052687 CC Reg AgP
4
~ CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
7:30 P.M.
..
CALL TO ORDER
A. .Pledge of Allegiance
B.
Roll Call
1 . APPROVAL OF MINUTES
AGENDA
COUNCIL CaAMBERs
5755 COUNTRY CLUB ROAD
MAY ,26, 1987
Mayor Rascop
Haugen
Stover
Gagne
Brancel
7; Y()
l~
~
V
V
A. Special Council Meeting - May 4, 1987
(Att No.lA - Minutes)
2. MATTERS FROM THE FLOOR
A.
B.
3. PLANNING COMMISSION REPORT
A.
B.
4. PARK COMMISSION REPORT
A.
B.
-1-
~
AGENDA
TUESDAY, MAY 26, 1987
page two
5. CONSENT AGENDA
A. Liquor and Beer License Renewals
1. Minnetonka Country Club - Liquor On-Sale and Sunday
2. American Legion Post #259 - Sunday and Club Liquor
3. Plaza Tom Thumb - Off Sale 3.2% Beer
4. Skipperette - Off Sale 3.2% Beer
B. Street Light Request - McKinley Place 2nd Addition
(Near Mountain)
(Att No.5B - Letter of Request
and Location Map)
C. Payment Voucher No.2 and Final - Project No. 86-1E -
Southeast Area Trunk Watermain - Widmer, Inc.
Moved
Second
Vote
~
o Lt./'i...&
5d~'
(Att No.5C - OSM Letter and
Payment Voucher)
6. SHORELAND ALTERATION VARIANCE
Applicant: J. Brooks Hauser and Peg Hauser
Location: 27190 Edgewood"Road
(Att No.6 - Staff Report)
7. SIMPLE SUBDIVISION - REVISE RESOLUTION
Applicant: Terry O'Sullivan
Location: 5965 Mill Street
(Att No.7 - Staff Report)
8. SOUTHEAST AREA PUMPHOUSE PROJECT NO. 86-1C
(Bids received at 11:30 A.M. on May 26, 1987)
A. Bid Tabulation
B. Bid Recommendation
q
-2-
- AGENDA
TUESDAY, MAY 26, 1987
page three
9. OFFICE SPACE NEEDS ANALYSIS - STATUS REPORT
Nick Ruehl of EOS Corporation
10. ATTORNEYS REPORT
A. Findings of Fact - Brentridge
(Att No.10A - Resolution)
B. Easement Encroachment Agreement- - Larry Reid
(Att No.lOB - Agreement)
11. ENGINEERS REPORT
A.
B.
12. PLANNERS REPORT
A. Near Mountain - Park Dedication Fees
(Att No.12A - Letter dated
15 May from Lundgren Bros.)
B.
13. ADMINISTRATIVE REPORTS
A. Minnetonka Country Club - Status of Clean-up
B. Recycling Resolution - Unified Dates arid Cooperative Promotion
Efforts
(Att. No.13B - Resolution)
C. Hiring Recommendation - Bookkeeper
14. MAYORS REPORT
(Att No.13C - Staff
Recommendation)
A.
B.
-3-
-
CITY OF SHOREWOOD .
SPECIAL COUNCIL MEE~r..JI,.' .'~"""
MONDAY, MAY 4, 1987 -~. '..(... " ,
ADMINISTRATOR'S OFFICE
~' " 5~.. CJONTRY CLUB ROAD
7:~ .M.
M I NUT E S
CALL TO ORDER
The Special Meeting of the Shorewood City Council was called to order
at 7:30 P.M. on Monday, May 4, 1987 in the office of the City
Administrator.
ROLL CALL
Present: Mayor Rascop, Councilmembers Haugen, Stover, Gagne and
Brancel.
Staff : Attorney Froberg, Engineer Norton and Administrator Vogt.
SHOREWOOD OAKS WATER DISCUSSION
Attorney Froberg reviewed with the City Council what has been
occurring over the past week relative to negotiations with Mr. Tom
Wartman regarding the water interconnection of the Shorewood Oaks
Development with the Boulder Bridge Farm Development. Mr. Wartman
not only requested an amendment to the existing Boulder Bridge Farm
Development Agreement, but also to get two adjacent proposed
developers to sign an agreement relating to connection to the Boulder
Bridge municipal water system. The two developers declined to sign
the agreement. As to the Boulder Bridge proposed amendment
negotiations, Mr. Wartman has requested a revised development
agreement with the City. His original Development Agreement stated
he could recoup some of the costs which were assessed to his property
for the installation of the deepwell and pumphouse serving the
Boulder Bridge Farm Development. That installation was oversized to
serve adjoining property outside of the development. One of the
requirements that Mr. Wartman wanted included in his Amended
Development Agreement was an extension of the Agreement to the year
1999. The agreement would then expire June 23, 1999 or whenever Mr.
Wartman recouped $158,000 plus interest accrued at 8% per year from
June 23, 1981 which date has been determined to be the completion
date of the Boulder Bridge Farm municipal water system. Although a
similar Amended Agreement had been tentatively agreed upon in 1986,
Mr. Wartman has requested several additional clauses. The feeling of
the Council at this time is that they do not want to bind themselves
to an extended Development Agreement and discussed how to proceed
without further negotiations with Mr. Wartman.
Attorney Froberg reviewed several options the City could consider in
an effort to allow the current Boulder Bridge Development Agreement
to expire on June 23, 1988 at which time connections outside of the
Boulder Bridge Development would no longer be required to pay the
connection fee of $2,000 plus 8% interest from 1981 to the Boulder
Bridge Developer. The Council discussed a proposal whereby the City
would pay for outside connections to the Boulder Bridge municipal
water system from the General Fund (Contingency Fund) for those
connections in the Shorewood Oaks Development.
tA
SPECIAL COUNCIL MEETING
~ MONDAY, MAY 4, 1987 .
page two
.
SHOREWOOD OAKS WATER DISCUSSION - cont.
Said payments would cover connections between now and June 23, 1988
at which time the Boulder Bridge Farm Development Agreement would
expire and connections in Shorewood Oaks would no longer pay a
connection fee. The connection fees paid by the Contingency Fund to
Boulder Bridge between now and the expiration date of June 23, 1988,
would be repaid with interest from future water connections.
Connection fees outside of Shorewood Oaks would be paid by the
respective property owner. Motion by Gagne, seconded by Brance1, to
approve of the proposal to pay for the Shorewood Oaks connections to
the Boulder Bridge Farm municipal water system from the Contingency
Fund until June 23, 1988 to be repaid with interest from future
connections. Motion carried unanimously.
ORDER IMPROVEMENTS FOR SHOREWOOD OAKS DEVELOPMENT PROJECT NO.87-1
RESOLUTION NO. 50-87
Haugen moved, seconded by Gagne, to approve a Resolution Ordering
Improvements for Shorewood Oaks Development Project No. 87-1. Motion
carried - 5 ayes by Roll Call Vote.
ACCEPT BID FOR SHOREWOOD OAKS DEVELOPMENT PROJECT
RESOLUTION NO. 51-87
Haugen moved, seconded by Gagne, to approve a Resolution Accepting
Bid for Shorewood Oaks Development Project No. 87-1 from R.K.I. -
Richard Knutson, Inc. in the amount of $1,204,594.95. Motion carried
- 5 ayes by Roll Call Vote.
WCL ACRES DISCUSSION
Mr. Herb Gager of 23640 Yellowstone Trail appeared before the City
Council to discuss the effects of the WCL Acres Development Project
on his property. The WCL Acres proJect lslocated directly south of
Mr. Gager's residence. The concern is that the new street will come
out directly in line with his front windows and car headlights will
shine into his home at night. Engineer Norton reviewed the
construction staking for the roadway stating that the stakes are
normally off set from the location of the actual construction. The
Council and staff went over the construction plans with Mr. Gager.
Because of the location of the proposed street in relationship to the
front of the house, Mr. GageL requested if any screening would be
installed as part of the project. The Council indicated that none is
planned and dlrected Mr. Gager to contact the developer, Dick Larsen,
to make the request for screening. The Council took no further
action.
Motion by Haugen, seconded by Brancel, to adjourn the Special Meeting
of May 4, 1987 at 8:25 p.m. Motion carried unanimously - 5 ayes.
Respectfully submitted,
Robert Rascop
Mayor
Daniel J. Vogt
City Administrator
-2-
,
CITY OF SHOREWOOD .
REGULAR COUNCIL MEETI
MONDAY, MAY 11, 1987
COUNe CHAMBERS
5755 . UNTRY CLUB ROAD
7:30 P.M.
. .
M I NUT E S
CALL TO ORDER
The Regular Council Meeting of the Shorewood City Council was called
to order at 7:30 p.m., Monday, May 11, 1987, in the Council Chambers
by Mayor Rascop.
PLEDGE OF ALLEGIANCE AND PRAYER
Mayor Rascop opened the Regular Council Meeting with the Pledge of
Allegiance and a Prayer.
ROLL CALL
Present: Mayor Rascop, Councilmembers Brancel, Stover, Gagne and
Haugen (7:34 p.m.).
Staff
Attorney Froberg, Engineer Norton, Administrator Vogt,
Planner Nielsen and Clerk Kennelly.
APPROVAL OF MINUTES
Gagne moved, seconded by Brancel, to approve the minutes of the April
27, 1987 meeting with clarifications of Resolution numbers. Motion
carried - 4 ayes - (Haugen absent).
PLANNING COMMISSION REPORT
Stover indicated that agenda items 7-14 were discussed at the
Planning Commission meeting. She will comment on each item as they
are brought up on the agenda.
PARK COMMISSION REPORT
Mark Laberee stated that the Commission discussed park fund fees on
three new developments. The Commission recommended that the fill
being hauled into Freeman Park be delivered into and out on Eureka
Road. Staff has recommended that the Highway 7 access be used for
safety and to eliminate road damage. Gagne felt the gravel should
be oiled prior to hauling. Vogt will try to get a damage clause
from the contractor for the tarred area at the entrance to the
Park. Vogt will get a cost estimate to install berms in the park.
Gagne moved,
entrance for
ayes.
seconded by Haugen, to support the use of the Highway 7
hauling as recommended by staff. Motion carried - 5
-1-
i8
COUNCIL MINUTES
MONDAY, MAY 11, 1987
page two
.
.
CONSENT AGENDA
BOARD OF REVI EW
The local board of review will be scheduled to hear questions on
the 1987 valuations, on Thursday, May 28, 1987 at 7:30 p.m. in the
Council Chambers.
SILVERWOOD PARK PLAN APPROVAL
The Park Comm1ssion submitted their plans for Silverwood Park for
Council approval.
Stover moved, seconded by Haugen, to approve the items listed on
the Consent agenda. Motion carried - 5 ayes.
PROVIDE FOR THE ISSUANCE
IMPROVEMENT - PROJECT NO.87-1
AND SALE OF BONDS SHOREWOOD OAKS
RESOLUTION NO.52-87
Jerry Shannon of Spr1ngsted, Inc. was present to recommend the sale
of $1,450,000.00 in temporary improvement bonds. This would provide
for a lower initial percentage rate and possible early retirement.
The bond will cover the total construction costs for Shorewood Oaks
to be totally assessed against the project. Council questioned the
interest rates and rollover cost.
The recommended date of bond sale would be June 8th at 12:00 noon at
Springsted's office. The bids will be submitted to Council at 7:30
p.m. that evening.
Gagne moved, seconded by Haugen, to approve the $1,450,000.00 bond
sale on June 8, 1987 for Shorewood Oaks Project No. 87-1. Motion
carried by Roll Call Vote - 5 ayes.
BRENT RIDGE - DENIAL OF REZONING
Wayne Tauer of Pioneer Engineering representing United Mortgage
Corporation explained plans for a rezoning from R-1A toR-1C to
develop 26 single family lots. These lots are to be located on the
north east corner of Howards Point Road and Smithtown Road. There is
a 31+ acre lot with approximately 10 acres in wetlands. It is
necessary for them to reconstruct approximately 450' of sewer line in
order to service the property. They will be obtaining water from the
Boulder Bridge system at $3,000.00 per unit. Mr. Tauer felt the
24,313 square foot lot subdivision is compatible with the
neighborhood. The Planning Commission did deny a similar 26 lot
proposal with a straight line street plan.
~ascop asked for public comments that were not already submitted to
the Planning Commission. Ellen Gallagher, one of the owners of the
property, stated that they have the right to sell the property as did
the previous owner. The property has been for sale for 6 years and
none of the adjacent property owners have ever approached them about
purchasing any portion of th1s property. She feels that United
Mortgage is a very reputable developer and will do the best job with
this project. She did not feel there was any greater impact by
developing 26 lots as opposed to 24 as previously requested.
-2-
COUNCIL MINUTES .
MONDAY, MAY 11, 1987
page three
.
BRENTRIDGE - DENIAL OF REZONING - cont.
Haugen referred to the square foot map for area lot sizes. The
Planning Commission felt that .24 lots would then bring the lot square
footage up to 25,000 square feet in size.
Mr. Tauer stated that the reduction of 2 lots would make the
development economlcally unfeasible.
Haugen moved, to approve the preliminary plat as submitted.
died for lack of a second.
Motion
Gagne moved, seconded by Brancel, to deny the prelimlnary
direct the Attorney to prepare a Resolution stating Finding
and conclusions denying the request to be presented at
regularly scheduled meeting. Motion carried by Roll Call
ayes.
plat and
of Facts
the next
Vote - 5
WESTWOOD 4TH ADDITION-PRELIMINARY PLAT APPROVAL RESOLUTION NO.53-87
Planner Nielsen reviewed Mr. Eisenreich's request to divide up his
present homestead into 5 lots that meet the zoning requirements. The
Planning Commission has recommended approval.
Mr. Eisenreich has redesigned his subdivision to incorporate a 40'
strip for a tot land as requested by the residents on Star Lane, in
lieu of park fund fees.
Rascop would like the Park Commission opinion on this lot and whether
they would want this lot or whether it should be an association park.
Haugen moved, seconded by Gagne, to recommend approval subject to the
planners recommendation and conditioned upon the Park Commissions
recommendations. Motion carried - 5 ayes by Roll Call Vote.
TOWNE ADDITION - PRELIMINARY PLAT APPROVAL RESOLUTION NO.54-87
Developer William Ecoff asked Nielsen to explain his proposal. The
original 10 lot proposal has been verbally reduced to 9 lots in order
to double the present house lot. The subdivision does comply with
the Zoning Ordinance. Park fund fees have been recommended lieu of
land acquisition. The Engineer indicated that three of the homes
will require a private pump system to connect to sanitary sewer.
/
A petition has been received opposing the subdivision due to numerous
stated reasons. (Petition copy attached).
A drainage plan will have to be submitted that will provide a 100
year rain fall storage and cause no additional run-off to other down
stream properties.
Council asked if a statement would be needed from down stream
property owners, accepting the drainage proposals. Nielsen did not
feel the agreement was necessary.
-3-
COUNCIL MINUTES .
MONDAY, MAY 11, 1987
page four
.
TOWNE ADDITION - PRELIMINARY PLAT APPROVAL - cont.
Gagne has been
run-Dff issue.
assessment policy
this subdivision.
approached by concerned residents about the drainage
Gagne felt this may be the time to d~scuss an
for storm sewer, but should not be a condition of
Stover moved, seconded by Gagne, to accept the Planning Commission
recommendations and approve the preliminary plat. Rascop offered an
amendment to include a drainage plan agreement from down stream
properties. Nielsen felt this should be handied with the final plat,
Rascop withdraw hIS amendment.
Gagne requested that Mr. Ecoff submit the building locatIon of Lot 10
to the resident to the east of the project, he agreed. Run-off
calculations will be determined to establish the needed storm sewer
storage. Motion carried by Roll Call Vote - 5 ayes.
GWK 2ND ADDITION - PRELIMINARY PLAT APPROVAL RESOLUTION NO.55-87
Torn Wickenheiser was present to request a 2 lot division of Outlot A
of GWK Addition. These lots will access from Wiltsey Lane. Staff
feels the maintenance and plowing should be taken over by the City,
as one of its residents has been plowing this road.
Nielsen has proposed an alternative (Exhibit C of Planners report
dated 4/29/87) that would provide for an extension of Wiltsey Lane
for access in case of future division. Rascop would like to see a
ghost plat with a road extension and possible future division.
Nielsen does not want dedication of an unimproved road. Stover
indicated that the Planning Commission recommended approval to
include a statement that no further division be allowed.
Concerns were expressed by area residents not wanting to be assessed
for road improvements. Joel Capesius, Don Fraser and Bob Mattson of
Club Valley Road expressed their disapproval of this subdivision
because they feel it will take away the natural barrier between them
and the highway. They also stated they were not mailed notification
of this subdivision. Nielsen produced a list of notices sent and
none were returned as undeliverable. Wickenheiser feels it's to his
advantage to leave as much barrier as POSSIble to best serve his lots
(Also, Gagne would like to see rezoning and subdivision signs posted
on the proposed sites in the future.)
Haugen
request
Council.
moved, seconded by Gagne, to approve the preliminary plat and
a development agreement be drawn and accepted by the
Motion carried - 4 ayes - I nay (Brancel).
Stover asked Attorney Froberg if a property on the corner, accessing
onto another road could be assessed for improvements to his side
street. Froberg indicated that the extent of the assessment would be
determined by a feasibility report provided by the City Engineer.
-4-
COUNCIL MINUTES .
MONDAY, MAY 11, 1987
page five
.
SIMPLE SUBDIVISION - 23880 SMITHTOWN ROAD
RESOLUTION NO.56-87
Mr. and Mrs. Don Shafer and Mr. Bill Henney, representing the
Shafer's, were present for their request for simple subdivision.
Stover indicated that the Planning Commission did not include
Shafer's dock parcel in their review or recommendation.
Mr. Shafer's request includes subdividing Parcel A, which includes
his residence, and Parcel B, to be combined with the property located
at 5580 Timber lane to allow road access to Timber Lane.
Stover moved, seconded by Brancel, to approve the simple subdivision
subject to the Planning Comm~ssions recommendations. Motion carried
by Roll Call Vote - 5 ayes.
SIMPLE SUBDIVISION - 5060 AND 5080 SHADY ISLAND POINT
RESOLUTION NO.57-87
Mr. Vern Zeller of 5060 Shady Island Point and Mr. Daryl Droba of
5080 Shady Island Point have requested a rearrangement of their lot
line to align the lot line with the existing house and fence. Both
lot sizes are non-conforming.
Haugen moved,
division and
Vote - 5 ayes.
seconded by Gagne, to
combination as requested.
approve the variance and the
Motion carried by Roll Call
CONDITIONAL USE PERMIT - SILVERWOOD PARK PUMPHOUSE
RESOLUTION NO.58-87
Gagne moved, seconded by Brancel, to grant the conditional use permit
for the Silverwood Park Pumphouse subject to the Planners
recommendations. Motion carried by Roll Call Vote - 5 ayes.
CONDITIONAL USE PERMIT - MANOR PARK SHELTER BUILDING
RESOLUTION NO.59-87
Stover moved, seconded
permit for the Manor
Roll Call Vote - 5 ayes.
by Gagne, to approve the conditional use
Park shelter construction. Motion carried by
Nielsen indicated that minor design changes could be made, major
alterations would require another public hearing.
Vogt
sell
Park.
Walz can
stated that he has contacted Mr. Walz regarding his request to
a portion of his property to the City for an addition to Manor
Vogt feels a survey will be needed to determine whether Mr.
divide his property and if so, how much could be offered.
-5-
, '
COUNCIL MINUTES .
MONDAY, MAY 11, 1987
page six
.
AMENDMENT TO NEAR MOUNTAIN DEVELOPMENT AGREEMENT
RESOLUTION NO.60-87
Gagne moved, seconded by Haugen, to
Development Agreement and authorize
carried by Roll Call Vote - 5 ayes.
accept the amendment of the
signature thereof. Motion
MCKINLEY PLACE 3RD ADDITION - FINAL PLAT AND DEVELOPMENT AGREEMENT
RESOLUTION NO.61-87
Haugen moved, seconded by Stover, to approve the Final Plat and
Development Agreement for McKinley Place 3rd Add1tion as submitted.
Motion carried by Roll Call Vote - 5 ayes.
APPEAL OF NOTICE OF REMOVAL - MINNETONKA COUNTRY CLUB
Mr. Bohdan Witrak was present to request an extension of time to
obtain a burning permit to dispose of a large pile of debris at the
Minnetonka Country Club. There have been complaints from residents
that there are rats in the debris. Mr. Witrak stated that the debris
has been watched and no rats exist, and the pile has been sprayed for
rodents. Mr. Witrak explained that he did have a burning permit last
winter but did not burn because of the lack of snow cover, and now
the Pollution Control Agency has a burning ban in effect. He has
asked for a delay of removal until they can obtain a burning permit
from the Pollution Control Agency, he feels the physical removal
would be too difficult.
Gagne moved, seconded by Brancel, to require the removal of all the
debris by May 21, 1987. Haugen offered an amendment to allow burning
if a permit can be obtained and anyth1ng remaining on the 21st would
then be hauled out. The amendment was not accepted by motion.
Motion carried - 4 ayes - 1 nay (Stover).
ATTORNEYS REPORT
Condemnation Hearings
Froberg stated that the condemnation hearing for the Majestic
drainage easement is scheduled for June 22, 1987. The water tower
site hearing is scheduled for June 23, 1987, and ownership will be
effective on August 28, 1987.
ENGINEERS REPORT
Preparation of Plans
Proiect
and Specifications for Street Improvement
RESOLUTION NO.62-87
Council reviewed the priority list of street improvements.
Stover moved, seconded by Gagne, to accept the list submitted with
changes to projected work on Enchanted Lane, Meadowview Lane and
Cathcart Drive to patching, cracksealer and sealcoating. Motion
carried - 3 ayes - 2 nays. (Haugen and Rascop).
Norton will return with detailed cost changes.
-6-
COUNCIL MINUTES .
MONDAY, MAY 11, 1987
page seven
.
ENGINEERS REPORT - cont.
Preparation of Plans and Specifications for Street Improvement
Proiect - cont.
Gagne moved, seconded by Haugen, to authorize preparation of plans
and specifications for the 1987 Street Improvement ProJect. Motion
carried by Roll Call Vote - 5 ayes.
PLANNERS REPORT
Shorewood Shopping Center Building Permit Request
Mr. Scott Smith of Ryan Construction Company has submitted a
request for a building permit for an area to be used as a childrens
clothing store. Nielsen informed him at that time that a sign plan
would have to be submitted that would bring the entire shopping
center signage into conformance.
Nielsen stated that this plan has been submitted and complies.
Haugen moved, seconded by Gagne, to approve the commercial building
permit request. Motion carried - 5 ayes.
"No Dumping" Sian Request
A request to post "No Dumping" signs along a vacant piece of
property along Eureka Road, was made by Mr. Vern Watten. This area
has been dumped in many times in the past.
Gagne moved, seconded by Brancel, to authorize the posting of "No
Dumping" signs. Motion carried - 5 ayes.
ADMINISTRATIVE REPORTS
Church Road Improvements - Cathcart Park
Chanhassen has notified Shorewood of proposed improvements in the
area of Cathcart Park. The proposed improvements would cost
Shorewood $28.740.00, of which $10,051.00 would be for sewer
improvements. Mark Laberee of the Park Commission feels the water
and street improvement could be of benefit, but sewer is not
needed. Vogt feels the petition was requesting sewer only at this
time.
Stover moved, seconded by Haugen, to
Chanhassen indicating that sewer would
property. Motion carried - 5 ayes.
respond in writing to
be of no benefit to this
-7-
COUNCIL MINUTES .
Monday, May 11, 1987
page eight
ADMINISTRATIVE REPORT - cont.
.
Corridor Studv Discussion
MnDOT would like Shorewood to support another alternatlve plan that
would realign Old Market Road with Highway 7. This would move the
new intersection further away from Vine Hill Road and create a
north/south flow with St. Albans Bay Road. This alternative would
also propose to detach the frontage road behind the commercial
areas at Vine Hill Road. Vogt felt the cost of the Vine Hill Road
detachment would be too costly for the City. He felt that other
cities affected by the Vine Hill intersection should participate in
the cost to improve the intersection.
Haugen moved, seconded by Gagne, to continue supporting the
original alternative submitted (Alternative 1 for the Vine Hill/Old
Market area) and direct a letter to the Met Council opposing their
professional conduct in disregarding the City's comprehensive plan
in this matter. Motion carried - 5 ayes.
Congratulation on Clerk Kennellv's C.M.C.
Vogt and Council congratulated Clerk
certified municipal clerks status from
Association.
Kennelly on recelv1ng her
the International Clerks
MAYORS REPORT
LMCD
The LMCD has taken a poll on reducing the night speed limit on Lake
Minnetonka to 15 MPH, 8000 responded lower speed and 4000 responded
higher speed.
COUNCIL REPORTS
Liquor contract for Liquor Store I has been agreed upon.
Gagne requested that the junk at the burned out house on County
Road #19 be cleaned up.
APPROVAL OF CLAIMS AND ADJOURNMENT
Haugen moved, seconded by Gagne, to adjourn the Regular Council
Meeting on May 11, 1987 at 11:35 p.m. subject to approval of claims
for payment. Motion carried unanimously - 5 ayes.
General and Liquor Funds - Acct #00-00166-02
General
$80,683.04
Checks #050610 - 050693
Payroll Check List:
Checks #201173 - 201205
Total
$ 8,894.76
$89,577.80
Liquor
$39,855.62
$ 2,693.49
$42,549.11
Robert Rascop
Mayor
Sandra L. Kennelly
City Clerk
-8-
...
CHECK NO
050610
050611
050612
050613
050614
050615
050616
050617
050618
050619
050620
050621
050622
050623
050624
050625
050626
050627
050628
050629
050630
050631
050632
050633
050634
050635
050636
050637
050638
050639
050640
050641
050642
050643
050644
050645
050646
050647
050648
050649
050650
050651
050652
050653
050654
050655
050656
.
.
GENERAL & LIQUOR FUNDS - BILLS PAID SINCE May 7, 1987
TO WHOM PAID
(G)
MedCenters Health Plan
South Tonka League
Hennepin County Treasurer
Old Dutch Foods, Inc.
Mark VII Distributors, Inc.
Griggs, Cooper & Co.
Soda Purchases
NSP Co.
Waste-Management (Savage)
Minnegasco
A T & T Consumer Products
Pogreba Distributing
Bellboy Corp.
Thorpe Distributing
MN Suburban Newspapers
RBKS Corp/Nelson Delv.
G & K Services
Prior Wine Co.
North Star Ice
Royal Crown Beverage
Air Refrigeration
Thorpe Distributing
East Side Beverage Co.
Coca Cola Bottling Midwest
Day Distributing Co.
Ed, Phillips & Sons, Co.
Johnson Brothers
SW Suburban Publishing
Albinson
American Linen Supply
Title Insurance Co.
Petty Cash
Earl F. Andersen & Assoc.
Vern Anderson
Bob's Personal Coffee Servo
Braun Engineering Testing
C,G, Braun Turf Farms
Chanhassen Lawn & Sports
Chapin Publishing Co.
Chaska Parts Servo
City of Tonka Bay
Consolidated Typewriter
Electric Motor Repair
Itasca Equipment Co.
Kraemer's Home Center
Long Lake Ford Tractor Inc.
M-V Gas Company
"
"
(L)
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
(G)
"
"
"
"
"
"
"
"
"
PURPOSE
Employee Health Insurance - May '87
Recycling program
Special Assessments - 1st half '87
Misc. Purchases
Beer & Pop Purchases
Liquor Purchases
Pepsi-Cola Bottling
April service
Garbage Collector
Utilities
Ut il i ties
Beer, Pop & Misc. purchases
Liquor purchases
Beer purchase
Advertising
Liquor, Wine purchases
Laundry Service
Wine purchase
Misc. Purchases
Pop Purchases
Thermometer
Beer purchases
Beer purchases
Soda purchases
Pop, Beer and Misc. purchases
Wince, Liquor purchases
Wince purchases
Canterbury Tab-Advertising
Technical Reproductions
Laundry service- City Hall & Garage
Reimbursement of Title Search
General Supplies - City Hall & Postage
Hidden Driveway Signs
Stain & Paint exterior of Badger Park
Coffee, Filters - City Hall
Subgrade testing-Smithtown Rd.
Improvements to Park Fields
Portable Generator - Public works
S.E. Area Water Bid Adv.
Equipment naint. - Public works
Water-City Hall & Residential; Sewer
Maint. contract from 5/1 to 4/88
Repair Fan - Badge well
Equipment maintenance - public works
Basketball net/ hoop - parks
Repair Backhoe - public works
Gas - public works
-1-
AMOUNT
$ 466.75
292.72
1,431.02
89.58
6,711.20
2,494.16
579.65
260.87
14.00
82.19
12.95
2,392.65
1,925.97
3,932.40
69.12
225.50
39.50
248.97
216.90
52.60
66.00
4,389.95
5,551.80
548.80
3,301.26
629.80
2,730.86
169.00
5.05
142.40
15.00
9 50
58.36
750.00
99.50
252.20
18,050.00
6.65
166.92
11.52
465.04
110.00
48.90
927.00
17.97
634.91
55.00
.~
CHECK NO
.
.
GENERAL & LIQUOR FUNDS - BILLS PAID SINCE MAY 7, 1987
TO WHOM PAID
050657 (G) R & W Roll-Off Service
050658 (G) Red Wings Mobil Service
050659 (G&L) Froberg & Penberthy,P.A.
050660
050661
050662
050663
050664
050665
050666
050667
050668
050669
050670
050671
050672
050673
050674
050675
050676
050677
050678
050679
050680
050681
050682
050683
050684
050685
050686
050687
050688
050689
050690
050692
050692
050693
(G&L)
(G)
(G)
(G&L)
(G)
(G&L)
(G)
(G&L)
"
(G)
Bank Excelsior
City of Excelsior
Israelson, Reese, Ellingson
Satelite Industries, Inc.
Tonka Auto and Body Supply
Tonka Printing Co.
Vessco Ins.
Water Products Co.
Pepsi-Cola Bottling Corp.
Orr-Schelen Mayeron & Assoco
"
Navarre Hardware
Munitech, Inc.
WM Mueller & Sons, Inc.
Minnegasco
Midwest Asphalt Corp.
James Maiser, CPA
Midwest Animal Servo
Matthis, Roebke & Eberg
Ameridata Systems, Inc.
Best Regards, Floral Design
Frederick-Sherry Office Supp.
Linsk Flowers
NSP Co.
First State Fed. S & L.
MN Suburban Newspaper
Weekly News, Inc.
Metropolitan Waste Control
Public Employee Ret. Assoc.
Commissioner of Revenue
ICMA Retirement Corp.
AFSCME Local #224
City-County Credit Union
Child Support Enf. Unit
Daniel J. Vogt
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
PURPOSE
Spring city clean-up
Tire repair - public works
Legal fees - April, 1987
Prosecutions - Genl. 4,455.50
Zoning / Subd 300.00
On going Development 168.75
Eureka Rd. 227.50
S.E. Area Water 600.00
Shorewood Oaks 1,050.00
Liquor I 93.75
Liquor II 18.75
Water 75.00
05/09/87 Payroll-FWH, FICA
1st quarter ' 87-Water Purchase
Reproductible Set of Construction
Chemical toilets - parks
Equipment & Genl. supplies-public works
Business Cards - Council & Staff
Woodhaven well Gaskets O'Rings
Meters for resale
Pbp purchase - City Hall
Engineering Fees
General $ 933.48
Development 986.19
MMCC Lift-Station 518.92
Small Tools/Equip Maint - Public Works
Water/Sewer Maint.; Auto Dialer-Badger
Oil - Dust Coat - Freeman Park
Utilities - Boulder Bridge pump hse
Rock - Freeman Park
Annual Audit-Gov/Water/Sewer/Liquor
Animal Control
Accounting Servo - Genl./Liquor Store
Computer Diskette, Printer Ribbons
Funeral Arrangement-Randall
Sound Shield-NEC Printer-Planning
Flowers - Stover
City - wide electricity
Refund of Special assessment search
Legal notices
Legal Notices
SAC Charges - April, 1987
05/09/87 Payroll - PERA
05/09/87 Payroll - SWH
05/09/87 Payroll - ICMA
05/09/87 Payroll - Union Dues
05/09/87 Payroll - Credit Union
05/09/87 Payroll - Child Support
Mileage & Meeting Expense 4/24-5/15
-2-
AMOUNT
$ 12,240.00
25.50
6,989.25
3,867.96
1,263.00
10 5, 50
145.28
78.39
166.05
5.28
45.56
85.65
2,438.59
172.13
5,050.00
1,369.50
99.66
75.48
9,500.00
434.50
1,280.00
161.89
40.10
336.00
29.00
1,132.56
15.00
339.87
526.55
8,835.75
1 ,200.11
77 3.23
515.00
77 .50
32.00
145.00
189. 1'3
.
.
. GENERAL & LIQUOR FUNDS - BILLS PAID SINCE MAY 7, 1987
CHECK NO
TO WHOM PAID
PURPOSE
AMOUNT
SUBTOTAL - GENERAL
SUBTOTAL - LIQUOR
$ 80,683.04
39,855.62
PAYROLL CHECK LIST
201173 VOID VOID 0.00
201174 (G) Robert Rascop Mayor - May, '87 Salary 200.00
201175 Janice Haugen Council member - May, '87 Salary 134.82
201176 Barbara J. Brancel " " " " " 147.82
201177 Robert L. Gagne, Jr. " " " " " 150.00
201178 Kristi Stover " " " " " 150.00
201179 Daniel J. Vogt 80 hrs 899.06
201180 Sandra L. Kennelly 80 hrs 678.95
201181 Susan Niccum 80 hrs 462.30
201182 Shelly Trinka 80 hrs 333.07
201183 Evelyn Beck 80 hrs 623.71
201184 Kathleen G. Schwank1 80 hrs 510.14
201185 Bradley J. Nielsen 80 hrs 805.89
201186 Patricia R. Helgesen 80 hrs 454.51
201187 Charles S. Davis 80 hrs 425.62
201188 , Dennid D. Johnson 80 hrs 566.09
201189 " Daniel J. Randa 11 80 hrs 575.01
201190 " Howard V. Stark 80 hrs 516.54
201191 " Ralph Wehle 80 hrs 463.17
201192 " Donald E. Zdraz i1 80 hrs 798.06
201193 (L) Russell R. Marron 80 hrs 486. 77
201194 " Robert F. Nash 80 hrs 152.78
201195 " Christophe Schmid 80 hrs 153.24
201196 " Donald Tharalson 80 hrs 45.00
201197 " Ross Nasset 80 hrs 136.78
201198 " John F. Thompson 80 hrs 41. 23
201199 " John F. Josephson 80 hrs 85.91
201200 " William F. Josephson 80 hrs 518.75
201201 " Susan M. Latterner 80 hrs 155.16
201202 " Steven D. Maeger 80 hrs 254.44
201203 " Christophe J. Meyer 80 hrs 82.97
201204 " Dean H. Young 80 hrs 486.81
201205 " Joel S. Bovee 80 hrs 93.65
SUBTOTAL - GENERAL
SUBTOTAL - LIQUOR
8,894.76
2,693.49
TOTAL
TOTAL
- GENERAL
- LIQUOR
89,577.80
42,549.11
-3-
"
tunDc.REn
BROSCONSTRUCTION
. INC.
.
935 EAST WAYZATA BOULEVARD. WAYZATA. MINNESOTA 55391 · (612) 473-1231
May 12, 1987
Mr. Dan Vogt
Shorewood City Administrator
5755 Country Club Road
Shorewood, Minnesota 55331
Re: Streetlight for McKinley Place 2nd Addition
o
Dear Dan:
I have discussed the above topic with our NSP representative, Larry
Fortun, and we agree that the appropriate location for a street light is
between Lots 8 and 9, as shown on the accompanying plat.
I do not recall Shorewood's procedure for authorizing this kind of
installation, but wish to initiate the process.
Very truly yours,
LUNDGREN BROS. CONSTRUCTION, INC.
1//'i/
/: .:/ '1/. ;/:/'\'"
/
Michael A. Pflaum
MAP/md
enclosure
cc: Larry Fortun
58
\<~"/;" .
. 9TH ADDmON
D
D
10TH ADDmON
"
\
\
~.~.~: J'~:-<:::"'" ;:;..,l
"
<'
<:
0:
'~"7 ;~::::. "7"
r-- -.--
I .,
i ~~
'vf', 1-- (';'
- ~j ~ ~:
L ~~ ~,= g
b
I :..)
I
i
<!
_J
J
I-
I ,:
H~;~
1_____ __ ___ ____
~":l ::,\~{'J:~':':';'~;;"
,.J
r---
':' ~_;: ,":., ~i "': i:':: ':I
8
'8 "
,
.I-:;i ;'L~'':~
~
~ t-\OllN~
~~
CHESTNUT RIDGE
"
CHEsmUf RIDGE AT NEAR MOUNTAIN
9TH and 10TH ADDmONS
.
935 East Wayzata Blvd_
Wayzata. MN 55391
Phone: (612) 473-1231
.
Shown above are all drainage and utility
easements dedicated in the final plat Not
shown are easements which may have
been created by other instruments.
Lundgren Bros. Construction, Inc., reserves
the right to sell lots in this subdivision to other
builders and makes no representation that all
houses in this subdivision will be built by
Lundgren Bros.
I
.Y15917
.
ORR .SCHELEN. MAYERON & ASSOCIATES. INC.
Consulting Engineers
Land Surveyors
May 14, 1987
City of Shor,wood
5755 Country Club Road
Shor,wood, Minn,sota 55331
R, : South,ast Ar,a Trunk Wat,r Main and
Appurtenant Work
Proj,ct No. 86-1E
E~closed are four (4) copi,s of Constructio~ Payment Voucher No. 2 & Final on the r,ferenced project in the amount of
$ 27158.09.
Pursuant to our field observation, as performed in accordance ~ith our contract, we hereby certify that the
materials are satisfactory and the work pro~frl~ perlorrned in accordance with tne plans and specifications.
Upon receipt of affidavit, State of Minnesota Form 134, ard also Receipt and Waiver of Lien Rights iron.
!j: I rJr'H , Inc., piease luke paYIT:ent to Wicher, Inc., Box 219, St. Bonifacius, Minnesc,u 55375
at yo~r earliest convenience.
~iry truly yours,
CRR-SCHELEN-MAYER('t~
& ASSOCIA,ES, INC.
~,,~, f r;~~
James P. Ncrton,P.E.
"T:JHt Engineer
J~~.~ : RiJD
Enclosures
cc : Widmer, inc.
2021 Fa.c;t Hpnnf:win A venue . Suite 23R . Minnp8oo!is. Minnesota 55413 · 612/331- 8660
5C
.
.1
Estimate Voucher No. 2 l Final
~ CONSTRUCTION PAYMENT VOUCHER
~
Date
May 14, 1987
For Period Ending
Apr i 1 30, 1987
Project Number 86-1E
-------------------------------------------------------------------------------------------------------
CI ass of Work
Trunk Water Hain and Appurtenant Work
-------------------------------------------------------------------------------------------------------
Location
To : Wilber, Inc.
------------------------------------------------------ Box 219
Southeast Area St. Bonifacius, Minnesota 55375
For
City ot Shore~ood, Hennepin County, Minnesota
A. Original Contract Amount
..
39107.50
B. Total Additions
..
0.00
C. Total Deductions
..
0.00
D. Total Funds Encumbered
..
39107.50
E. Total Value of Work Certified to Date
$
40458.57
F. Less Retained Percentage
o
I.
$
0.00
6. Less Total Previous Payments
$
13300.48
H. Approved for Payment, This Report
$
27158.09
I. 10tal Payments Including This Voucher
..
40458.57
J. Balance Carried Forward
..
-1351.07
APPROJALS
ORR-SCHELEN-MYERcti &: ASSOCIATES, INC.
Pursuant to our field observation, as performed in accordance with our contract, ~e hereby certify that the materials
are satisfactory and the ~ork properly perfor~ed in accordance ~ith the plans and specifications and that the total
\!lorK is 100 I. cmp leted as of Apr 11 30, 1987 . We hereby reconrnend paYllent of th is voucher.
______________n________n_____ . L f 11 ~
S'g'" ____~;;;;;:;;;;;-~;;;;;;;--------------- S'g'" :--<::::i'------:----:-.I7'-~~---
-------------------------------------------------------------------------------------------------------------------------
l~!!s is to certih that to the best of my kntv,llledge, information, and belief, the quantities and values of ~orj(
certified herein IS a fair approximate estiroate for the period covered by this voucher.
Con tr ac tor'
Wilber, Inc.
Signed By
-------------------------------------------------
Date :
Title
-------------------------------------------------
------------------------------------------------------------,
Ci ty of Shore\llood Approved for PaYlllent
Voucher ------------------------------------ -------------------------------------------------
Checked By Authorized Representative
Date
Da.te
-------------------------------------------------
Page 1 of 3
3707.60
Esti~ate Voucher No. 2 & Final
Date : May 14, 1987
Southeast Area TrunK Water Main and Appurtenant Work
Project No. 86-IE
for the
City of Shorewood, ~ennepin County, Minnesota
Contact Date : October 30, 1986
Work Complet~d : Aorll 30, 1987
Item
No.
1t1'1ft
Un it
Contrac t
Quantity Unit Price Total Price
Contractor: WidMer, Inc.
Box 219
St. Bonifacius, Nn. 55375
Work Started
C~pletion Date: 30 Working Days
Work C~p1Pted
Th i s Prev i ous ~oun t
Month Month This Month
Tota I to Date
Quantity Total Price
.
----------------------------------------------------------------------------------------------------------------------------------------------------
Sch~dul~ "A' - City Project 86-IE consisting of Trunk Water Nain
and Appurtenant Work
I> Water Kain P'ipe in Place (All Depth Zones)
2611.2 12' D.I.P. Class 50 L.F. 1350
2611.2 6' D.I.P. Class 52 L.F. 200
2611.2 Granular Foundation Ton 50
2)
2611.2
2611.2
2611.2
261 1. 2
2611.2
3)
2611.2
261 1. 2
Page 2 of 2
18.77
i3.00
7.00
25339.50
2600.00
350.00
Total for Item No. ...,..........,1,......................... 28289.50
Vaivl's and Boxes, Fittings and Specials
12' Butterfly Valves and Boxes Ea.
6' Gate IJalves and Boxes Ea.
12' Retainer Glands Ea.
6" Retainer Glands Ea.
Fittings Lbs.
2
6
16
26
2100
700.00
400.00
33.00
10.00
.70
Total for Item No.2.......................................,'
Hydrants
Hydrants
Hydrant Extensions
Ea.
L.F.
4
2
850.00
155.00
Total for It~ No.3 .......",...,.,...............,.....,..$
3707.60
1400.00
2400.00
528.00
260.00
1470.00
6058.00
3400.00
310.00
3710.00
1401
200
60
0 26296.77 1401 26296.77
0 2600.00 200 2600.00
0 420.00 60 420.00
------------ ------------
$ 29316.77 $ 29316.77
0 1400.00 2 1400.00
0 2400.00 6 2400.00
0 528.00 16 528.00
0 260.00 26 260.00
0 1505.00 2150 1505.00 .
------------ ------------
$ 6093.00 $ 6093.00
0 3400.00 4 3400.00
0 0.00 0 0.00
------------ ------------
$ 3400.00 $ 3400.00
2
6
16
26
2150
4
o
.
09'LOLf
lS'8G~O, S.......................................................................... il~a Ol l'lOI
lS'SS,OP $.
OS'ZO,
00'69Z
SE
J
OS'ZOP
DO' 69Z
SE
J
09'01
00'69l
jiddu3 .~. idAl .Z
dnoJ9 iJlnJiS .l
Li' 98l6& ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I I . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . .. l e lO 1
U ' 9Sl6E U'98l6E $
00'U6 J OO'U6 $
------------ ------------
OO'lOl 10J OO'lOl 0
OO'OpZ f: OO'Opl 0
OO'OE f: OO'OE 0
101
E
E
.
iJ!Jd I'lol ~l!lU'n6
il'O Ol l'lol
4lUOW S!41 4luoW 4lUOW
luno~ sno!niJd S!41
Pili I dllllJ ~JO"
,
~
OS'1016E $"'..".."'....' ( p nJ4l I SUliH ) .1;1. ilnpi4JS JOt 1'.01 PU'J9
OO'OGOI
OO'OOl
OO'OZE
OO'Of:
$. . . . . . . . . . I . . . . . . . I . I . . . . . . . . . .. .. . . . . . . .. " ~ . oN Wi II JO t l'e l 0 1.
OO'l
00'08
00'01
'~'1
"3
"3
JiddoJ .1
SiXOS pur SoolS sqJnJ .1
S~JoJ UOllEJodJoJ .1
iJEld U! SiJlnJiS isnoH
001
P
f:
iJ!Jd l'lol iJIJd llun ~l!lu'n6
P'JluoJ
pun
Will
f: to B i6Ed
Z' 119Z
Z'Il9Z
Z' Il9Z
(17
'ON
Illill
'lOSiUUIW l~lunoJ UIOiUUiH 'pOO~iJ04S to AllJ
i4l JOt
31-98 'ON lJifOJd
~JOM lUEUilJndol;1 PUE U!EW JilEM ~unJl EiJl;1 lSEi4lnos
lB61 'PI AEW
IEUI:l ~. Z
'ON Ji4JnOn i.tllllls3
ilEO
."
.
.
. .
CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Kristi Stover
Robert Gagne
Barb Brancel
ADMINISTRATOR
Daniel J. Vogt
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
MEMORANDUM
TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL
FROM: BRAD NIELSEN
DATE: 14 MAY 1987
RE: HAUSER RESIDENCE - SITE ALTERATION VARIANCE
FILE NO.: 405 (87.16)
BACKGROUND
Mr. J. Brooks Hauser is in the process of building a new home at 27190
Edgewood Road (see Site Location map - Exhibit A, attached). Having been
advised of certain violations relative to allowable site alteration of a
lakeshore lot, Mr. Hauser has requested variances to provisions of Section
200.26 Subd. 7b. of the Shorewood Zoning Ordinance.
As you are aware there has been a considerable amount of concern raised by at
least one resident relative to the extent of site alteration which has taken
place in conjunction with the project. This site has, in fact, been altered
significantly. most of which was necessary for the relatively low site to
accommodate a relatively large home. There are areas on the site, however,
which have been altered beyond the scope of tbe building permit.
Specific violations include the following:
1. Grading and filling has taken place within 20 feet of the shoreline of
Lake Minnetonka. Areas of concern are illustrated on the applicant's
proposed grading plan (see Exhibit B, attached).
2. The slope to the south and east of the house exceeds 6:1 (six units
horizontal to one unit vertical) toward the lake.
3. More than one-third of the site bas been exposed at one time.
A Residential Communitv on Lake Minnetonka's South Shore
la
t
Re: Hauser variance
14 May 1987
.
.
In view of the neighborhood concerns it may be of interest to explain what
actions have taken place to-date. Following is a brief chronology.
October 1986 Shortly after the building permit was issued we received a
call from a neighboring resident stating that the lagoon to the east of the
site was being filled in. The site was inspected immediately and it was
discovered that the low area at the south end of the site was being filled
in addition to a considerable amount of backfill being placed around the
new foundation.
The excavating contractor was advised to stop work until such time as it
could be determined whether the low area was either designated wetland or
part of the Lake Minnetonka flood plain. He asked for. and was given.
permission to continue backfilling around the house. In retrospect. this
was not a wise decision on my part. It gave the appearance that nothing
was being done and took away the incentive for him to submit a necessary
grading plan.
January 1987 A letter was received from the Hauser's builder requesting
an extension of time to complete the requested grading plan. Since the
site work had been completed and no additional site work was being done.
the extension was granted.
March 1987 Having received a survey from the applicant. it was determined
that neither flood plain or designated wetlands had been altered. However.
the three specific violations enumerated above were verified and the
applicant was advised to either correct them or apply for appropriate
variances.
April 1987 The applicant's landscaper asked if they could begin
r~p-rapping the shoreline pursuant to a permit issued by the Minnehaha
Creek Watershed District (see Exhibit C. attached). The landscaper was
told that work could begin along the lakeshore. but no work should be done
in the lagoon until the variance issue has been resolved.
We again received a complaint from a nearby resident at which time we
inspected the site. It was found that rip-rapping had extended into the
lagoon. The landscaper states that he thought they could work up to the
portion of the site where improper filling had occured.
During that inspection it was discovered that yet another contractor had
begun grading along the northerly edge of the site. At this point we
posted two stop work orders (red tags) which stated that no further site
work of any kind could be done until an overall site plan. including
grading and landscaping. had been approved by the City Council.
May 1987 The swimming pool contractor was advised of the restriction on
site work.
- 2 -
Re: Hauser variance
14 May 1987
.
.
ANALYSIS/RECOMMENDATION
The applicant has submitted a letter of request (attached as Exhibit D). The
landscape plan referenced in the letter is attached as Exhibit E.
It should be realized that the current situation is the result of a
considerable amount of miscommunication and lack of coordination, much of
which is the fault of this department. The project 'seems to have had several
independent contractors all acting on their own. For example the builder was
our first contact. The contractor who was told not to encroach within 20
feet of the lake was apparently responsible only for excavating for the house
and pile driving. The excavator who was stopped from filling worked under
the direction of the owner. Once the fill had been placed the landscaper
took over. The rip-rapping has been done by yet another company. The pool
contractor is awaiting further approval.
In hopes of resolving this matter as quickly as possible it is recommended
that the owner be asked to appoint one individual to coordinate all future
site work. This individual will be responsible for implementing the plan
which is finally approved by the City.
We have contacted the Minnehaha Creek Watershed District and the Department
of Natural Resources for guidance relative to this matter. The MCWD has
responded in a letter dated 13 April, attached as Exhibit F. I also spoke
with Judy Boudreau, DNR Area Hydrologist, on 29 April. She stated that she
had been to the site when the problem originally arose. The DNR's primary
concerns relate to work in the lake or flood plain of the lake, neither of
which has occured (with the exception of rip-rapping which has been approved
by the MCWD). They are also concerned with proper erosion control. A silt
fence has been installed along the edge of the lagoon area. The DNR is also
concerned with c1earcutting of site vegetation. According to the applicant's
landscape plan, considerably more vegetation will be planted than was
removed. Finally, where rip-rapping is permitted, they require the use of
natural materials. In this case, large boulders will be used. Ms. Boudreau
has offered to respond to the request in writing if asked to do so by the
City.
Relative to the violations which currently exist, the following
recommendations are offered:
a. There is some question as to whether removing the fill within 20 feet of
the lake is necessary or even desirable. The material has now settled
and further disturbance may result in more damage than leaving it alone.
If it is allowed to remain, it is recommended that the remaining
rip-rapping be completed as quickly as possible. The area in question
should then be leveled with topsoil and sodded immediately.
If the small berm shown at the southeast corner of the site has been
graded it should be releveled.
- 3 -
Re: Hauser variance
14 May 1987
.
.
b. The slope to the south and east of the house should be corrected so as
not to exceed 6:1. This can be accomplished by regrading or construction
of a retaining wall or both.
.
c. The applicant should be required to provide a reasonable schedule for
completion of finish grading and landscaping. In the mean time all
exposed areas of the site should be well mulched to prevent erosion.
d. Site grading and drainage should be subject to review and approval by the
City Engineer.
Finally. it is recommended that rather than simply relying on the attached
graphics. the Planning Commission and Council should visit the site prior to
making a final decision on the matter. The Planning Commission will be
contacted prior to Tuesday night~s meeting to see if they would rather meet
on-site prior to the meeting or visit the site during the meeting. The City
Attorney has advised that the public hearing be held before adjourning to the
site. After returning to City Hall. the Commission would make its
recommendation.
It is also recommended that the City Engineer determine how much fill has
been placed (not including the backfill for the house). from which, the
appropriate grading permit fee can be calculated.
BJN:ph
cc: Dan Vogt
Glenn Froberg
Jim Norton
J. Brooks Hauser
Bruce Ma1kerson
Daryl Melquist
Pat Gorecki
~
- 4 -
t/>lNOJ.3NN/ J1/
3>1t/7
~JL::
CIl
U
s::
:z: CIl
.0"0
H oM
E-t UJ
<<CIl
t.)p::j
.j...IO
oM ....:l ~
..a CIl
oM ~ UJ
..c:E-t::l
~ H t\l
~tI)::C
3Nld
- I
'~I~ 31\191S\13
I
.
::0
!='
z
o
::0
-l
2S
l>
-l
/TI
II ~
~
~ ~------------
~ -_.~--
/~
~~/ ~t~G ..\.r-nrq"9
I Q:;lfy::'ll \
~~
. (3)1tt7 ~3ddn)
.
.
l
t
:
.'
'~""<
'J~' 1
r
~i.'
-''; "i
i;,."'-
f
",,-,'
.~
...,.,#./,_J_
......:-..!j/' .",-
-:. ;i ~
,,:~t ...
.....-.. l.-st,.."
t"'';'' ..,.
........-....-.
.;e:"
.
'';:1
..~
..
.f,
,
':4a!:"
..
"~
fiO:Y
".jIfO~\
~
itt
;."
..~.,
~,'~';".f ~.
~,~>, r~
.u-.
-x'"
,..'"
~.~
.." ;'
.,. .
~
~.
.(~
'"
~.
. .'
;i..
.,.f
...
,; ~
i.;:.. ..
. l~
-.Z :A.
"
. :i>. "'~...;
~ ...... ,', ,~.... <fIil .
? '~"" _..",\41,',:-(
-tIooi. .. ~..'.. .<~..3( ~ ""':
;' .' 'f"\
.~' ~
.
..
, ..~
f
J ~~
,.
1''11 ] j\J j\J E r.~A}1 .1:1.
C~EEK
A,
.",..~ . ~;.
~.,-.:
. ....('''1: '.-
~
,)
I
J
J
./
~g' ~~H.4 ~~
~. ~
I I
. . ".
.~~. '~'. ,$
'9oS'HED O\~
.
.
~.TERSHED IOUHDART
/
LAItE M'HHETOHItA
'AJ i' 1" -e ~ ~ 1:. ~ ;: n f"._, 'I S""I n.)r ',1 C l'
'w .:a \ I ..,. , 1 ~ J .i ......" .- _ ;..~ ~.
P,O, Box 387, Wayzata, Minnesota 55391
BOARO OF MANAGERS: Oa vid H. Cochran. Pres. . Albert L Lehman . John E. Thomas
Camille D. Andre . James R. Spensley . Richard R. Miller . Michael R. Carroll
~---
-~
~
~tICil',r~~.a'~___.......a,a."'~'lI!!'.IJ::g"....:::r....~:-:.~~~
-
Permit Application No: 86-201
Date: January 16, 1987
Owner: J. Brooks and Peg Hauser
27190 Edgewood Road
Shorewood, MN 55331
Location: City of Shorewood, SCE 29BC, Upper Lake,
Lake Minnetonka
Purpose: 730 lineal feet of rip-rap shoreline
erosion protection
Dear Mr. and Mrs. Hauser:
At the regularly scheduled January 15, 1987 meeting of the Board of Managers,
the subject permit application was reviewed along with the following exhibits:
1. Permit Application No. 86-201, received December 8, 1986.
2. Site plan and typical cross-section of the rip-rap placement, dated
December 6, 1986 prepared by Daryl Melquist of Bachmans.
The Board approved the permit application.
This document is your permit from the MCWD. It is valid for one (1) year. If
construction is not complete within one (1) year, an extension must be
requested. Please contact the District at 473-4224 when the project is about
to commence so an inspector may view the work in progress.
A"
Date
cc: Board
G. Macomber
B. Nielson, City of Shorewood
~Melquist, Bachmans
kh
Exhibi t C
MCWD RIP-RAP PERMIT
Dated 16 January 1987
.
.
J. Brooks Hauser and Peggy Hauser
1244 Canterbury Road
Shakopee, Minnesota 55379
612-445-3242
April 30, 1987
Chairperson Vern Watt en and
Members of the Planning Commission
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
RE: Variance Request by
J. Brooks and Peggy Hauser
Dear Chairperson Watten and
Members of the Planning Commission:
We purchased a lakeshore lot within the City of Shorewood
with the intent to build our family home on that lot. We
removed the existing house from that lot and commenced
construction of the home using Mr. Kenneth Durr as our
general contractor.
We hired Daryl Melquist of Bachman's to develop a detailed
grading, drainage, erosion control and landscaping plan in
order to make sure our home and resulting yard would be a
credit to the neighborhood and to the City. A copy of that
landscaping plan and grading plan are attached to our
application for a variance.
The landscaping plan will result in the planting of the
following at a minimum:
37 Evergreens
12 Shade Trees
11 Ornamental Trees
11,000 square feet of Shrubs
Once these plantings are completed, and we study the visual
effect of those plantings, we will add additional plantings.
As part of this process Daryl obtained a permit from the
Minnehaha Creek Watershed District (MCWD) to allow rip-
rapping of the shoreline in front of our home and along the
lagoon in order to prevent the continued erosion of the
shoreline. As part of that permit, Daryl reviewed the
drainage with the MCWD and they had no problems with it.
Exhibit D
APPLICANT'S REQUEST LETTER
~~~~~ ~n ^~~~, 1nQ7
.
.
city of Shorewood
April 30, 1987
Page 2
Thereafter, the grading was undertaken and the City informed
us that we should not have graded or placed any fill within
20 feet of the normal high water mark of a water body.
Neither we nor Daryl knew of such a requirement. We thought
we had all of the permits we needed when the MCWD issued the
permit. We are in error and we apologize for that error.
Fortunately, the amount of grading or fill within 20 feet
completed to date and proposed to be completed, if approved,
is very minimum, although very necessary.
When we acquired the property the lawn area to the lake was
full of holes which were dangerous for children to play
around, or adults to walk through. We regraded that area so
that a safe and attractive lawn could be developed and
maintained similar to that of our neighbors on both sides of
us. The drainage in front of the house would have flooded
the basement, so we needed to regrade the drainage away from
the house.
To date, the contractor has placed clean black dirt in a
varying depth of I" to 6", up to 12" in the deepest holes,
within 20 feet of the shoreline. We have now learned from
the City that a variance to Section 200.26 Subd. 7 (a) (b)
and (h) are required and we respectifully request the
variance for the following reasons:
1. The strict enfQrcement of a prohibition against such
grading and fill within 20 feet would cause an undue
hardship because without such limited fill and grading:
(a) The lawn area would be full of holes and be
dangerous for use by humans;
(b) The lawn could not be maintained;
(c) The lawn would look messy and adversely affect our
property value and those of our neighbors;
(d) The lawn would not be as attractive as that of our
neighbors who obviously work hard on their lawns
to keep them maintained and attractive;
(e) The rain water would drain into the basement; and
(f) The driveway area would erode away.
Exhibit D-2
.
.
City of Shorewood
April 30, 1987
Page 3
2. By reviewing the Comprehensive Plan, we could not find
that our proposal would be adverse to that plan, as
required by Section 200.05 Subd. 1.
3. We can see no facts that would support a finding that
our proposal will have any of the adverse effects as
outlined in Section 200.05 Subd. 2 (a). In fact, a
messy lawn will adversely affect established property
values in the neighborhood.
4. As noted above, special conditions and circumstances
exist which are peculiar to our land:
(a) The lawn was full of holes;
(b) The lawn did not drain properly;
(c) Other lawns in the area are filled and graded as
we propose and are well-kept;
(d) Everyone needs to have drainage patterns so water
does not flood the basement and the driveway does
not erode away; and
(e) These special conditions and circumstances are not
primarily economic in nature. See section 200.05
Subd. 2 (b).
5. A denial of the variance would deprive us of the
opportunity to have a well-graded, drained, useable,
and maintainable lawn similar to our neighbors on each
side of our home and elsewhere and would result in the
flooding of the basement.
6. The previously existing poorly graded, poorly drained
and hole filled lawn was not a result of our actions.
7. If the variance is approved, and we can complete the
minor fill and grading within 20 feet of the shoreline,
our lawn will be similar to those allowed by the City
to exist elsewhere in the same district and the
basement hopefully will not be flooded.
8. The grading and filling we propose is the m1n1mum
necessary to fill the holes and provide for proper
drainage.
Exhibit D-3
.
.
city of Shorewood
April 30, 1987
Page 4
We appreciate the opportunity to appear before you. Again,
we apologize for our error. For the reasons stated, we
request approval of the variance so we can immediately
complete the fine grading so we can plant the trees and
shrubs and sod the entire lot.
Very truly yours,
BMoh ~
J. Brooks Hauser
a~~
Peggy Hf~
c.c. Bruce Malkerson
Daryl Melquist
Exhib i t D-4
. .' '~'. ~:'~.?;'~.~~~t~~~Jj....." ,",;''f. ~f. . :"t,}..tl.'tt.'.tl;'{,'!"'~:f:''''~{:' ~''ie~:...t'''~'''~'.(1.~;..:.,~ :.; ~~\'4o(.'~... ,'N'; I: :"":"'\' .~-.~, 1,:;, :.,. "i~.
:~:. .,;' ," ,{~'J...'f./~,~.~~ "::"~
- . ".,." ~,.' "'. (. ...t.,. ....- .J. \;....1 ..", '. ,., .:iIl, ... '.', \ ".. ....,.. '~i. '.'4-:':'.
" ." r . ...,.. fr .. ~ l' . ,.. t '1 : . . . . 1 ~ 'J' i.", ,. . . . . , . '.. \ . , ., ." <. il . . ...,.,. 'J ' . .~, ..:.J..:
. ~ ,.''1, '. \..... 1 ,~: ' ~ ~. ~ ~ i .! - Ii;. ( . '. ... ...../t . ~.,. ;, . 1 ...., . 'It.: ",...... : ... _ , ~ / :ll,.l;. ~tll . ".
. ~. . ~'l . ''\;''f .." . _. . '.... " '"'\. t -'4. ~ '", ,*'." f ..~ '. ' n " . ,,*' I i!l '., ..... '.,' J. . -",.. . ...:~, t.
"-
· . ;o..oi . f' . ...... r Ai '. . i ... t >, . i "..'~' '. ~.. . , ':"'. "t1'. ' . t.. .' t I . ,4'.....
, i,\/j, -~, ..~, ~ ' ~, < f! I!H 1 h t J~!-;i.ll.", ','~t ' : <iff '~..,.> '; ,: l ..~ * ' ,
, ~: , ' . ' ", " , . if t ~ ! f l f H I jll i i. ..' ..i, 1 It 1 : 'Pr .,. .1 ~
l . i,' .~ ,": I". it th-dfJ · A 1 h--..- " 1 J
J 1 ". . ,'~ ~?, '. t , .. .,. AI: . .. _ ..
t r' '-t" .~ -.. .. . '. '. ,. -
.... ". J'. ;......t.~. - .~~ ." .~..'.;. ':' ....' 11,,,-- ~..
, '; t t": .... ~.~-:'.\' -- ....-- . 'Jl
. ~ "'~lt ltt ::~: ' li,l. (. ",:- J, '
i ~ ~.~, .. ',. . ".. $'
't j IJ 1 ~ . '.' ": -'.. ,. -
1 f.' "
... I .
, .. J .t ~ '. l~ . . ,
"'11ft'~' . .
I.. i 'Jo .:: I, 41. ;~:'\ ..~' -
it- ~]ii,fr If,,' -....
:1 ~ ~,'f f.'-" - ~ f'f"l:' . .
,~ , ,.,~ ~ ~ ~ .
'. .' .. '. .
] t llfi1t. -. .t~ '~ -GJ
. ~ J" .-~ .1:IJ' J .' / ',' ': ....., ~1J:' '
J ",. :11' -, ".... ~~~,.
! j ; 't..~.tf '.':; ;f-
't' ! ..~ j "~''''~~''J f. ;. '. ~~~.~:~. ',J \ · 11}
if If "l . " I . . · ", ; " .I.. l \ \. ',,~.
- -1 U it"' f i -"-/';-: , '.. ' ,", _\:>,,:,; . l'1 ( .' ':
lrHlhl1\t J j"t1! \ '\. ·
J fl,." ~
J ' . ':. .. ' 1111
_; . , i
;l. i :. ,~: .. ~ ~ l. .
~ ~ _ ....J .1'_ . J
.
,I
,'. J.
~/ - .~.
.' '.'1 .
_Ii!
-.1-
II
. '
.. . ~
"fI'
1 '~...' "'"
f'
') -, If '
. ~., 'i.
"
.
~"
-----
. .
.'.r .
,
~;.
'. . 0 \.
-" .
" ~ -, ,'...
c" .....,.. '.., .
" . ~\.'l '
{~ ~-;ttlt1-
': ~"', i ~ t' 0',,' . .1
..~.;;< {~
. . . (-.~::---
.J (' ~....... .,.......-.........
"
. . if""...
. I't".. r;'~ 'J
..,' · \:". . . ."'....0.
.,\. -I' "
\"\!~'... .~. \. ~
. '..l' "
. A ... \ t
. \ \
_ \. It:.J
. . ...... \,...
". . .'('
.1 ........"C "" /. "
~~..~~)C2~--~j- ..
) .
1
I'
\
'I.
---:-- - -" .,.
., i
I
......--..,~ -;.-
" -",
..' .,!
Exhibit E
PROPOSED LANDSCAPING
.... j' :J.-'" .,.. .~ ~..
MJNI\JEH.AHA CREEK
WATE~Sr]ED DISTRICT
LAKE MINNETONKA
.
WjERSHEO BOUNDARY
, ,.' ~~""HA ";2
.. ' ~~g~
. ,
. -; .
~~~.: "':~$
'oJlfED 0'\
.
P.O, Box 387, Wayzata, Minnesota 55391
BOARD DF MANAGERS: David H. Cochran, Pres. . Albert L Lehman . John E. Thomas
Camille D, Andre . James R. Spensley . Richard R. Miller . Michael R. Carroll
......~'"i .
Apri 1 13, 1987
J. Brooks and Peg Hauser
27190 Edgewood Rd.
Shorewood, MN 55331
Dear Mr. and Mrs. Hauser:
We have reviewed the information forwarded by your contractor concerning the
proposed three 6" PVC pipes to be installed on your property. This project will
not require a formal review by the,Board of Managers for the following reasons:
1. The plan is for a residential development where the total site area
is less two acreas and the total off-site area contribuiting runoff to
the site improvements is less than one acre.
Thank you for the opporutnity to comment. If you have any questions, please
feel free to call me at 473-4224.
Sincerely,
E.A. HICKOK AND ASSOCIATES
Engineers for the District
'~1M?:Ok-
Julie Johnson, engineer
JJ/ts
cc: Board
G. Macomber
.- B. Ni e 1 son, Ci ty of Shorewood
D. Melquist, Bachmans
Exhibit F
MCWD RESPONSE
DATPn n Anri 1 19fP
MEMORANDUM
.
.
MAYOR
Robert Rascop
COUNCIL
Jan Haugen
, Kristi Stover
Robert Gagne
Barb Brancel
ADMINISTRATOR
Daniel J. Vogt
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
MAYOR AND CITY COUNCIL
BRAD NIELSEN .~
DATE: 21 MAY 1987
TO:
FROM:
RE: O'SULLIVAN. TERRY - REVISED LEGAL DESCRIPTION
FILE NO.: 405 (85.40)
In January of 1986 the City approved a simple subdivision fQr Terry O'Sullivan
(see Council packet 13 January 1986). Although the County recorded the
division. Mr. O'Sullivan's mortgage company has requested a clarification of
the legal description for one of the lots.
The specific language in question is shown on Exhibit B of the attached
proposed resolution. The second paragraph previously stated "Commencing at the
southwest ~orner of the above described parceL.. ". As shown it is proposed to
be changed to "Commencing at the most southerly corner of the above described
parcel... ".
~he City Attorney has informed us that although typographical errors can simply
be corrected and the resolution recertified. revisions require a new
resolution. The staff agrees that the revision provides a better and more
clear description of the property. Approval of the attached revised resolution
is therefore recommended.
BJN:ph .
cc: Dan Vogt
\ilenn Froberg
Jim Norton
Terry O'Sullivan
A Residential Community on Lake Minnetonka's South Shore
l
.
.
RESOLUTION NO.
WHEREAS. Terry O'Sullivan has applied for a subdivision of certain
property in the City of Shorewood. County of Hennepin. Minnesota. legally
described in Exhibit A.. attached hereto and made a part hereof: and
WHEREAS. the Shorewood Planning Commission reviewed the application for
subdivision at its meeting on 7 January 1986. and recommended that the City
Council approve the subdivision as requested: and
WHEREAS. said requested division complies in all respects with the Zoning
Ordinance of the City of Shorewood.
NOW. THEREFORE. BE IT RESOLVED. by the City Council of the City of
Shorewood as follows:
1. That the property legally described in Exhibit A above be divided
into two parcels. legally described in Exhibit B. attached hereto and made a
part hereof.
2. That the City Clerk furnish applicants with a certified copy of this
resolution for filing with the Hennepin County Recorder.
3. That this resolution must be recorded with the Hennepin County
Recorder within 30 days of the date the resolution is certified.
ADOPTED BY THE CITY COUNCIL this
day of
. 1987.
Robert Rascop. Mayor
ATTEST:
Sandra Kennelly
City Clerk
.
.
That part of Lot 113 and of the northwesterly 20 feet of Tract F,
Registered Land Survey No. 91, lying southwesterly of the following
described line: Commencing at the most westerly corner of said Tract F;
then northeasterly along the northwesterly line thereof 180 5&10 feet;
then at angle to the right of 82 degrees, 10 minutes, a distance of
25 feet to the actual point of beginning of line to be described;
then at an angle to the right of 180 degrees to the westerly line of
Lot 113 and there ending.
EXHIBIT A
DESCRIPTION FOR PARCEL~ ~
That part of the following described property lying northwesterly of a
line to be described as Line A.
That part of Lot 113. Auditor's Subdivision Number 120 and of the
northwesterly 20.00 feet of Tract F. Registered Land Survey Number 91. lying
southwesterly of the following decribed line: Commencing at the most westerly
corner'of said Tract F: thence northeasterly along the northwesterly line
thereof 180.50 feet: thence at an angle to the right of 82 degrees 10 minutes a
distance of 25.00 feet,to the actual point of beginning of the line to be
described: thence at an angle to the right of 180.00 degrees to the westerly
line of said Lot 113 and said line there terminating
DESCRIPTION FOR LINE A
Commencing at the most southerly corner of the above described parcel:
thence northwesterly along the southwesterly line a distance of 165.88 feet to
the actual point of beginning of the Line A. thence at an angle to the right of
79 degrees 59 minutes 21 seconds a distance of 329.84 feet to a point on the
northeasterly line of said above described property and said line there
terminating.
DESCRIPTION FOR PARCEL B
That part of the following described property lying southeasterly of a
line to be described as Line A.
That part of Lot 113. Auditor's Subdivision Number 120 and of the
northwesterly 20.00 feet of Tract F. Registered Land Survey Number 91. lying
southwesterly of the following described line: Commencing at the most westerly
corner of said Tract F: thence northeast~rly along the northwesterly line
thereof 180.50 feet: thence at an angle to the right of 82 degrees 10 minutes a
distance of 25.00 feet to the actual point of beginning of the line to be
described: thence at an angle to the right of 180.00 degrees to the westerly
line of said Lot 113 and said line there terminating.
DESCRIPTION FOR LINE A
Commencing at the southwest corner of the above described parcel: thence
northwesterly along the southwesterly line a distance of 165.88 feet to the
actual point of beginning of the Line A. thence at an angle to the right of 79
degrees 59 minutes 21 seconds a distance of 329.84 feet to a point on the
northeasterly line of said above described property and said line there
terminating.
EXHIBIT B
.
.
RESOWfICN N).
WHEREAS, United lVbrtgage Corp. has applied for preliminary plat
approval and re-zoning of property it has contracted to purchase in the City
of Shorewood legally described as:
~tlot A., Registered Land Survey No.1, except the north 218.9 feet thereof
and
WHEREAS, the lots contained in the preliminary plat sulmi tted by
appl icant do not meet the area requirEments of the current zoning ordinance
and, therefore, an amendment to the zoning ordinance would be required for
approval of the plat as sulmitted; and
WHEREAS, a Public Hearing was held and the application reviewed
by the PI8IUling Cannission on April 7, 1987, and on May 5, 1987, at which
time the PI8IUling Cannission voted nnaniIoously to deny the application; and
WHEREAS, further review of. the application was had before the
City Conncil at their regular meeting held on May 11, 1987; and
WHEREAS, the City Conncil voted nnanimously to deny the
application and directed the City Attorney to prepare a resolution setting
forth findings and conclusions denying applicant's application for
preliminary plat approval and re-zoning of the subject property.
1OV, 'IlIEREFt:EE, BE IT RESOLVED by the City Conncil of the City of
Shorewood as follows:
FINDIIDS OF FACT
1. That the subject property is located in an R-lA zoning
district which requires a minimum of 40,000 square feet per lot.
2. That the lots contained in the preliminary plat proposed by
the applicant range from 20,100 to 37,700 square feet in area, and average
24,231 square feet per lot.
3. That the zoning of the land adjacent to and abutting the
subject property is as follows:
North
East
South
West
- R-lA
- Designated wetland
- R-lA
- R-lA
lOA
."
.
.
aNCLUSIrns
1. That the re-zoning of the subject property to the greater
density requested by the applicant would be inconsistent or incompatible with
present and future land uses of the area.
2. That the property should remain R-lA as presently zoned.
3. 'Dlat the City Council of the City of Shorewood therefore
denies applicant's request for approval of the preliminary plat and a
re-zoning of the subject property.
AOOPIED BY '!HE CIlY ax.JNCIL of the City of Shorewood this 26th day of May,
1987.
Robert Rascop, Mayor
ATTEST :
Sandra L. Kennelly, City Clerk
.4
"
.
.
EASEMENT ENCROACHMENT AGREEMENT
THIS AGREEMENT, Made and entered into as of this
day of , 1987, by and between CITY OF SHOREWOOD,
a:municipal corporation under the laws of the State of Minnesota
(the "City") and LAWRENCE B. REID ("Reid").
WITNESSETH THAT:
WHEREAS, Reid owns that certain real property
(the "Reid Property") located in the City of Shorewood,
County of Hennepin, State of Minnesota, described on Exhibit A
attached hereto and made a part hereof;
WHEREAS, the City owns a IS-foot wide sewer easement
over a portion of the Reid Property (the "Sewer Easement");
WHEREAS, Reid desires to construct a concrete
patio over a portion of the sewer easement;
WHEREAS, the City is willing to permit Reid to
construct a concrete patio over a portion of the Sewer Easement,
provided that Reid agrees to the provisions contained herein.
NOW, THEREFORE, In consideration of the mutual
covenants herein contained, the parties hereto agree as
follows:
1. Reid shall have the right to construct a concrete
patio over the Sewer Easement and to permanently maintain
said concrete patio, except as provided otherwise herein.
2. If the City should ever desire to gain access
to the sewer line located in the Sewer Easement for the
purposes of maintenance, repair, relocation or replacement,
Reid agrees, at his sole cost, to promptly remove that portion
of the concrete patio reasonably required by the City in
order to permit the City to perform its work on the sewer
line.
3. If Reid refuses to remove the concrete patio
from the area required by the City within ten (10) days
after written notice from the City to Reid, the City may
remove the concrete patio in such area, in which event Reid
will reimburse the City for all costs and expenses incurred
by the City in connection therewith. If Reid fails to pay
the amount billed to Reid for such removal of the concrete
patio, Reid agrees that the City may impose' a special assessment
lien against the Reid Property in the amount incurred by
the City for such removal. After the City performs any
such work on the sewer line, Reid may replace the concrete
patio over the Sewer Easement.
"O?
!
.
.
4. This Agreement shall run with the land and
shall be binding on all future owners of the Reid Property.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed as of the day and year first
above written.
CITY OF SHOREWOOD
By
Its
Lawrence B. Reid
STATE OF MINNESOTA
SS.
COUNTY OF
The foregoing instrument was acknowledged before me
this day of , 1987, by ,
of the City of Shorewood, a Minnesota municipal corporation,
on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF
this
The foregoing instrument was acknowledged before me
day of , 1987, by Lawrence B. Reid.
Notary Public
This Instrument Was Drafted By:
Dorsey & Whitney (MEH)
2200 First Bank Place East
Minneapolis, MN 55402
- 2 -
\unOc.REn
B RO~CONSTRUCTION
~. INC.
.
935 EAST WAYZATA BOULEVARD. WAYZATA, MINNESOTA 55391 . (612) 473-1231
May 15, 1987
Mr. Brad Nielsen
Shorewood Commun1ty Development Director
5755 Country Club Road
Shorewood, Minnesota 55331
Re: Payment of $10,850.00 in Park Fees
Dear Brad:
As we yesterday discussed, the development contract amendment which was
approved last Monday did not specify when the S10,850.00 in Park Fees for
the 31 living units dropped from the Near Mountain Preliminary Development
Plan must be paid.
I proposed that the fairest approach would be to divide the $10,850.00
equally among the remaining 169 unplatted living units. (Originally there
were 273 living units. Park Fees already have been paid on 28 Sweetwater
lots, 29 McKinley Place lots, and 16 McKinley Place 2nd Addition lots; and
31 of the original living units have been given up through down-zoning --
273 - 28 - 29 - 16 - 31 = 169.)
The mathematical result is that an additional $64.20 should be paid for
each of the remaining living units.
For McKinley Place 3rd Addition we then should pay:
($500.00 x 26 lots) + ($64.20 x 26 lots) = $14,669.20
Unless I hear from you to the contrary, this is the scheme we will follow
for payment of the additional Park Fee liability.
Very truly yours,
Lj/~t~R;~jJNSTRUCTION .
Michael A. ~a~
INC.
MAP/md
12A
.
.
RESOLUTION AUTHORIZING THE CITY OF Shorewood
TO COORDINATE RECYCLING EFFORTS WITH OTHER
SOUTH LAKE MINNETONKA COMMUNITIES
WHEREAS, the cities of Deephaven, Excelsior, Greenwood,
Shorewood, Tonka Bay and Woodland are contiguous and comprise a geographic
area commonly referred to as South Lake Minnetonka; and
WHEREAS, the South Lake communities share a concern over an imminent
reduction in the availability of solid waste landfills in the metropolitan
area and a subsequent increase in waste disposal costs; and
WHEREAS, the South Lake communities recognize that a significant
portion of the area's solid waste stream is recoverable and recyclable, and
that recycling has been mandated by the State of Minnesota, the Metropolitan
Council and Hennepin County; and
WHEREAS, representatives from each of the South Lake cities have
met to discuss the issues related to recycling and have agreed that it would
be in the best interest of all area residents to coordinate public efforts
to promote, publicize and schedule an effective recycling program in each of
the South Lake cities; and
WHEREAS, said representatives further agreed that it would be
in each city's best interest to retain the right to contract individually with
a qualified recycler capable of providing services in concert with the efforts
of other cities to promote, publicize and schedule their recycling programs:
, .
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood , that in cooperation with the other five cities
which comprise the South Lake Minnetonka area, the City of Shorewood
will offer curbside recycling services to all one-and-two-family homes on the
first Friday of each month and will offer drop-off recycling services on the
third Saturday of each month beginning in summer of 1987; .
AND BE IT FURTHER RESOLVED, that the City of Shorewood
hereby agrees to coordinate its recycling promotions and publicity with the,other
five South Lake communities while reaffirming its right to contract individually
with a qualified recycler to provide service within its own municipal boundaries.
on this
Adopted by the City Council of the City of
day 0 f , 1 987 .
13B
.
.
SHOREWOOD
MEMO: MAYOR AND COUNCIL MEMBERS DATE: 5/21/87
FROM: DAN VOGT, ADMINISTRATOR
EV BECK, FINANCE DIRECTOR
RE: RECOMMENDATION FOR BOOKKEEPER
OUR RECOMMENDATION FOR BOOKKEEPER IS JEAN BUSBY.
JEAN HAS SEVERAL YEARS OF EXPERIENCE IN ALL AREAS
OF BOOKKEEPING PLUS CONSIDERABLE EXPERIENCE IN
DATA ENTRY AND COMPUTER OPERATION.
HER REFERENCES DESCRIBED HER AS TRUSTED, KNOWLEDGEABLE,
PUNCTUAL, WILLING TO PUT IN EXTRA EFFORT TO GET THE
JOB DONE AND THE ABILITY TO TEACH OTHER.
WE LOOK FORWARD TO HER ARRIVAL.
EV/jh
13C