorandum)
CITY COUNCIL REGULAR MEETING AGENDA -SEPTEMBER 22, 2008
PAGE 2 OF 2
7. PARKS -Report by Representative
A. Report on Park Commission Meeting Heid September 16, 2008 (Att. -Minutes)
8. PLANNING -Report by Representative
A. Minor Subdivision Att. - (Att. -Planning Director's memorandum)
Applicant: Mike Seifert
Location: 6085 Lake Linden Drive
B. Minnewashta Elementary School CUP (Att. -Planning Director's memorandum)
Applicant: Minnetonka Sc11oo1 District 276
Location: 26410 and 26550 Smithtown Road
C. Final Plat -Petrov Rearrangement (Att. -Draft Resolution)
Applicant: Karen Petrov
Location: 4845 and 4865 Suburban Drive
D. Setback Variance Att. - (Att. -Planning Director's memorandum)
Applicant: Robert Thomson
Location: 5050 Suburban Drive
9. GENERAL/NEW BUSINESS
10. ENGINEERING/PUBLIC WORKS
A. Change Order No. 2 for Lift Station 12, City Project 06-01 (Att. -Engineer's
memorandum, Resolution)
B. Accept Bids and Award Contract, SE Area Water Tower Rehabilitation, City Project
OS-04 (Att. -Engineer's memorandum, Resolution)
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
1. City Hall Construction Update
B. Mayor & City Council
12. RECESS TO EXECUTIVE SESSION -LITIGATION
13. ADJOURN
SHOREWOC
5755 COUNTRY CLUB ROAD ®SHOREWOOD, MINNESOTA 55331-8927 ®(952) 474-3236
FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us
Executive Summary
Shorewood City Council Regular Meeting
Monday, 22 September, 2008
6:00 P.M. -Council Worksession
Agenda Item #3A: Enclosed is the Verified Claims List for Council approval.
Agenda Item #3B: The Absentee Ballot Board consists of at least two election judges of
different political parties. For the past three elections, about 8 election judges served in
this capacity. Election judges have indicated to staff that it is very helpful to have the
majority of the absentee ballot process completed prior to Election Day, as it saves a lot
of time on Election night. State Statute has given municipalities the authority to establish
an Absentee Ballot Board by resolution for this purpose. A draft resolution establishing
an Absentee Ballot Board to "accept" and "reject" absentee ballot envelopes is provided
for Council consideration. It is anticipated that the Absentee Ballot Board will meet on
the Saturday prior to Election Day.
Agenda Item #3C: Approval of the third supplement (S-3),to the City Code Book, which
includes all Ordinances through No. 447, is technically needed to formalize their
codification. American Legal Publishing has provided the replacement pages to the City
Code Book for this third supplement. Council action includes Adoption of an Ordinance
to enact and adopt the 2008 S-3 Supplement to the Shorewood City Code Book, provided
by American Legal Publishing Corporation; and Adoption of a Resolution approving a
summary publication of said Ordinance.
Agenda Item #SA: Lake Minnetonka Communications Commission (LMCC) representative
Patrick Hodapp will be present this evening to provide a report on LMCC activities.
Agenda Item #6A: Last month the City approved a preliminary plat for Karen Petron (Petron
Rearrangement). As mentioned at that time the Petrons request the vacation of Sunset
Lane on the north side of their property and a portion of Orchard Lane that abuts their
property on the south. Both vacations are consistent with what staff has recommended.
We have received correspondence from the Amesbury Homeowner's Association,
favoring the vacation of Sunset Lane. It is recommended that staff be directed to prepare
resolutions vacating the street rights-of--way as requested. The resolution will come back
to the Council on 13 October.
Agenda Item #7A: Park Commissioner Josh Trent will report on the September 16, 2008 Park
Commission meeting.
os
~®a® PRINTED ON RECYCLED PAPER
Executive Summary -City Council 1VIeeting of 22 September, 2008
Page 2 of 2
Agenda Item #8A: Mike Seifert has requested a minor subdivision for his property at 6085
Lake Linden Drive. The Planning Commission reviewed the request and recommended
approval subject to staff recommendations and also that a detailed driveway easement
and maintenance agreement be provided by the developer. Staff should be directed to
prepare a resolution for adoption at the 13 October Council meeting.
Agenda Item #8B: Minnetonka School District representatives have requested a conditional
use permit for Phase II of the Minnewashta Elementary School expansion. As you are
aware, the Phase I approval last spring conditioned Phase II approval on resolved parking
and drainage issues. These have been addressed by the District's purchase of two lots
immediately to the west of the existing parking lot. The Planning Commission held a
public hearing and voted to recommend approval of the C.U.P., subject to staff
recommendations. The Council should direct staff to prepare a resolution for adoption at
the 13 October meeting. In the mean time, staff recommends that the District be allowed
to commence with site preparation work in order to try and get as much work done this
fall as possible.
Agenda Item #8C: Karen Petron has requested approval of a final plat for her Petron
Rearrangement. Subject to her submitting a driveway easement and maintenance
agreement and a conservation easement, staff recommends approval of the final plat. A
draft resolution has been provided for your consideration.
Agenda Item #8D: Robert Thomson has requested a variance to construct a driveway within
the 16-foot wide portion of his lot on Suburban Drive. He and his neighbor to the south
currently share a driveway that straddles their common property line. They apparently
have been unable to come to terms on some sort of easement arrangement. The Planning
Commission struggled with this matter, finally determining that Mr. Thomson does, in
fact, have a hardship and that a variance is in order. Since the meeting, the neighbor to
the south has come to dispute the survey submitted by Mr. Thompson and has asked the
Council to continue the matter while he has his own survey made. The applicant has
already been sent a 60-day letter advising him that the request may take until 1 November
to be acted upon. If the Council does grant the neighbor's request for continuance, it is
recommended that the new information be received no later than 17 October in order to
have the matter heard at the 27 October Council meeting.
Agenda Item #10A: On July 23, 2007, the City Council awarded the contract for the
Rehabilitation of Lift Station #12 Project to Engineering and Construction Innovations,
Inc. The project has been constructed and the neighbors have asked for the vent pipe to
be relocated. Staff recommends approval of a resolution that approves Change Order No.
2 to relocate the vent pipe, in the amount of $2,500.00.
Agenda Item #lOB: Bids were received, opened, and tabulated on Sept. 17t" for the SE Water
Tower Rehabilitation project. Classic Protective Coatings is the lowest bidder with a
total bid of $378,000.00. The total for this project exceeds the 2008 budget amount. Staff
recommends approval of a resolution that awards a contract of $378,000.00 to Classic
Protective Coatings.
CITY OF SHOREWOOD 5735 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING SOUTHSHORE CENTER
MONDAY, SEPTEMBER 8, 2008 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Lizee called the meeting to order at 7:00 P.M.
A. Roll Call
Present. Mayor Lizee; Councilmembers Bailey (arrived at 7:04 P.M.), Tnrgeon, Wellens and
Woodruff; Attorney Keane; City Administrator Heck;`Finance llirectar Burton; Planning
Director Nielsen; Director of Public Works Brown; and Engineer Landini
Absent: None
B. Review Agenda
Tnrgeon moved, Woodruff seconded, approving the agenda as presented. Motion passed 4/0.
2. APPROVAL OF MINUTES
A. City Council Work Session Minutes, August 25, 2008
Tnrgeon moved, Wellens seconded, Approving the City Council Work Session Minutes of August
25, 2008, as presented. Motion passed 4/0.
B. City Council Kegular Meeting :Minutes, August 25, 2008
Woodivff moved, Wellens seconded, Approving the City Council Regular Meeting Minutes of
August 25, 2008, as presented. IVlotion passed 4/0.
3. CONSENT AGENDA
Mayor Lizee reviewed the items on the Consent Agenda.
Wellens moved, Turgeoi~ seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein.
A. Approval of the Verified Claims List
B. Authorize Expenditure of Funds for Amesbury Well Removal
Councilmember Woodruff clarified that the Amesbury Well is not being removed; maintenance is being
done on the Well.
Motion passed 4/0.
Vin..
S~IOREWO®1) CITI' COUNCIL 12EG>!JI,AR 1~'tEETING MINUTPS
September 8, 2008
Page 2 of 6
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. REPORTS AND PRESENTATIONS
None.
6. PUBLIC HEARING
None.
7. PARKS
Director Brown stated there had not been a Park Conul~ission meeting since the last regular Council
meeting. The next meeting is scheduled for September 16, 2005.
8. PLANNING -Report by Representative
Director Nielsen stated there had not been a Planning Commission meeting since the last regular Council
meeting. The next meeting is scheduled for September 16, 2008.
9. GENERAL/NEW BUSINESS
Councihnember Bailey arrived at 7:04 P.M.
A. 2009 General Operating Proposed Budget
Finance Director Barton stated the 2009 Proposed General Fund Operating Budget for review and
approval this evening is the result of Council and Staff work-sessions on June 23~d, August 4`~', August
11`x' and August 25`x', 2008. Council and Staff began their budget work with a first draft that contained a
zero percent tax levy increase. During subsequent work sessions, Council and Staff closely reviewed all
aspects of the preliminary 2009 General Pand Budget, and carefully increased or decreased various
components of the budget when additional information became available.
Burton then reviewed the highlights of the 2009 General Fund Operating Budget.
Burton stated levy limits are in place for the City for 2009 - 2011 The levy limit law allows for "special
levies" for specifically identified exceptions such as debt service on bonds. Special levies are added to
the base tax levy.
Burton explained the City's 2009 base allowable levy is $4,225,960; an increase of $169,043 (or 3.9
percent) over the 2008 base tax levy. The 2009 Proposed Budget contemplates a total tax levy of
$4,843,580; an overall increase of 5.02 percent over the 2008 total tax levy of $4,611,995. Special levies
for debt service comprise $61.7,620 of the total tax levy.
Burton then explained revenues from fees, licenses, and permits were expected to remain relatively
stable; building permit revenue is expected to decline. The budget proposes using $160,000 in General
SHOREWOOD CI'I'I' CCDIJNCIL 12EGUL,AI2 MEE'T'ING MINUTES
September 8, 2008
Page 3 of 6
Fund reserves (in addition to tax and fee revenue); the use of reserves is in accordance with the adopted
General Fund Reserve Policy. Transfers to Capital improvement funds are programmed at $960,000 for
2009 (an increase of $15,000 from 2008); the increase is to the Park Capital Improvement Fund for park
projects and enhancements.
Burton went on to explain the key 2009 General Fund expenditures, not including capital transfers, are
programmed at $4,610,850 which reflects an approximate 5.4 percent increase from 2008. The key
expenditures are: police expenditures increased approximately $64,500 (or 6 percent); the debt service
component included in the Municipal Building Department for repayment of the bonds issued in 2008 to
renovate City Hall; an increase in motor fuel costs (in particular for Public Works); salary adjustments
(budgeted salaries include a 3 percent economic adjustment for non-union employees and a 2 percent
increase in January and July for union employees) and insurance adjustments (total insurance premiums
are estimated to increase 10 percent with the City's portion of a full-time employee's insurance cost
proposed to increase to $800 per month; $30,000 for potential merit:: increases; and, a contingency line
item representing the unallocated levy available in the amount of $132,288 in the Mayor and Council
Department pending disposition.
Burton noted Council can continue to have budget work sessions throughout the fall. 'hhe Pay2009
Proposed Tax Levy can be decreased after it is certified, but it can not be increased, She stated the City
has received preliminary information from Hennepin County indicating the City's tax base would
increase approximately 4 percent for Pay2009 taxes.
Burton stated Staff recommends the Truth-In-Taxation process be followed as usual, using the timetable
and procedures set in place for the past few years. 7~he Pay2009 Proposed 'l'ax levy has to be certified no
later than September I5, 2008. The State Legislature designated Monday, December I, 2008, as the
suggested date the Truth-Tn-"l~axation public hearing be held. If necessary, a continuation hearing would
be held on December 8, 2008. The City Council would approve and adopt the final budget on December
8, 2008.
Burton then stated Staff recommends Council approve the resolution "Setting the 2009 Proposed General
Fund Budget and the Proposed ?008 Property "(,ax bevy, Collectible in 2009". Staff will then certify this
budget and levy as requirement before the September 15, 2008, deadline.
Councilmember Woodruff stated the August 25, 2008, City Council was video recorded and it is
accessible on the Lake Minnetonka Communications Commission's website. During that work session
the draft 2009 General Fund Budget was again discussed and he encouraged people interested in the
details of the budget to view that work session. He reiterated some of the statements made by Director
Burton. He then stated he frill well expected the adopted 2009 General Fund Budget to reflect an increase
which is well below the 39 percent levy limit (not including the special levies), and with the special
levies included perhaps considerably well below 3.9 percent. He commented the City has until December
15, 2008, to certify the Pay2009 total tax levy and 2009 General Fund Budget to Hennepin County. He
stated the proposed budget includes the use of General Fund reserves (for things such as roadway
improvements), as was done in 2007 and 2008; the City had accumulated more reserves than needed
based on State guidelines and the recommendation of the City's auditor. There was a modest increase to
the General Fund reserves after 2007 year-end.
Mayor Lizee thanked Councilmember Woodruff for his comments. She stated a copy of the proposed
2009 General Fund Budget is on file at the City for residents to review. .
sxoREwo®D C~T~ C®UNCiL REGULAR mEETING ~INUTEs
September 8, 2008
Page 4 of 6
Woodruff moved, Bailey seconded, Adopting RESOLUTION NO. 08-061, "A Resolution Setting
the 2009 Proposed General Fund Budget and Approving the Proposed 2008 Property Tax Levy
Collectible in 2009." Motion passed 5/0.
B. Set Truth-in-Taxation Hearing Dates
Turgeon moved, Wellens seconded, Adopting RESOLUTION NO. 08-062, "A Resolution Setting
the Truth-In-Taxation Public Hearings on the Proposed 2009 Budgets and the 2009 Property Tax
Levy." Motion passed 5/0.
C. Authorize Expenditure of Funds for a Bench at Gideon Glcn
Director Nielsen explained in 2000 the City purchased the property now known as Gideon Gien as a
conservation open space with financial assistance from the Minnehaha Creeh Watershed. District
(MCWD). He explained Tom Simms, the seller of the properly.. sold the land to the City for a reduced
price; in return he received credits for partially gifting the land. As part of the purchase agreement the
City agreed to install a memorial bench recognizing the contribution from the Simms family to the
Gideon Glen project. Installation of the bench is one of the last remaining items to be completed as part
of the project; there are also some maintenance issues.
Nielsen stated no specific money was budgeted for the purchase and installation of the bench. Therefore,
Staff requests authorization to cover anot-to-exceed amount of $ I ,000 out of the Storm Water Utility
Fund, noting Staff thinks the cost will be less than that. Miles DeIF3usso, a resident Boy Scout, will
donate some free labor to this project for his Eagle Scout project. Alter the bench is installed, Staff
proposes Mr. DelBusso attend a Council meeting to receive recognition for his work. He commented that
its Staff's desire to have the bench installed this month.
Nielsen then stated .Staff and Mr. Simms agreed to the following language for a small plaque to be
mounted on the bench: "[n appreciation to the Thomas Simms Family for its contribution to the Gideon
Glen project."
Director Brown stated Staff had discussions about expanding the scope of Mr, DelBusso's project or
having other Boy Scouts do a project to catalogue the planting tubes and document the state of each
planting (i.e., did the plant survive or does it need to be replaced). He explained the maintenance
agreement with the MCWD for the Gideon Glen area is coming do and the City needs to have
appropriate documentation of the status of the plantings in the area.
Councilmember Turgeon stated the entrance area needed to be improved. Director Nielsen stated the City
had been told it would take ? - 3 years for the plantings to become established. Turgeon stated there was
mold in some of the tubes. There appeared to be more weeds than trees visible in the tubes and it was
difficult to determine what was in some of the tubes.
Mayor Lizee stated the MCWD had previously stated it would provide the Council with update reports
on the status of the plantings. She. suggested the MCWD make a site visit to the Gideon Glen area and
report back to Council. She commented that the Rotary had worked with the City of Excelsior to install a
bench at the War Memorial in Excelsior.
Councilmember Woodruff stated he was okay with the bench, but he was astounded with the not-to-
exceed cost of $1,000. He questioned who will decide where the bench will be located, and suggested the
SHOREV6'OOD CITY C®UNCII, REGULAR MEETING MINUTES
September 8, 2008
Page 5 of 6
entrance area as one possibility. He then had Staff run a slide show of pictures he took of the Gideon
Glen area over the past weekend. The pictures showed the following: an area where there is a stagnant
pond where people have thrown tires near that pond, and the area to the west of the pond eroding; four
areas with tubes some of which included plantings and others did not; an area where there is a metal
fence post and silt fence that should have been removed; other areas where there is silt fence that should
have been removed; and an area with a dead deer.
Mayor Lizee asked Councilmember Woodruff if he had shared his findings with the MCWD, to which
Woodruff responded he had only taken the pictures two days ago.
Councilmember Woodruff suggested Staff meet with the MCWD to dcCne maintenance responsibilities.
In response to a question from Councilmember Wellens, Director Nielsen stated the only outstanding
expenses for the project were for the bench and a sign.
In response to a question from Co~meilmember Bailey, Director Nielsen stated Mr. DelBusso will receive
supervision.
Woodruff moved, Bailey seconded, authorizing the expenditure of funds out of the Storm Water
Utility Fund for the purchase and installation of a memorial bench at Gideon Glen recognizing the
Thomas Simms Family for an amount not-to-exceed $1,000.
Administrator Heck stated when an Eagle Scout project was done in Lauderdale the Scout received
supervision from a Senior Scout Master and got signoff from the sponsor,
Director Brown explained because the MCWD let the construction contract for the project the MCWD
and the contractor are responsible for many of the items just discussed. Staff will contact the MCWD.
Motion passed 5/0.
10. ENGINEERING/PUBLIC WORKS
Director Brown explained Staff has had a number of meetings with regard to the SE Area Water Tower
rehabilitation, The cellular carriers with antennas on the Tower will likely bring in temporary cellular
facilities called cellular on wheels. The City will communicate what the public should expect to see
during the project via the City's web page and newsletter. People will begin to see fairly dramatic
changes in the area of the Tower in the near future. He will have a slide presentation for the next Council
meeting. He noted this will be a fast paced project.
Engineer Landini stated roadway striping should being sometime during the week
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
1. City Hall Construction Update
Administrator Heck stated City Hall construction will begin this week, in particular with drain the work.
He then stated the City had received the Lake Minnetonka Communications Commission's proposed
SHOREWOOD CITI' C®UIYCII, 12EGiJLAI2 NIEE'TING MINU'T'ES
September 8, 2008
Page 6 of 6
2009 budget. Ne went on to state there will be a closed door session at the next Council meeting with
George Hoff regarding law suits. Attorney Keane stated the City received the order and judgment in
favor of the Upper Minnetonka Yacht Club on the claims it brought against the City. The District Court
ruled and held invalid the City's amendment to the UMYC's conditional use permit. The UMYC did not
prevail on its federal 1983 claim. The City's defense counsel will provide a complete report at the next
City Council regular meeting.
B. Mayor & City Council
Couneilmember Woodruff stated he expected the last meeting of the Association of Metro Cities on
revenue and taxation policies to be held on September 9, 2008. He explained Administrator Heck had
forwarded copies of the draft policies to the Councilmembers and tie asked if the Councilmembers had
any feedback. He received none. He stated the Cotmcil will have an opportunity to vote on the entire
package at a later date.
Mayor Lizee stated she had attended a very successful Apple Da}~ event in Excelsior on September 6,
2008.
12. ADJOURN
Turgeon moved, Woodruff seconded, Adjourning the City Council Regular Meeting Session
Meeting of September 8, 2008, at 7:33 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorde~•
ATTEST:
Christine Lizee, Mayor
Brian IIeck, City Administrator/Cleric
PAYABLES APPROVALS
For 09/22/2008 Council Meeting
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Michelle T. Nguyen, Sr Accounting Clerk
Reviewed by:_
Bonnie Burton, Finance Director
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Approved by: ~- ~ -°~ ~
Brian H~~ ty Administrator
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PAYROLL APPROVALS
For 09/22/2008 Council Meeting
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Prepared by: _. ~-. Date: g £
Michelle T. Nguyen, Sr. Accounting Clerk
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Reviewed by: ~ .~ ate: ~:
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Bonnie Burton, Finance Director
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Approved by:. _ Date: ~"~
„~r~B`rian I~e~k, ~ity`Administrator
S~:'KGWOOD
5755 COUNTRY CLUB ROAD ®SHOREWOOD, MINNESOTA 55331-8927 ®(952) 474-3236
FAX (952) 474-0128 ®www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us
MEMORANDUM
DATE: September 15, 2008
TO: Mayor and City Council
FROM: Jean Panchyshyn, Deputy Clerk
CC: Brian Heck, City Administrator/Clerk
RE: Resolution Establishing an Absentee Ballot Board
Staff is requesting the establishment of an Absentee Ballot Board for the purpose of preliminary
accepting and rejecting of absentee ballots prior to Election Day. An Absentee Ballot Board has
been established for the three General Elections. In past elections, as many as 500 absentee
ballots were processed by the Ballot Board on the Saturday prior to Election Day.
During the process of "accepting" and "rejecting" absentee ballots, election judges examine and
compare the absentee ballot application to the absentee ballot return envelope. The envelope
would be marked "Accepted" if the following requirements are met:
(1) the voter's.name and address on the return envelope are the same as the information
provided on the absentee ballot application;
(2) the voter's signature on the return envelope is the genuine signature of the
individual who made the application for ballots and the certificate has been completed as
prescribed in the directions for casting an absentee ballot, except that if a person other
than the voter applied for the absentee ballot under applicable Minnesota Rules, the
signature is not required to match;
(3) the voter is registered and eligible to vote in the precinct or has included a properly
completed voter registration application in the return envelope; and
(4) the voter has not already voted at that election, either in person or by absentee
ballot.
.'
s®«® PRINTED ON RECYCLED PAPER
~~
September 15, 2008
Re: Resolution Establishing an Absentee Ballot Board
Page Two
There is no other reason for rejecting an absentee ballot. In particular, failure to place
the ballot within the security envelope before placing it in the outer white envelope is not
a reason to reject an absentee ballot.
If all or a majority of the election judges examining return envelopes find that an
absent voter has failed to meet one of the requirements prescribed in clauses (1) to (4)
above, they shall mark the return envelope "Rejected," initial or sign it below the word
"Rejected".
By following this procedure, the absentee ballot secrecy envelopes are not opened (the absentee
ballots remains sealed in the secrecy envelope until Election Day). On Election Day, the
Election Judges finish processing the absentee ballots. The final step in the process is to check
the Polling Place Roster to be certain the voter did not vote in-person. The Election Judges will
mark an "AB" in the Roster to identify the person voted by Absentee Ballot. If the voter did vote
in-person, the Absentee Ballot is then rejected.
Establishing an Absentee Ballot Board
Election judges have indicated to staff that it is very helpful to have at the majority of the
absentee ballot process completed prior to Election Day, as it saves a lot of time on Election
night. State Statute has given municipalities the authority to establish an Absentee Ballot Board
by resolution for this purpose. Attached is a draft resolution establishing an Absentee Ballot
Board to "accept" and "reject" absentee ballot envelopes during the 30 days prior to the General
Election. It is anticipated that the Absentee Ballot Board will process Absentee Ballots on the
Saturday prior to Election Day.
COUNCIL ACTION
Motion to Adopt a Resolution establishing an Absentee Ballot Board for the 2008 General
Election on November 4, 2008, composed of at least two election judges of different political
parties, appointed by the Deputy Clerk, with Absentee Ballot Board members compensated at the
same rate as election judges.
CITY OF SHOREWOOD
RESOLUTION NO.08-
A RESOLUTION ESTABLISHING AN ABSENTEE BALLOT BOARD FOR THE
2008 GENERAL ELECTION
WHEREAS, the City Hall serves as an absentee ballot center for the residents of
Shorewood; and
WHEREAS, State Statute Section 203B.13, Subd 1 provides that an Absentee Ballot
Board may be established by the City Council to facilitate the absentee process for an upcoming
election;
WHEREAS, State Statue Section 203B.13, Subd. 2 provides that if an absentee ballot
envelope has been rejected at least five days before the election, the ballots in the envelope must
be considered spoiled ballots and the official in charge of the Absentee Ballot Board shall
provide the voter with a replacement absentee ballot and return envelope in place of the spoiled
ballot;
NOW, THEREFORE BE IT RESOLVED that the Shorewood City Council hereby
establishes an Absentee Ballot Board to receive, examine, and validate absentee ballots. This
process of examining the return envelopes and marking them "accepted" or rejected" may begin
at any time during the 30 days before Election Day;
BE IT FURTHER RESOLVED by the Shorewood City Council that:
A. A Board of at least two election judges of different political parties shall be
appointed by the Deputy Clerk.
B. Absentee Ballot Board members shall be compensated at the same rate as an
election judge for their services.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd
day of September, 2008.
ATTEST:
Christine Lizee, Mayor
Brian Heck, City Administrator/Clerk
SHOREWOOD
5755 COUNTRY CLUB ROAD ®SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236
FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us
MEMORANDUM
DATE: September 18, 2008
TO: _ a.
Mayor and Council Members
FROM: Jean Panchyshyn, Deputy Clerk ~ i~
CC: Brian Heck, City Administrator
RE: CITY CODE BOOK SUPPLEMENT S-3
On November 22, 2004, Council adopted Ordinance No. 409, which approved the Municipal
Code Book recodification provided by American Legal Publishing and the League of Minnesota
Cities. With this recodification, the Code Book was current through Ordinance No. 401 passed
on February 23, 2004. Two supplements have been completed since the initial recodification.
These two supplements included Ordinance No's 402-433.
At its Apri128, 2008, meeting, Council authorized to proceed with the third supplement (S-3) of
the City Code Book, at a cost not-to-exceed $2,800. The third supplement (S-3) to the City Code
Book includes Ordinance No.'s 434 - 447. American Legal Publishing has provided 40 copies of
the replacement pages to the City Code Book for this third supplement (S-3). The attached
Exhibit A provides an outline of the sections/pages of the Code Book that have been updated.
The total cost for 114 pages of S-3 was $2,065. The cost for the on-line searchable Folio format
is $220, for a total of $2,285. One additional charge of $200 will be due in October-this is the
annual fee to host the Code Book on American Legal's website. The total of these three charges -
$2,485 - is under the not-to-exceed amount of $2,800.
The attached Ordinance accepts the replacement pages, which includes all of the ordinances
approved during 2007 and early 2008. (Ordinance No's 434-447), for the City Code Book.
The Code Book is available on the City's web site in a searchable format, by a link to American
Legal Publishing Corporation.
Council Action
Adoption of an Ordinance to enact and adopt the 2008 S-3 Supplement to the Shorewood City
Code Book, provided by American Legal Publishing Corporation; and
Adoption of a Resolution approving a summary publication of said Ordinance.
r®p® PRINTED ON RECYCLED PAPER
s ..
cITY of SHOREwooD
ORDINANCE NO.
AN ORDINANCE ENACTING AND ADOPTING THE 2008 S-3 SUPPLEMENT TO THE
CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA
WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the
third Supplement to the Code of Ordinances of the City of Shorewood, which supplement
contains all ordinances up through and including Ordinance No. 447 of a general and
permanent nature enacted since the prior supplement of the Code of Ordinances of the
City of Shorewood; and
WHEREAS, it is the intent ofthe City of Shorewood to accept these updated sections, as
outlined in the attached Exhibit A;
NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains:
Section 1. That the third supplement to the Code of Ordinances of the City of Shorewood as
submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby
accepted.
Section 2. This ordinance adopting the 2008 S-3 Supplement to the Code of Ordinances shall
take effect upon publication in the City's official newspaper.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 22nd day of
September, 2008.
ATTEST:
Christine Lizee, Mayor
Brian Heck, City Administrator/Clerk
SHO WOOD, MI SOTA
Instrueti®n Sheet
2008 5-3 Supplement
REMOVE OLD PAGES INSERT l~1EW PAGES
Title page Title page
Publisher's Acknowledgment Publisher's Acknowledgment
ADOPTING ORDINANCE
-- 5, 6
TABLE OF CONTENTS
1, 2 1, 2
TITLE 200: BOARDS AND COMMISSIONS
201-1 through 201-4 201-1 through 201-4
TITLE 400: LIQUOR REGULATIONS
400-1 through 404-2 400-1 through 402-2
TITLE 600: POLICE REGULATIONS
610-5 through 610-8 610-5 through 610-8
TITL E 900: PUBLIC RIGHT-OF-WAY AND PROPERTY
901-1 through 901-6 901-1 through 901-30
904-9, 904-10 904-9 through 904-1OB
TITLE 1200: ZONING AND SUBDIVISION REGULATIONS
1201-136A through 1201- 136D 1201-136A through 1201-136D
1201-149, 1201-150 1201-149 through 1201-150B
TITLE 1300: MUNICIPAL FEES
1301-1 through 1301-10 1301-1 through 1301-12
PARALLEL REFERENCES
3 through 8 3 through 8
13, 14 13, 14
17, 18 17, 18
21 through 28 21 through 28 Exhibit A
SII® ~'®~D, ii~Ii SG'I'A® II~STI~IJ~TIt~I~ SIIEET
I2EIVIGVE ®LD PAGES
I1~SEIZT IvtEVV PAGES
INDEX
11 through 18
11 through 18
oag
05/08
CITY OF SHOREWOOD
RESOLUTION NO.08-
OFFICIAL SUMMARY OF ORDINANCE NO.
The following is the official summary of Ordinance No. approved by the City
Council of the City of Shorewood, Minnesota, on 22 September 2008:
An Ordinance Enacting and Adopting the 2008 S-3 Supplement to the Code of
Ordinances for the City of Shorewood, Minnesota which contains all ordinances enacted
since the 2007 S-2 Supplement, including Ordinance No.'s 434 - 447.
A printed copy of the Ordinance is available for inspection by any person at the Office of the
City Clerk.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 22nd day of
September, 2008.
ATTEST:
Christine Lizee, Mayor
Brian Heck, City Administrator/Clerk
-{
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5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952} 474-3236
FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us
MEMORANDUM
TO: Mayor and City Council
FROM: Brad Nielsen
DATE: 18 September 2008
RE: Street Vacation Request -Sunset Lane and Part of Orchard Lane
FILE NO. Streets (Sunset Lane; Orchard Lane)
Legal notices have been sent out for a public hearing on 22 September to consider a
request by Karen Petron to vacate Sunset Lane and part of Orchard Lane (see Exhibit
A, attached). This matter was addressed in the review of the preliminary plat for the
Petron Rearrangement preliminary plat that was approved last month. Neighboring
property owners have reviewed the proposal and, in the case of the Amesbury
Homeowner's Association, have written in favor of the vacation.
If approved, the vacated rights-of--way will be transferred to adjoining property
owners. Staff recommends approval. of the vacation of the streets subject to the
applicant submitting legal descriptions for all of the pieces to be conveyed to
adjoining lot owners.
Cc: Brian Heck
Tim Keane
Larry Brown
James Landini
Karen Petron
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Exhibit A
Patti Helgesen
From: Bruce trussing.[bruce@grussing.com]
Sent: Tuesday, August 05, 2008 4:50 PM
To: Planning
Cc: Kathy Grable; Betty Sebring; Bob Torkelson; John Lambin; 'Joe Kinning'
Subject: Public hearing regarding 4845 and 4865 Suburban Drive
This is a follow-up to my oral comments earlier today regarding the above properties. This response is on
behalf of Amesbury West Homes Association, the owner of the property to the North of the property in
question. I am the president of the Association and its Board has authorized me to make the following
statement.
The Association supports the proposal, based on our understanding that Sunset Lane will be abandoned,
and the East portion of Orchid Lane will be abandoned as set forth in the proposal.
We, of course, reserve the right to provide our comments at any subsequent hearings, and to oppose, if we
feel justified, the building out of homes on the lots as suggested on the "ghost" plat.
Bruce D. trussing
4760 Bayswater Road
Excelsior, MN 55331-9279
952-474-0470; fax: 952-474-9349
bruceC~grussing com
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Exhibit B
t~ .
5755 COUNTRY CLUB ROAD ®SHOREWOOD, MINNESOTA 55331-$927 ®(952) 474-3236
FAX (952} 474-0128 ° www.ci.shorewood.mn.us ° cityhall@ci.shorewood.mn.us
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.:
BACKGROUND
Planning Commission, Mayor and City Council
Brad Nielsen
10 September-2008
Seifert, Mike -Minor Subdivision
405 (08.12)
Mike Seifert has purchased the property located at 6085 Lake Linden Drive (see Site
Location map -Exhibit A, and Existing Conditions -Exhibit B, both attached). He
proposes to subdivide the lot into two building sites as shown on Exhibit C.
The property contains 63,210 square feet of area and is occupied by two outbuildings that
were left after a fire destroyed the house that previously existed there a couple of years
ago. The proposed lots will be 42,295 square feet (northerly lot) and 20,915 square feet
(southerly lot) in area. The property sits high in the middle dropping off somewhat
dramatically to the north and more gradually to the south.
ANALYSIS/RECOMMENDATION
Both of the proposed lots comply with the requirements of the IZ-1C zoning district. As
shown on Exhibit C, the northerly lot is considerably arger in size in order to create a
building pad that respects the steeper slope on the north side of the lot. It also
accommodates the turnaround for a common driveway that will extend northward
through the southerly lot. Although a driveway is shown on the northerly lot, due to its
grade, it is considered only as an auxiliary access to a lower level garage space. The
shared driveway will require an easement and maintenance agreement, which will be
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~®p® PRINTED ON RECYCLED PAPER
# S A.
Memorandum
Re: Seifert -Minor Subdivision
10 September 2008
recorded with the resolution approving the subdivision. Also, the driveway. is shown as
being only 10 feet in width. A condition of approval should include a minimum of 12
feet with the common portion of the shared driveway no less than 16 feet. Due to the
location of the northerly building pad, the driveway may have to increase to 20 feet with
a Fire Code tunlaround, unless the applicant proposes to install a sprinkler system in the
home.
With that, it is recommended that the minor division be approved subject to the
following:
The applicant must provide legal descriptions and deeds for drainage and utility
easements, 10 feet around each lot.
2. The applicant must provide an up-to-date (within 30 days) title opinion for review
by the City Attorney.
3. Prior to release of the resolution approving the request, the applicants must pay
one park dedication fee ($5000) and one local sanitary sewer access charge
($1200). Credit is allowed for the previous home on the site.
4. Since the division itself does not result in the removal of any trees from the.
property, tree preservation and reforestation can be addressed at the time building
permits are applied for.
Cc: Brian Heck
James Landini
Larry Brown
Tim Keane
Mike Seifert
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SITE LOCATION
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5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236
FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us
MEMORANDUM
TO: Planning Colmnission, Mayor and City Council
FROM: Brad Nielsen
DATE: 13 September 2008
RE: Minnewashta Elementary School Expansion -Phase II -C.U.P.
FILE NO. 405 (08.11)
BACKGROUND
Last Spring the City approved a conditional use permit for an expansion to the
Minnewashta Elementary School, located at 26350 Smithtown Road (see Site Location
map -Exhibit A, attached). Representatives for the School District indicated that the
expansion was Phase I of an overall plan to add additional classrooms and a new
gymnasium on the site. The City's noted that lack of adequate off-street parking
remained an issue and a parking management plan would be required as a condition of its
approval.
Even as the parking lot plan was being prepared and submitted, the School District was
negotiating to purchase the two properties immediately west of the existing parking lot.
At the end of June, they were successful in acquiring the properties and began preparing
plans to use the lots for an expanded parking lot. Demolition has already started on the
two homes and the outbuildings. The two lots add 1.8 acres of land to the Minnewashta
School property, which now totals approximately 23.2 acres. The District now requests
approval of a new conditional use permit for Phase II of the project.
ANALYSIS/RECOMMENDATION
Review of the Phase I plans cited two primary issues -parking and drainage. The
acquisition of the two lots should easily resolve the parking issue as it adds as many as
161 net parking spaces (see Exhibit B). As of this writing the City Engineer does not
S®~~ PRINTED ON RECYCLED PAPER
~8 B.
Memorandum
Re: Minnewashta Elementary School Expansion -Phase II
13 September 2008
have enough information to evaluate whether the drainage plans work. Consequently,
this review is subject to change if revisions to the grading and drainage plans dictate
revisions to the parking and landscaping plans.
A. Parkin Lg_ of Lam As shown on Exhibit B, the new parking lot will have five
double rows of 17 parking spaces each, plus a single row of 18 spaces on the east
end of the new lot. To make the layout work and to accommodate a proposed rain
garden, 27 spaces from the existing parking lot have been eliminated. The net
result is 161 additional spaces. Combined with 42 spaces in the newly completed
front parking lot, the school property would have 203 spaces, not including the
area used for bus loading.
The parking space dimensions and driveway widths comply with the requirements
of Shorewood's Zoning Code. One area of concern is the dead-end spaces that are
shown in the southeast corner of the new lot. Ordinarily this would be resolved
with a small paved area for cars to back out of the two end spaces. In this case,
the plan is attempting to save some large trees in that location. This problem can
be resolved by adding a landscape island at the end of the double row of parking,
comlecting the drive aisle to the exit aisle. This would result in eight fewer
spaces. Another alternative would be to reconfigure the southeast corner of the lot
to create aback-up for the two end spaces. This could be done losing only four
spaces.
The new lot adds one 24-foot wide driveway, which lines up with the driveway
for the residence on the south side of Smithtown Road. The two new parcels drop
approximately 10 feet from south to north. Despite that, the grade of the new
parking lot appears to be well within the five percent maximum set forth in the
Zoning Code.
The substantial increase ill parking should eliminate the need to use the
playground area to the north of the school building for overflow parking as well as
the need for a parking management plan.
B. Landscaping Plan. Plans for landscaping the new parking lot are found in Exhibit
C, attached. Since the parking lot presents a relatively dramatic change for the
area, landscaping is considered to be a critical component of the applicant's
project. Starting with the south edge of the parking lot, the Landscape Architect
proposes landscaped berms with Swamp White Oak trees lining the street and
Dwarf Burning Bush as understory vegetation. Although the Burning Bush is
deciduous vegetation, it has a very dense stem structure that provides winter
interest as well as a screening effect. As mentioned in A. above, an area
measuring approximately 40' x 70' is being set aside at the southeast corner of the
parking lot, presumably to preserve a number of large trees in that location. Staff
hopes to contact the LA prior to Tuesday night's meeting to see if an alternative
might be to maintain and enhance the existing vegetation within the entire front
-2-
Memorandum
Re: Minnewashta Elementary School Expansion -Phase II
13 September 2008
50 feet along Smithtown Road. If not, the berms and proposed landscaping are
quite acceptable.
The plans propose a dense hedge of Black Hills Spruce along the westerly
property line. The intent here is to provide a buffer for the property owner
immediately west of the parking lot. Unless the applicant obtains written
approval from that owner, the trees should be centered within the setback area on
the west end of the parking lot. It is also recommended that an earth berm be
carlsidered there, especially where the parking lot is adjacent to the existing home
on the lot. It appears possible that the berm could be as high as three feet. The
plans show that all of the evergreen trees on the site will be eight feet in height.
The applicant should consider reusing the stand of evergreens located in the
northwest corner of the westerly lot. These trees look to be in good condition and
are larger than eight feet, but not so large as not to be moveable.
The north side of the parking lot abuts a wetland area. The plan shows Emerald
Queen Maple trees and White Pines along that edge, between the parking lot and
the wetland. It should be noted that the plan labels a point as the edge of the
wetland delineation, but does not show the entire edge. This needs to be added to
the landscaping plan as well as the grading plan (Exhibit D). The applicant must
maintain the Minnehaha Creek Watershed District minimum 16.5-foot buffer
from the wetland. Existing vegetation in that space should be preserved. The
slope from the parking lot is currently shown at 3:1, which is the maximum that
should be allowed.
The east edge of the new parking lot inchides a rain garden feature. The plans are
somewhat puzzling in that the new lot does not drain to the rain garden and
curbing keeps runoff from the middle lot from getting into the rain garden. Also,
the landscaping for the rain garden is shown "by others". The landscape plan for
the rain garden should provide for pedestrian crossing of the garden.
The parking lot islands will each have light posts for lighting the parking lot. The
proposed landscaping of the islands is shown as Hydrangea. These plants require
relatively damp soil in areas that will undoubtedly be hot and dry. There is also
some question as to the salt tolerance of the plants. Some thought should be given
to alternative plant materials in the islands.
Finally, the Phase I C.U.P. required landscaping on the east end of the new front
parking lot. This has not been addressed in the proposed landscape plan. This
may be a good location. to relocate some of the evergreen trees referenced above.
C. Li lg Zting plan. The applicant has provided a photometric plan for lighting the new
parking lot. The plan proposes a "shoebox" type of fixture which provides a
controlled downcast lighting pattern. The light fixtures are 28 feet tall and the
lighting levels are shown at .4 footcandles at the property lines, which complies
-3-
Memorandum
Re: Minnewashta Elementary School Expansion -Phase II
13 September 2008
with City Code requirements. It is noted on the plan that lights will come on at
dusk and go off at dawn, citing security purposes. Staff does not agree that the
parking lot should be lit all night long. It is suggested that a condition be included
in the resolution approving the C.U.P. stating that parking lot lighting be turned
off after 10:00 P.M. at the latest. If there is a need for security lighting near the
building or entrances, these areas should be identified on the plans
Assuming the drainage issues can be resolved without reconfiguring the parking lot, and
subject to the recommendations of the City Engineer, it is recommended that the Phase II
conditional use permit be granted subject to the following:
1. The applicant must submit an overall master plan for the site, showing existing and
proposed buildings, parking, recreational facilities, wetlands and ponding. (This is a
carryover recommendation from the Phase I C.U.P.)
2. The southeast corner of the new lot must be reconfigured to eliminate the dead-end
spaces.
3. The grade of the parking lot and access drives can not exceed five percent.
4. The landscape plan should be revised as follows:
a. The spruce trees on the west end of the parking lot should be centered within the
setback area, unless the applicant can obtain written approval from the adjoining
property owner to place the trees on the property line.
b. Existing trees on the site should be reused wherever feasible.
c. Construct an earth berm along the west end of the parking lot, particularly
adjacent to the home to the west of the lot.
d. The plans need to show the delineated wetland boundary. A minimum 16.5-foot
natural buffer must be maintained abutting the wetland.
e. Disturbed slopes can not exceed 3:1
f. Detailed landscaping for the rain garden and the east end of the front parking lot
must be submitted.
g. Some other landscape material, other than hydrangeas, should be shown in the
landscape islands in the parking lot.
5. Parking lot lighting shall be controlled to tuns off at a specified time. 10:00 P.M, is
suggested. Also, all light fixtures shall'be hooded as necessary to prevent glare onto
adjoining residential properties.
-4-
Memorandum
Re: Minnewashta Elementary School Expansion -Phase II
13 September 2008
6. The two newly acquired parcels must be legally combined with the rest of the school
property.
Cc: .Brian Heck
James Landini
Larry Brown
Tim Keane
Mike Condon
Cliff Buhman
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~/ ~ /loo B ~ -~ ,=---__-~_ ~ ~~ I 704 / / 970.50 '~X~ / ~ ~ --~ ~ ~ NV=971.21 l EXIS GU IN N ( wl
OE / m / i-\W ~ r\ ~ ~ w ~~ ly,~ 970. I / __- --R7Gf'PEI~ NENI~PIN COUNT~'_- "'- .P w W ~ ~----_ ~ GRS IN w 1 °1~- -
- r ----- -- - _ - ~ n, 972.13 2. 9 2.47 VALVE ~ XC"
~ - \ -~ -..----t1ALF~ECTION MAP "- ~o T
~~610.5 - 9'32.4T- OTELE MH ----------97~~i ~ ~ ~- _ OE -
~ r 'ELEC. ~ UE 8"PVC
U
972.23 ----- /~ ----- ~~~.`--_____ 971.92
_ 972 --- -_____-----gryT~ ~ _ ~ ~ UT OE ~ ~5t7~ _ 2.80 IT
-~a2.5 - N8946'52"W 132.00 ~ ~ '` - - - N8946'52"W 220.00 COLUMNS - ~/ ~ 97 ,03 GRS yl
NX - 973.02__---'J~ 973.27 ~ 973.17
m -- _ - -962.5 - - 973.42 ~ INV=9;
_ ~ 972,26 ~/pU~jNOUS 972.92 g" SANITARY -- ---------973-,- _-1089,00 -- ~ X973.38 ~ ~~ ~-+Xhlblt
972.46 972.56 972.45 972.53 972.77 -' - IM=973.47
- _ _ s73.o3 _ _ _ _ _973.05 Nv=s6o.1 PROPOSED GRADING PLAN
50UTH LINE OF 5E 1/4 OF NW 1/4 Et~l~ ^ 12"RCP
RESOLUTION NO.
A RESOLUTION APPROVING THE PLAT OF
PETRON REARANGEMENT
WHEREAS, the final plat of Petron Rearrangement has been submitted in the mamler
required for the platting of land under the Shorewood City Code and under Chapter 462 of
Mimzesota Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Mim~esota and the City Code of the City
of Shorewood.
NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. The plat of Petron Rearangement, illustrated on Exhibit A, attached hereto and
made a part hereof, is hereby approved.
2. The approval is specifically conditioned upon the following:
a. .Resubdivision. As indicated in the Resubdivision Sketch for Petron
Rearrangement, attached hereto as Exhibit B and made a part hereof, Lot 1 is
capable of being subdivided into five lots. Any such future subdivision shall
be done by a formal platting process, using the Resubdivision Sketch as a
guide.
b. Driveway Easement: The Developer shall record with the Hemiepin County
Recorder, a driveway easement and maintenance agreement as shown on
Exhibit C, attached hereto and made a part hereof, for the portion of the
private driveway to be shared between Lots 1 and 2.
c. Conservation Easement. The Developer shall record with the Hennepin
County Recorder, a conservation easement as shown on Exhibit D, attached
hereto and made a part hereof.
d. Park and Sewer Charges. Since no new lots are being created at this time,
there are no park dedication fees or local sanitary sewer access charges
imposed with this plat. Park dedication fees and local sanitary sewer charges
will be paid at such time as the property is replatted, at the rates in effect at the
time the property is replatte.
3. The Mayor and City Clerk are hereby authorized to execute the Certificate of
Approval for the plat on behalf of the City C ouncil.
4. This final plat, together with this Resolution, the Driveway Easement and
Maintenance Agreement shown on Exhibit C, and the Conservation Easement shown on Exhibit
D, shall be filed and recorded within thirty (30) days of the Developer's receipt of this
Resolution.
BE IT FURTHER RESOLVED that the execution of the C ertificate upon said plat by
the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the
subdivider and City officials and shall entitle such plat to be placed on record forthwith without
filrther formality, all in compliance with Mimlesota Statutes and the Shorewood City Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd
day of September, 200$.
Cluistine Lizee, Mayor
ATTEST:
Brian Heck, City Administrator/Clerk
-2-
DVANCE' SURYEYIA'G 8 ENGINEERING t
OOSHnp, No. IIII Minndonka, MN?S?d.+ Phone{612)-0h 79fia Fav (filAa7d3
IRVev FoR: JON PETRt)N
IRVEYED; Jule 7, 200fl OMFTED: dune It, 200fl
:GAL DESCRIPTION:
rr an oc~ RON ADDITION, Hcnncpin Counl)~. Minnesem. and pans of roc;
:chard Lnnc and Sunset Lane as sho+m hereon and dcsenb cd belmr.
'OPE OF WORR~.
xpannL~rn-arv plat of Pclmn Rcartangcmcnt, far yourrcv icsc and for the rcricl+~ oCsucu
rmmnrcnWl agencies u may hay a irmsdiuion orcr cmm pmjcd. she+cing a rcanangcmcm of the
I line driding Lots I and 2. Bloch L P.Iron.4ddiliml. Hannapin Caunk, Mlinncsam and sho+t~in¢ j
~opomd exaUan of dminxc and utility eascmnns in Pclmn .Adddmn and of pans of Orchard and
msct Lanes and ercmion of ncu dmiwgc, utili(y. pondine. and cooscnmtion ca5nncnl areas. $ce
rcl ? oClhis dmuing (ar o sketch plan shmdng possible fulnrc dcralopntenl of Lol I of Perron
oartangemem.
TAND.4RD SYhtBOLS R CONVENTIONS:
nor<s r. prpc s+n r p asuc p ug canng Stale Licunsc Number923?. set mild - - - - - -
ILcneisc nolcd.
ERTIFICATION'.
•rc teen! ~~ s m this sunn++'u pnpnrcd by me or under me dirccl snpenision and t al I mn a
mfessional Engineer and a Pm(essianal Land Sunecormrdn(Ihc lm+s of the $mle of hiiunesola.
~~
m . P 'cr .E. ~ .. o.9EJJ
.FOAL DESCRIPTIONS OF EASEMENTS PROPDSED TO BE VACATED:
fhc nonhwsrcdc and saullmcslcrh? feet of Ihal pan o(Orchard Lanc as dcdicared
n Mtinnclonka Manor, Hcnncpin CoanhL Minocsola king bcnrccn the call Zinc of
iuMvhm Drixc and the ncslcrlr lint ofAmcsban~IMh Addiion.Hennepin
County, Minnesota xd Ihm pan of mid Orchard Lm+c rchich lies nanhxestcrlr of
the follo+ving described Ilne and its mmhcaslerly extension: Commencing ar dte
mast soulhcrlr comer oC Lol2. Block I, Pclmn Addition, Hcnncpin Counh~,
Minnasasa. thence ml an assumed bearing e( $onU+37 degrees I1 minulcs 25
seconds Wcsl aloes du nmsled}' line of said luncshun~ IUth Addrian o dislmttt of
?D.US Cecl to the eentttlinc of Orchard Lanc thence Nonh 62 decrees 39 minmes i9
seconds Wcsl along said eenrttline n disanoec oC 214.77 feet w the pain) of
beeinning o(thc line to he described.0encc NoAr BU decrees 1B minnlcs ?U ~
seonds Mcsladislancc oC??.92 teal to the soalh line of Loll. Bloc{; Lin sold I S
Perron Addition, and Ihcre tcrminatine. `
Thal p¢noCSunset Lm¢as dcdlealed'm hlinndoka htanar. Hmmepin Counp~, I
PolinnMOln, not prcciousk a~acalcd,nnd lying ocslcrh oClhc+scsledp baundnp~of
.4mesbnrr 71h Addition. Hcnncpin Counh~. Minncsala and cnslcrk oCa Jinx dro+m ~
sonUmdr(mm Uac soulh+ecsl mmerofLot U. Nohmcrc Lake blinncmnka,
Nllnnesota, perpendicular to the south line of said Lot 17.
Thal pan aCLakc 1Villimn Raad (no+c kno++~n as Sunset Lane)dcdkated in
Hohmcre. Lake M'mnclonka, Minn., Hcnncpin Counh~, Minncmla. not preriouslp
cxmed, and Icing caslcrlp afa line drone souUterlr fmm the somh+rest comer oC
Lot thin said Holpnere, Lakc Minne!onkq Mlnn, perpelydieularlo the south line
of mid Lot 13 and ncstcrk of Ihexnsrnl} houndaa of Rcgismred Lnnd Suan~
I ITI, Hcnncpin Camuc, Minnesota.
A!I oflhc ansmncnls(ordrainngc and milin~puryoscs dcdiealed in Pctron Addition,
Hcnncpin Conmc, Alinncsma
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REARRANGEMENT
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GRAPHIC SCALE
l0 0 IS 30 60
(IR FZET )
Exhibit A
.~___.___1_
_.... --- ~ H 89'25'1?' w
(Insert Exhibit B - Resubdivision Sketch)
(Insert Exhibit C -Driveway Easement and
Maintenance Agreement)
(Insert Exhibit D -Conservation Easement)
SiiOREWOOD
5755 COUNTRY CLUB ROAD ®SHOREWOOD, MINNESOTA 55331-8927 ®(952) 474-3236
FAX (952) 474-0128 • www.ci.shorewaod.mn.us • cityhall@ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 30 July 2008
RE: Thomson, Robert -Setback Variance for Driveway
FILE NO. 405(08.10)
BACKGROUND
Mr. Robert Thomson owns the property at 5050 Suburban Drive (see Site Location map -
Exhibit A, attached). As shown on Exhibit B, the driveway serving Mr. Thomson's home
also serves the home at 5060 Suburban Drive and straddles the property line between the
two lots. Mr. Thomson proposes to rebuild his driveway entirely on his own lot as shown
on Exhibit C. Since his property exists as a "flag lot" with only 16 feet of width abutting
Suburban Drive, he is unable to do so without a variance to the five foot setback
requirement for driveways. His request is for two-foot variances on each side of the
driveway in order to construct a 10-foot wide driveway centered within the 16-foot wide
portion of the lot.
The subject property is located in the R-1C, Single-Family Residential zoning district and
contains approximately 30,864 square feet of area. Mr. Thomson has been attempting to
market his property and prospective buyers are uneasy over the lack of a formal easement
and maintenance agreement for the driveway. He has been unsuccessful in coming to
terms with the property owners at 5060 Suburban Drive regarding such an agreement.
His request is explained in his request letter (Exhibit D).
ANALYSIS/RECOMMENDATION
Section 1201.05 Subd. 2. of the Shorewood Zoning Code sets forth the conditions/criteria
for granting variances. Following is how the applicant's request conforms to the Code:
~®a® PRINTED ON RECYCLED PAPER
~ 8 D.
Memorandum
Re: Thomson Driveway Variance
30 July 2008
While there are other "flag lots" in Shorewood, they are relatively few and the
City has prohibited this type of design for a number of years. Consequently, the
narrow configuration of the property satisfies the uniqueness test. Narrownness is
specifically mentioned in the Code. It is not possible for the applicant to construct
a driveway on his own property without a variance.
2. The variance is not economic in nature.
3. Individual driveways are commonly enjoyed by most properties in Shorewood.
The required setbacks deprive the applicant of this right.
4. The circumstances were not created by the applicant.
5. Granting the variance does not confer a special privilege on the applicant that is
not enjoyed by other property owners.
6. The variance is the minimum necessary to accommodate the proposed driveway.
In fact, staff recommends that the driveway should be required to be 12 feet in
width in order to facilitate two cars entering and exiting the property.
Ideally, the owners of 5050 and 5060 Suburban Drive could have come to terms on an
easement and maintenance agreement for a common driveway. There is no way,
however, to force that. The applicant's circumstances provide an excellent example as to
why the City prohibits "flag lots". Nevertheless, the variance satisfies the criteria
provided in the Zoning Code. The Code also provides that the City can attach reasonable
conditions to the grant of a variance. In this regard, staff recommends two conditions: 1)
the driveway should be constructed 12 feet wide, centered on the applicant's property;
and 2) the portion of the driveway abutting the property at 5040 Suburban Drive should
be paved to control dust.
Cc: Larry Brown
Tim Keane
Robert Thomson
Brian Heck
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Exhibit A
SITE LOCATION
Thomson Driveway Setback Var.
PREPARED FCi
Robert Thomson
" 5050 Suburban Drive
Shorewood, MN 55331
N
', ~ ~ HARDC~~lER ~ AREAS
\ land parcel surveyed (property)
A building
\ existing hardcover (A}
northeast corner of said Lot; thence south and parallel with the east line
of said Cot distant 94.5 feet to a point 8 feet north of the south.line of
said Lot; thence east and parallel with the south line of said Lot; thence
south on east line distant 8 feet to the southeast corner of said lot;
thence west on the south line distance 421.1 feet to the southwest corner
I hereby certify that this survey was prepared by me or of said Lot; thence northwesterly on the westerly line of said Lot distance
30,8b4 SQ. FY. under my direct supervison. I am a duly registered land 130 feet to the place of beginning. ALSO, that part of Loo 8, Block 3,
1,164 SQ. FT. '"' MINNETONKA MANt3R lying northerly of a line parallel to and distant 8
1,164 SQ. FT. 3.8 % surveyor un~er the laws of the State of Minnesota.
/ 'I feet southerly of the northerly line thereof.
~^-~' ~~ ~ ~ ~ May 13, 2008
Fran .Car arelle, L.S. Easements, if any, affecting the land parcel surveyed by usage, of public ( x
Registration Pao. 6508 record, or otherwise indicated on any plat or map were not reviewed and ~.
are omitted, unless otherwise indicated. ( _r, <
NIANN[JL
The above land parcel description is inferred from the street address a ~` ° °
.~ ~
and/or legat description provided by the client, together with review, if any,
of the County taxation description for the land parcel and/or County I c °
\ fat surveyor's section map information. ~ ~a
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B.AI~D PARCEL SURI9EYED
~~ ~ ~ Q ~ ~ O ~ ~ ~ That part of Lot 7, Block 3, MINNETC-NKA MANOR, described as follows:
c~~ ~ o ~~ ~~~~
Commencing at the northwest corner of said Lot 7; thence east on porth
~WD~ U ~UUI~J (,O~DQ~~O~~ ~O~O ~~ ~, ~~ o ~S ~( D~O~~9 ~~0~~ (~oOD9 ~~ line of said Lot 7, distance 26b.1 feet to a point 215 feet west of the
O o ~lortnec~st
comer Lot 7-,
,'~ ~ N 89°56'47°' W 262.36' ~ ;b-.;~~y~ioRTH u~E DoT ~ - - - - - - - - - -
I ~ J " /~d.Y///iii//i~ ur~~--~ S 89°56~a~" 1N 2 ~I ~.g8' ,., j~~
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` 30 864 SQ. ~f. ,~ ,~s,,,,; ~ - --- - W ._.-- ~ ~, ~ t ° '
~(1 1z"APP E -
-' 0.71 ACRES , ~' ~~ ~~,~~~ ~ at ~ LopO - _- ~ ~ ;-~.~
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drank R. Cardare~l~ °~ ~ ~ ~~ ' ~~~ ~~~~~;~ ,~ NoTES w ~~ECp R, ~ ~~
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Land 5urveyar Inc. ~~ ~ ~~~ ~:/ ~~ ~ ~ ,.
~ ~~ \ ~' ~,r~' :, ~ ~ ~ ~ ~Q ®Surveyor's iron monumentfound in ground N w
6440 Flying Cloud Drive ~ Fig, ; ~- ~ ~ ~ 9~ ~
o ~ ~~~0%j~ ~;'~ ~ ~4"IgAPLE~ ~ ~~~ ~~~~c`~o ~~~°~ Surveyors ironmonumentro6esetin (~~) ~ ~ ~ ~ ~
Eden Prairie, Minnesota 65344 ?~ i Q ~ ~, ~
~:~ % ~~, ground and marked LS 6508 ~ r ~ ~ ~ O
952-941-3031 fax 952-941-3030 < ~ %~/j
rr- ~~i%; .~ ,, Exhibit B
' /~ Bearings are on an assumed basis, Elevatiom
~ f ' ,~~;~
UJ J _ `~ ~ ' ~` PROPERTY SURVEY
i/bG~~ ~ ~;~/~~ according 1o NCrVD 1929.
haled
.d
PREPARED FAR
Robert Thomson
" 5050 Suburban Drive
Shorewood, MN 55331
~- Northwest corner Lot ~
~~ 4
' HARDCOVER & AREAS
\ land parcel surveyed (property) 30,864 SQ. FT.
A building 1,164 SQ. FT.
existing hardcover (Aj 1,1 b4 5Q. FT. 3.8 °10
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Land Surveyor, Inc.
6440 Flying Cloud Drive
Eden Prairie, Minnesota 55344
952-941-3031 fax 452-941-3030
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APLE~:/'s
LAND PARCEL SURV D
That part of lot 7, Block 3, MINNETONKA MANOR, describeF ns follows:
Commencing at the northwest corner of said Lot 7; thence east on porth
line of said Lot 7, distance 266.1 feet to a point 215 feet west of the
northeast corner of said Lot; thence south and parallel wtth tlZe east line
of said Lot distant 99.5 feet to n point 8 feet north of the south~+ne of
said Lot; thence east and parallel with the south line of said Lot; thence `
south on east line distant 8 feet to the southeast corner of said Lot; J
thence west on the south line distance 421.1 feet 4o the southwest sourer
of said Lot; thence northwesterly on the westerly line of said Lot distance
130 feet to the place of beginning. AL50, that part of Lot 8, Block 3,
MINNETONKA MANOR lying northerly of a line parallel io and distant 8
feet southerly of the northerly line thereof.
Easements, if any, affecting the land parcel surveyed by usage, of public
record, or otherwise indicated on any plat or map were not reviewed and
ore omitted, unless otherwise indicated.
The above land parcel description is inferred from the street address
andJor legal description provided by the client, together with review,'rf any,
of the County taxation dea *~,'v the land parcel and/or County
surveyor's section map in- °s
o~ o'er Northwest corner Lot 7-,\
~tiak~ kNORTH LINE LOT 7 ~ ~~
//// ovERN~o iN~ D1-E~ ~ S 89 '04" W 214.88' - - - - ~`
HOUSE~5050
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24"MAPLE6' $ ~6 98A ~ Surveyorsironmonumenttohesetin N ~ ~ I' to ~
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NG~Sf#S ~ Bearings are on an assumed basis, Ekvations are ~ EXhlblt C '
oso aaording to NGVD 1929. PROPOSED DRNE1
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1 hereby certify that this survey was prepared by me or
under my direct supervisor. I am a duly registered land
surve~ror un er a laws of the State of Minnesota.
ay 13,2008
Fxafdlc "l. Car arelle, L.S.
Registration No. 6508
N 89°56'47" W
30'864 SQ. FT• 12"APP
0.71 ACRES
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Exhibit D
APPLICANT'S REQUEST LETTER
Dated 1 July 2008
1'.1 T~ 1 ~:1 _
Brad Nielsen
__~
From: Robert Thomson [corfu107@yahoo.com]
Sent: Sunday, September 14, 2008 9:16 PM
To: Planning
Subject: 5050 Suburban dr. Variance info.
14 September 2008
Mr. Bradley Nielsen/ Planning department
Background information concerning driveway situation.
I do admit this is an awkward situation and I do sympathize with the Tierley's (neighbors to the south)
situation. Just because there has never been an easement and even though my lawyer's view is that they
really have no legal right to use 5050's part of the road, I am not dead set against working something
out. There has been an attempt to contact The Stacken's who owned 5050 from 1951 to 1987 to try and
find out the intent of the original understanding of road usage. Due to his age and discomfort with
talking about this (being that there was a falling out with the Tierney's) I wasn't able to get as far as I
wanted in this discovery process but did find out a few things: That they first rented 5050 and sought
then to purchase it if the entrance width then being 8' wide was to include another 8'. This was
accomplished by then owner Sorlin, purchasing 8' width, the whole length of 5060. Having 16' he and
friend Mr. knutson was to add 16' of 5060's property to total 32' in which to build a road that would go
across to St. Albans Bay Rd. and to make another lot where the front half of 5060 is. This was turned
down because of water drainage area. Knutson had built the house where Tierney's now live in 1958.
They along with the people Knutson sold it to got along very well and shared snowplowing and
maintenance. Then the Tierney's bought 5060 and at first they got along fine but then had a falling out
over shared road. They clearly did not get along. A big question I have is, from the very beginning,
when house on 5060 was being built, if it was so important for the convenience and long terns value of
there property why wouldn't they have secured this with a clearly understood easement?
The Stackens (5050) had 16' width at entrance, enough for a clear drive to there property and this is why
I believe he wanted 16'. What would he have gained by signing off on an easement? As is today and
especially the version the Tierney's would agree to....it is all to their (5060's) gain, they loose nothing.
And as far as I'm concerned I have much to loose with nothing to gain (in signing a easement as
Tierney's wish) unless of course I have no option and am forced into some arrangement with 5060.
For some time now I've had the question, what if the Tierney's house was replaced by a new one, would
they have the right to drive all the way back like they do now? Another question now is, what If 5050 is
to biuld a new house and wishes to turn right up (once into the main part of lot) as noted in survey. Do I
still have to provide all that land for 5060 to get to there garage?
As I see it, The Tierneys have expectations that I should agree to their ternls which will solve there
problems but which will create problems for me.
These problems are:
*Decreased privacy permanently
*Decreased value permanently
*Increased hardcover permanently on my property for their benefit
*And, as aim increasingly becoming aware of, the likely headache of having to negotiate over future
desired changes or enforcement of unmet maintenance agreement.
9/16/2008
Page 2 of 2
My Realtor has given me several examples of the hazards of easements, not painting a pretty picture.
All this pointing to my preference to have complete control over 5050 if at all possible.
I believe there was no easement agreement from the beginning because it was not in the interest of 5050
to do so. That the status of shared drive is, by permission, and that being by permission it could be
revoked or changed at anytime. I am still open to the truth of this matter. There seems to be high enough
ground on the south side of 5060 for their own private driveway at some time. It seems that it's either
5060's inconvenience or 5050's. What to do??? This Variance request is to see if I have the option to
move over a few feet to be completely on 5050's property.
Some further background information:
Item. #1 Mr. Huttner continuing "by permission" status.
Item #2 Tierney's current desire for easement
Item #3 Proposal from prospective buyer of 5050 with Tienley resparise 5/31/08
Item #4 5050's abstract statement of no unrecorded easements.
1951 - Mr. Stacken purchase 5050 with 16' entrance width.
1958 -current house on 5060 (Tierney's) built
1963 -statement in 5050's abstract declaring no unrecorded easements.
Thank you for your consideration
Robert Thomson
9/16/2008
a~
MARK L. ~T'TTN~~ - `°
5050 Suburban Drive
Shorewood, Minnesota 55331
March 15, 19$9
Dennis and Michelle Tierney
5060 Suburban Drive
Shorewood, MN SS331
Dear Dennis and Michelle,
Concerning your request for an easinent, on the North 8 feet of our property,
we are sorry that you feel that our requests are unreasonable. In our opinion, our request
for Summer and Winter upkeep and Payment of Attorney Fees, are more than reasonable
for unrestricted travel on our driveway, forever. As far as your Feelings of our not being
good neighbors, we feel, that going in front of our neighbors at local City Council Meetings
and speaking in your favor to build an addition on to your property, letting you drive
heavy trucks and tractors on our property in order to build that addition, is the essence of being
neighborly, Again we are sorry that you feel that we are so unneighborly. You have our hermissitm
to use our portion of the driveway until further nonce.
Sincerel ,
Mark L. Huttner
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116. Ju13a J. Sorlin, Warranty deed
also known as Dated November 15, 1963 ',
Julia J. Sorling, Filed November 19, 1963, 12th-i-0 F'M
a single woman, and Book of Deeds, Page
Bernice Warren, Consideration $1.00 etc.
a single woman That pzrt of Lot 7, Block 3, Minnetonka
To Manor, described as follows: Commen~-
Roman A. Stacken and ng at the Northwest corner of Lot 7;
Grace E. Stacken, thence East on the North line thereof,
husband and wife a distance of 266.1 feet to a point
as joint tenants 215 feet West of the Northeast corner
343577 of said Lot; thence South and parallel
with the East line thereof; a distance
of 99.5 feet to a point 8 feet North of the South line thereof thence
East and parallel ~Tith the South line of said lot a. distance of 215 feet
to the East line triereof; thence South on the East line thereof a distance
of 8 feet to the Southeast corner thereof; thence West on the South line
of said lot a distance of 421.1 feet to the Southwest corner thereof;
thence Northwesterly on the Westerly line of said lot a distance of 130
feet to the point of beginning, and that part of Lot 8, Black 3, Minne-
tonka. Mang , lying Northerly of a line parallel with and distant 8 feet
Sautherl~ of the Northerly line thereof.
117. Julia J. Sorlin, Affidavit
also known as Julia J. Sorling Dated November 15, 1963 ~
To Filed November 19, 1963 , 12:40 PM
The Public Book of Misc., Page
3443578 That she is the person named as Grantee
in that certain instrument dated July
31, 1922, and filed for record August 18, 1822, as Document No. 1098338.
That said person (s) are of legal age and that for the last past ten
years have resided at - - - That the said person (s) (are) (is) not
now and ha not been in the armed forces of the United States except as
herein stated; That there have been no proceedings in Probate Court, na
bankruptcy or divorce proceedings, and that there are no unsatisfied
,judgments of record nor any actions pending; in a.ny Courts, State or Fed-
eral, nor any tax liens filed against the above named person(s) except
as herein stated: That any ,judgments, bankruptcies, probate proceedings,
State or Federal tax liens of record against parties with same or similar
names are nat against the above named. person(s): That there has been
no labor or materials furnished to the premises described in the a~aove
mentioned document during the last 90 days for which payment has not
been made. That there are no unrecorded contracts, leases, easements ~~'
or other agree en s n eres s, re a ng o sa a preen ses, o w c
your affiant (s) ha knowledge except as stated herein. That affiant
(s) know (s) the matters herein stated are true a.nd make (s) this
affidavit far the purpose of inducing the passing of the title to the
premises referred to in said document, free and clear of all ,judgments,
State or Federal tax liens, and questions of service in the armed forces
of the United States, divorce, competency, bankruptcy and unrecorded
interests. That your affiant is known as Julia J. Sorlin a.nd Julia J.
Sorling.
Our neighbor, Robert Thomson who lives at 5050 Suburban Dr. has applied fora set-
back variance to build a driveway to his home. Last evening, the Plamling Commission
recommended that his request move forward to the City Council meeting on 9/22/08.
We are Michelle and Denis Tienley who live at 5060 Suburban Dr. We currently share a
driveway with Robert Thomson. The first owner of 5060 Suburban Dr. sold 8 ft. of his
property to the owner of 5050 Suburban during the 1950's. The intention was to share a
driveway with each owner using 8 ft. of the other's property. Unfortunately, at the time,
there was not a legal easement agreement drawn-up.
Both Mr. Thomson and I each have a survey of our property. Each of the surveys was
conducted by Frank Cardarelle, Land Surveyor, Inc. in Eden Prairie. Both Mr. Thompson
and I agree where the surveyor's irons are located. What I take exception to is how the
driveway is depicted on Mr. Thomson's survey. Looking at the survey, one would
assume that Mr. Thomson owns the driveway which is in fact false. The surveyor's iron
at the street is located in the center of the driveway with 8' being shared either side of the
iron. The driveway takes a jog to the right in the center with most of the driveway on Mr.
Thomson's 8' and then at the top of the driveway the property line is back at the center of
the driveway. It is my understanding that for Mr.Thomson to qualify for aset-back
variance he has to have a 2' set-back from each property line and he must build a 12'
driveway for a total of 16'. When. I measure from the rock wall along Mr. Williamson's
property line (5040 Suburban Dr.) to my property line, I measure 13-14 ft. I don't believe
Mr. Thomson has the necessary 16' clearance to apply for aset-back variance. I am not
sure how to convey this to members of the city council. If Mr. Thomson and I agree on
the location of the surveyor's irons, the only way I know to convey this, is for someone
from the city to view the surveyor's irons and how they divide the driveway and to
measure 16' from the rock wall and see how this crosses my property line. I will be
happy to take any city council member for a tour of the driveway, survey irons and set-
back measurements. Robert Thomson is usually home during the day. We can grab him
to walk with us. My work number is 763-519-3542. It would take me 15-20 minutes to
The way T view the decision on this variance is this:
If Mr. Thomson is denied the set-back variance, he has to retunl to sharing the driveway
with us. This may encourage him to draw-up a legal easement with us to share the
driveway. We have offered to Mr. Thomson, since he has lived there, to pay half of the
legal cost of an easement agreement and to pay half of blacktopping the driveway.
While I don't believe Mr. Thomson meets the necessary requirements to apply fora set-
back variance, if, for some reason Mr. Thomson is granted the set-back variance, I now
have 8' of driveway. I would have to then apply for aset-back variance of 2 ft. from Mr.
Thomson's property and I would have to build a 12' driveway. To do this, I would have
to take down trees and haul in thousands of dollars of fill to level the driveway. The fill
would cover the water drain of mybowl-shaped lot which directs water through an
underground pipe to a pond several lots away. This would disrupt the current drainage
pattern for my surrounding neighbors and would cause me further financial hardship
detei-~nining how to drain my lot. Ultimately, we would have 24' of blacktop mm~ing up
the hill which I believe spoils the aesthetics of two very pretty lots.
Because of the extreme financial burden this decision may thrust on us, I trust that the
city council exercises its customary due-diligence in this matter. Thank-you!
Sincerely,
Denis and Michelle Tierney
5060 Suburban Dr.
Shorewood, MN. 55331
952-474-4817-H
763-519-3542-W
I
SHOK~WOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-$927 • (952) 474-3236
FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us
MEMORANDUM
TO: Mayor and City Council
Brian Heck, City Administrator
Larry Brown, Director of Public Works
FROM: James Landini, City Engineer
DATE: Sept 17, 2008
RE: Lift Station # 12 -Change Order 2
City Project No. 06-01
On July 23, 200'7, the City Council awarded the contract for the Rehabilitation of Lift Station #12
Project to Engineering and Construction Innovations, Inc. The project is located adjacent to
Christmas Lake on Christmas Lake Point Road.
The contractor installed the vent pipe within the easement at the specified location. The location
was chosen. to avoid a conifer tree that has vahie to the owners of 5695 Christmas Lake Point. The
neighbors around the Lift station, including the owners of 5695 Christmas Lake Point, do not favor
the location of the vent pipe and have asked the vent pipe be moved.
Attached is a quote for $2,500.00 to have the vent pipe relocated in a more neighborhood pleasing
location. The contractor has cautioned that they will not take responsibility for damaging the
valuable conifer tree.
The vent pipe relocation will increase the cost of the project in the amount to $2,500.00 and covers
mobilization and relocation of the vent pipe. The new project cost will be $109,308.00. The 2008
budget lists Lift Station 12 at $110,000.00.
Recommendation
Staff recommends approval of the resolution that approves change order 2 for the
Rehabilitation of Lift Station #12 Project. A resolution is attached for your consideration.
v~
8@M® PRINTED ON RECYCLED PAPER
,>~
Page 1 of 1
James Landini
From: Nap Scott [nap@eandci.com]
Sent: Monday, September 15, 2008 7:47 AM
To: James Landini
Cc: Lbrown@shorewoodpw.com
Subject: RE: Shorewood Lift Station 12 vent pipe relocation
Mr. Landini,
To mobilize to site and relocate vent pipe as Larry Brown and Dave Street discussed at Lift Station 12 on
Thursday September 11th; Engineering and Construction Innovations (ECI) price is $2500.00. If trees roots are
encountered at the new location care will be taken to minimize root damage. However, ECI will not be
responsible for replacement of any trees as a result of damaged roots.
Please contact me with any questions.
Regards,
Nap Scott
From: James Landini [mailto:jlandini@ci.shorewood.mn.us]
Sent: Friday, September 12, 2008 4:04 PM
To: Nap Scott
Subject: Shorewood Lift Station 12 vent pipe relocation
Nap
Larry wanted me to make sure you know we need something in writing to submit to Council to get approval for the
vent pipe relocated. He mentioned David Street gave him a verbal price Thursday, but we would need that in
writing.
Thank you
James Landini P.E.
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
952-474-3236
9/17/2008
CITY OF SHOREWOOD
RESOLUTION NO. 08-
A RESOLUTION APPROVING A CHANGE ORDER 2
FOR THE REHABILITATION OF LIFT STATION #12 PROJECT,
CITY PROJECT N0.06-01
WHEREAS, on July 23, 2007, the City of Shorewood entered into a contract for
construction with Engineering and Construction Innovations, Inc. for the Rehabilitation
of Lift Station #12 Project, City Project No. 06-O1; and
WHEREAS, Engineering and Construction Innovations, Inc has prepared Change
Order 2 attached hereto as Exhibit A, for additional work outside of the original contract;
and
WHEREAS, the Director of Public Works has reviewed said Change Order and
found it to be cost effective for the project.
NOW, THEREFORE BE IT RESOLVED by the City of Shorewood to approve
Change Order Number 2 with Engineering and Construction Innovations, Inc., that
incorporates services outlined in Change Order 2, attached hereto as Exhibit A.
ADOPTED by the City Council of the City of Shorewood this 22nd day of
September, 2008.
ATTEST:
Christine Lizee, Mayor
Brian Heck, City Administrator/Clerk
SHOREWOOD
5755 COUNTRY CLUB ROAD ®SHOREWOOD, MINNESOTA 55331-8927 ®(952) 474-3236
FAX (952) 474-0128 • www.ci.shorewood.mn.us ° cityhall@ci.shorewood.mn.us
MEMORANDUM
TO: Mayor and City Council
Brian Heck, City Administrator
Larry Brown, P.E., Director of Public Works
FROM: James Landini, City Engineer
DATE: September 18, 2008
RE: A Resolution Accepting Low Bid and Awarding
SE Area Water Tower Rehabilitation Contract to the Successful Low
Bidder
Exhibit A is the Bid Tabulation for the SE Area Water Tower Rehabilitation Project
which were opened and tabulated on September 17, 2008.
The low bidder is Classic Protective Coatings (CPC) in the amount of $378,000.00.
Based on the Engineers Estimate, it appears that the costs for this project are reasonable:.
There were irregularities with the bid opening. CPC's bid arrived late, by fax and by
messenger. KLM Engineering's memo recommends CPC as the contractor and for the
City to waive the irregularities as specified in the contract documents.
This project will be funded by the Water Enterprise Budget which has $270,000 budgeted
for this project in 2008. Unfortunately this project becomes an over-budget situation of
$108,000.00. There are several options to consider.
1. Accept the project as is and authorize expenditures in excess of the budget,
funding the difference with the account balance in the water fund.
2. Accept the project as is and authorize expenditure in excess of the budget, fielding
the difference with a loan fi~ozn the sanitary sewer fund.
3. Reject all bids and rebudget a larger amount for 2009 and rebid project in 2009.
Recommendation
Staff recommends the contract for the SE Area Water Tower Rehabilitation be
awarded to Classic Protective Coatings for $378,000.00. A resolution is attached for
your consideration.
.~
8®p0 PRINTED ON RECYCLED PAPER
F
CITY OF SHOREWO D
RESOLUTION NO. 08 -
A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
THE SE AREA WATER TOWER REHABILITATION
CITY PROJECT N0.05-04
WHEREAS, pursuant to an advertisement for bids for local improvements
designated as the SE Area Tower Rehabilitation, City Project No. OS-04, bids were
received, opened on September 17, 2008 and tabulated according to law, and such
tabulation is attached hereto and made a part hereof as Exhibit A; and
WHEREAS, the City Council has determined that Classic Protective Coatings. is
the lowest bidder in compliance with the specifications.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shorewood as follows:
1. That the Mayor and City Administrator/Clerk are hereby authorized and
directed to enter into a contract with Classic Protective Coatings. in the name of the City
of Shorewood, Project No. OS-04, according to the plans and specifications therefore
approved by the City Council on file in the office of the City Administrator/Clerk.
2. That the City Administrator/Clerk is hereby authorized and directed to
return forthwith to all bidders the deposits made with their bids, except for the deposits of
the successful bidder and the next two lowest bidders, which shall be retained until a
contract has been signed.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 22nd day of September, 2008.
Christine Lizee, Mayor
ATTEST:
Brian Heck, City Administrator/Clerk
City of Shorewood
Bid Tabulation
SE Area Tower Rehabilitation
City Project 05-04
Bids Opened: 10:00 A.M. Engineer: KLM
September 17, 2008
No
Bidder Bid Bond /
Check.{5%) Affidavit of
Attendance
Bid
1 Leadcon Inc. X X $ 420,362.00
2 TMI Coatings X X $ 476,800.00
3 Classic Protective Coatings X X $ 378,000.00
4
5
6
7
8
9
10
11
12
13
14
15 Engineers Estimate $ 375,150.00
I hereby certify that this tabulation is a correct and
true representation of the bids received on this date
for this Improvement Project
James Landini
City Engineer
~- ~ 7- o~
Date
J _ n Panchyshyn
Deputy Clerk
t-•
Date
exhibit A
September 17, 2008
Mr. Larry Brown, P. E.
Director of Public Works
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
~°
.~ _ ~ a.
1 1 ~.
P.O. Box 897 d 3394 Lake Elmo Ave. N. ®Lake Elmo, MN 55042
(651) 773-5111 • Fax (651) 773-5222
By Email & U.S. Mail
RE: Bid Evaluation of Reconditioning the Cleaning, Repairing and Painting of the
400,000 Gallon Single Pedestal (Old Market Road Tower) in the City of Shorewood,
Minnesota.
KLM Project No. MN2194
Dear Mr. Brown;
The bid opening was held on September 17, 2008 at 10:00 AM at the City of Shorewood
Office. The bids received were as follows:
Proposal 1.0 Cleaning Repairing & Painting 400,000 Gallon Old Market Road Tower.
Bidders Total Base Bid
Classic Protective Coatings, Inc. $378,000.00
LeadCon, Inc. $420,362.00
TMI Coatings, Inc. $476,800.00
The Engineer's Cost Estimate is $375,150.00.
In reviewing the qualifications of the bidders, we find Classic Protective Coatings, Inc. meets the
requirements of the specifications and are qualified to do the work for Proposal No. 1.
We recommend you accept the lowest bidder, Classic Protective Coatings, Inc.. Proposal No. 1
for the reconditioning; their bid was $378,000.00.
Enclosed for your reference is the bid tabulation sheet on the projects. Please feel free to call me
with any questions you may have on the bidding of the project.
KLM understands that the bid submitted by Classic Protective Coatings, Inc. did not meet all
criteria for proposal submittal as referenced in the Plans and Specifications. To help you and the
City Council resolve this issue we direct your attention to subparagraph 8.1 of the Instructions
To Bidders (Gold Section) which states; "The Owner reserves the right to accept the Proposal
which, in it's judgment is the lowest and best proposal; to reject any or all Proposals; and to
waive irregularities or informalities in any Proposal". In addition each Bidders acknowledges in
the Bid Proposal Forms section on page 2, last paragraph that "We understand that the City
Council, City of Shorewood, Minnesota may accept or reject any or all Proposals and waive any
irregularity"; and further acknowledges in the Bid Proposal Forms section on page 3, third
paragraph that "In submitting this bid, it is understood that the Owner retains the right to reject
any and all bids and to waive irregularities and informalities therein and to award the contract to
the best interests of the Owner".
In our professional opinion Classic Protective Coatings, Inc. is the lowest bid, best prepared and
most available Contractor to successfully complete this project on behalf of the City of
Shorewood in the specified construction schedule or fall of 2008.
As a final option KLM recommends that the city of Shorewood, Minnesota consider rejecting all
bids and re-bid the project for next spring. This rejection would be based upon the irregularities
in the CPC, Inc. Proposal and because the other bids are substantially above the Engineer's Cost
Estimate.
Please feel free to call me at 651-773-5111.
Sincerely,
KLM Engineering Inc.
~ ~ 1G~~
Jack R. Kollmer
President /Principal
JRK/ls
Encl: Bid Tabulation Sheets
CC: Office /Field Files MN2194
James Landini, P. E. City Engineer
Jane Panchyshyn, Deputy Clerk
C:\Is\2008 Projects\MN2194 Shorewood Bid Evaluation Letter 09-17-08.doc
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September 22, 2008
Honorable Mayor and Council Members City of Shorewood
As a Shorewood resident of fifty-seven years and developer of Boulder Bridge Farm, I
find it necessary at this time to ask the City Council for accountability into the recent Boulder
Bridge Farm street seal coating project. I have repeatedly asked over the last three years for help
in addressing the road conditions for Boulder Bridge Drive, Boulder Bridge Lane and Boulder
Bridge Circle. Since installation of the city streets at my expense in 19$1 for Boulder Bridge
Drive and in 1983 for Boulder Bridge Lane, the city has only applied one seal coat until this
year. With much breakup occurring in the roadway areas, I asked Mr. Larry Brown to help the
association address the benefits of and cost of a "mill overlay" vs. a seal coating.
A mill overlay would have been an effective way to extend the life of the roadway areas
with a onetime expense vs. repeated costs to patch and overlay problem breakup areas. The City
Council was led to believe there were no other costs associated with seal coating or benefits to
the city with a mill overlay. As a result, no consideration was given to additional moneys being
contributed towards a mill overlay. However, prior to the seal coating being done, extensive
amounts of asphalt were overlaid in an attempt to patch areas badly needing repair and in fact
approximately 2/3 of Boulder Circle was entirely overlaid with asphalt.
This resulted in how many tons of asphalt being used? How many man hours and
equipment related expenses to the city? All of this could have and should have been expensed
toward a mill overlay and new life for our roads. This could have resulted in a shared expense
with the Boulder Bridge area residents and been a model for fixture road improvement projects.
Instead, a "Band-Aid" approach was used and next spring and fall we'll see continued break up in
problem areas and continued expenses which would have been avoided had the issue been
properly addressed. I ask for a true accounting of the asphalt materials used and the labor man
hours along with equipment and related costs associated with the repair work prior to the street
seal coating. This will hopefully inform the Council so that in future consideration of similar
projects the Council is better informed and can manage our road funds, street issues and concerns
of Shorewood's Residents.
~~~
Thomas B. wartman
28120 Boulder Bridge Drive
Shorewood, MN 55331
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
September 22, 2008
PUBLIC SIGN-IN SHEET
For the record, please print your name and address below. Thank you.
Name Address
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10
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