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081087 CC Reg AgP CITY\OF SHOREWOOD REGULAR COUNCIL MEETING AUGUST 10, 1987 AGENDA CALL TO ORDER A. Pledge of Allegiance B. Roll Call l .,'" 1 . APPROVAL OF MINUTES A. Regular Meeting of July 27, 1987 COUNCIL CHA~BERS 5755 COUNTRY CLUB ROAD 7:30 P.M. Maybr Haugen Stover Gagne Brancel (Att. No.lA - Minutes) B. Special Study Meeting - July 20, 1987 (Att. No.lB - Minutes) 2. MATTERS FROM THE FLOOR A.~~~~~ B. 3. PLANNING COMMISSION REPORT A. B. 4. PARK COMMISSION REPORT A. B. 5. CONSENT AGENDA A. Joint Powers Agreement - CDBG for Swimming Pool Permit Scott Spinka 19885 Muirfiela Circle ~ ~ . 5 f>1 L/ .- b -1- Noved Second Vote (Att.No.5A - Memo & Agreement (Att.No.5B - Applicant & Mellie AGENDA" ", MONDAY, AUGUST 10, 1987 PAGE TWO . 6. PROPOSED REZONING - LILAC LANE (Att.No.6 - Staff Report) ....7. FINDINGS OF FACT & REQUEST FOR RECONSIDERATION Applicant: Eric Danser Location: 21640 Lilac Lane (Att.No.7A - Request) (Att.No.7B - Findings of Fact) 8. SIMPLE SUBDIVISION Applicant: Paul Skjervold Location: 5660 Grant Lorenz Road (Att.No.8 - Staff Report) 9. SETBACK VARIANCE/VARIANCE TO EXPAND A NON-CONFORMING STRUCTURE Applicant: Carol Regan Location: 20790 Edgewood Road 10. CONDITIONAL DISTRICT (Att.No.9 - Staff Report) USE PERMIT TO CONSTRUCT A CHURCH IN A RESIDENTIAL Applicant: New Apostolic Church Location: 5765 Smithtown Circle "J.~, SETBACK VARIANCE j -'APPlicant: Robert Mason Homes Location: 5570 Old Market Road (Att.No.lO - Staff Report) (Att.No.ll - Staff Report) 12. SETBACK VARIANCE/VARIANCE TO EXPAND A NONCONFORMING STRUCTURE Applicant: Dennis Wolter Location: 4900 Suburban Drive 13. TINGEWOOD AGREEMENT (Att.No.12 - Staff Report) REINSTATEMENT OF PLANNED UNIT DEVELOPMENT/DEVELOPMENT (Att.No.13 - Staff Report) -2- AGENDA <- MONDAY, AUGUST 10, 1987 PAGE THREE 'f PETITION FOR E.A.W. - BRENTRIDGE c: (Att.No.14 - Staff Report) 15. PETITION FOR STREET CLOSING -- BEVERLY/CAJED 16. ATTORNEYS REPORT (Att.No.15 - Staff Report) A. Orders to Remove Hazardous Buildings: 4205 Enchanted Drive 5620 County Road #19 B. Condemnations: S.E. Area Water Tower Site Eureka Road - Majestic C. 17. ENGINEERS REPORT A. B. 18. PLANNERS REPORT A. B. 19. ADMINISTRATIVE REPORT A. Budget Status and Schedule B. Status Report - Crescent Beach C. Water Connection - Boulder BrIdge 20. MAYORS REPORT A. B. -3- (Att.No.19A - Staff Report) , ~f-r &CY' J .--- Shorewood City Council 5755 Country Club Road Shorewood, MN 55331 19016 Radford St. Minnetonka, MN 55345 August 6, 1987 City Council: r live near Vine Hill Road, south of Highway 7. My concern is that from Covington Road south to Town1ine Road there are no bike paths on Vine Hill Road. On the west side of the road (Shorewood), Near Mountain Housing Development is being built. Curbs were put in that made Vine Hill Road narrower than it had been before. Now, there are no shoulders or bike paths. There is a steep hill from Covington Road as you go south on Vine Hill. A bike path is needed there for safety. Also, with the new houses going in, bike traffic by both children and adults is sure to increase, as is car and truck traffic. Vine H!ll Road is now a narrow two lanes from Covington to Town1ine. The developer of Near Mountain has not of the stretch of land along this area; in has been put in and sodded. Now would seem time to make a change. r hope that some child doesn't have to be injured or some accident happen before this area is looked at and made safer. v 1\, . '\ \ \. ~ \ I~ \ _;:(-v " . .".; ,/0(7 rr..- <...-:-"--~ r----"-~=:~._- - L.: v, tV (..rz...... ~~ -.-.-----."....... .-.."" R1) I - '.'0> Tc'/( ..i.llcH",~J~ !=-',. ) ',I ~ 1\\'-' ~ 1''4 r" /' ~ \ --\' . , \. \ \ \0 o f' E. n f-Y J ~ i-..,! ( L. . ., ~-_.-_.- t. ,t.: .,,-' <-.. I ~ E K D ------- i~V\ i1 \ ./ .y .. T- \" iIi. u ~' ... yet developed much fact, only an entrance to be an appropriate Sincerely, , / ('</1..<./<,,;.) (_.~ /:..-~ \. ~./ NO 31/.0; PiI r Ii ~J\' \ C 3lv-Y7 -:JtI1/7 (J~L-1~ ~/ 'if J(/ 18(1f IC//JJI ,!i~1 J.(!1 ~'ff~ J ,. ~/~~:~ 7P*C1rf7;;; ~..99 ~ lS6lSZ1nr ~ ~ ........-}, ../r-J/? / 1,1) .: CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 4 AUGUST 1987 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. SUMMARY OF MOTIONS CALL TO ORDER Chair Watten called the meeting to order at 7:35 P.M. ROLL CALL Present: Chair Watten; Commissioners Robertson. Leslie. Benson. Mason. Schultz. Spellman (arrived 7:40 P.M.); Planner Nielsen; Plan. Asst. Helgesen. Absent: Council Liaison Stover. APPROVAL OF MINUTES Leslie moved. seconded by Robertson to approve the minutes of 7 July 1987 as written. Motion carried unanimously. SIMPLE SUBDIVISION Paul Skjervold - 5660 Grant Lorenz Road Schultz moved. seconded by Leslie to recommend approval to the Council subject to the Planner's recommendations. Leslie noted that recommendation No. 1 is a moot point. Motion carried unanimously. 7 :40 P.M. PUBLIC HEARING - SETBACK VARIANCE/VARIANCE TO EXPAND A NONCONFORMING STRUCTURE Carol Regan - 20790 Edgewood Road Spellman moved to recommend to Council denial of the variance requests. Benson seconded for discussion. Schultz said he couldn't see a hardship in this case. The applicant's attorney stated that the inconvenience and excessive costs of redesigning the addition to fit within the buildable area are a hardship. He also added that a redesign would create varying roof levels. Leslie noted that hardship is usually due to topography of the land. Watten said he felt the interior planning of the existing facilities (location of the kitchen in this case) constitute a hardship in his opinion. Watten acknowledged a letter stating no objection of the addition submitted by neighbor Robert Bergstrand. Motion to deny carried by roll call vote - 5 ayes - 2 nays (Mason and Watten). . SUMMARY OF MOTIONS PLANNING COMMISSION MEETING 4 AUGUST 1987 7:50 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT - ACCESSORY SPACE IN EXCESS OF 1000 SQUARE FEET J. Brooks Hauser - 27190 Edgewood Road Spellman moved, seconded by Schultz to table any decision pending review of the drainage plan by the City Engineer. Motion carried unanimously. 8:00 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH IN A RESIDENTIAL DISTRICT New Apostolic Church - 5765 Smithtown Circle Spellman moved, seconded by Leslie to recommend to Council approval of the conditional . use permit subject to the Planner's recommendations. Motion carried by roll call vote - 5 ayes - 2 nays (Watten and Schultz). 8:10 P.M. PUBLIC HEARING - SETBACK VARIANCE Robert Mason Homes - 5570 Old Market Road Randy Trava1ia, representing Mason Homes, said that the setbacks for this site were to be proposed with a reduced rear yard at the time of the P.U.D. approvals. He said that on account of illness on the part of the developer, the proposed setbacks were overlooked at the time of final plat approval. For this reason it is being processed as a separate variance request for the specific lot. Mr. Roger Hennessy, representing Board members of St. John the Baptist Church who holds title to the Resurrection Cemetery, submitted a written statement objecting to the setback variance request. The letter referred to the granting of such variance grossly impacting the character and special needs of the cemetery. The letter also referred to the Zoning Ordinance section setting forth criteria for variance approvals, one of which being that the hardship not be created by the owner. Spellman moved, seconded by Benson to recommend to Council denial of the setback variance request. Spellman said that the request goes against the P.U.D. as approved. Benson said that he can't accept error on the part of the developer as a hardship. Motion to deny carried by roll call vote - 6 ayes - 1 nay (Leslie). 8:20 P.M. PUBLIC HEARING - SETBACK VARIANCE/VARIANCE TO EXPAND A NONCONFORMING STRUCTURE Dennis Wolter - 4900 Suburban Drive Spellman moved, seconded by Leslie to recommend to Council approval of the variance requests based on the Planner's recommendations. Motion carried unanimously. 8:30 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A GAS STATION AND CAR WASH/ SETBACK VARIANCES - AMOCO SERVICE CENTER Marcus Development Corp. - 24365 Smithtown Road Leslie moved, seconded by Mason to recommend conceptual approval pending review by the City Engineer; that the City Attorney provide his opinion on moving of the freestanding billboard within the site; signage plans and front setbacks be resolved; review of Co. Rd. 19 accesses by the Henn. Co. Engineer, and re-eva1uation by the Commission at its 18 August Study Session. Motion carried unanimously. - 2 - 4 SUMMARY OF MOTIONS PLANNING COMMISSION MEETING 4 AUGUST 1987 8:45 P.M. PUBLIC HEARING - PROPOSED REZONING - LILAC LANE Shorewood City Council - North side of Lilac Lan& between Apple Rd and Mill St. Planner Nielsen pointed out that although the Council's motion was to propose rezoning to R-1B. the intent of the motion was to bring existing structures into conformity with setbacks which would only be accomplished by R-1C (or greater density) rezoning. In any case. the option stills exists to approve R-1B rezoning even though the legal notice stated R-1C. however the vice-versa would not be true. Eric Danser stated that he feels R-1C zoning is appropriate for the character of the neighborhood. however. he said he would like to make it clear that the proposal to rezone the area was not his idea. . Spellman moved. seconded by Robertson to recommend to Council denial of the proposed rezoning to R-1C. Motion carried - 6 ayes - 1 nay (Leslie). MATTERS FROM THE FLOOR None. REPORTS None. ADJOURNMENT Benson moved. seconded by Spellman to adjourn the meeting at 11:47 P.M. Motion carried unanimously. Respectfully submitted. Patti Helgesen Planning Assistant - 3 - Rff1l AU61 0 1987 . .'i!' Cpnsultliig Engineers Land Surveyors . . ,ORR\SCRE1EN · MAYER ON Et ASSQClATES,I NC. '. 11 August 6, 1987 City of ShQre~ood 5755 Country Club Road Shorewood, Minnesota 55331 Re : Trunk Water Main, Utilities, Street Construction Appurtenant Work P~oJect No. 87-1 - Shorewood Oaks Ci ty Coune i 1 : Enclosed are four (4) copies of Construction Pa:~ent Voucher No. 3 on the above referer.~ed p~oject in the ~ount of $ 223240.55. Please make payment in ~ount of $ 223240.55 to Richard Knutson,Inc., 201 Tral'elers Trail, Burnsvil1e, Minnesota 55337 at yo~~ earl iest convenience. Very truly yours, ORR-SCHELEN~YERON & ASSOCIATES, INC. (~t~ r 17,"'~" James P. Nortcn,P.E. ProJect Engineer A~ JPN:RGD Enclosures cc : Richard Knutson, Inc. 2021 East Hennepin Avenue. Suite 238 . Minneapolis, Minnesota 55413 · 612/331- 8660 CONSTRUCTION PAYMENT VOUCHER Estl,ate Voucher No. 3 -. Date'. :,' August 6, 1987 For Period EOding-.:,JulY 31, 1987 ------------------------ ..... ----,..-~...-------~-..-----""!----- Project Number 87-1 ---------------------~-.-~-~-~-----~---~~-----------~---------------~-------~-----~--~-.-------._-_._-~ Class of Work .,. -. ....... ." '. -. .,' - . ." ..-. -.-. . ....,..,. .-' --------------------------------------------------------------------------------_.--_._----~----_._~--~ . Trunk Water tWn, Utilities,Strnt Construction .-. For Appurtenant Work To : Richard KnutSon, Inc. ______________________________________________________ 201 Travelers Trail Shor~ood Oaks Burnsville, Mn. 55337 ______________________________________________________ (612) 890-8811 City of Shor~ood, Hennepin County, Minnesota Locat ion ------------------------------------------------------ A. Original Contract Anount $ 1204594.95 ------------------------ B. Total Additions $ 0.00 ------------------------ C. Total Deductions t 0.00 ------------------------ D. Total Funds Encumbered $ 1204594.95 ------------------------- E. Total Value of Work Certified to Date s 828573.33 ------------------------ F. Less Retained Percentage 5 I. t 41428.00 ------------------------ G. L~ss Total Previous Payments $ 563904.78 ------------------------ H. Approved for Pa~ent, This Report $ 223240.55 ------------------------ I. Total Pa~ents Including This Voucher . 787145.33 ------------------------- J. Balance Carried For~ard $ 417449.62 ------------------------- APPRlJ.JALS ORR-SCHELEN-MAYERON & ASSOCIATES, INC. -------------------------------------- Pursuant to our field observation, as perfoNled in accordance ~ith our contract, ~e hereby certify that the ~aterials are satisfactory and the work properly perfoNled in accordance with the plans and specifications and that the total ~ork is 68 I. completed as of July 31, 1987 . We hereby recallend pa~ent of this voucher. ------------------------------- t n """/} Signed : ________________________________________ Signed : __~:::."::::--!~~-2j~:'::.'{':.~------- '.J ------------------------------------------------------------------------------------------------------------------------- Construction Observer This is to certify that to the best of ~y knowledge, infor~ation, and belief, the quantities and values of work certified herein is a fair approxi~ate esti~ate for the period covered by this voucher. Contractor Richard Knutson, Inc. Signed By ------------------------------------ ------------------------------------------------- Date : Ti tie ------------------------------------ ------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------- City of Shor~ood Approved for Pa~ent Voucher ------------------------------------ ------------------------------------------------- Checked By Authorized Representative ------------------------------------ Date Date ------------------------------------------------- ------------------------------------ Page 1 of 6 1744.20 Date : August 6, 1987 Contractor: Richard Knutson,Inc. 201 Trav@l@rs Trail 8urnsvill@, Hn. 55337 (612) 890-8811 " Estimate Voucher No. 3 -------------------- --------------------------------- Trunk Water Nain, utilities, Street Construction and Appurt@nant Work Project No. 87-1 Shor@wood Oaks for the City of Shor@wood, H@nn@pin County, Minn@sota Contract Dat@ : Hay 4, 1987 Work COlIpleted Work Starte~ : Nay I, 1987 Completion Date: July 1, 1988 Hell No. -------------------------------------------------------------------------------------------------------------------------------------------- It@m Work Completed Con trac t Th i s Mount Unit Quantity Unit Pric@ Total Pric@ Month This Month Total to Date Quantity Total Pric@ SCHEDULE "A" - Trunk Water Nain and Appurt@nant Wotk ------------------------------------------------------------ 1> Street Construction and Appurtenant Work 0331.5 8ituminous Saw Cut (Full Depth) L.F. 3700 1.56 5550.00 2450 3675.00 2450 3675.00 0565.602 Protect Power Poles Ea. 3 600.00 1800.00 3 1800.00 3 1800.00 2101.501 Clearing and Grubbing Ac. 1.3 4500.00 5850.00 1.5 6750.00 1.5 6750.00 ,'j 2104.505 Remove Bituminous Pavement S. '( . 3000 1.50 4500.00 333 499.50 . 1333 1999.50 2211.501 Aggr@gate Base Class 5 (lOOt. Crushed) Ton 1100 7.75 8525.00 266.9 2068.48 266.9 2068.48 2211.501A Crush@d Rock for Driv@ways Ton 200 10.00 2000.00 0 0.00 291.2 2912.00 2341.50BA Bituminous Driveway R@plac@m@nt Ton 25 60.00 1500.00 46.1 2766.00 46.1 2766.00 2331.50BA *2331 Bituminous 8ase Course (Incl. 8ituminous Material for Mixtur@) Ton 600 18.47 11082.00 310.6 5736.78 310.6 5736.78 2341.50BA *2341 Wearing Course Mixture (Incl. Bituminous Material for Mixture) Ton 300 21.45 6435.00 357.5 7668.38 357.5 7668.38 .. 2357.502 Bituminous Mat@rial for Tack Coat Gal. 150 1.25 187.50 225 281.25 225 281.25 2575.501 Roadside Seeding with Black Dirt and Mulch Ac. 1.5 600 .00 900.00 0 0.00 0 0.00 2575.505 Sodding with Black Dirt S.Y. 3000 2.00 6000.00 0 0.00 0 0.00 ------------ ---------- -----------.. Total for 1 tem No.l..................................................$ 54329.50 31245.38 $ 35657.38 2) Water Nain Pipe in Plac@ (All Depth Zones) 2611.2 16" D.1.P. Class 50 L.F. 850 32.75 27B37.50 0 0.00 858 28099.50 'j' 2611.2 12" D.1.P. Class 50 L.F. 2070 22.65 46885.50 0 0.00 1985 44960.25 2611.2 8" D.1.P. Class 52 L.F. 3400 17.05 57970.00 0 0.00 3365 57373.25 . . 2611.2 6" D.I.P. Class 52 L.F. 150 16.25 2437.50 0 0.00 155 2518.75 2611.2 1-1/2" CI@ar Crush@d Lim@ston@ Granular Foundation Material Ton 1000 7.35 7350.00 0 0.00 49 360.15 ------------ ---------- ------------ Total for Item No.2 ..................................................s 142480.50 0.00 S 133311.90 ....qe 2 of 6 1744.20 .i' Date : August 6, 1987 Contractor: Richard Knutson,lnc. 201 Travelers Trail Burnsville, Nn. 55337 (612) 890-8811 Est inate Voucher No. 3 -------------------- --------------------------------- Trunk Water Nain, Util ities, Street Construction and Appurtenant Work Project No. 87-1 Shore~ood Oaks for the City of Shore~ood, Hennepin County, Ninnesota Itelll No. It ell Work Coop Ie ted Contract This AIIount Unit Quantity UnIt Price Total Price Nonth This Nonth Total to Date Quantity Total Price -------------------------------------------------------------------------------------------------------------------------------------------- 3) Valves and Boxes, Fittings and Specials 2611.2 12" Butterfly Valves and Boxes Ea. 3 745.00 2235.00 0 0.00 3 2235.00 2611.2 8" Gate Valves and Boxes Ea. 8 430.00 3440.00 0 0.00 8 3440.00 2611. 2 6" Gate Valves and Boxes Ea. 12 320.00 3840.00 0 0.00 12 3840.00 261 1. 2 16" Retainer Glands Ea. 10 63.00 630.00 0 0.00 9 567.00 2611. 2 12" Retainer Glands Ea. 25 35.00 875.00 0 0.00 21 735.00 2611.2 8" Retainer Glands Ea. 50 13.00 650.00 0 0.00 45 585.00 2611.2 6" Retainer Glands Ea. 5 10.00 50.00 0 0.00 3 30.00 2611.2 Fi ttings Lbs. 6000 .95 5700.00 0 0.00 3070 2916.50 3760.503 lnsu I at i on S.F. 1600 2.70 4320.00 0 0.00 0 0.00 ------------ ---------- ------------ . . Total for Item No. 3, .......aa.aaa.'.'.'...."...I.I.I.I.I.........:~...t 21740.00 0 $ 14348.50 4) Hydran ts 2611. 2 Hydrants Ea. 12 1035.00 12420.00 0 0.00 12 12420.00 2611.2 Hydrant Extensions L.F. 5 260 .00 1300.00 1 260.00 1 260.00 ------------ ---------- ------------ T ota 1 ior J tm No.4...... . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . t 13720.00 260.00 $ 12680.00 5) House Services in Place 2611 .2 I" Corporation Cocks Ea. 35 35.00 1225.00 0 0.00 35 1225.00 2611.2 I" Curb Stops and Boxes Ea. 35 70.00 2450.00 0 0.00 35 2450.00 . .. 2611.2 1" Copper L.F. 800 13.10 10480.00 0 0.00 800 10480.00 ------------ ---------- ------------ Total for Itell No. 5 ..................................................... 14155.00 0.00 $ 14155.00 Total for Schedule "A" (ltens 1 thru 5) .............................. .of 246425.00 31505.38 $ 210152.7B SCHEDULE "B" - Utilities, Street Construction and Appurtenant Work - Shore~ood Oaks 6) Street Construction and Appurtenant Work 2101.501 Clearing and Grubbing Ac. 4500.00 4500.00 .25 1125.00 .75 3375.00 Dage 3 of 6 1744.20 Estimate Voucher No. 3 Contractor: Richard Knutson,lnc. -------------------- 201 Trauelers Trail Dab . August 6, 1987 Burnsville, Hn. 55337 . --------------------------------- (612) 890-8811 Trunk Water Hain, Util ities, Street Construction and Appurtenant Work Project No. 87-1 Shorewood Oaks for the City of Shor~ood, Hennepin County, Minnesota Work Cmpleted Item Contract This ;oount Total to Date No. Item Unit Quant i ty Unit Price Total Price Honth This Honth Quantity Total Price -------------------------------------------------------------------------------------------------------------------------------------------- 0331.5 S~ in Place Bituminous (Full Depth) L.F. 1130 1.50 1695.00 420 630.00 420 630.00 2104.505 Remove Bituminous Pavement S.Y. 750 , 1.50 1125.00 54 81.00 /54-~ 81.00 2105.501 Conlon Excavation C.Y. 35000 2.00 70000.00 14938 29876.00 /41088 , 82176.00 2105.521 Granular Borr~ (L.V.) C.Y. 750 6.50 4875.00 0 0.00 '~'555 3607.50 2211.501 Aggregate Base Class 5 (1001. Crushed) Ton 7500 7.05 52875.00 264.45 1864.37 491 .35 3464.02 2211.501 Aggregate Sub-Base Class 4 Ton 18000 5.00 90000.00 1063 5315.00 1063 5315.00 2211.501 Aggregate Shouldering (Class 2) Ton 35 15.45 540 .75 0 0.00 0 0.00 2331.508 .2331 Bituminous Base Course (Incl. Bituminous Material for Mixture) Ton 3200 18.47 59104.00 90 1662.30 90 1662.30 2341.508 Bituminous Wearing Course (Incl. Bituminous Material for Mixture) Ton 1600 21.45 34320.00 62 1329.90 62 1329.90 2357.502 Bituminous Haterial for Tack Coat Gal. 900 1.25 1125.00 300 375.30 300 375.00 2506.522 Adjust Frame and Ring Castings (HH) Ea. 14 150.00 2100.00 0 0.00 0 0.00 2531.501 Concrete Curb and Gutter Design D412 loF. 9600 4.05 38B80.00 0 0.00 0 0.00 2575.501 Seeding ~lth Black Dirt and Mulch Ac. 5.3 450.00 23B5.00 0 0.00 0 0.00 2575.505 Sodding with Black Dirt S.Y. 3000 2.00 6000.00 0 0.00 0 0.00 3733.501 Geotextile French Drain (Incl. 1-1/2" Clear Rock and 6" Perforated P.V.C.) loF. 4800 13.35 64080.00 4528 60448.80 4528 60448.80 3733.505 Geotextile Stabil ization Fabric S.Y. 19500 1.00 19500.00 0 0.00 0 0.00 ------------ ---------- ------------ T ota 1 ior 1 tfll No.6..,......... t' . . . I . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . '$ 453104.75 102707.37 $ 162464.52 " 7) Water Hain Pipe in PLace (All Depth Zones) 2611.2 12' D.LP. Class 50 L.F. 550 19.75 10862.50 0 0.00 655 12936.25 2611.2 6" D.LP. Class 52 L.F. 4800 12.25 58800.00 0 0.00 3914 47946.50 2611.2 1-1/2' Clear Crushed Limestone Granular Foundation Material (All Util dies) Ton 4000 7.35 29400.00 278.7 204B.45 2111.8 15521.73 ------------ ---------- ------------ Total for lterl r~o. 7 ..................................................$ 99062.50 2048.45 $ 76404.48 Page 4 of 6 1744.20 Date : August 6, 1987 Contractor: Richard Knutson,lnc. 201 Travelers Trail Burnsvllle, Hn. 55337 (612) 890-8811 Estl~ate Voucher No. 3 --------------------------------- Trunk Water Hain, Util ities, Street Construction and Appurtenant Work Project No. 87-1 Shore~ood Oaks for the City of Shortwood, Hennepin County, Hinnesota It ell No. -------------------------------------------------------------------------------------------------------------------------------------------- I tell Work Cenp Ie ted Contract This AIIount Unit Quantity Unit Price Total Price Honth This Month Total to Date Quantity Total Price 8) Valves and Boxes, Fittings and Specials 2611.2 12" Butterfly Valves and Boxes Ea. 1 745.00 745.00 0 0.00 1 745.00 2611. 2 6" Gate Valves and Boxes Ea. 19 320.00 6080.00 0 0.00 15 4800.00 2611. 2 12" Retainer Glands Ea. 4 35.00 140.00 0 0.00 9 315.00 2611. 2 0" R.tain.r Glands Ea. 50 10.00 500.00 0 0.00 26 260.00 2611.2 F i tt i ngs Lbs. 3500 .95 3325.00 2880 2736.00 2880 2736.00 3760.503 Insuhtion S.F. 256 2.70 691.20 0 0.00 0 0.00 ------------ ---------- ------------ Total 40r Iten No. 8 .........................-.........................$ 11481.20 2736.00 $ 8856.00 9) Hydr an ts 2611.2 Hydr an ts Ea. 11 1035.00 11385.00 0 0.00 10 10350.00 2611. 2 Hydrant Extensions L.F. 5 260.00 1300.00 0 0.00 0 0.00 ------------ ---------- ------------ Total -for 1 t," No.9........... I...'............ t" I...... 1..........,$ 12685.00 0.00 $ 10350.00 10) - Hous. Services in PLace 2611.2 I" Corporation Cocks Ea. 73 35.00 2555.00 5 175.00 77 2695.00 2611 .2 I" Curb Stops and Boxes Ea. 73 105.00 7665.00 5 525.00 77 8085.00 2611.2 I" Copp.r L.F. 2500 8.25 20625.00 191 1575.75 2866 23644.50 ------------ ---------- ------------ Total ~or IttllNo. 10 ........................".......................$ 30845.00 2275.75 '$ 34424.50 11> - Sanitary S.wer in PLace (All D.pth Zones) 2621.2 8" P.V.C. SDR 35 1686 17.35 29252.10 0 0.00 1495 25938.25 2621.2 4" P.V.C. Service Pipe 2500 9.10 22750.00 120 1092.00 2709 24651.90 2621. 2 8"x 4" P.V.C. Wyes 25 45.00 1125.00 0 0.00 23 1035.00 ------------ ---------- ------------ Total for Itfll No. 11 .......... .... ,.... .,, ........... .,.. ... ...,.....S 53127.10 5643.50 '$ 51625.15 (2) - Manhol.s in Plac. 2621.2 Standard Sanitary Se~er Hanholes Ea. 8 1000.00 8000.00 0 0.00 6 6000.00 2621.2 Exc.ss Manhole Depth over 8' L.F. 25 58.00 1450.00 0 0.00 14.2 823.60 ------------ --~------- ------------ Total ior.ltfn No. 12 ................................................... 9450.00 0.00 i 6823.60 Page 5 of 6 1744.20 Dite : August 6, 1987 Contrictor : Richard Knutson,Inc. 201 Travelers Triil Burnsvllle, Mn. 55337 (612) 890-8811 4 Estimite Voucher No. 3 --------------------------------- TrunK Water Miin, Util ities, Street Construction and Appurtenint Work ProJect No. B7-1 Shorewood OaKs for the City of Shorewood, Hennepin County, Minnesota Itm No. It ell Work COIIpleted Contract This ~ount Unit Quantity Unit Price Totil Price Month This Month Total to Dite Quantity Totil Price -------------------------------------------------------------------------------------------------------------------------------------------- 13) - Storm Sewer in Place (All Depth Zones) 2621.2 48" R.C.P. C I ass III L.F. 1260 81.00 102060.00 0 0.00 1250 101250.00 2621.2 21" R.C.P. Class III L.F. 240 27.60 6624.00 241 6651.60 241 6651.60 2621.2 18" R.C.P. Class III L.F. 1254 23.25 29155.50 805 18716.25 1280 29760.00 2621.2 18" C.N.P. 16 Gage L.F. 116 17.00 1972.00 121 2057.00 121 2057.00 2621.2 18" R.C.P. Class III Citch 8asin Leads L.F. 28 26.25 735.00 0 0.00 0 0.00 2621.2 IS" R.C.P. Class IV Catch Bisin Leads L.F. 66 24.50 1617.00 56 1372.00 56 1372.00 2621.2 12" R.C.P. CI ass IV Catch Basin Leads L.F. 123 23.30 2865.90 0 0.00 0 0.00 2621.2 6" P.V.C. (Perforated) L.F. 4400 14.00 61600.00 56 784.00 3977 55678.00 2621.2 6"x 4" P.V.C. Wyes Ea. 65 40.00 2600.00 0 0.00 53 2120.00 ' 2621.2 4" P.V.C. Service Pipe L.F. 3200 8.20 26240.00 15 123.00 3025 24805.00 ------------ ---------- ------------ T ota 1 for I tern No. 13 ............... I . . . . .& . . . . . . I,' I' . . . . . . . I . . . . . I ._~..., 235469.40 29703.85 $ 223693.60 14) - Nanholes and SpeCial Itells 2621.2 6'-0" Dia. Ninhole 1 2310.00 2310.00 0 0.00 1 2310.00 2621.2 Standard StorllSewer Manhole 15 950.00 14250.00 2 1900.00 12 11400.00 2621. 2 Excess Manhole Depth over 8' 20 58.00 1160.00 0 0.00 15.15 878.70 2621. 2 Catch Basins 13 725.00 9425.00 6 4350.00 6 4350.00 2621.2 Control Structure and Appurtenint Work Lump SUII Bid Itell 9-A 1 20000.00 20000.00 .25 5000.00 1 20000.00 2621.2 48" R.C. Surge Basin (Nn/DOT 5200B) 1 4000.00 4000.00 0 0.00 1 4000.00 2621.2 18" C.M.P. Flared End Section 4 200.00 800.00 4 800.00 4 800.00 2621. 2 Erosion Control 500 2.00 1000.00 0 0.00 20 40.00 ------------ ---------- ------------ Total for Item No. 14 .................................................$ 52945.00 12050.00 $ 43778.70 Total for Schedule "B" <Itells 6 thru 14) ..............................$ 958169.95 157164.92 $ 618420.55 Grand Total Schedule "A" and "S" ....................................$ 1204594.95 188670.30 $ 828573.33 Page 6 of 6 1744.20 CITY OF SHOREWOOD REGULAR COUNCIL MEETING AUGUST 10, 1987 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA CALL TO ORDER A. Pledge of Allegiance B. Roll Call Mayor Rascop Haugen Stover Gagne Brancel 1 . APPROVAL OF MINUTES A. Regular Meeting of July 27, 1987 (Att. No.lA - Minutes) B. Special Study Meeting - July 20, 1987 (Att. No.lB - Minutes) 2. MATTERS FROM THE FLOOR A. B. 3. PLANNING COMMISSION REPORT A. B. 4. PARK COMMISSION REPORT A. B. 5. CONSENT AGENDA A. Joint Powers Agreement - CDBG (Att.No.5A - Memo & Agreement B. Request for Swimming Pool Permit Applicant: Scott Spinka Location 19885 Muirfield Circle (Att.No.5B - Applicant &. Hem( Moved Second Vote a VJ. ..21 -zJ~(L~-~---! ~.. E~'. cf7~1 ~ -P& $ 02 t:2"3 ..2 f../ 0. 0 5"' .I AGENDA MONDAY, AUGUST 10, 1987 PAGE TWO 6. PROPOSED REZONING- LILAC LANE (Att.No.6 - Staff Report) 7. FINDINGS OF FACT & REQUEST FOR RECONSIDERATION Applicant: Eric Danser Location: 21640 Lilac Lane (Att.No.7A - Request) (Att.No.7B - Findings of Fact) 8. SIMPLE SUBDIVISION Applicant: Paul Skjervold Location: 5660 Grant Lorenz Road (Att.No.8 - Staff Report) 9. SETBACK VARIANCE/VARIANCE TO EXPAND A NON-CONFORMING STRUCTURE Applicant: Carol Regan Location: 20790 Edgewood Road 10. CONDITIONAL DISTRICT (Att.No.9 - Staff Report) USE PERMIT TO CONSTRUCT A CHURCH IN A RESIDENTIAL Applicant: New Apostolic Church Location: 5765 Smithtown Circle (Att.No.lO - Staff Report) 11. SETBACK VARIANCE Applicant: Robert Mason Homes Location: 5570 Old Market Road (Att.NO.ll - Staff Report) 12. SETBACK VARIANCE/VARIANCE TO EXPAND A NONCONFORMING STRUCTURE Applicant: Dennis Wolter Location: 4900 Suburban Drive 13. TINGEWOOD AGREEMENT (Att.No.12 - Staff Report) REINSTATEMENT OF PLANNED UNIT DEVELOPMENT/DEVELOPMENT (Att.No.13 - Staff Report) -2- AGENDA MONDAY, AUGUST 10, 1987 PAGE THREE 14. PETITION FOR E.A.W. - BRENT RIDGE (Att.No.14 - Staff Report) 15. PETITION FOR STREET CLOSING - BEVERLY/CAJED :.. (Att.No.15 - Staff Report) 16. ATTORNEYS REPORT A. Orders to Remove Hazardous Buildings: 4205 Enchanted Drive 5620 County Road #19 B. Condemnations: S.E. Area Water Tower Site Eureka Road - Majestic C. 17. ENGINEERS REPORT A. B. 18. PLANNERS REPORT A. B. 19. ADMINISTRATIVE REPORT A. Budget Status and Schedule (Att.No.19A - Staff Report) B. Status Report - Crescent Beach C. Water Connection - Boulder Bridge 20. MAYORS REPORT A. B. -3- CITY OF SHOREWOOD . COUNCIL CHAMBERS :~~~~~ ~g~~c~~, .~~N,G': "'- " , "'. ~.;.,,~:.'t::~.~(~,~.:.~:,:~. ~~ ~~~~TRY CLUB ROAD 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, July 27, 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, Stovtr, Gagne, (Haugen absent). - Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Regular Meeting of July ayes. Brancel, 13, 1987 to approve as written. the minutes of the Motion carried - 4 Gagne moved, seconded by Rascop, to approve the minutes of the Special Meeting of July 9, 1987 as written. Motion carried - 4 ayes. MATTERS FROM THE FLOOR Eureka Road Drainage Problem Dennis Snyder of 5985 Eureka Road requested that a culvert be installed under Eureka Road by the Freeman Park entrance to alleviate the drainage back-up from Mann Lane. Council directed the Engineer to return with information regarding this request. PARK COMMISSION REPORT Marty Jakel of the Park Commission was present to request needed approvals for funds relating to park improvements. Brancel moved, seconded by Gagne, to approve an additional $350.00 (total $700.00) to obtain an architectural signature on the Manor Park building plans. Motion carried - 4 ayes. Brancel moved, seconded by Stover, to authorize the purchase and installation of tennis court back boards at Cathcart and Manor Park. Motion carried - 4 ayes. -1- III MINUTES MONDAY, JULY 27~87 PAGE TWO . PARK COMMISSION REPORT - cont. Brancel moved, seconded by Gagne, to submit the grading plans to the Engineer for review and approval, and prepare a cost estimate for this work. Motion carried - 4 ayes. ;lo"/ 7 Q ~ AWARD STREET IMPROVEMENT PROJECT NO. 87-2 .Engineer Norton has checked references on the low bidder, Munn Blacktop, because he has had no experience in the past with this company. Mr. Terry Munn, owner of Munn Blacktop, was present to respond to the Council questions. He reviewed the past experience and that of his personal. He referred to his equipment and job sites he has completed. Gagne moved, seconded Improvement Project to Motion carried - 4 ayes. / . by Stover, to award Project No. 87-2 - Street Munn Blacktop in the amount of $134,466.00. t::"., CONSENT AGENDA SHOREWOOD SHOPPING CENTER AND VIDEO UPDATE SIGN REQUEST Stover moved, to remove Shopping Center from the on the request. Nielsen the regulations of the sign the sign permit request by the Shorewood consent agenda, asking for clarification stated that the request will comply with Ordinance. Stover withdrew her motion. Gagne moved, seconded by Brancel, to approve the sign requests by Video Update at 19465 State Highway 7 and the Shorewood Shopping Center as recommended by the Planner. Motion carried - 4 ayes. FERNCROFT FINAL PLAT APPROVAL AND ROAD VACATION/LAND EXCHANGE Planner Nielsen has recommended approvals of the Final Plat and the exchange of properties subject to the following conditions: 1. Approval of the Road Vacation. 2. Receiving the Title of Outlot A. 3. Park Fees paid ($1,000.00). 4. All documents providing containing all owners signatures. 5. Acceptance of sewer equalization charges. 6. The second half taxes paid on Outlot A. APPROVAL OF VACATION PORTION OF FERNCROFT DRIVE RESOLUTION NO. 90-87 Gagne moved, seconded by Brancel, to approve the road vacation and exchange of property as proposed. Motion carried by Roll Call Vote - 4 ayes. -2- MINUTES MONDAY, JULY 27, as 7 PAGE THREE _ . FERNCROFT FINAL PLAT APPROVAL RESOLUTION NO. 91-87 Gagne moved, seconded by Stover, to approve the subdivision subject to the above listed conditions of the Planner. Motion carried by Roll Call Vo~e - 4 ayes. RIDGE POINT FINAL PLAT APPROVAL AND DEVELOPMENT CONTRACT RESOLUTION NO. 92-87 Dick Conry, developer for Ridge Point, was present. Nielsen reviewed the development agreement for the Council. Mr. Conry agreed to all stipulations in the agreement. Gagne moved, seconded by Stover, to approve the Final Plat of Ridge Point and authorize the signature of the development agreemen~. Motion carried by Roll Call Vote - 4 ayes. . TOWNE ADDITION - FINAL PLAT CONTINUATION Mr. William Ecoff and his Engineer have submitted their request to the Watershed distr~ct. Nielsen has a letter from the watershed requesting additional information. This information is being submitted by Ecoff's Engineer and they are expecting approval at the August 20th meeting. Engineer Norton has reviewed the storage capacity calculation and feels they are correct. Mr. Bergslein asked if a letter of credit has been included. Nielsen stated that it is included as part of the contract. Ms. Jane Kuhar, Attorney for Mr. Ecoff, feels that all the conditions have been complied with accept the final approval of the watershed district. Mr. Ecoff asked Mr. Littlefield, (a Glen Road Resident), to comment on the affect drainage from Ecoff's property had on him during the last rain storm. Mr. Ecoff felt the surrounding properties were causing the Glen Road drainage problem, not his property. Mr. Littlefield supports the Council position to not approve the subdivision until watershed approval has been received, as previously requested by Mr. Littlefield. Mr. Bill Engelhart, Engineer for Mr. Ecoff, discussed the cities comprehensive storm sewer plan and stated that the new ponding system proposal will handle more run off than the present property does, and more than required. The Council supports the tabling of this issue until watershed approval has been received as determined at the last Council meeting. -3- MINUTES . MONDAY, JULY 27, 87 PAGE FOUR . GALPIN LAKE WOODS CLARIFICATION OF WATER SYSTEM "_...A.. Mike Halley was present to ask the Council their policy for supplying water to new subdivisions. He is proposing a subdivision on Bracketts Ro~d and felt that it was not economically feasible to extend. water 'fr()m the Woodhaven well. Council stated the current policy'~oes tiot require municipal water for subdivisions. ." .. DENIAL OF USE OF PUBLIC RIGHT-OF-WAY - 25535 BIRCH BLUFF ROAD Mr. Greg Sorenson of 25535 Birch Bluff Road has requested the right to place a 6' high privacy fence on the road right-of-way. He stated that this fence would not prohibit snow plowing but would keep bikers from "jumping" their bikes onto his lawn. Gagne moved, seconded by Brancel, to deny the request as submitted. Motion to deny was approved - 3 ayes to 1 nay (Stover). PLANNERS REPORT Condemnation Orders - 5 4205 Enchanted Drive /, a u es t condemnation procedures. statutes and is requesting Attorney Froberg informed Nielsen of supercede City Ordinances regarding Nielsen is proceeding in accordance with orders to have these dwellings removed. Ordering Removal of Dwelling - 5640//County Road #19 / RESOLUTION NO. 93-87 "- Gagne moved, seconded by Brancel, tohavetneCouncil order the removal of a hazardous building at 5620 County Road #19 and authorize the Mayor to execute the Order. Motion carried by Roll Call Vote - 4 ayes. Ordering Removal of Dwelling \r-vwV 4205 \ Enchanted B_i~e RESOLUTION NO. 94-87 .~ Gagne moved, seconded by Brancel, f6have the Council~r the removal of a hazardous building at 4205 Enchanted ~ and authorize the Mayor to execute the order. Motion carried by Roll Call Vote - 4 ayes. DISCUSSION OF REINSTATEMENT OF TINGEWOOD PLANNED UNIT DEVELOPMENT Attorney Smith was present representing Construction, requesting reinstatement of order to resume building. Robert Erickson of B.E. the Tingewood P.U.D. in He would like a staff representative appointed to work out final details ot the development agreement as to not have to return to the Council to reinstatement the P.U.D. -4- ... MINUTES MONDAY, JULY 27,~87 PAGE FIVE ~ DISCUSSION OF REINSTATEMENT OF TINGEWOOD PLANNED UNIT DEVELOPMENT - cont. Rascop asked if all the conditions previously submitted have been ,. complied with yet. Mr. Smith thought that most of them have been completed, and would like construction to resume now. Allen Rubenstein, a resident of Tingewood, spoke in favor of the continuation of this project. Council gave conceptual approval but wants all items previously listed completed prior to reinstatement of the P.U.D. ATTORNEYS REPORT , Support for Signal Lights at County Road #19 and State Highway #7 RESOLUTION NO. 95-87 Gagne moved, seconded by Brancel, to direct that the Resolution be forwarded to Excelsior supporting the installation of signal lights at State Highway #7 and County Road #19 due to the hazardous conditions at that intersection. Motion carried by Roll Call Vote - 4 ayes. Ordinance Adopting the New City Code Book ORDINANCE NO. 197 Administrator Vogt supports Additional Ordinances passed Ordinance repeals are done. the adoption of the new code book. will be added to this book until Mr. Bergslien asked if this Ordinance covered the responsibility of road right-of-ways. He felt that the right-of-ways need removal of a lot of diseased and dead trees. Vogt stated that was the responsibility of the City and money has been budgeted and scheduled for removal. Gagne moved, seconded by the new Ordinance Code Book. Stover, to adopt an Ordinance accepting Ordinance adopted - 4 ayes. Amendment of Water and Sewer Service Agreement with Tonka Bay Attorney Froberg submitted the agreement for water/sewer service agreement with Tonka Bay for Council review. A previous Resolution was adopted authorizing the signature of the agreement. Condemnation Update - Maiestic The first scheduled and the Hall. meeting of the Commlssioner's to re~iew the property is for August 6th, testimony will be taken September 2 and 3 15 and 16 if necessary. This meeting will be held at City -5- MINUTES MONDAY, JULY 27, PAGE SIX ., . ATTORNEYS REPORT - cont. Executive Session was called to order at 8:55 p.m. to discuss negotiations with Mr. Majestic, session closed at 9:10 p.m. S.E. Area Condemnation proceedings begin on August 28. COUNCIL BREAK 9:10 P.M. - 9:13 P.M. ENGINEERS REPORT Acceptance of Plans and Specifications for S.E. Area Water Tower RESOLUTION NO. 96-87 . Engineer Norton reviewed the plans for the ~ater tower. He suggested the City logo be placed on the north and south facing sides of the tower and the name "Shorewood" on the east and west sides. He is proposing signal transmission with dedicated phone lines or a radio requiring FCC Frequency with an estimated cost of $25,000.00 to $30,000.00. He would like to take bids on a 400,000 gallon tower and a 500,000 gallon tower to obtain the best bids. Gagne moved, seconded by specifications for the S.E. Roll Call Vote - 4 ayes. Stover, to accept the plans and Area Water Tower. Motion carried by Authorize to Water Tower Advertise for Bids and Acceptance of Bids - S.E. Area RESOLUTION NO. 97-87 Gagne moved, seconded by Stover, to advertise of bids for 400,000 gallon and 500,000 gallon water tower. Bids will be received on August 31 at 11:30 a.m. Motion carr~ed by Roll Call Vote - 4 ayes. ADMINISTRATIVE REPORT RecYcling Agreement - Super Cycle RESOLUTION NO. 98-87 Administrator Vogt and Citizen recycling representative Pat Gorecki reviewed the recycling agreement with Super Cycle. The agreement provides for one drop off .site and one curb side pick up each month for all of Shorewood residents, at a cost of $602.00 per month. Gagne moved, seconded by Brancel, to authorize the Mayor and City Clerk to enter into this agreement with Super Cycle. Motion carried by Roll Call Vote - 4 ayes. Mrs. Gorecki stated that education and publicity is necessary now to make the recycling sucessful. The League of Women voters program is already meeting the goal set by Hennepin County for percentage of recyclables collected. Council thanked Mrs. Gorecki for all her efforts ln establishing the recycling program. -6- MINUTES . MONDAY, JULY 27, 1 PAGE SEVEN . ADMINISTRATORS REPORT - cont. Corridor Study Update Vogt and Haugen attended the July 23 Corridor the Commission accepted the recommendation obf alternatives 4 and 5 to proceed into the process. Financial concerns of the City are and without financial participation from the cities, nothing can be done. Study Meeting where the MnDOT staff for project development understood by MnDOT City or surrounding Office Expansion Update Vogt met with Nick Ruehl of EOS and informed him of the limitatioR of $150,000.00 for the total project cost of the addition to City Hall. He reviewed the next steps to be completed. Rascop would like to meet with the architect and see more than one plan. Flood Damage Report A portion of Rustic Way washed away, the City dumped rip-rap in and will correct the problem soon. The railway corridor washed out in two sections, this will be taken care of by Hennepin County. A boulder wall was washed away in Waterford, this will be repaired by the residents. Crescent Beach has been closed due to a Met sewer back-up and flowing out at the beach. Country Club Road flooded out, it has been suggested by Mr. Witrak to install a culvert on the S.W. corner of the golf course to alleviate this problem. Engineer Norton will review this proposal. One report of a wash out carne from Birch Bluff Road. Federal inspectors have been out on private property damage. Manor Park tennis court retaining wall collapsed and caved in the fence. Ivy Lane had some erosion of a retaining wall and a catch basin over flowed when it filled up with leaves. Resignation of Public Works Director Don Zdrazil has submitted his resignation as Public Works Director affective August 4, 1987. Advertisement for a new director will be placed. MAYORS REPORT Island Storm Report Rascop stated that five trees fell be removed by residents in order rented a pump to pump water off of to see the dead trees on the public also like a "red tag" placed in file addressing drainage in case property. down on public roads and had to to get off the islands. He has Enchanted Point. He would like right-of-way removed. He would the Upper Lake Minnetonka Yacht of future development of that -7- MINUTES MONDAY, JULY 27, ~ PAGE EIGHT . COUNCIL REPORTS Agenda Mailin9 Brancel moved to who would like to carried 4 ayes, newsletter. develop an agenda mailing list for those people receive the agenda, seconded by Rascop. Motion notice of the list will be placed in the City Shorewood Oaks Complaint Brancel questioned why there was a great deal of tar and old hay piled up at the Shorewood Oaks site. Engineer Norton will talk to the on site inspector and have it cleaned up. He also stated that the water relief system is working properly thrqugh the heavy rain storm. Executi ve session"1Jr".J< The Council held an executive session to discus~matters. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, meeting of for payment. seconded by Stover, to adjourn the Regular Council July 27, 1987 at 11:10 p.m. subject to approval of claims Motion carried - 4 ayes. General and Liquor Funds - Acct. No. 00-00166-02 General Liquor Checks #051083 - 051152 $71,828.34 $24,419.51 Payroll Check List: Checks #201420 - 201453 Total $ 9,133.90 $80,962.24 $ 2,840.08 $27,259.59 RESPECTFULLY SUBMITTED, Robert. Rascop Mayor Sandra L. Kennelly City Clerk SLK/slq -8- <,4 . . GENERAL & LIQUOR FUNDS-BILLS PAID SINCE JULY 23, 1987 CHt;CK NO. TO WHOM PAID PURPOSE AMOUNT 051083 (G) 051084 (G) 051085 (L) 051086 (L) 051087 (L) 051088 (L) 051089 (L) 051090 (L) 051091 (L) 051092 (L) 051093 (L) 051094 (L) 051095 (L) 051096 (L) 051097 (LJ 051098 (L) 051099 (L) 051100 (G) 051101 {G) 051102 (l;) 051103 (G) 051104 (G) 051105 (G) 051106 (G) 051107 (G) 051108 (G) 051109 (G) 051110 (G) 051111 (G&L) 051112 (G) 051113 (G) 051114 (G) 051115 (G) 051116 (G) 051117 (G) 051118 (G) 051119 (G) 051120 (G) 051121 (G) 051122 (G) 051123 (G&L) 051124 (G) 051125 (G) 051126 (G) 051127 (G) Pony Express Mary Ann Meyer Bellboy Corp. Eagle Wine Co. Griggs, Cooper & Co. Johnson Bros. Co. Jude Candy & Tobacco Minnesota Bar Supply Minnesota Mun. Liquor Northern States yower Northwestern Bell Ed Phillips & Sons Pogreba Dist. Prior Wine Co. Quality Wine Ryan Properties Weekly News, Inc. American National Prudential Insurance Minnegasco A T & T A T & T Acro-Minnesota Ameridata Systems Archives Corp. Associated Asphalt Automatic Systems City of Tonka Bay Commercial Life Ins. Commissioner of Trans. Dept. of Property Tax Hance Hardware Inc. Hennepin County Kar Products Mac Tools Mahoney Home Services H.C. Mayer & Sons Metropolitan Area Manage. Midwest Asphalt Corp. Minnegasco Minnesota Mutual Life Northern States Power Northwestern Bell Office Products Orr-Schelen-Mayeron -1- Courier service $ House Purchase Aug '87 Liquor Purchases Wine Purchases Liquor Purchases Wine & Liquor Purchases Misc. & Cigarette Purchases Misc. Purchases Annual Membership Dues Utilities Telephone Service Wine & Liquor Purchases Misc. & Beer Purchases Wine Purchases Wine Purchases Rent for August 1987 Advertising Bond payment 4-1-87 Add. Life insurance Utilities Maint. contract-City Hall Telephone Service-Public Works Office supplies-City Hall Software & Hardware Agreement Glare Screenfor computer Blacktop-Streets Timer-Water Dept Water & Sewer-2nd qtr Employee Life Ins.-Aug. '87 Relamp Freeman Park Property Agreement Hinge & hooks Prisoner Expense Misc. Bolts & Nuts Small Tools 1987 Roadside & Parks Spraying Case of Grease Managers association Tack Oil Utilities Employee Accident Sickness '87 Utilities Telephone Service Ribbons Eng. Fees Shorewood Oaks 30,J19.63 SE Area Water 332.47 On-going Dev 2,455.67 Silverwood Pk 363.26 Zoning/Subdivision 69.19 General 3,642.11 10.50 1,055.00 2,312.31 273.96 3,486.39 780.12 352.98 164.04 200.00 351.05 149.55 355.08 4,025.54 644.82 643.55 1,922.58 83.00 16,096.56 5.20 7.72 23.25 6.75 65.40 800.00 71. 20 5,208.64 120.19 600.84 24.48 11. 25 1,359.36 8.80 853.99 85.58 8.00 2,460.00 21.50 11.00 780.uO 89.78 118.32 1,290.42 348.67 482.7Z 37,182.33 . . CHECK NO. GENERAL & LIQUOR FUNDS-BILLS PAID SINCE JULY 23, 1987 TO WHOrl PAID PURPOSE AMOUNT 051128(G&L) 051129 (G) 051130 (G) 051131 (G) 051132 (G) 051133 (G) 051134 (G) 051135 (G) 051136 (G) 051137 (G) 051139 (G) 051140 (G) 051141 (G) 051142 (1..) 051143 (L) 051144 (L) 051145 (L) 051146 (L) 051147 (L) Q5114B (L) 051149 (L) 051150 (L) 051151 (L) 051152 (G) Physicians Health Plan Satellite Industries S. Lake Mtka Public Safe. Tanka Printing Co. Vessco Inc. Visu-Sewer Clean Waste Management Judy Quaas State Building Inspector Ev Beck US Postmaster Judy Quaas Jean Busby A T & T Bellboy Corp. Eagle Wine Co. Griggs, Cooper & Co. Johnson Bros. Liquor Jude Candy & Tobacco Minnesota Sub. Newspaper ~d Phillips & Sons Prior Wine Co. Tombstone Pizza Daniel Vogt -2- Employee Health Ins Aug '87 $ Chemical toilets June booking fee Envelopes Chlorinator Head-Water Dept TV sewer line Garbage removal May,June,July cleaning Surcharge Mileage for July '87 2nd qtr Utility billing Cleaning the house Mileage for July '87 Phone serv~ce Liquor purchases Wine Purchases Liquor Purchases Wine Purchases Cigarette & Misc. purchases Advertising Wine & Liquor Purchases Wine Purchases Misc. purchases Mileage for the month of July '87 Subtotal General Subtotal Liquor 2,542.37 240.00 22.92 253.00 370.00 400 . 00 81.00 300.96 4,309.34 45.87 203.10 100.00 6.51 1.23 1,512.49 158.77 3,319.54 2,254.60 408.31 135.48 471.91 379.96 32.25 97.21 71,828.34 24,419.51 . . GENERAL & LIQUOR FUNDS - BILLS PAID SINCE JULY 23, 1987 CHECK NO TO WHOM PAID PURPOSE AMOUNT PAYROLL CHECK LIST- PAYROLL PERIOD 8/5/87 201420 (C;) Robert Rascop Mayor-Aug '87 $ 200.00 201421 (G) Janice Haugen counci1member-Aug '87 134.82 201422 (G) Barbara Brance1 Counci1member-Aug '87 147.82 201423 (G) Robert Gagne, Jr. Counci1member-Aug '87 150.00 201424 (G) Kristi Stover Counci1member-Aug '87 150.00 201425 (G) Daniel Vogt 80.00 hrs 899.06 201426 (G) Sandra Kennelly 80.00 hrs 699.38 201427 (G) Susan Niccum 80.00 hrs 462.31 201428 (G) Shelly Quaas 80.00 hrs 376.15 201429 (G) Evelyn Beck 80.00 hrs 623.71 201430 (G) Jean Busby 80.00 hrs 515.02 201431 (G) Bradley Nielsen 80.00 hrs 805.89 201432 (G) Patricia Helgesen 64.00 hrs 454.51 201433 (G) Bradley Nielsen Motor Vehicle Allowance 117 .35 201434 (G) Charles Davis 80.00 hrs reg 5 Hr OT 417.57 201435 (G) Dennis Johnson 80.00 hrs 566.09 201436 (G) Daniel Randall 80.00 hrs 575.01 201437 (G) Howard Stark 80.00 hrs 2 on call 529.43 201438 (G) Ralph Weh1e 80.00 hrs reg 5 hr OT 511.72 201439 (G) Donald Zdrazil 80.00 hrs 798.06 201440 (L) Russell Marron 80.00 hrs 486.77 201441 (L) Robert Nash 36.UO hrs 180.00 201442 (L) Christophe Schmid 49.00 hrs 182.30 201443 (L) Donald Thara1son 15.00 hrs 76.07 201444 (L) Brad Holte 7.00 hrs 32.48 201445 (L) Ross Nasset 55.50 hrs 240.23 201446 (L) John Thompson 15.50 hrs 70.29 201447 (L) John Josephson 20.00 hrs 88.19 201448 (L) William Josephson 80.00 hrs 518.75 201449 (L) Susan Latterner 36.00 hrs 144.63 201450 (L) Steven Maeger 26.50 hrs 122.68 201451 (L) Dean Young 80.00 hrs 486.81 201452 (L) Joel Bovee 20.00 hrs 96.32 201453 (L) Scott Bennyhoff 24.50 hrs 114.56 Subtotal General 9,133.90 Subtotal Liquor 2,840.08 Total General 86,962.24 Total Liquor 27,610.96 TOTAL 114, :>73.20 -3- CITY OF SHOREWOOD , STUDY WORK SESSION MONDAY, JULY 20, 19 COUNCIL CHAMBERS 57.0UNTRY CLUB ROAD 7:3 .M. MINUTES CALL TO ORDER Mayor Rascop called the special study session meeting to order at 7:30 p.m. on July 20, 1987 in the Council Chambers. ROLL CALL Present: Mayor Rascop, Councilmembers Haugen, Stover, Gagne and Brancel. Staff Engineer Norton, Planner Nielsen, Administrator Vogt and Clerk Kennelly. f AMEND AGENDA Haugen would "Strategy for Study". like to staff amend the agenda by adding as item #4. meeting with Met Council regarding the Corridor WATER ASSESSMENT POLICY DISCUSSION Administrator Vogt began the discussion on method of assessing by saying that no matter which method is used, it cannot exceed the value of benefit to the property. It has been recommended by the League of Minnesota Cities, to have each affected parcel appraised before and after the improvement is installed to determine increased valuation. Engineer Norton submitted a copy of the Badger/Glen Road watermain feasibility report. He attached various methods by which this project could be assessed. The assessor was contacted to determine what effects the project would have on evalution of the properties. He recommended on assessment that would not be appealed. Stover had concerns that the assessment may not be paid on vacant property. She would like to see a policy in place in order to respond to future developers requests. Mrs. Vogel asked if the Citizens Committee was aware of this policy setting session. She wanted to know if it was going to cost the residents any money. She was opposed to the City paying for any of the water extension lines to service the City offices, garage or park buildings. Stover moved, submitted in After further Gagne. seconded by Gagne, to support the assessment policy as this feasibility report for this project (proj. 87-4). discussion Stover withdrew her motion, seconded by Stover moved, seconded by Gagne, to accept this feasibility report and place it on file. Motion carried - 5 ayes. -1- ~ MINUTES-WORK SESS. MONDAY, JULY 20, 7 PAGE TWO . BUILDING EXPANSION The Financial Advisory Board recommended that the City expand into the house behind City Hall with the walkway attachment. They felt that it was the least expensive option that could be used immed1ately and improved slowly. Rascop doesn't support adding onto the front of the current City Hall unless all ground water problems are corrected. Haugen asked if the City could afford the smallest addition proposal. Vogt reviewed probable excess revenues that could be used for the addition. The least expensive proposal would cost approximately $126,000.00. Stover suggested setting a top price and see what the architect could provide for that price. Gagne stated that most residents he spoke to, supported the use of the house for expansion. Rascop would like to talk to neighbors now that cost figures are available. Stover would like to use the house and set use restrictions on the house. Haugen moved, seconded by Gagne, to thank the architect for work done and discontinue further services. Motion carried - 5 ayes. Haugen moved, seconded by Gagne, to hold a meeting on August 13th at 7:30 p.m. with the Council Staff, and the local residents. This meeting will address all the -Qosts and problems with the bous-e. Motion carried - 5 ayes. Vogt will present the costs of the various plans, Nielsen to list code issues and the Council will set policy. IT vc),l. ~->-..d1..jL' (.): ',! &.}) Gagne would like the Council to start considering the change in the location of the Public Works Department also. Haugen moved, seconded by Gagne,to begin preparing a preliminary needs analysis for the future needs of the Public Works Department, to be prepared by staff. Motion carried - 5 ayes. Rascop moved to put the house up for sale for $129,000.00. Motion died for lack of a second. Haugen moved, seconded by Stover, to delay putting the house up for sale until after the meeting of August 13 is held. Motion denied - 2 ayes (Haugen and Stover) 3 nays. Gagne moved, seconded by Brance1, to cancel the meeting of August 13 and put the house up for sale. Motion carried - 5 ayes. -2- I MINUTES - WORK SESS~ MONDAY, JULY 20, l~ PAGE THREE . FINANCING THE BUILDING ADDITION Council discussed the methods of funding for the building addition and maximum project cost. Rascop moved to authorize the creation of a building fund over two years with $75,000 each year for expending in 1988. Motion carried - 3 ayes - 2 obstain (Stover and Haugen). Gagne moved an amendment, seconded by Stover, to use all excess budget funds this year and budget $38,000 for next year and to start construction in 1987. Motion carried 4 ayes - 1 abstain (~nocep1. Rascop moved, seconded by immediately, at $129,000.00. Haugen, to place the house Motion carried - 5 aye~. for sale. \)' Council directed a letter be sent to Nick Ruehl limiting the addition to a total cost of $150,000. CORRIDOR STUDY \ ., The next Corridor Study meeting will be held on July 23, 1987 at 4:00 p.m. Haugen presented a list of Met Council members and asked the 'Council to call each of the members and express their support of Alternative number 1 or 5 after compromise only, and to include cost sharing amoung the surrounding cities. MAYORS REP8:RT Met Council A letter has been received looking for input in the areas of water, transportation, solid waste and others. Levy Limitation Vogt and Beck will be attending a meeting regarding the newly set levy limitations for cities under 5,000 population. ADJOURNMENT Haugen moved, seconded by July 20, 1987 at 11:47 p.m. RESPECTFULLY SUBMITTED, Brancel, to adjourn the study meeting of Motion carried - 5 ayes. Robert Rascop Mayor Sandra L. Kennelly City Clerk SLK/slq -3- t . . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen K risti Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 FROM: Mayor and Councilmembers Dan VOgt~ August 5. 1987 MEMO TO: DATE: SUBJECT: New Joint Cooperation Agreement - Community Development Block Grant (CDBG) Program Attached you will find a letter. the Joint Cooperation Agreement and draft Resolution adopting the new Agreement and authorizing the Mayor and Clerk to sign for participation in the CDBG program for the next three years. The letter explains what is needed to continue our participation in the program. Projects using CDBG funds over rehabilitation of private property. diseased trees on public property and the past few years have included South Shore Senior Center. removal of codification. Approval of the Agreement and adoption of the Resolution is recommended. DJV/slq A Residential Community on Lake Minnetonka's South Shore 5;J . . OFFICE OF THE ADMINISTRATOR A-2300 Government Center Minneapolis, Minnesota 55487 V'N~ 4.,"'" ."" 0(., I;, ~~ \ \'It- ,', '~"., ,~!i1. "'~E~ HENNEPIN July 17, 1987 The Honorable Robert Rascop Mayor of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mayor Rascop: The Joint Cooperation Agreement executed by and between Hennepin County and 43 communities to establish the Urban Hennepin County Community Development Block Grant program expires October 1, 1987. To continue the program which provided over 2.6 million dollars in federal funds for local community devel- opment activities this year and over 40 million since the program began in 1975, it is necessary to execute a new agreement to cover the next three years. Provided all 43 communities execute the new agreement and therefore remain in the program, it is expected that at least another 2.6 million dollars will be made available to share in 1988. Please bring the option of participating in the program before your governing body. To do so they should act by resolution to authorize the appropriate officials to execute the accompanying three copies of the Joint Cooperation Agreement and return them to me as provided in Article III., paragraph C., along with a copy of the authorizing resolution by August 28, 1987. The Agreement is for the next three-year period for which Hennepin County qualifies as an urban county. Action on the Agreement at this time will therefore be binding for three years. Electing to execute it will make your community a partner in the Urban Hennepin County CDBG program for federal fiscal years 1~88, 1989 and 1990. Electing not to execute will preclude your community from'participation for the same period. Other than some formatting, there are only a few changes from the Joint Cooperation Agreement in effect. since 1984. One is the inclusion of the current administrative policy limiting the number of activities to three per community per year and each to a minimum of $7,500 (exceptions are joint activities and instances where the planning allocation is less than $7,500). The new agreement also includes a new provision for crediting program income back to the community from which it originates for reprogramming to eligible and fundable activities. HENNEPIN COUNTY an ~qual opportunity ~mploy~r . . Contract No. 7Q496 JOINT COOPERATION AGREEMENT THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as IICOUNTY,II and the CITY OF Shorewood , hereinafter referred to as IICOOPERATING UNIT,II said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59; WITNESSETH; COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that COUNTY secure Community Development Block Grant funds as an Urban County within the provisions of the Act as herein defined and, therefore, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. I. DEFINITIONS The definitions contained in 42 USC 5302 of the Act and 24 CFR Part 570.3 of the Regulations are incorporated herein by reference and made a part hereof, and the terms defined in this section have the meanings given them: A. liThe Actll means the Housing and Community Development Act of 1973, Title 1 of Public Law 93, 383, as amended by the Housing and Commu- nity Development Reconciliation Amendments of 1985, 42USC5301ET.SEQ. B. IIRegulationsll means the rules and regulations promulgated pursuari't" to the Act, including but not limited to 24 CFR Part 570. C. IIHUDII means the United States Department of Housing and Urban Devel- opment. D. IICooperating Unitll means any city or town in Hennepin County which has entered into a cooperation agreement which is identical to this Agreement, as well as Hennepin County which is a party to each Agreement. E. IIStatement of Objectives and Projected Use of Fundsll means the docu- ment bearing that title or similarly required statements or docu- ments submitted to HUD for authorization to expend the entitlement amount and which is developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community Development Block Grant Program. . . II. PURPOSE The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing and authorizes COUNTY to carry out these and other eligible activities which will be funded from annual Community Development Block Grants from Fiscal Years 1988, 1989 and 1990. III. AGREEMENT A. The term of this Agreement is for a period commencing on the effective date of October 1, 1987, and terminating no sooner than the end of program year sixteen (XVI) covered by the Statement of Objectives and the Projected Use of Funds for the basic grant amount authorized by HUD subsequent to the effective date. B. Notwithstanding any other provision of this Agreement, this Agree- ment shall be terminated at the end of the three-year program period during which HUD withdraws its designation of COUNTY as an Urban County under the Act. C. This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the COOPERATING UNIT in the office of the Hennepin County Administrator, and in no event shall the Agreement be filed later than August 28, 1987. IV. ACTIVITIES . COOPERATING UNIT agrees that awarded grant funds wi 11 be used to under- take and carry out within the terms of this Agreement certain projects involving one or more of the essential activities eligible for funding under the Act. COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this Agreement. The parties mutually agree to comply with all applicable require- ments of the Act and the Regulations and other relevant Federal and/or Minnesota statutes or regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate COUNTY's responsi- bility to ass~me all obligations of an applicant under the Act, including the development of the Statement of Objectives and Projected Use of Funds pursu- ant to 24 CFR 570.300 et.seq. A. COOPERATING UNIT further specifically agrees as follows: 1. COOPERATING UNIT will in accord with a COUNTY estab 1 i shed schedule prepare and provide to COUNTY, in a prescribed form, an annual request for the use of Community Development Block Grant Funds consistent with this Agreement, program regulations and the Urban Hennepin County Statement of Objectives. . . 2. COOPERATING UNIT shall use all funds received pursuant to the Agreement for each annual program within eighteen (18) months of the authorization by HUD of the basic grant amount. Expenditure period extensions may be requested in cases where the authorized activity has been initiated and/or subject of a contract. 3. COOPERATING UNIT shall use funds provided pursuant to Section V. of this Agreement to undertake no more than three (3) grant funded activities administered by the COOPERATING UNIT. Each activity shall have a budget of at least seventy-five hundred dollars ($7,500), or the total amount of the planning allocation of COOPERATING UNIT if less than seventy-five hundred dollars ($7,500). A COOPERATING UNIT may assign less than seventy-five hundred dollars ($7,500) to an activity when the activity is one that is programmed by at least one other COOPERATING UNIT and administered by only one COOPERATING UNIT on behalf of the others, provided that the total activity budget is at least seventy-five hundred dollars ($7,500). 4. COOPERATING UNIT will take actions necessary to accomplish the community development program and housing assistance goals as contained in the Urban Hennepin County Housing Assistance Plan. 5. COOPERATING UNIT shall ensure that all programs and/or activi- ties funded in part or in full by grant funds received pursuant to this Agreement shall be undertaken affirmatively with regard to fair housing, employment and business opportunities for minorities and women. It shall in implementing all programs and/or activities funded by the basic grant amount comply with all applicable federal and Minnesota Laws, statutes, rules and regulations with regard to civil rights, affirmative action and equal employment opportunities and Administrative Rule issued by the COUNTY. 6. COOPERATING UNIT shall participate in the citizen participation process as established in compliance with the requirements of the Housing and Community Development Act of 1974"as amended. 7. COOPERATING UNITS shall comply with all of the administrative guidelines of the COUNTY now in effect or as hereafter promulgated. 8. COOPERATING UNITS shall prepare, execute, and cause to be filed all documents protecting the interests of the parties hereto or any other party.of interest as may be designated by the COUNTY. B. COUNTY further specifically agrees as follows: 1. COUNTY shall prepare and submit to Hun and appropriate reviewing agencies on an annual basis all plans, statements and program documents necessary for receipt of a basic grant amount under the Act. . . 2. COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING UNIT in the preparation and submission of the request for funding. 3. COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in fulfilling its responsibility to HUn for accomplishment of the community development program and housing assistance goals. 4. COUNTY shall upon official request by COOPERATING UNIT agree to administer local housing rehabilitation grant programs funded pursuant to the Agreement, provided that COUNTY shall receive ten percent (10%) of the allocation by COOPERATING UNIT to the activity as reimbursement for costs associated with its opera- tion. 5. COUNTY will, as necessary for clarification and coordination of program administration, develop and implement Administrative Rules consistent with the Act, Regulations and HUn administra- tive directives. v. ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COUNTY under the Act shall be allo- cated as follows: A. COUNTY shall retain ten percent (10%) of the annual basic grant amount for the undertaking of eligible activities. B. The balance of the basic grant amount shall be apportioned by COUNTY to COOPERATING UNITS in accordance with the formula stated in part C of this section for the purpose of allowing the COOPERATING UNITS to make requests for the use of funds so aportioned. The allocation is for planning purposes only and is not a guarantee of funding. C. Each COOPERATING UNIT will use as a target for planning purposes an amount which bears the same ratio to the balance of the basic grant amount as the average of the ratios between: 1. The population of COOPERATING UNIT and the population of all COOPERATING UNITS. 2. The extent of poverty in COOPERATING UNIT and the extent of poverty in all COOPERATING UNITS. 3. The extent of overcrowded housing by units in COOPERATING UNIT and the extent of overcrowded housing by units in all COOPERAT- ING UNITS. 4. In determining the average of the above ratios, the ratio involving the extent of poverty shall be counted twice. . . D. It is the intent of this section that said planning allocation utilize the same basic elements for allocation of funds as are set forth in 24 CFR 570.4. The COUNTY shall develop these ratios based upon data to be furnished by HUD. The COUNTY assumes no duty to gather such data independently and assumes no liability for any errors in the data furnished by HUD. VI. COUNTYWIDE DISCRETIONARY ACCOUNT A. In the event that any COOPERATING UNIT cannot commit, expend or does not request its planning allocation, or a portion thereof, pursuant to Section V of this Agreement, COUNTY will assign the unexpended or unallocated grant funds to the Countywide Discretionary Account. The assignment shall also include funds pursuant to Section IV paragraph A.2. of this Agreement. B. COUNTY will retain ten percent (lO%) of all funds placed in the Countywide Discretionary Account to defray administrative expenses. C. COUNTY will, on or before March 1 of each year, inform each COOPER- ATING UNIT of the Countywide Discretionary Account balance and will provide each COOPERATING UNIT the opportunity to make a request for use of all or a portion of the funds. VII. FINANCIAL MATTERS A. Reimbursement to the COOPERATING UNIT for expenditures for the implementation of activities funded under the Act shall be made upon receipt by the COUNTY of Summary of Project Disbursement form and Hennepin County Warrant Request, and supporting documentation. B. All funds received by COUNTY under the Act as reimbursement for payment to COOPERATING UNITS for expenditure of local funds for activities funded under the Act shall be deposited in the County Treasury. C. COOPERATING UNIT and COUNTY shall maintain financial and other records and accounts in accordance with requirements of the Act and Regulations. Such records and accounts will be in such form as to permit reports required of the County to be prepared therefrom and to p,rmit the tracing of grant funds and program income to final expenditure. D. COOPERATING UNIT and COUNTY agree to make available all reco~ds and accounts with respect to matters covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Such records shall be retained as provided by law, but in no event for a period of less than three years from the last receipt of program income resulting from activity implementa- tion. COUNTY shall perform all audits of the basic grant amount and resulting program income as required under the Act and Regulations. . . E. COOPERATING UNIT shall return all program income derived from activities funded in total or part from the basic grant amount to COUNTY upon its generation, except as derived from activities with approved reolving accounts. 1. COUNTY will retain ten percent (10%) of all program income to defray administration expenses. 2. The remaining 90 percent (90%) of the program income shall be credited to the grant authority of the COOPERATING UNIT whose activity generated the income and be used for fundable and eli- gible Community Development Block Grant activities consistent with this Agreement. F. Should an approved activity be determined to represent an ineligible expenditure of grant funds, the COOPERATING UNIT responsible shall reimburse the COUNTY for such ineligible expense. 1. All reimbursements for ineligible expenditures shall be placed in the Countywide Discretionary Account, except as provided for in Section VII.F.2. of this Agreement. 2. When it is determined by the COUNTY that grant funds have been expended on an eligible activity and through no fault of the COOPERATING UNIT the project fails or is no longer eligible, the program reimbursement shall be treated as program income in Section VII.E. of this Agreement. . . . . VI!. EXECUTION COOPERATING UNIT, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on 19_, and pursuant to such approval and the proper County official having signed this Agreement, the parties hereto agree to be bound ,by the provisions herein set forth. Upon proper execution, this Agreement will be legally valid and binding. COUNTY OF HENNEPIN, STATE OF MINNESOTA By: Chairman Of ltS County Board -. ,./ ~/ .v Ass 1 stant County Attorn~y.- -- ,/',. ,/" Date: ~ And: Deputy/Associate County Administrator ATTEST: Deputy County Auditor CITY OF: By: Its APPROVED AS TO EXECUTION: Asslstant County Attorney DATE: CITY MUST CHECK ONE: And: Its The City is organized pursuant to: Plan A Plan B Charter . . . RESOLUTION CITY OF Shorewood , MINNESOTA WHEREAS, the City of Shorewood , Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement, County Contract No. 40455 , for the purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant program; and WHEREAS, the City and the County wish to terminate the Agreement and execute a new Joint Cooperation Agreement, County Contract No. 70496 ,to reconsti- tute the Urban County for purposes of the Community Development Block Grant program. BE IT RESOLVED, that the current Joint Cooperation Agreement between the City and the County, County Contract No. 40455, be terminated effective Sep- tember 30, 1987, and a new Joint Cooperation Agreement between the City and the County, County Contract No. 70496 ,be executed effective October 1, 1987, and that the Mayor and the City Clerk be authorized to sign the Agreement on behalf of the City. The question was on the adoption of the resolution, and upon a vote being duly taken thereon, the following voted in favor thereof: and, the following voted against the same: WHEREUPON SAID RESOLUTION WAS DECLARED DULY PASSED AND ADOPTED THIS DAY OF , 1987. ATTEST: CITY 0 F Shorewood BY Sandra L. Kennellv ITS City Clerk ,j . . ( ~ 1'1')7 () I,' SHOREWOOD ~ 5755 COUi'HRY CLUB FW;\ . '3HORE\NOOD, :'v11i\jNESU,;\ ')5,))1 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 6 AUGUST 1987 RE: SPINKA, SCOTT - SWIMMING POOL PERMIT FILE NO: 404 (Pool Permits) Applicant: Scott Spinka Request: Construction of inground swimming pool Site Location: 19885 Muirfield Circle (see Site Location map - Exhibit A, attached) Setbacks: (see Exhibit B) front - 95' sides - west 21', east 11' rear - 70' Fence: Six-foot, vertical board with self-closing gate, located as shown on Exhibit B Recommendation: Approve as presented cc: Dan Vogt Glenn Froberg Olympic Pools . A F1csJ(lential Community on Lake Minnetonka's South Shore MAY(JR ;--::ubcrt F1dSCUfJ . i ~~' 4"/ cl 32 ~ 6-iJ- SURVEY FOR: fl08ERT H. MASON HOM8S ... r -;> -- 0- -- -+ y .,-" -".,. .... ' \U- ..... 6 I " (\OO~' \ ~ .- ,. ,. '..Q ~" 1" I .40 - 60064 -O~~ Prepared By: r~C) , 26 . SCHOELL & MADSON, INC. Engineers. Surveyors. Planners. Solis Testing 10550 Wayzata Boulevard Mlnnetonka, Mn. 55343 Tel. 546-7601 DESCRIPTION: Lot 17. Block 1. WATERFORD 2ND ADDITION. BENCHMARK: I .. Top of iron pipe as shown. Elevation a 1000.7 (Shorewood Datum). GENERAL NOTES: 1) . - Denotes iron monument found. 2) 0- Denotes wood stake. 3) x1007.2 - Denotes existing spot elevation. 4) x(10D8.6) - Denot~s prOQo~ed spot elevation. 5) Proposed basement floor elevation · 1000.7. 6) Propose~ top of fo~ndation elevation'. 1009.6. . 7) Proposed garage floor elevation · 1008.9. 8) ..--- - Denotes direction of surface drainage. ~ ~(i) . 0, I hereby certify that this survey was prepared under my supervision and that I am a Licensed Land Surveyor.under the laws of teState of Minneso . l~cense No. 17006~ ________"~-_.._.,._....,."._^__:_...~,,.____,._____"_....___'_______"'"'..,0_'-_' .-,._____,..-__.._..._. Date: 3 April 1987 . . MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 29 JULY 1987 RE: LILAC LANE - PROPOSED REZONING FILE NO.: 405 (87.40) BAU<GROUND In June of this year Mr. Eric Danser requested a variance to add a screen porch to the front of his home at 21640 Lilac Lane. As you recall the staff report for that request recommended denial of the variance. At its 16 June meeting the Planning Commission forwarded a 3-3 split decision on the request to the City Council. While three memebers of the Council felt that the request had some merit, Mr. Danser failed to get the four-fifths vote required for variance approval. Mr. Danser's attorney subsequently requested that the Council reconsider the request prior to adoption of a finding of facts denying the request. While the variance request was still ultimately denied, the Council voted unanimously to consider, on its own initiative, rezoning of the area on the north side of Lilac Lane. A public hearing for that purpose has been scheduled for 4 August 1987. The area in question consists of a tier of land parcels between Apple Road and Mill Street on the north side of Lilac Lane (see Area Location map - Exhibit A, attached). ISSUES AND ANALYSIS While Mr. Danser's arguments do not justify the granting of a variance based on the criteria contained in the Zoning Ordinance, six out of eleven City officials who voted on the matter feel that expansion of his home toward Lilac Lane is considered reasonable. This suggests that Mr. Danser's comments, summarized in a letter from him, dated 4 June 1987 (see Exhibit B. attached), justify some sort of change in zoning. Since reducing the front yard setback for the entire R-1A district is considered too far-reaching, it was decided that the area in question should be considered for rezoning to a A Residential Community on Lake Minnetonka's South Shore i-A '.flf Re: Lilac Lane rezoni~ 29 July 1987 . district which allows a lesser setback. The R-1C district was chosen because it will eliminate the need for a variance on Mr. Danser's property. and because of the similarity in front yard setback requirements for the Chanhassen properties on the south side of Lilac Lane. In reviewing this matter. it is suggested that the City consider the following issues: A. Existing Character of the Area. Although several of the parcels under consideration are relatively large. Mr. Danser points out that many of them do not comply with various requirements of their current R-1A zoning status. It has now been verified that five of the seven parcels under consideration do not comply with R-1A requirements. Nonconformities are as follows: Lot 135. While large in area (128.654 square feet) the existing house on the property does not comply with front yard setback requirements. Based upon available information it appears to be approximately 32 feet from the r.o.w. Lot 133. Mr. Danser's existing house is 43.6 feet from the r.o.w. With the screen porch it is 36.6 feet. Tract C. R.L.S. No. 997. The lot is considerably smaller in area (29.225 square feet) than R-1A standards. Tract A. R.L.S. No. 305. The lot is smaller (29.839 square feet) than R-1A standards. Tract B. R.L.S. No. 997. The lot is slightly smaller (37.244 square feet) than R-1A standards. Kezoning the area in question to R-1C would bring all parcels into compliance with the Zoning Ordinance except Lot 135. While drastically improved it will remain three feet too close to the r.o.w. B. Future Development. Concerns have apparently been raised by some residents that rezoning will allow a higher level of development than current zoning will allow. While the change will undoubtedly result in additional density. the change may not be significant. Following is how the existing parcels might be developed under existing and proposed zoning requirements: Existing Zoning Proposed Zoning Difference Trac t B 1 1 none Tract A 1 1 none Tr ac t C 1 1 none Lot 133 1 2* 1* Lot 134 1 2* 1* Lot 135 31 4'/ 11 Lot 138 5 8 3 Total 13 19 6 - 2 - Re: Lilac Lane rezontlt 29 July 1987 . (* Lots 134 and 135 are not wide enough to be split based upon R-1C standards. If the two were divided together. they would yield one additional lot. If they were granted width variances they would yield two additional lots. For this table the worst case scenario was used.) It should be mentioned that three of the potential six additional units will be generated by the westernmost parcel. Due to a significant drainage ravine on the east end of the lot (see Exhibit C. attached). it is anticipated that these lots will be served via Apple Road. a street which already accommodates R-1C development on its west side. This. plus the questionable development potential of Lot 135 due to severe topography and wetland area. suggest that the impact of potential development is insignificant. ! C. Comprehensive Plan. All rezonings should be based upon the Shorewood Comprehensive Plan. Although the designated land use for the area in question is 0 to 1 unit per acre. based upon the development potential discussed in B. above the proposed change in zoning will not increase the overall density for the area. Furthermore. the land use policies in the Plan reflect planning concepts and principles which can be applied to the area in question. Some of these include: a) like uses (in this case densities) fronting one another across streetsi b) creating land use or density transitions at rear property lines rather than along streetsi c) and gradual land use (or density) transitions. The proposed rezoning is also consistent with previous changes made by the City in order that zoning reflects existing development. RECOMMENDATION Based upon the preceding. the rezoning of property along the Shorewood/Chanhassen border between Apple Road and Mill Street is considered reasonable and consistent with Shorewood's Comprehensive Plan. The proposed change to R-1C is considered a logical extension of R-1C zoning to the west and a desireable transition from smaller lots in Chanhassen to larger lots in Shorewood. Not only will the zoning change allow Mr. Danser to keep his screen porch. it will bring the area in question into compliance with Shorewood's zoning requirements. From a planning perspective. this approach is highly recommended over granting an unjustifiable variance. cc: Dan Vogt Glenn Froberg Jim Norton Eric Danser - 3 - I~ @.,I 1<0 lL_ '-J -'1 -J ..... 'i\- ~~ im ~ 1 t.... ..... I I ~g --- +- t .T-:- a I~!I ...1' . :5 ~O. Iii I !..I .... ~"' ~ ~~8 '" -t': !: ,-.. :!~- (!) -=- ~ ~ . , >- (, ~-_.- 2.2 :-.)-\- 8S ':l n::(J'. w-.J > lYe <l__ u @ '~ Exhibit A AREA LOCATION Lilac Lane rezoning . . J~tJE..41 \9~1 Dn\~VL \\)DvJ -c..oiJFO~M \T \E:..S A.,\..Dt0G- L\LAC L"w E::.. \) ~b. ct ~E..(Lt-')\E:. \\"<L"TMht-..,)'S t\cu,Se:... liAs OWL'Y A ~4 FT- Fl?..OrUT SE:.T8A.C.k'- 2) \\JxA.fLC- i L\Nt" S\tJ\C.OX'S LOT S\"'2.~ Too SMt\LL (17.s~w)(.lb'7W'Il"-:291~lS~~)~ ~) S+\N\ ~ ~J\.\~'-\ :I~fUt. S\Mc..OX.\ 1.o"T S\""2k. Tee St'iiALL ( 20SuJ\~~X 115l;:)€;€.p:: 35,SlSS'bfL) ~ 4-) Sc.o"""l"\ ~ ~ uLl ~ S \ "I\C-O)( 's LOT SrLf;. \co ~iv'IALL ('?:.D~ w,~ ~ lOa l~f>:: 30 I 500 ~ \f-) 'I( J; R.-\A. 2.o'IU\f...le:,.~G\)UI~S LoT S\L.-C: o~ A" LE:..^~T 40,DOOISQ.~\. A R.. G L.\ (\1\ E. 10 T ~ I~ FA \J Ot1... 0 F G f2.. A. tJT H~ C:r D 1\ tU ~ L CL \J A tL\ ~J~c...E:.. \) SOUTr-\ S.1~€;.Df=:" L\Lta..C- LAr.j~ (S C-\-\Ar\..H-\ASS€;.t~. Pe...oPcSR...'\\E...~T~E..Q..e. A.ruc... '2.or.JE..D R..S.F. Af\j~ S~TBA.c..\L r:-Q..OM l\LAc-W, \~ 3DFT. 2.') OUT OF T\-\c=.. l4- L..O~\ tUC::rS l ~ S,"oQ.e.\.OOOD I (, t-\ A.\JE.. f\ ~ 5 F'T:- Dt2...-LE.S~ FR..or\JT S~ZT'B ~CJL ~QL)\tLE:..Me..f\JTS . Two ~A\J~ 40 FT. SG."TEA.C."- S , A-tJl::l DfUL-'i \ (l'2.:1."IW~\C..~ \~ tJ\\tJ~) \-\A$ A 50FT S6.T ::BAC.~~ 3) 2..lJ~r.J \'\II\'H TH~ A.~b\TIOtv bF' DUlL 'POI2..C..t'\ I OUrl... ~OUSE:.. WILL STAf,jb 3l F"T ~n_()M L\L-Ac.. LA.tJf::... \-\A(L\"M~I0's \-\OUSE:.. W\LL S,ILL ~c.. ~ 0- c..LDSE..f~ \"0 L\LA.C LA i'J<=' \HA.U OU(L \-\ouSE-. DLJ L ~DLlSe. WILL STILL- (,^~E..-r \~c '3S \- I-DlL-LesS c:::.ETB~C~' R...E-~LJ\Q..E:..Mt..~T W ~ \<:..\-\- f...)c.1 ST S \ ~ ~LE:.\J~~ OF roUI'LTE:..c::.t...1 ).oR- &D O'fo ) OF Sro(LE:.- WOO~ 2Cf-,.)\tJC:,. lJ\STrL\c.,TS, 4~ t\ L'" ~ 0 U G- l-\ S P ~ c.. W L- A. '\ \ V 6.. I \ T SE--E-M S \ to f:.. V \'\A. ~LE:... \\..\f\ T \' \-\ E::. · \'L..- \ ~ 2olJ' ~ r2c.~\I2.C.MUJTS WIl.1.)fIJ \'t\E. NE...A fL. F L.fTU rLE:. J ~ E..c..oM E.. U I\J- R.E:.AL\STIC Duf:. \0 Pof>UL-A.\\O(-..JGQ.ov..rn-, ~\\J D Ge..VE:..LOP r{\c:...tJT of S\-\OQ.k- \)JOOc)'S LAt\J~ . C..Jif$..jrtf\SSL~ t\I\S k...E=. 2.or$€;;.D ALL A, 6 fLl c..UL\ uQ.Al 2.0tJ t ~ f$LE..A.. 's ~t)w TD 12.E..S \ ~E..\'..rT' AL 2.0 f\J \ NET S , A~(:) f\LL FQ....D t$, S~\ "B"c...~s. (I\J Lt\A.f\J"'ASStSw AfLG::.. Of.jL"-( 30 FT . 5) I \-\ A \Jf= \- \ A.tj () we..., ,~e:.:Y\J ~ \ G rJ E:.b L.t..1T€... Q...S F (LQ fII\ A. LL WE:.. \ <::, ~ P 0(L S . A-LC t0Gr LILA.C- L~~E:;" \~ S\-\otLE::WOOD ~\ A\"\ N c:,- Tt\i\T \\-\-~'(H A \1 E- k)o 0 l::.-Tcc.. '\\ C) ~ ~ \0 \\-\ E:. PoR..C...tl\ AuD\, \a~ · Exhibit B J. Eric Danser 1-612-474-22~ LETTER FROM ERIC DANSER 21640 Lilac Ln., Excelsior, MN 553~ Dated 4 June 1987 i . :II i I ~ ~ 3 . ! .. i I I 1 -, - i I . w Ii I ... Ii! o WE I ~ 1'1 Iii c. I . ii, i :ii III '- s Ii, .I! II .. I ,. --~ -- ---;;r- ./ I ~ .., '~ , I I I I oJ,,\' ~. , .1 .,. /' \ .. ""..... Exhibit C AREA TOPOGRAPHY . . KELLY LAW OFFICES ., WILLIAM F. KELLY MARK W. KELLY 351 5ECOND STREET EXCELSIOR. MINNESOTA 55331 ,6121474-5977 July 2, 1987 Mr. Dan Vogt City Manager City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Application for Building Permit 21640 Lilac Lane Eric Danser, Owner Your File No. 405 (87.27) Dear Mr. Vogt: Our office represents Eric Danser owner of the above-described property. It is our understanding that at the last City Council meeting a vote was made on a variance application -- the vote was negative. We now ask that this matter be placed upon the City Council calendar for the July 13th meeting for considering the issuance of a permit herein pursuant to Shorewood Code Section 200.03, Subd. 1, paragraph (k) exclusive of any variance application previously voted upon. It is our position that permits may be issued under the cited section without the need for a variance. Assuming the City Council reconsiders the matter pursuant to the above section, I request the opportunity to address the Council in re~ard to the permit application. We presume that the materials on file with the City are adequate to advise the City Council of the circumstances of the application. Sincerely, ---==:;/-;(:-~./~ k ~ Mai'k W. Kelly ;? --- /' J1 7IJ . . REOOLUrIrn ID. WHEREAS, Eric Danser has applied for a variance for the construction of a screened porch on an existing deck at the front of his home located at 21640 Lilac Lane in the City of Shorewood; and WHEREAS, the screened porch proposed to be constructed does not meet the front yard setback requirements for the subject property and therefore requires a variance to the Shorewood Zoning Ordinance; and WHEREAS, a Public Hearing was held and the application reviewed by the Planning Coomission on June 16, 1987; and WHEREAS, a further review of the application was had before the City Council at their regular meeting held on June 22, 1987; and WHEREAS, a motion to adopt a resolution approving the requested variance failed to obtain a 4/5 majority vote and the Ci ty Attorney was directed by the Council to prepare findings and conclusions denying applicant's request for a variance. lOV, 1HEREREE, BE IT RESOLVED by the City Council of the Ci ty of Shorewood as follows: FINDIr08 OF FACr 1. That the subject property is located in an R-lA zoning district which requires a 50-foot front yard setback. 2. That applicant proposes to construct a screened porch within the front yard of the subject property at a distance of 36.6 feet fran the front yard lot line. 3. That applicant's requested construction requires a front yard setback variance of 13.4 feet. 4. That applicant has sufficient area at the rear of his house to construct the proposed screened porch without need for a setback variance. cnn.usIrns 1. That the variance requested constitutes a substantial deviation fran the requirements of the zoning ordinance. 7~ . . 2. That the property can be put to a reasonable use and a screened porch constructed on the property under the conditions of the Shorewood Zoning Ordinance. , 3. That the applicant has not met the requirement of "undue hardship", and the City Council of the City of Shorewood therefore denies applicant's request for the requested variance. Al.X)PfEI) BY TIlE CI1Y a:xJN:::IL of the City of Shorewood this day of , 1987. Robert Rascop, Mayor A1TEST: Sandra L. Kennelly, City Clerk . . MAYOR Robert Rascop COUNCI L Jan Haugen K risti Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 28 JULY 1987 RE: SKJERVOLD, PAUL - SIMPLE SUBDIVISION FILE NO.: 405 (87.38) BACKGROUND Mr. Paul Skjervold has requested approval of a simple subdivision to divide off one,acre-sized lot from the seven acres of property he owns on the west side of Grant Lorenz Road, approximately 250 feet south of Noble Road (see Site Location map - Exhibit A, attached). The proposed division is shown on Exhibit B. The property in question is zoned R-1A, Single-family Residential, as is all the property surrounding it. The property to the west of the subject site is occupied by the Minnewashta Elementary School. The remaining three sides of the site are bordered by single-family residential development. ISSUES AND ANALYSIS Although Shorewood's current Subdivision Ordinance allows the proposed division to be processed without formal platting, the term "simple subdivision" is considered to be somewhat of a misnomer in this case. Following are issues which tend to complicate the City's review of the proposal: A. Future Development/Resubdivision. While the applicant's proposed division complies with the lot size requirements of the R-1A zoning district, the remaining parcel (B) has the potential for resubdivision into more lots. As in previous similar proposals, we requested the applicant to submit a resubdivision sketch, or "ghost plat", showing how the remaining property can be developed in the future. A Residential Community on Lake Minnetonka's South Shore L>5' Re: Skjervold sUbdivi~ 28 July 1987 . Since the applicant did not submit such a plan. this office took the liberty of preparing one (see Exhibit C). Based upon the applicant's proposal. which shows Parcel A being 8400 square feet larger than the 40.000 square foot minimum. subdivision of Parcel B will be limited in the future to five additional lots. Exhibit D shows an alternative design which may yield six additional lots if Parcel B was reduced to 40.000 square feet in area. Obviously the loss of one lot is more of a concern to the applicant than to the City. However. if he chooses not to reduce the size of Parcel A. the record should reflect that he was advised of the potential consequences. It should be noted that if Parcel A is reduced in size. the required setbacks for the lot will change at such time as the road for Parcel B is platted. As it is currently proposed the setbacks are as follows: front (Grant Lorenz): rear (west lot line): sides (north and south lot lines): 50 feet 50 feet 10 feet At such time as Parcel B is developed. the north lot line will become the front. the south line will be the rear. and the east and west lot lines will be the sides. This problem can be avoided if the proposed house for Parcel A is sited anticipating a future change. There is ample room to build on the lot even if a 50 foot setback is observed along the north. west and south lot lines of the lot (see Exhibit E). B. Drainage. Although not identified on the applicant's survey. a significant drainageway crosses the property from south to north approximately 50 to 70 feet west of Grant Lorenz Road. We have highlighted the approximate centerline of the drainageway on Exhibits D and E. The City should require an easement. the width of which should be recommended by the City Engineer. over the drainageway to preclude possible encroachment or alteration. The City Engineer should also make a recommendation relative to how the drainageway should be crossed in order to access the buildable area of Parcel A. Based upon the pipe size which was required under Noble Road. it is anticipated that a similar design will be required for this property. So as not to duplicate his efforts and costs. the applicant may wish to put in only one pipe where the future road will be. This would require that a driveway easement be provided for Parcel A until such time as a road is built. Finally. the applicant should be required to provide drainage and utility easements 10 feet on each side of each side and rear lot line for Parcel A. Easements for Parcel B can be acquired at such time as it is redivided. - 2 - Re: Skjervold subdiv~n 28 July 1987 . RECOMMENDATION While the issues raised herein could be more easily addressed through the formal platting process. the proposed division can be handled as a simple subdivision provided the following conditions are met: 1. The applicant should be urged to consider reducing the size of Parcel A to accommodate future development. 2. Any further division of Parcel B should be required to be done as a complete and formal plat of the entire parcel. 3. Siting of the house on Parcel A should anticipate future setback changes. 4. Drainage and utility easements. 10 feet on each side of ~he side and rear lot lines for Parcel A. should be required. 5. An easement should be required along the entire length of the drainageway which crosses the property. The City Engineer should recommend the width of such easement. 6. The applicant should be urged to consider constructing only one crossing over the drainageway. 7. The applicant must submit a title op~n~on (up-to-date within 30 days) for the property. to be reviewed by the City Attorney. 8. Prior to release of the Council resolution approving the division. the applicant must pay park dedication fees in the amount of $1000 ($500 per lot). 9. The information required above must be submitted within 30 days of Council approval of the division. 10. Once the applicant receives the Council resolution. the division must be recorded within 30 days of the date the resolution is certified by the City Clerk. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Paul Skjervold Kristafer Skjervold - 3 - @ 1i;. ...... " -1 - r "- CD 1&1 't. CIl ~ '" I ~\ti! on 0 <t ... W ~ ... Z rn g w ~ iii c Z 0 C .,. ~ '" III N ~ 0 .,.1&1 N a: ~z "! 1 . I~ ID CD ., ~ . z . @ ..' ~ ... ~g ~ \f) -l--- ~ '~/"'* " ~~ ~J r II " , ~" ~ -b ~ ..J~ < .......- C\ - o ~ _\ ~ ~ .::!!JJ"':::'-~ {J _-%-4-- .. (t1~I\ j 0 ... ~. ... -:, ~ ("".1) -1\ '1/. -- ... ",~, . 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" '- ~~ '- -' ,f:r: \ "I "#,M.v'.,)-:....... ,.' , , t 6'f f :;;'q _0 -~':,:: '--~7"ncx;; "CS' Nd "'1//'4 /~ ...::---::-~~ ;,;'S' ';1"/ /p 6JV.? ~' <,'L:' Exhibit C POTENTIAL RESUBDIVISION SKETCH Based on applicant's proposal - '-... ",. OP"o~,- Z/yg&"t<.7...:..~/Vf7"'Z/$ ,-.. t::: M~~~ ~,u7~-----<--::"-~"'''',~-,;:,~: --:"~;'~;:'.b:~-- - <',0;~c- ..' .,.._'~ ' " ................ /8 .,6+ ....~------_ .--; ..... - "J .....:..~._.::....+___ ..~~n.. ....:: ..~_.... -".. ..... .>'-€ OJG2-. -. '1": -- :.:.~:::~......-\.. .O~~. i. ..' ..., ~~.:_~::~::.:.~.'.-.. :-~l'-;::'::~,:'~" ~ I ~ I . '.. "" V' ._.' ..' ...r t .... _ . .~ ...........::.:....-...... ........ ..._~~.,..~::~ ~.__~ :~~~;_;~ j'- ).W\\' .' . !li..a .~.. ~.,...-; ..' .... Ur::;' i ~ ~.. '\ ~ o. /<t.~.:.....::~~ .:r::.' ...... ....... ......... ." ........... ......1 .. ~~ ~ c ....'-l'U..... .,~.......:../~..~.><..~ ,'r . ..;,. .... .. · ...n..... .... -' ,.... J '" .' ...' . .. .... . ,~ .,. · ...... ..' ,.... "..' 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SHOREWOOD MEMO: DATE: S 4 ~...e7 . 10 ~ f\A~t'\.\r\~ Co~M\~~O~~ tl\~i.r cf.~ Jtrt~ c..O""'-' \ troM: e('~ ~~Q.~~ f<<<.,.. ~ -S ~4.r"ol~ - 6\ Mt'\.&.. ~b(h'-i\"le" Att""~t.o \~ A ("e~\Jbd \,,\~\O~ ~~:k.. ~ 0 ( \\ j~o-,-t of' l~1 " fo r -t f...e,. 4. ~ I> oJe,.. re. f Q.C"U\ u.O r"'1 ~" \ ) S>..lb",..Ht.~ \:.1 ,M. "pr1iCo..l\-t. J ~ "\ . . G' <<', .......... .........' No"';'h~'" 85(..J3 -~., A III't f'tIr.?lle I. , wil" IA~ ~'s;. ..... .,..... h;,~ ,/ ~He ::,~; . '1 Alw i " E,s/ //h~ 0/ 54J ",/"A/wI --'l,.' N"r~.h ~: ~: ' \1'i~; ~ ~ \ ~~ .w ~ ,.... ,J , "i - :;.,-":,, r . ,- ~ l; &" IJ ~ ~~ I ': ~ \Ii '" , ~' ~ ' ~t"l ~ 1 '. c__-"~'i_-.-:::.~J!-'!!_eC7rq//t9/ w/I;' I/?~ trt?.5/ //17t!' ,,/ /#e ~ I ~ Sa~~h-_... '" ,-0 ----- ,- - 0- I ,-------- -...-...- 50339,-_-r--'., SE./ "'/ ,I-ft!'. .All'll . , , ....~".. . ' , , '. , . . ~ ,.'" , '\ 'L.... , " ~, , .. ~~'h" :/ , . I . , . , '- " .. /95 '. ",'. ~ ~ " ' .... \ ~ " \ . .\ '~"l...~~t~~~ ~ / L./ //~~/ .. '. 'II. ' . . . . ... 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""'4 ~ - ~ '\ ~ . ~I ~ ~ -...l '''~ :;.;, -'r- I \ . I . 'l . . ,/,' ..' '~'1~~ ~'. .' ':.~:> ...........:~~.. .' ~. , .' .~. , ".;,' ;....... .......... .....-\ .t!, .' ....... . ~ .. - -...( ~<..<..::.-. ..... .... ..' ~ ,,-~~~~~~' <.>/.:. .....~....:. (:~~.>. ....... './ . '.. . .-1... 'i' ..'- :\'..... It >...........::>._~~.- \ . -..... ....1" I ..,;'..' .... - ~--......... -. ';:' ~,,' .' ""'I ~---....-. ('7 -:g-~---..:....~4 - .. ~~~~-2~...;;:. v --';i ~ .. .. ~ ............ .. r -, '-- . . . .D cr.. ~ '" ~ () ~ '\. ~i\ ,--- ...... .D... 0 \ \ I ell '205 , ~ . I UI , , . , , , , , , / . .....-... , ......... ..... --. , ... . , ....... (\ ........ ~ ".... ...,~.." . "'. ...... -.--~_..\Al " . . . ...... ~ lD ~ '" UI , . , , , , , , " ~ (J' ell ell o -...... , J ~~ '-~ '" ~ 'i~ .J 7- , - ......' . . . .-< , .' ...... '..... -.' . .. -. , 1l'Zoo '- .. .' x , , , .. -...~ ......... , , . , ,"'i .......\ l' ........ \ " .............. ". .. N: .. N ."--' .~. :..... .\;). " '. I .. .. .. " "'.. '\, ~, .. '" } "I ~ ........ I~ .~ ~ ~\O ~ ~~ ~ ~f't .. . I~ ~ ~ Il. ...... V- ...~ I:' . ~ .'" t '\" .' .' .., .' ,.' .' -~ .. ..' ~ ............. --.. .. ". ................... -.---... ~"'''', ........ 1 \. '\. '.. ". ..... ..' ..' .....,.. .... .,.... ....~~ "2'Z..:i:r-O,:'-:- ...............~'I.;.. ....... ......____........ ......"ZtlcaS'"t-................... ....................-.s.... .. ':... :.__~:...__.-._..;::.:;.~:.4-9". 8/..':~.............-. t:.., ~ -..' -) _..s"".~..~"';.g- - ~~ U.~- Z4" ,.{CP ~ _.~.~... O~,;' s,,,,, AoI'~-- _. '7. $Iti.:I# .~_ . .__._~____~......_... ...Ia".."'tJ ~~A N r ~. "~?:.~'i?B E~:? ___ '8 ClAQ..l ~~'---::: . .. . . 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: 29 JULY 1987 RE: REGAN. CAROL - SETBACK VARIANCE AND VARIANCE TO INCREASE THE NONCONFORMITY OF A NONCONFORMING STRUCTURE FILE NO.: 405 (87.32) BACKGROUND Ms. Carol Regan has requested a setback variance to build an addition on to the north side of her home at 27090 Edgewood Road (see Site Location map - Exhibit A. attached). As can be seen on Exhibit B. the house. which is located on a lakeshore lot. does not comply with side yard setback requirements. The "S". Shoreland zoning district requires side yards which total 30 feet. with no one side being less than 10 feet. The property currently has 19.1 feet of side yard space. with the westerly setback being only five feet. The lesser setback is established by the existing five foot side. Consequently. the proposed addition encroaches into the 20 foot side yard setback area. As a result Ms. Regan has requested an eight-foot setback variance and a variance to increase the nonconformity of a nonconforming structure. The property is subject to the requirements of the R-1A zoning district as well as the "s" district requirements. The lot itself is substandard in terms of width and area. The R-1A district requires 120 feet of width and 40.000 square feet of area. The site is 75 feet wide and approximately 18.300 square feet in area. The existing single-story house contains approximately 2539 square feet of area. The proposed addition measures approximately 15' x 35' and contains approximately 525 square feet of area. The addition will be used as dining area. a garden room and hot tub area. A Residential Community on Lake Minnetonka's South Shore q Re: Carol Regan var~ce 29 July 1987 . ANALYSIS/RECOMMENDATION The applicant explains her request in a letter, dated 7 July 1987 (see Exhibit C). It should be noted that she refers more than once to the house being a nonconforming use. As a matter of clarification the house is a nonconforming structure. One thing which is not explained is why the addition can not be built within the buildable area of the lot. There is ample room to do so - approximately 45 feet between the side setbacks and 48 feet between the existing house and the lake. Obviously, this will require some redesign. The fact that the house can be enlarged without any variance eliminates any argument of hardship. You may recall that prior to adoption of the current Zoning Ordinance, it was strongly recommended that the side yard setbacks for lakeshore lots be reduced to 10 feet on each side. Such a change would have eliminated the need for a variance in this case. Given the position of the Planning Commission and Council relative to the 30 foot requirement, the variance can not be recommended. If, despite the lack of hardship, the City feels this variance request has merit, reduction of the side yard setback to 10 feet for lakeshore lots should seriously be reconsidered. BJN:ph cc: Dan Vogt Glenn Froberg Carol Regan - 2 - ~ ~ \{"l '-" -.......,.,. ..-t 00 u-- ff~ C'" .,.. ..0 ... l)> C"> ~ ... 'It -;t: cO o . . '- I ~ ~/j "1, ! I '1 ... . '" ; '(.; C : '\:~ ~~: .1 '.../ L.. .. _. ---r--- _.. -- ~ ~ ),... E c.; t-:~!! CL~U !!! i~i I I - I ~~,,81 : -\- d.) . ~ o U I Z ~ _._.-+- ),... ~ ~ I.. I I ( I~ ~ ~ Exhibit A SITE LOCA7ION request varl.ance Regan I o "" ...1/ ~)repared for CAROL LAKE AfINNETONKA E"~\S1 I") -~ ~ 'SflO"'~ I' --- ____ __ · "e ~ =---- 74-8 ' " f :"::J r y ( ~' "nt - .....'-, ."tI I ~'; I',''\~ i:i ttl ~ :-$,'\ ~'-[ . . L' '/ ~/ne LI ' r---. "8 +34 .\. ' '-^ ~ \ {--+---, L'': ~, , . , 1" J" 7-0 o o t'C\ f:I' ~ t'J ~-':l t , '1') 2c (. I ,,' ..1..1 c) "7' :'1\ 00 .1 o iii l .), " ..- . .~ ~ :; "';; I" \ ("" / fo'L! ~ 1 , ~ ~- / r- \J~ [,:-,,70 -4 .t: ,,_~i~~~J i M ___.j " \ \ i-- , L-. ... ~ D, tu,rlif)OI1S -,,7&>.00,,- EDGEWOOD '>~I .~ Iti "" f"- er' ('i\ N Wi 11..0< ROAD '-- ,-.1 I- I I ...., ! \ I ~5F \ tt" 1,., \ I \ \ \ \ I I L GEN[f,,<AL NOTES ['e:lOte<:; rCJ'- rnon'JnJent Denote': croce "hse1ed In cc,ncrete ... 939 T Denotes e. ,;t.f)iJ spct eievatlC' l,~K~j :Jenotes proposed spot elevat 101' ~-- Denotes surface drainage Dashed contour lines denotes proposed feat Jres Solid contour lines denotes eXisting features ALL-METRO LAND SURVEYORS 2340 Danie is Street Long La~e, Minnesota 55356 Ph,415'-!433 , I " , $ ~\ r I" " " , . .I.:" t \ 'L ' ' 1 r ~ ! I r- : r i ( 1 J (~_-; 1 1 rJ I hereb~ certlf'y thul tn:s surVey, piJn or report was prepared by me ;f ,:,l~' 'roy d:re:' super.,s: 'lnd tho I I am a du; i k~~ i,tered ~and Surveyor under the iaws of thc . ,pc ,f M nne':.otQ ::; ,II U 1-',.J t ,1 : Jt_' : IF' () i :::) 1 I ' 1 U t 1 II" (J j ,,'/ I (~t ' ' r' L .' i 1 (j r i 'It ; I L d ,... t'! 1 ; () '.-i" : t l' -~ n t ! L r l' ' ~- t ~ ,-.il i : ':.' t , ,'1' 'ilUVU ~.j" '. ! . j , L I : , i! t rl'_ t 1 (i I rot ',/ N' :-; r ) ~ ,. 't jit t'/Ll~__~t I: , t i::lt; i, eel , l' ' 1'(-) 1, 1 L()t Li Ii 1 t 1 J i ~ 1 t, ! j i~, i 1. i 1 1 ;1'_ i t ~ ~j L : it. ' _Hi...~! ,"] L r~n,..t\)!lr". ~ ; lC ~~c.t lCJIi , I, , . Ii or 1'1 ~ ~, ! I L U ." r'(.' L r i \_.: \.1 r d.J 1 i r 1 () r t ! ! /. f',1 r 1 '[; i t l-i t: ,'j t . ~ t 1 J ! j( ;; d i tLt: ;; (iU I' ['; " . ,; I . i;; t tl ( ,': t l'l: ,1 t () I ' (11'! IjL I, t 1, j ; , ;.;; .; ;, , . ( ) ! 1 t 'i;lt..,';) l t Exhibit B PROPERTY SURVEY Proposed top t 'udndotH)r Proposed bosement floor ",'evot,,}! Proposed g,)" ::1" f!(Jor eie~atlor HF N",H MAR K --, /[.~I j'IJ , I -f, Z 7, 8)' , /I J J · / (" I /k..{4/i / '-ff ;.-; "\j' tIOZC, . ..- .,,1 '-.CALE I" :: 4{)' BOOK I I PAGE b2.. F!LE NO 810SI-A . . ~1E}10RANDUM TO: City of Shorewood, Minnesota FROM: Carol Regan RE : Justification for Variance relating to 27090 Edgewood Road based on Section 200.05 Shorewood Zoning Ordinance DATE: July 7, 1987 Subd. 2 Conditions Governing Consideration of Variance Requests. a. Findings of Fact (1), (2) (3) (5) Evidence to be adduced at hearing. (4) Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of this Ordinance. The proposed action will enhance the value of the property and enhance the aesthetic appearance of the property by giving the lakefront a designed and balanced appearance. b. Demonstration of Conditions and Circumstances, etc. (lA) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved. The property was originally constructed as a cabin several years ago and was subsequently expanded in peacemeal fashion. Thus the property is improperly configured. Furthermore, the property was initially constructed so as to face the lakeshore; however, subsequent platting of the lot upon which the property is situated has resulted in the property being improperly orientated towards the boundary lines of the lot. Further- more, the lot size is very narrow in relationship to the width of the property. The property constitutes a non-conforming use under the existing zoning ordinance in that the side yard setback requirements are not satisfied. The newly amended zoning ordinance permits expansion of a non-conforming use if the non-conformity is not increased thereby. The proposed improvement of the property does not materially expand the non-conformity. The side yard setback on the west side of the property will not be affected and the side yard setback on the east side of the property will be reduced from 14.1 feet to no less than approximately 13.0 feet. Exhibit C-1 APPLICANT'S REQUEST LETTER Dated 7 July 1987 . . Furthermore, adjacent to and westerly of the lot upon which the property is situated, is located a 21 foot wide access easement to Lake Minnetonka. This access easement cannot be built upon or in any other way obstructed. This 21 foot wide parcel is a separate parcel of record. (See Torrens Certificate of Title No. 166256, Hennepin County Registrar of Titles.) Therefore, effectively, the purpose and intent of the side yard setback requirement is accomplished in as much as no other property can be located within a minimum of 26 feet of this property. (lB) Special conditions and circumstances are not applicable to other lands, structures, or building~ in the same district. The property has a very unusual history in the way in which the property was initially constructed and subsequently expanded and in the way in which the lot upon which the property is situated became a parcel of record after the fact of initial construction. The property as configured and orientated is a non-conforming use grandfathered in under the current zoning ordinance. The proposed improve- ment to the property is intended to improve the configura- tion and orientation and enhance the value of the property. (2) Literal interpretations of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by properties in the same district under the terms of this ordinance. The current zoning ordinance permits the expansion of a non-conforming use if the non-comformity is not increased thereby. The non-conformity is not materially increased by the proposed expansion. And furthermore the proposed expansion would only affect the easterly side yard setback which when considered separate from the westerly side yard setback, is not non-conforming to the zoning ordinance, but when considered together with the westerly side yard setback is non-conforming. However, such non-conformity in and of itself, does not violate the intent and purpose of the zoning ordinance because sufficient space separating adjoining buildings already exists. (3) Special conditions and circumstances do not result from the actions of the applicant. Applicant purchased the property ln 1986 in its present status as a non-conforming use. -2- Exhibit C-2 . . (4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district. Other residents in the immediate area have been granted variances in the recent past. J. Brooks Hauser owned property a few hundred feet to the west of the applicant's property. Mr. Hauser filled in his property reportedly in violation of various zoning ordinances. Such violation has been permitted to remain. Furthermore, Robert Bergstrand owns property immediately west of applicant's property. Mr. Bergstrand was granted a variance to build a garage upon his property. The g~anting of the variance requested would not confer anymore special privilege than conferred upon Mr. Hauser or Mr. Bergstrand. c. Minimum Variance Necessary. The variance requested is essentially to permit the reduction of the easterly side yard setback from 14.1 feet to no less than 13.0 feet. If the westerly side yard setback were, for example, 20 feet, then there would be no non-conformity under the existing zoning Ordinance because the sum of the two side yard setbacks would equal or exceed the minimum required side yard setback of 30 feet. The increase in the non-conformity resulting from the proposed expansion is negligible, whereas the enhanced value of the property (and the increased assessed value for tax purposes) and the enhanced aesthetics of the property weigh hpavily in favor of granting the variance requested. Exhibit C-3 . . ~ ~-~':,:7?::-~. 1;.... ::- ~ . r t ~, "'D p' ~',...,.'~~~.<~ .",!'_ ~~'~>.-...~1:' :':1__";"""":"~'.:';~~"~~1'_~~ , " - -.. : ""'.-- .-~~ .,.., 'l' '. ~: '-j.4:. . ~t, "~:~~J;~':" I . '. ,~. . . ))'- 'J- ",,: ..~ ! , 1 ~ ...,. . . r-- - - ------- I , I I I I I , I I u-- _ _ ~__'~L- - -~ 1 .. 1 T . . --:1. / / / r----'/ fror~~~_~ : ~ ,~~~--~ !tb-_.Li ~.,,,,,,: ~ ~ -q7 ~I.JGNr t ,I r~ I' I I ~__......--! _____J nJI! ..,., s60 '.11-" 0"" OINING ,.,ReA I GtA"O~N ~O(),." ~~\ ~ \01\ .... ./C',," ~, ~- o. ~1~ ~ CA~OL RE'GAN RE$IOIE"'C.~ 2,10<10 E.OGcvvCdO RoAO SHORE. WOOO, MN ~~'33' ~~"C:f"""N - .J' Nt-- .., Exhibit D FLOOR PLAN ;f .', ,4 ~.~.t 'l" ~ " ,. ,.-' ,'-. \ ~\ ,", ".. '---- '-- C') '- \, C...,", '\ (~ ~ . .....- '-, \ \ ('~ '- -.~ '- '... '\ t '-(- .. ~~, " ...." . '-, \. \ , , "\ \ - -~. ~ t!Hilil!IW:~ 'I :ill!li(1 .1111. il'" I' : '1'1' r, I':: ! '~I ( ,I ,.., .' Y I 7If . ~. -~ ~"',....._~_.. ...,:-.....~-, ..f( ., I I I I.., " I" ~ -- -- r I -~-II I I -IHTIIIIR ---1- --- , .- I , i I I I i , , ! I , i '! i ., I ! ., I , 11 II -I 1. 111 :: I, ~;t II! q .. lilt I;' i II i I ,jl I 'I! I ,~ ! I ! 1 ! 1'1 Iii ;:i I i 1 , I I: .'~ : I i "'~ I ..01. ,t; I ' ~~ i;.. I I =i:ti li '-~~~l ~ ': f II :1 ;" ~ 1 . i I i . , I: I I I Ii , . ., L1 ;~i '.' .: , . , " . , i :7, ~J ' ~. ~ u ~O W .<1 \J '"pi -:!- , " 1 tJ\ ~ I~ i~ l'l , ' .' ,.:JIlIt. " :!: r ;, Exhibit E SIDE ELEVATION . . ~~~~~~ ~V~~ ~~~r~ ~ ~~ ;)7qr;O .. ~4J, J)~ ~ ;{;jy ~ ~ tr7l- ~ ~ ~} ;)7/00 1~1. cU- f+v cW-- d ~ . ) A~~~f ~L~~~h/ ~L J2 cL-vvt... ~ c;y~R. ~ ~~ ~ rYw;j ~~ ~j.~ . . MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel CITY OF SHOREWOOD 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: 3 AUGUST 1987 RE: NEW APOSTOLIC CHURCH - CONDITIONAL USE PERMIT FILE NO. 405 (87.36) BACKGROUND Mr. Ron Stein. representing the National Organization of the New Apostolic Church of North America. has requested a conditional use permit. pursuant to Section 200.11 Subd.4b of the Shorewood Zoning Ordinance. to build a church at 5765 Smithtown Circle (see Site Location map - Exhibit A. attached). The property is zoned R-1C. Single-family Residential. It is worth mentioning that Smithtown Circle is a platted street which was never improved. The property is currently vacant as are the other lots in the Smithtown Circle plat. Land use and zoning surrounding the subject site are as follows: north and wes t - sou th east vacant. zoned R-1C single family residential. zoned R-1C vacant. zoned R-1A The proposed site plan for the church is shown on Exhibit B. attached. Floor plans and elevations for the proposed building are shown on Exhibit C and D. respectively. The building measures 27' x 62' and contains 1653 square feet of area in a single story. Access to the parking lot is via Smithtown Road. Eighteen parking spaces are proposed. Landscaping for the site is also shown on Exhibit B. ISSUES AND ANALYSOS Churches are allowed in residential zoning districts by conditional use permit. Section 200.11 Subd.4b. of the Shorewood Zoning Ordinance contains specific criteria for evaluating such requests. Following is how the proposed church complies with those requirements. plus some additional concerns which should be addressed in the review of the C.U.P. A Residential Community on Lake Minnetonka's South Shore /() . . PAGE 'I\tJO RE: NEW APOSTOLIC CHURCH - C. U. P. 3 AUGUST 1987 1. Setbacks. Required setbacks for the R-1C district are shown on Exhibit B. It is worth noting that side yards are required to be doubled. As can be seen, both building and parking setback requirements have been satisfied. 2. Screening and Landscaping. Due to limited lot area, the applicant proposes to screen the parking lot from residential property to the east and north with a six-foot, vertical board-on-board, redwood fence. Based upon a suggestion by this office, the fence has been "softened" with landscaping along the north edge and northwest corner of the parking lot. Additional landscaping in the southeast corner of the site breaks up the view of the parking lot from property south of Smithtown Road. The Landscape plan contains considerable numbers of conifefous trees and shrubs, in addition to a variety of other plant materials. Size and spacing of plant materials are consistent with Section 200.03 Subd.2g. of the Zoning Ordinance, dealing with required landscaping and screening. Approval of the C.U.P. should be contingent upon the applicant submitting a bid from a certified nurseryman based upon the proposed plan. From this a letter of credit in the amount of 150 percent of the bid will be required to insure proper planting and growth of the landscaping. 3. Parking. As mentioned the proposed parking lot complies with setback requirements. Stall and aisle design also comply with the Ordinance. The required number of parking spaces for churches is one space for each three seats based upon the design capacity of the main assembly hall. The eighteen parking spaces shown are sufficient to serve the proposed seating of 50 people. However. there is some concern that this seating limit could be exceeded at times, resulting in inadequate parking. To prevent this from happening it is recommended that the conditional use permit specify that no on-street parking will be allowed. ~urther. the capacity of the building should be limited to 50. This will necessitate adequate staggering of services to avoid overlap of churchgoers from one service to the next. Although not specified on the plan. perimeter curbing (continuous poured concrete) is required around the parking lot and driveway to the site. 4. Loading. The applicant has stated that, due to the relatively small size of the church. deliveries will be limited to small trucks or vans, during the week when the parking lot is not being used. 5. Section 200.04 Subd.1d. (1). These are the general requirements for all conditional use permits. They should be reviewed as part of the request. une issue which should be highlighted is traffic. The proposed access to the site is via Smithtown Road, which is designated as a collector street. As such it is anticipated that the street will easily be able to accommodate traffic generated by the church. -2- . . PAGE THREE RE: NEW APOSTOLIC CHURCH - C.U.P. 3 AUGU ST 1987 6. Smithtown Circle. As previously mentioned. Smithtown Circle has never been built as a public street. Nor have the required utilities ever been constructed to serve the plat. Although the subject site has access to Smithtown Road and the sewer located therein. the applicant. and others who have expressed interest in the property. have been advised that none of the lots may be built upon until the street and utilities have been provided for the plat. It is recommended that approval of the C.U.P. be contingent upon the applicant or owner or the property submitting plans and specifications for the required improvements. Once these have been approved by the City Engineer. a letter of credit in the amount of 150 percent of the estimated cost of the improvements must be provided to insure that the work will be completed. The applicant has indicated that the church has an understanding with the owner in this reqard. 7. Gradin~. Draina~e and Utilities. Given the flat nature of the site. grading if not anticipated to be a problem. The Engineer should review the plans. however. for grading as they relate to drainage. Approval of the C.U.P. should be contingent upon satisfactory review and approval by the City Engineer. RECOMMENDATION Although the proposed church complies with the requirements of the Ordinance. it is obviously a very snug fit. It must be realized that there is absolutely no room for future expansion. It is also considered extremely important that the recommendations contained in this report be clearly spelled out in the C.U.P.. particularly those that relate to occupancy and parking. BJN/slq cc: Dan Vogt Glenn Froberg Jim Norton Reverend Carl Diem Ron Stein -3- ~...),. ">.,;. _N '0 .... .. . ... ... - .... z z i '"' . ~ > ~ >- z '^ I&J :') ~ it 0 :') u ~ (I) z >- it -l 1&.1 ~ Z :') z I 0 1&.1 U % f : <) It) - CD 1&1 Of. III ~ I- ~ ~~ on 0 "" - ,.. 1&1 ~ ,.. ZIIl ~ .' . - =~ =- -' . - '.~ .... ()C> -~. - '.;J~' ,.' ' V" :.. ~ . . . . . .'- "'. . @) :;;-' -b ,. ;{~ 'i. 1. 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Exhibit D PROPOSED BUILDING ELEVATIONS l J . ......'~-_ III _1'__ ,_. L;;::: _T~~_ ,~ "I i f" _ _ _. . 1'1 b I'i\ ~L-~YAl"ION' . . MA YOR Robert Rascop COUNCI L Jan Haugen K risti Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 Memorandum To: Planning Commission, Mayor and City Council From: Brad Nielsen Date: 30 July 1987 Re: Mason Homes - Setback Variance File No. 405 (87.33) BACKGROUND Mr. Randy Travalia, representing Robert Mason Homes, has requested a 15 foot rear yard setback variance to build a single-family residential dwelling at 5570 Old Market Road (see Site Location map - Exhibit A, attached). The property is located in the second addition of Waterford and is zoned P.U.D., Planned Unit Development. As shown on Exhibit B, Mr. Travalia proposes to locate the structure 50 feet back from the r.o.w. rather than the 35 feet which is required. His reason for doing so is to avoid a rather steep slope at the front side of the lot. He elaborates on what he feels to be justification for the variance in his request letter, dated 7 July 1987 (see Exhibit C, attached). The property is one of three lots located between Old Market Road and the Cemetery of the Ressurrection property. In discussions with Robert Mason, he states that they originally intended to include the subject site in with several other lots within the P.U.D. which were given reduced rear yard setbacks. The lot was later dropped from the final plat for the first addition of Waterford. When it was included in the second addition, the setback issue was overlooked.' ANALYSIS/RECOMMENDATION Having field checked the site, the variance request appears to have considerable merit. As proposed, the driveway will have approximately a seven percent grade. Requiring the house to be located 35 feet from the r.o.w. would increase that grade. Given its location on a collector street and near an intersectIon, the lesser the grade the better. A Residential Community on Lake Minnetonka's South Shore II . . Re: Mason Homes - Setback Variance 30 July 1987 The cemetery property is heavily wooded where it abuts the subject property. The site itself is also heavily wooded. It is doubtful whether the pro- posed house will be able to be seen from the cemetery. Given the topography and shape of the lot, in addition to its location on a collector street, the variance request is not only considered reasonable, but desireab1e from the City's perspective. It is therefore suggested that the variance be granted with the stipulation that the 50 foot front yard will be maintained instead of 35 feet. BJN/s1q cc: Dan Vogt Glenn Froberg Randy Trava1ia Robert Mason -2- "e.,."," .~ ".. .~.tIfJ".fO""\ ~- .-.. -..._.__.. I . . ; l". : ~ ____._ _.___..J I i'~ !. . . JOllA --. o r:'\ ~ :; t Q a= o u.. a= UJ ~ ;: ~ i u' s. .. s o' ." o. c a. li 1 · t d j. j' II. o. a. u.- .. !!l ~ 11'\ 0- -. 'Ji - . .-.., I I I . ... , "'c r. ~ ~ .... ..... , ..s Uo Cq.... ...... . ..-.--- ..... . . \ H')\ I"".,. J)"'''N "t'\.l L 1.0 A~"Wl1:) Exhibit A SITE LOCATION Mason Homes - Setback Varianc 6()()(;4.047 SURVEY FOR: f20SeflT H. M{:l~ON HOMes en'"dt<:t l\l :;0 ~ M"o::r tT' '"d 1-'" Illt':ltT' o :;0 1-'" ;>;"~M" CIl ...:: c:l CIl en ::rc:: o :;0 ~ <: ::l t<:t ...:: 1-'" ::l Q.. III CIl ::r l\l Q.. I-' 1-'" ::l l\l CIl Prepared By: SCHOELL & MADSON, INC. o ~ Engineers. Surveyors. Planners. Soils Testing 10550 Wayzata Boulevard Mlnnetonka. Mn. 55343 Tel. 546-7601 DESCRIPTION: Lot 1, Block 3, WATERFORD 2ND ADDITION. BENCHMARK: Spike in lath in 12-inch Oak tree as shown. Elevation = 1007.2 (Shorewood Datum) . GENERAL NOTES: . I en - <6 <"\ ?~'O :.J~ o 1) . - Denotes iron monument found. 2) 0 - Denotes iron monument set. 3) 0 - Denotes wood stake. 4) xl00l.9 - Denotes existing spot elevation. 5) x(1005.2) - Denotes proposed spot elevation. 6) ..- - Denotes direction of surface drainage. 7) Proposed top of foundation elevation = 1007.2. 8) Proposed garage floor elevation = 1006.5. 9) Proposed basement floor elevation = 999. 1. . ~ I l" I hereby certify that this survey was prepared under my supervision and that I am a Licensed Land Surveyor under the laws of the State of Minnesota. , jf;-p/~ j).-! A J) c-)/ V"(fuo~re D. ~ Date: 26 May'987 License No. 17006 . ROBERT H. MASON !!~,!!.~ . t . July 7, 1987 Honorable Mayor Rascop City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Honorable Mayor Rascop This request is for a rear set-back variance, from 40 feet to 25 feet, as is shown by the proposed house location on the survey attached to this request. This particular lot was originally designed to be developed as part of the initial phase of Waterford, and conversations were held regarding a variance in the rear set-back requirement as part of the P.U.D. Zoning. It was intended that this lot would be specifically designated with a different set-back, as were several of the lots in Phase I. Through an oversight on all of our parts, no action was taken to so delineate this lot as one which would require a rear set-back variance as part of the platting process when the pl~t for Waterford Second Addition was approved. Further, it was my understanding that the measurement for the rear set-back was taken at a peint roughly commensurate with the middle of the house, or in the alternative, on an average measurement from both ends of the house to the rear lot line. Under either of these two alternatives, the structure would comply with a 40 foot rear set-back requirement, inasmuch as one end is approximately 25 feet from the lot line, and the other end is approximately 55 feet from the lot line. This particular lot requires that great care be given to properlY site the home. It is the intention of Mr. and Mrs. Slaughter to put a three season porch on the south side of the home, and this fact alone necessitates that one position the home as far as is practical from the southerly lot line. Even if we were to disregard this intention, the shape of the lot, the proximity to Old Market Road; and the topography of the lot itself all offer varying considerations that dictate where the home should be placed. As the home is currently situated, the home "fits" the natural topography very well (we looked at several alternatives, both moving the house north or south, and either the driveway becomes exceedingly steep, or the bouse sits too far below the natural grade.) 14201 EXCELSIOR BLVD. . MINNETONKA, MN 55345-4997 · 61 Exhibit C-l APPLICANTS REQUEST LETTER (2) Honorable Mayor Rascop July 7, 1987 . . If we situated the house any further to the south, we would have to haul in fill, and would have to cut down many more trees to accomodate the change in the grade. The triangular shape of the lot, coupled with the fact that the house is better served by being 50 feet back from the street, feted us to site the house where it is now proposed. Add the complexity of the topographical deviation within the lot from north to south, and one can readily see that the proposed location is the best possible location. Inasmuch as the property to the rear is owned by the cemetary, there appears to be no adverse impact on any adjacent property owners. In sum, we feel very confident that we have exercised the greatest of care in siting the home on this lot and feel equally confident that this home, where proposed, will be a wonderful addition to Waterford and to the City of Shorewood. We see no adverse impact on any adjacent landowners, and respectfully ask that this rear set-back variance be granted. Respectfully, ROBERT H. MASON, INC. 11. cJ. ~ Ran~raval1a Vice Pres 1 dent RWT: 1 m Enclosure Exhibit C-2 . . SAINT JOHN THE BAPTIST CATHOLIC PARISH 680 MILL STREET, EXCELSIOR, MINNESOTA 55331 474-8868 August 4, 1987 Mr. Brad Nielsen City Planner City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Proposed Variance Lot 1, Block 3, WATERFORD 2nd Addition Dear Mr. Nielsen: On behalf of St. John the Baptist Catholic Church, we enclose our letter of objection to the above variance application to be heard before the planning commission of the City of Shorewood, Tuesday, August 4th. Please make available our objection to the members of the planning commission. Si~erely , ( \1-1- ' \. . / ". t> '~.. /-..-~' .- /-/ t. IV::' ~-c.1 Rog(ej d./Hennessy --J U~ t~~ Edward Bauman ,QIUL 0- /~ULIl--- /' John T. Huber ,Ie '. Clifford Woida ,; /....,V ./",/". ~ \:....y~~ -' Ray J. Merz ,~, / /, ,~/. pc' I l ..:./ // Ij /. ( /~~ </ VL/-~'\ Betty Rehaume ) / J' ,/ t), , ) r/ . . SAINT JOHN THE BAPTIST CATHOLIC PARISH 680 MILL STREET, EXCELSIOR, MINNESOTA 55331 474-8868 August 4, 1987 Planning Commission City of Shorewood Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Re: Proposed Setback Variance 5570 Old Market Road Property legally described as: Lot 1, Block 3, WATERFORD 2nd Addition Dear Members of the Planning Commission: The undersigned are addressing this letter as representatives of St. John the Baptist Catholic Church, which church holds title to the Cemetery of the Resurrection, and which abuts the property proposed for a variance. St. Johns objects to the granting of the requested variance for the reason that it would allow construction closer than the current authorized 40 foot setback. We believe that the granting of such a variance will grossly impact the character and special needs of the cemetery. The present 40 foot setback is not unreasonable. A cemetery's need for quiet and repose in respect of the interred and its pre-existing status within the community certainly dictate that no variance from the setback is appropriate. Under the terms of your ordinance, (Section 200.05, Subd. 2, Sub para. b), it is the applicant who must establish special conditions and circumstances to support a variance. The applicant must show the need does not arise from his own acts. In the present circumstances the lot in question was designed by the applicant, who, we must presume, was fully aware of the setback requirements at the time of its creation. A variance granted at this time would effectively abrogate the previously published and agreed terms of the planned unit development. . . Planning Commission City of Shorewood August 4, 1987 Page 2 In addition, 1n absence of the var1ance, development is not precluded by the applicant. The fact that the site remains buildable belies any true need much less hardship experienced by the applicant. We believe that should a variance be granted in this instance it would confer a special privilege based solely upon convenience to the applicant and in disregard of the rights of existing property owners. Ultimately, respect for the rights of the cemetery and the interred demand that no variance be issued in this matter. We ask that the planning cation, and in the event wise, that the matter be so as to allow St. Johns evidence and information comm1ss10n vote to deny the appli- that there is thought to do other- tabled for a period of one month an opportunity to present further regarding the impact upon our cemetery. Sincerely, /.:) I I /{/ ../ \, I ,J.i. '.'^1I-A" ^. ;;.<(;,-:""1 . /. . ....,' ;;,;.^.,- ../e;'-",;. I L Z-=,'-" ,-,/'. ... .-, ,.' Rjge~/J. Henne~sy , I '~'-', ! I /.1'(:.... 7- A.t0t r' 'John T. Huber ~~6~ Edward Bauman Clifford Woida J" ~ '-_: -F-#""'.....--".: '7 /I_,C_" , - ./ ~ "-...--: Betty Rehaume Ray J. Merz ,l . " ~. henness~ I~ service . . TEL.: (612) 474-3271 - MN NATIONWI DE NO TOLL: 1-800-328-3544 POST OFFICE 80X 397 - 234 WATER STREET EXCELSIOR, MINNESOTA 55331-0397 August 4, 1987 CITY OF SHOREWOOD % The Planning Conunission 5755 Country Club Road Shorewood, MN 55331 Re: Robert H. Mason Inc. (Waterford Addition Developer) Request for a Variance ie 40' to 25' rear lot set-back from Resurrection Cemetary Property. As Chairman of the Board of Trustees, Resurrection Cemetary, owned by St. John the Baptist Catholic Church, and a member of said church for the past 65 years, I believe it is proper that a brief history of this cemetary be given to the members of the Shorewood Planning Commission/City Council members. The Reverend Thomas B. Cushen became pastor of St. John's in 1911. He continued as pastor in Excelsior until his death in October 1960 at the age of 83. In September 1925, some 62 years ago, he inherited approximately $5,000. from his brother's estate in Canada. The same month he purchased 16.8 acres which now comprises the entire 1st and 2nd addition of Resurrection Cemetary. Many many of this area's pioneer families have contributed to the actual up- keep and financial support of this unique property. Its seclusion has always been un-paralled in the cities area. St. John's and its 700 families and its approximately 3,000 members cherish it with all their strength. Not surprising, over 60% of our 3000 members live in the City of Shorewood, which was formerly known as Excelsior Township. Because a notice of tonight's Planning Commission meeting was not delivered to our church office until just 7 days ago, our board of trustees could not possibly alert our 3000 membership congregation of tonight meeting. Six of our seven member board are here however. The only member who is not is the Reverend Allen Mc Intyre, our pastor. He departed on a two week West Coast vacation 3 days before any of our board or the church were notified of the Mason Corporation's variance request. written response to subject variance request. We attach h~rewith // Y~ /j(/-77/_1.- ~ o;r1 tru , .. / ~ --;7,,'1 -,,--,!~ . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 Memorandum To: Planning Commission, Mayor and City Council From: Brad Nielsen Date: 28 July 1987 Re: Wolter, Dennis - Setback Variance and Variance to Expand a Nonconforming Structure File No. 405 (87.34) BACKGROUND Mr. Dennis Wolter has requested approval of a setback variance which would allow him to add a 12' x 15' dining room addition to his present home at 4900 Suburban Drive (see Site Location map - Exhibit A, attached). The existing structure is located 11 feet from the right-of-way of Suburban Drive (see Exhibit B, attached). The addition is proposed to be located 22 feet back from the r.o.w., necessitating an eight foot variance. The existing two-story structure contains approximately 870 square feet of area on each floor. The 180 square foot dining room will be a single story in height and will extend to the north of the house. The subject property is a corner lot which is only 53 feet wide and contains 13,886 square feet of area. The lot is zoned R-lD, single-family resi- dential,as is property to the west and south of it. Property to the north and east of the applicant's is zoned R-lC. ANALYSIS/RECOMMENDATION Criteria for granting variances are contained in Section 200.05 Subd.2 of the Shorewood Zoning Ordinance. The applicant cites the narrow configu- ration of the lot and it's location on a corner as creating a hardship which renders the property unbuildable without a variance. This is evidenced by the fact that the 10 foot side yard setback from the west lot line and the 30 foot setback from the east lot line leave only a 13 foot strip of buildable area. A Residential Community on Lake Minnetonka's South Shore Jd-> . . Re: Wolter, Dennis - Setback Variance and Variance to Expand a Nonconforming Structure 28 July 1987 It is worth noting that the r.o.w. for both Suburban Drive and Idlewild Path are 60 feet in width, 10 feet wider that the required r.o.w. for local streets. This results in a greater green space than the average street. If this green space is distributed on both sides of the street, the resulting variance is only three feet. As a final comment, it is important to realize that there is no other way to expand the existing structure without a variance. . In view of the preceding, the variance is considered reasbnable and consistent with the provisions of the Zoning Ordinance. Approval, therefore, is recommended. BJN/slq cc: Dan Vogt Glenn Froberg Dennis Wolter -2- r<) (\j ~, ,."", I.J.... ~ ... ?' .....~ "7.S- / , ..... ~\'- ~ 20' .. I (21) e.\ .... "CoT. v' . \~ .~ 'a ' . I IS , 'Sl "~-"J':;- ~ 'f'l 7 .\\~~tJ.." ~ ~~ 2 \ ~T ~ "1:.'0 0 "'I:.... ~ ::~: ()~?t ~ G"l t.tl ~ -..~~ (5~ Z' 0." 'Tl 0 . "'8'4t, 5 tV 1'1", ~ 3 - ~ O.L. (f'. 14 '(.'.-;' w . .. r- ~ ~ ~ \I ~ Cl ... ... II '-fI$J' (\41 l77r;'., (Il) 1--- ,~ I .. <,,0 C\J l) Li..J "Z,4. I ,. . I 'CD '", ", I~ I CI' I'" '-- . }left'" ('-, )2 ~ .. i . ... .... . ... . ." l"I I ,. u,. .4ill - ~ '0 ~'" \ ;o2~J4Res_ .)"'It. U:> . IS. ;(, .. L~"J' ,'" ~'t P"I '<' Exhibit A SITE LOCATION Wolter - variance request ..- '.; f' '. I 'iN l~" ~ ~.' . . 1-1 i . ,.! ~,I i '~! ' "'l' : ~ :~ .rlP:: . , I ~ ~~ I' M P:: t' .- - ~. . ~ ~~ --QJ'~~ !:.J, ~ , l~~~~ .: i .~C~ .~~~ , ....; '" () ~'~ ~ 2 ~~- .. ~ ~ ~ .i~ J"') ~ . 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''"'fy ~~s ~ ~E 2. 0 L 0<), .;- ~ C. .., ~ 4c{ ...... >< --<:) .......... ~ \A ~ v +- .. ..;. ';L --_...~. .- - --~\ ~-:- -~ - ~~ ( ,.1 ~ ............ ...........<...................... s - "-'-- --- - ...........- .. , --T-~ - ~,.- ~ ~ V\ ~ -eLL ~ -'jf'J J:> ,CJ, ~ ~ Q?- Exhibit D I'LOOR PLAN ^~_._~--".......-_._"~-~,..~,,~":~.<"--,~~".~~ 1 I \ --"y ..(4..11 " J F...,T ~/ · \. ~., \ ".... ' \ '-- 1 \ I \ I ~ \ I : ff:--'~""- '. ,/ ~;'. ) . --::::>\' . ! ' --. .. -"," -. .... ----. H"._ _:._ .. ,--'-t,. _, ..-:- I \ \ \ , \ '. . . " '>1 J ,1 I _ ,H IE- , '-I' \ RoeF 3 T~~ ~o~ F i .. ~ . r =- ,.,- 'IT.. I.... . 61 ' ,.- ..- --- I~ I ;/.. I' /;;i '':' bx pj _~?.y~ .KAF'n"-. -~ 1+ I R " -r ~. /.Ju, .. _~:xfD ... -:'1 J... _J""IIt - /0' p-, ? ....... ' F itfi'l } i I I. T ;:, f{ i ~:.c! '-" ",1'.. . -? ~/ \ UI' ..... 7 CONC'I.7,tI. . :.~,. , ......... .... -.... /. C ' , .. , '-.., /.:;. J )., :tI~~ - ~ . -. .- ''-'- $;J;VHI~_.J:!JA , ~ T"'. ." ?' L'-1-' CQ." ~'.J..=l -'" F _ Sil- _..LJr. a Fo r Exhibit E CROSS-SECTION Existing and proposed structure . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 .. ... MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 6 AUGUST 1987 RE: TINGEWOOD P.U.D. - REINSTATEMENT OF P.U.D./ DEVELOPMENT AGREEMENT FILE NO. 405 (87.39) At the last Council meeting Robert Erickson's attor~ey. Terry Smith. requested that the Council allow the City staff to negotiate a new development agreement with Mr. Erickson. and allow building permits to be issued as soon as an agreement was signed. Based upon several concerns raised in a staff report from this office. dated 10 April 1986. the Council decided it wanted to remain involved in reviewing the development agreement. Following is the status of the items listed in the 10 April staff report. 1. In the process of clearing title to the property. the developer has paid off the Schoell and Madson engineering company. Consequently. results of sewer and water line tests have been forwarded to the developer. He will provide copies of the test results prior to Monday's meeting. 2. Final inspections have been made on two of the first three units. The third unit is being used as a model. We anticipate the developer to call for a final inspection at any time. 3. Final plumbing inspections have been made on the completed units. 4. The developer agrees to install erosion control measures as per the recommendation of the City Engineer. This is included in the new development agreement. 5. The developer agrees to clean out the ponding area In the southwest corner of the site. 6. The developer has paid an additional building permit fee for the first three units. A Residential Community on Lake Minnetonka's South Shore I~ RE: TINGEWOOD P.U.D.REINSTATEMENT OF P.U.D.I DEVELOPMENT AGR NT 6 AUGUST 1987 . 7. The developer's attorney will submit an up-to-date title opinion to the City Attorney by Monday night. 8. The developer informs us that he would like to finish the second three units this fall as well as begin the final three units. Estimated completion of the project is summer of 1988 or sooner. He has submitted a letter from MetroBank Minneapolis, (formerly Minneapolis Bank and Trust Company), dated 27 July 1987, stating their financial committment. 9. The applicant has submitted a revised landscape plan for the center island. 10. Phasing isas proposed in item 8. above. 11. Evidence of financial committment is shown on Exhibit A, attached. 12. The developer has provided a $1000 escrow to cover City expenses in preparing a development agreement. Exhibit B is the agreement reached between the developer and City staff to-date. Development Agreement. The staff feels that the development agreement will ensure that the project will be completed properly. There is one issue which must be addressed which is somewhat different than our standard procedure. The proposed $5000 let ter of credit does not cover the remaining si.t e improvements (i.e. landscaping. final paving etc.) The developer explains that while the bank has committed to finance the project, due to the history of the project. they are on a "pay-as-you-go" arrangement. In order to get the proj ec t back on its feet and still protec t the City IS interests, it is suggested that the City Council approve the following: 1. Accept the $5000 letter of credit. 2. Issue building permits for the second three units with a stipulation that the pond will be cleaned out and the outflow structure will be constructed prior to occupancy of the units. (Plans for these units have been reviewed and the building permits have been paid for.) 3. Upon co~pletion of the items in 2. above. building permits may be issued for the final three units. Landscaping of the center island must begin as soon as the final three units have been framed. Occupancy of the final three units will not be allowed until such time as enough of the site improvements have been completed so that the letter of credit is sufficient to cover the remaining work. The developer and his attorney will be at the meeting on Monday night to discuss this matter. If there are any questions prior to then. please do not hesitate to contact my office. BJN/slq cc: Dan Vogt Jim Norton J ames Harmsen Glenn Froberg Robert Erickson Terry Smith -2- . . ~z '('~ 1\1;nneapoJ/s, '~,1,11\i July 27, 1987 City Council City of Shorewood Shorewood, MN Gentlemen: This letter is to advise you that we are presently financing the project known as Christmas Lakewoods for Mr. L. Robert Erickson. We are very pleased with Mr. Erickson's performance on this project to date and feel that he is progressing with the project in a very professional manner. The bank indebtedness has been maintained on a current basis and we intend to continue to provide funds for the completion of the project. These funds will include money necessary for completion of all of the common area improvements as well as construction of the individual units. It is our opinion that all of the above mentioned can be completed within the financing that is presently available. If you have any questions or concerns regarding this matter, please feel free to call upon me. Sincerely, r/"'//":r" ....;; /.-.f-~, ~(~/l ?' ,(Z./~ftL.Y/ Jack C. Worledge Executive Vice President JCW!1 kn f.""", 'I b'i t ~ . . AGREEMENT AGREEMENT made this day of August, 1987, by and between B-E CONSTRUCTION, INC., a Minnesota corporation, of 85 Third Ave. S.E., New Brighton, HN 55112 (liB-Eli); and CITY OF SHOREWOOD, a Minnesota municipal corporation, whose address 5755 Country Club Road, Shorewood, Minnesota, 55331 ( II Shorewood ") . RECITALS 1. Prior to September 27, 1982, Tingewood, Inc. ("Developer"), presented to Shorewood, for its consideration and approval, a plat of real estate located in Shorewood, Hennepin County, Minnesota, to be platted as "Tingewood." 2. On or about September 27, 1982, by Resolution 78- 82, Shorewood approved the preliminary plat of Tingewood, and issued a Planned unit Development permit ("P.U.D."). 3. On January 4, 1983, by Resolution 4A-83, Shorewood approved the final plat of Tingewood. The plat was subsequently filed with the Hennepin County Registrar of Titles. 3. Shorewood and Developer entered into a Developers Agreement dated , which required Developer to perform certain obligations as provided in the Agreement. 4. Shorewood considers Developer to have substantially breached the provisions of the Developers Agreement. 5. On or about , Developer sold all the real property plattedas' "Tingewood" to B-E. 6. Since acquiring the property B-E has constructed substantial improvements to the real property, including street grading and surfacing, curbs and gutters, private water system with well and watermains throughout, sanitary sewer mains, storm sewers and surface water drainage facilities, together with buildings, partially completed landscaping, and other improvements. 7. Because of the breaches of the provisions of the Developers Agreement, Shorewood took action on for the purpose of revoking the P.U.D. 8. Shorewood has tagged the property and caused all construction at the site to stop. 9. Shorewood has determined that certain actions must be taken, and if they are satisfactorily performed Shorewood will take action for the purpose of reinstating the P.U.D. 1 (~h"b\+ f:) o o. Old'. 0 t f th and wl11 lssue the necessary bUl lng perml s or e completion of the construction, subject to the ordinary and usual conditions which attach to such permits, and the terms and conditions of this Agreement. 10. In lieu of Developer's performance of those actions, and in order to get the construction completed, B-E is willing to obligate itself to perform those actions, as set out below. AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual promises herein contained, it is hereby agreed by the parties as follows: 1. Obliqations of B-E. following: B-E agrees to do the a. Prepare and deliver to Shorewood a landscape plan to be reviewed and approved by Shorewood. Such plan will include a listing of the plantings to be planted, and a bid from a supplier for the furnishing of the plantings. b. Prepare and deliver to Shorewood a schedule for the expected completion of the construction of improvements in Tingewood. c. Stake hay bales and institute such other reasonable erosion control measures as Shorewood may direct. d. Change the present construction of the catch basin at the southwest corner of Tingewood, so that it complies with ordinary and reasonable engineering standards for such basins. e. Ensure that all construction to be performed at the site will be done in accordance with engineering plans and specifications already approved by Shorewood, and in addition, will ensure that such construction will in every case comply with the current building codes of Shorewood and of the State of Minnesota, and shall verify such compliance by offering the construction for inspection and approval by Shorewood's inspectors. f. Install standard city street signs and any required traffic control signs as Shorewood may direct. " g. At Shorewood' s request, convey to Shorewood the sani tary sewer, storm seweE. and water systems free of all liens and encumbrances an.~with warranty of title; or, in 2 . . lieu thereof, acquire all necessary easements for such systems and assign them to Shorewood. 2. Action of Shorewood. In consideration of the contractual undertakings of B-E as set out above, Shorewood will take action for the purpose of reinstating the P.D.D. and will issue the necessary building permits so that construction may immediately resume. 3. Private Road. It is understood that Tiffany Lane is a private road, that it will remain so, and that Shorewood shall not have any obligations with respect to the maintenance, upkeep or plowing of said road. 4. ci tv Disclaimer. It is agreed that the City of Shorewood, the City Council and their agents or employees shall not be personally liable or responsible in any manner to B-E or any of its contractrors or subcontractors, material men, laborers, or to any ot.her person, firm or corporation, for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and the improvements provided herein by B-E, its contractors or agents; and that B-E will save Shorewood harmless from all such claims, demands, damages, actions or causes of action arising by reason of any acts or neglect on the part of B-E, its contractors, subcontractors, or materialmen, or its agents or invitees; and from the costs, disbursements, and expenses of defending the same. However, B-E shall not hold Shorewood harmless with respect to causes or claims arising out of any acts or neglect on the part of Shorewood or its officers, employees or agents. 5. Townhouse Declaration. B-E has provided to Shorewood a copy of the Townhouse Declaration of Covenats, Conditions and Restrictions, which Shorewood has reviewed and approved; except that B-E shall amend paragraph 4 thereof to add " sanitary sewer" to the utilities there described. 6. Performance GUqranty. For the purpose of providing assurance to Shorewood that the remaining improvements to be done by B-E shall be properly completed and paid for by B-E, B-E shall provide to Shorewood an irrevocable letter of credit in the amount of $5,000.00, which shall remain in effect for a period of one year or until released by Shorewood. Permits for the construction of the last three units to be built at the site will not be issued now~ but when applied for the application will be considered in light of the circumstances then existing, and according to the ordinary and usual standards applicable to all such permits. B-E agrees that the landscaping on the center island of the site will be started immediately after the framing 3 . ... .. 1nspect10n 1S called for on the last unlt to be bU1lt at the site; and that certificates of occupancy for the last three units will not be issued until all site work has been completed to the point that the letter of credit will be sufficient to cover all work then remaining. 7. B-E's Contractual status. B-E undertakes to perform the contractual obligations described above on behalf of and in the stead of Developer. Developer obligated itself to Shorewood by the Developers Agreement dated , to perform all the covenants therein contained. As between B-E and Developer, Developer is bound by contracts with B-E to perform all the obligations contained in said Developers Agreement. By entering into this Agreement with Shorewood, B-E does not step into Developer's shoes, nor assume the status of Developer, nor relieve Developer of any of its obligations owed to Shorewood; nor does B-E in any way give up or jeopardize any claims it may have against Developer for reimbursement or other relief. This Agreement is not entered into by B-E as a replacement or substitution of the Developers Agreement, but as a separate and independent contract with Shorewood. 8. Shorewood's Contractual status. By entering into this Agreement with B-E Shorewood does not waive any claims it may have against Developer, nor any rights, remedies or defenses it may otherwise have with respect to the Developers Agreement, including claims of damages, rescission, termination, or any other rights, remedies or defenses whatsoever. 9. Non-Waiver of Claims. By entering into this Agreement the parties do not waive any claims or defenses either may have against the other on the date hereof, except as specifically set out herein. IN WITNESS WHEREOF, the presents to be executed this parties have caused day of July, 1987. these Signed: Signed: B-E CONSTRUCTION, INC. CITY OF SHOREWOOD By Its President By Its And Its 4 . . 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 FROM: Mayor and Councilmembers -;yJ{ Dan Vogt J.r~, August 5. 1987 MEMO TO: DATE: SUBJECT: 1988 Budget Formulation Below you will find a tentative schedule of dates regarding the adoption process of the 1988 budget. You will note that the dates to discuss the budget correspond to Council meeting nights. If possible. we could meet for a couple of hours prior to our regular meetings. However. if you would rather meet on a separate night for the work session. let me know. Budget Calendar: AURust 24 5-7 p.m. Administrator and Finance Director meet with Council Budget Liaisons Rascop and Stover to discuss budget. AURUst 24 - Proposed budget distributed to Council and Financial Advisory Board. AURust 25 September 10 - Administrator meets with Financial Advisory Board on one evening during this time period to discuss budget. ~eptember 14 - Council Work Session. August 28 - Adopt 1988 Budget. October 9 - Certify budget to Hennepin County prior to October 10. This time schedule will be discussed on Monday night. Let me know if you have any questions. DJV/slq cc: Department Heads A Residential Community on Lake Minnetonka's South Shore ICfA .~ KELLY LAW OFFICES WILUAM F KELLY MARK W. KELLY 351 SECOND STREET EXCELSIOR. MINNESOTA 55331 16121474-5977 August 5, 1987 Members of Shorewood City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Mr. Gagne Ms. Haugen Ms. Stover Ms. Brancel Mayor Rascop Re: Application of Eric Danser 21640 Lilac Lane Dear Members of the Council: I represent Mr. Eric Danser who has made application for a building permit. This matter has been under consideration by the City of Shorewood for the past three months. At the July 13th meeting, the matter was scheduled under Item 6 of the Agenda. It has come to our attention that the matter was considered twice on July 13th. During the first consideration we were allowed an opportunity to address the Council which failed to reply to our request for re- consideration of the variance and in the alternative for a vote pursuant to Shorewood Ordinance Code, Section 200.03, Subdivision 1, Paragraph K. Discussion was quickly terminated when Council person Stover moved that the matter be referred to the Planning Commission for reconsideration of zoning. On behalf of my clients, I objected to this process indicating at the time that the Council was avoiding the issue and denying my client his Constitutional right to due process. No comment was made by members of the City Council in response to my comments. Having been met with silence, I was told by Council member Haugen that silence appears to be our answer. With that, I adjourned with my client to the hallway. They later returned and observed the balance of the meeting. We are now very surprised to learn that our matter was brought back before the City Council under "the attorney's report for.:re- consideration and a vote on the findings of fact. A voteth.t. . . ., . . It;; .... KELLY LAW OFFICES August 5, 1987 Shorewood City Council Members Page 2 the Council had declined to undertake in our presence under the original agenda setting No. 6b. The findings of fact adopted confirms that they were originally scheduled for Item 6b. This conforms with the published agenda. Agenda items are for consideration and action by the Council. Attorneys' reports are not for action by the Council but are simply that, reports of outstanding matters of interest to the Council and public. The vote on the findings of fact was material to the interests of my clients and should have been heard under the originally scheduled agenda item. All actions by the City Council after concluding discussion preclude reconsideration without further notice. Considerations of fairness alone would dictate that this matter not be brought back before the Council. We are appalled that no member of the City Council, objected. Due process demands that the actions of the legislative body be noticed and conducted in such a manner that the public may anticipate the actions, the timing thereof, and ultimately witness and participate. It should be noted that there was no motion at the head of the calendar to remove this item for later consideration under the attorney's report. After a oral protest to the City Attorney, we are now advised that the matter will be reconsidered by the Council August 10th. This action alone belies the improper nature of the earlier manipulation of the agenda. While we will. be on hand for that meeting and expect an opportunity to be heard, in a related matter we must comment that the rezoning consideration before the Shorewood Planning Commission was presented to the Commission as an application by my client. This was incorrect. At no time have we made a direct application for rezoning of our property. The proposal arose directly from action of the Council itself. Suggestions by Mr. Nielson that the rezoning was at my client's instance, were improper and colored the proceedings. ... .. . KELLY LAW OFFICES August 5, 1987 Shorewood City Council Members Page 3 It remains that none of my clients' neighbors object to the issuance of the building permit we are requesting. Furthermore, it is our postion that the building permit was improperly presented as needing a variance. That your ordinance Section 200.03, Subdivision 1, Paragraph K dictates that we are entitled to a building permit per se insofar as subparagraph 5 abrogates any objection regarding setback requirements. This aside, our construction of the porch upon a pre-existing and grandfathered structure, which does not expand the footprint of the house, does not constitute an expansion of the nonconformity. In the event the City Council rules against us on the above ordinance section vote, we are prepared to submit information supporting a finding of undue hardship and issuance of a variance in compliance with Minnesota Statute ~462.357, Subdivision 6. On behalf of my clients, I insist that their right to due process (a hearing) dictates a vote pursuant to Section 200.03, Subdivision 1, Paragraph K. The City Council must vote whether or not we are entitled to a building permit pursuant to that section. It may not delegate that decision to a non-legislative authority, i. e. staff. In the event the City Council fails to vote in our favor by a 3/5ths majority, the matter may then be properly considered for a variance with the additional strictures that are required by statute. Heretofore, we have never been given the benefit of a vote pursuant to your ordinance. On behalf of my clients I reassert our request for a vote under the cited provision at the August 10th meeting. Sincerely, ~r~/~~ Mark W. Kelly . MWK/al cc: Mr. Eri~Danser -fIIi ~~'..>