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071486 CC Reg AgP \ f CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JULY 14, 1986 AGE N D A CALL TO ORDER A. Pledge Of Allegiance B. Roll Call 1. APPROVAL OF MINUTES A. . COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. Ga3;ne Mayor Rascop Haugen Shaw Stover 2. h ~~ -lh~' MATTERS FROM THE FLOOR Regular Council Minutes - June 23, 1986 (Att #1 - 3. A. B. PLANNING COMMISSION REPORT A. B. I\; 4. PARK COMMISSION REPORT A. i\ y B. 5. C.U.P. TO EXPAND A NON-CONFORMING STRUCTURE Applicant: Vern Zeller Location: 5060 Shady Island Pt. J ~ :/ J Minutes ~ I Y Y (Att #5 - S~arf Report) 6. SETBACK VARIANCE Applicant: Edward Eckstrom Location: 26575 and 26525 Edgewood Road (Att #6 - Staff Report) -1- ~ , " I COUNCIL AGENDA JULY 14, 1986 page 2 7. C.U.P. AND VARIANCE - ACCESSORY SPACE IN EXCESS OF,lOOO SQ. FT. Applicant: James Westby Location: 27020 West 62nd St. (Att #7 - Staff Report) 8. SIMPLE SUBDIVISION Applicant: Jan Niska Location: 4720 West Lane (Att #8 - Staff Report) 9. C.U.P. AND VARIANCE - EXPANSION OF A NON-CONFORMING STRUCTURE Applicant: John Hodgdon Location: 25830 Birch Bluff Road (Att #9 - Staff Report) 10. C.U.P. - SPECIAL HOME OCCUPATION PERMIT Applicant: Robert Wichterman Location: 5385 St. Albans Bay Road (Att #10 - Staff Report) 11. C.U.P. TO EXPAND A NON-CONFORMING STRUCTURE Applicant: David McCusky Location : 5250 Howards Point Road (Att #11 - Staff Report) 12. SIGN PERMIT REQUEST Applicant: Arnold's Restaurant Location: 19335 State Hwy. 7 (Att #12 - Memo) 13. APPLICATION TO MAINTAIN PRIVATE PROPERTY WITHIN PUBLIC RIGHT- OF-WAY Applicant: James Keefer '.\ Location: 20925 Forest Drive (Att #13 - Application) -2- 4":'.~.- ~ COUNCIL AGENDA JULY 14, 1986 page 3 14. DISCUSSION OF WEDGEWOOD DRIVE REPAIRS \0\\\ -/~ 15. DISCUSSION OF DRAINAGE EASEMENT - EUREKA ROAD 16. DISCUSSION OF SALE OF WEST JUNIOR HIGH BLDG BY MTKA SCHOOLS 17. ATTORNEY'S REPORT A. Alarm Ordinance 3rd Reading (Att #17A - Draft Ord.) B. Vine Hill Furniture Sign - Status Report 18. ENGINEER'S REPORT A. Review of Proj. 86-3 - Shorewood St. Project B. Discussion on Elevated Water Tower - SE Area Water C. 19. PLANNER'S REPORT A. Broms Market - Temporary Structures and Use (Att #19A - Memo) B. Hwy. 7 Corridor Study Design Alternatives (Att #19B - Memo) 20. DISCUSS RENTAL OF PROPERTY AT 5795 COUNTRY CLUB RD. 21. ADMINISTRATIVE REPORT A. Animal Control Contract (Att #21A - Memo and Contract) B. 22. MAYOR'S REPORT A. B. 23. COUNCIL REPORTS A. B. 24. APPROVAL OF CLAIMS AND ADJOURNMENT -3,.. City of Shorewood . Regular Council Meeting Monday, June 23, 1986 elf, r. 1<. 'ljlo~- . '4"'~ Council Chambers 5755 Country Club Road 7:30 P.M. MINUTES CALL TO ORDER The regular meeting of the Shorewood City Council was called to order at 7:30 P.M., Monday, June 23, 1986, in the Council Chambers. PLEDGE OF ALLEGIANCE Mayor Rascop opened the Council meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Stover, Gagne, Haugen and Shaw Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, and Clerk Kennelly Approval of Minutes Stover moved, second by Gagne, to approve the May 22, 1986 Board of Review meeting minutes as written. Motion carried unanimously - 5 ayes. Gagne moved, second by Stover, to approve the June 9, 1986 Reconvening of the Board of RBview minutes-as written. Motion carried unanimously - 5 ayes. Gagne moved, second by Haugen, to approve the minutes of the RegulaT Council meeting of June 9, 1986 as corrected. Motion carried unanimously - 5 ayes. MATTERS FROM THE FLOOR Mr. Robert Reutiman complimented the Public Works Department on the road repairs completed. He also apologized for his comments disagreeing with the neighbors regard- ingthe Haney division approved at the last meeting. Reutiman felt that a public hearing chould have been held prior to deter- mining the plans to correct a drainage problem near the Whetson property on Eureka Road. He felt the easement was located incorrectly and had concerns about a plan for an open ditch near his proposed access to some undeveloped land. Engineer Norton stated that the easement was located as registered at the County. Further clarification will be made. PARK COMMISSION REPORT Commissioner Vogel reported on the plans to build a warming house with an attached roof area provided for picnic tables, a volleyball court, and a tennis backboard. -1- / Council Minutes . June 23, 1986 Page 2 . . PARK COMMISSION REPORT (cont'd) He requested $900 .for the volleyball court installation and $600 for the tennis court backboard. Volleyball court at Manor Park. Backboard at Badger Park. Gagne moved, second by Stover, to approve the expenditure from the park fund as requested and directed Administrator Vogt to supervise the comple- tion of these projects. Motion carried - 5 ayes. Shaw moved, second by Gagne, to obtain proposals on the warming house plans. Motion carried - 5 ayes. Reutiman asked what the City intended to do with the poor fill piled on the Badger football field, he offered free fill from his site near the Sullivan center if the City will pick it up. Vogt stated that Commissioner Jurgens has rock picking equipment to make the dirt usable and additional top soil will be brought in. Shaw moved, second by Gagne, to instruct the Administrator to inform Aspen Excavating Inc. to correct the poor fill or remove it. Motion carried - 5 ayes. Gagne moved, second by Haugen, to instruct the Administrator to inform all department heads and commissions that all final decisions are to be made by the Administrator in the future. Motion carried - 5 ayes. WEDGEWOOD ROAD REPAIRS Jim Dutcher was present to request road repairs on Wedgewood Road and Mallard Lane where he owns and rents out his double bungalows. He would like to sealcoat portions of these roads, as shown on a map he submitted. He has received a bid of $19,000 and would like to be allowed to proceed with the work at this time, pay for it, and then have the City repay his costs. Engineer Norton did not feel that the sealcoating would properly repair the road. He referred to the soil boring tests made by Braun Engineering last year. Attorney Froberg stated that project costs of more than $15,000 require a bid procedure, less than $15,000 requires two quotes. Dutcher felt this could be worked out with his contractor and he would obtain an additional quote. Gagne moved to authorize the expenditure, not to exceed $15,000, in accordance with Dutcher's proposals, Haugen second for discussion. Haugen asked if this money had been budgeted, Vogt stated that it had not been budgeted. After further discussion, the motion carried - 4 ayes to 1 nay (Rascop). , Shaw moved, second by Stover, to have Shaw and Gagne work with staff to obtain necessary bids and agreement. with staff and return for approval. Motion carried. -~ Council Minutes June 23, 1986 Page 3 . . SIGN PERMIT REQUEST - COVINGTON VINE RIDGE A request for a development sign that conforms with Shorewood's regulations has been received for the Covington Vine Ridge project. Shaw moved, second by Gagne, to approve the sign request. Motion carried - 5 ayes. ATTORNEY'S REPORT SECOND READING - ALARM ORDINANCE Council reviewed the second draft of the Ordinance and made additional changes. Haugen would like to review the Ordinance futher at the next meeting. Haugen moved, second by Gagne, to accept the second reading of the Ordinance. Motion carried - 5 ayes. HARBOR LIMITS ORDINANCE ORDINANCE #180 Attorney Froberg reviewed for the Council the changes made from the first draft. . Gagne moved, second by Stover, to accept the second reading of the Ordinance and adopt the Ordinance as presented. Ordinance adopted by Roll Call Vote - 5 ayes. FIRST READING - GARBAGE ORDINANCE Administrator Vogt reviewed the Garbage Ordinance for the Council. Council questioned the use of small trucks, effective date and billing procedures. The use of small trucks could be drawn into the bid specification. Stover supported the billing to be done by the haulers, not the City - Gagne disagreed. Clerk Kennelly explained the proce- dures to add the garbage billing to the current billing system. Haugen moved, second by Gagne, to accept the first reading of this Ordinance and to inform the garbage haulers and residents of the Ordinance - to notify them of the date of the second reading. Motion carried. 4 ayes, 1 nay (Stover). RESOLUTION OF DENIAL - DON SHAFER RESOLUTION #69-86 A Resolution stating the Finding of Fact was submitted for acceptance. This Resolution denied Mr. Shafer's request to install a dock on a piece of property separate from his home dwelling. Haugen moved, second by Gagne, to accept the Resolution of denial as submitted, by Roll Call Vote - 5 ayes. -:J- Council Minutes June 23, 1986 Page 4 . . ENGINEER'S REPORT STATUS REPORT ON THE SHOREWOOD OAKS AND SE AREA WATER PROJECT Engineer Norton has contacted LaTour Construction and asked them if they would accept Project 86-1 only (schedule A bid). Due to the present insecurity of the Shorewood Oaks project (Project 86- 2) because of the developer's illness, this project will not be awarded at this time. Attorney Froberg explained the need for public hearing to be held to accept assessment rolls. Jerry Shannon of Springsted explained the new changes in bonding procedure and recommended that the City bond prior to September 1, 1986. SETTING PUBLIC HEARING FOR PROJECT BONDING RESOLUTION #70-86 Gagne moved, second by Haugen to accept the presented Resolution set- ting the public hearing on July 28, 1986 for the Bond issue. Reso- lution accepted by Roll Call Vote - 5 ayes. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION OF ADVERTISE- MENT FOR BIDS - DEEP WELL PORTION OF THE SE AREA TRUNK WATER SUPPLY AND STORAGE FACILITY RESOLUTION #71-e6 Engineers Norton and Mogan reviewed the plans and for the Deep Well for the SE area. Norton stated tank location has ,not been deinitely determined. to MnDot for approval on their land, but have not review at this time. specifications, that the water He submitted plans completed their Haugen moved, second by Gagne, to accept the plans and specifications as drawn and authorize the advertisement for bids and set bid opening date for Project 86-1B (Deep Well) for July 18, 1986 at 11:30 A.M. at City Hall. Motion carried by Roll Call Vote - 5 ayes. PREPARATION FOR PROPOSED ASSESSMENT FOR THE, SE AREA TRUNK WATER SUPPLY AND STORAGE FACILITY RESOLUTlbN #72-86 Gagne moved, second by Haugen, to have the Council pass a Resolution directing the City Clerk to prepare a proposed assessment on the cost of that local improvement designated for the SE Area Trunk Water Supply and Storage Facility. Motion carried by Roll Call Vote - 5 ayes. . ,", ' WELL OPERATION COMPLAINTS '. Rascop reported on various complaints of no water due to the operat~ons of the Woodhaven and Badger Well systems. Engineer Norton feels . that he can direct Munitech to change to start/stop setting, that may help the problem. There is a high maintenence factor on these wells because of the few connections to these wells that were designed .t.; . COUNCIL MINUTES JUNE 23, 1986 Page 5 . . WELL OPERATION COMPLAINTS (continued) to accomodate many more connections. Norton and Polston will review and respond to citizen complaints. PLANNER REPORTS TINGEWOOD STATUS REPORT Jim Harsen and Robert ERickson were present to request the reinstate- ment of the P.U.D. zoning for the Tingewood project. Planner Nielsen reviewed the twelve items requested by the City to be completed prior to issuance of the PUD status. Most of the items have been completed, and he will be meeting with them regarding the erosion control. Mr. Harsen explained a new phasing plan, the present satisfaction of lien from Schoell and Madsen, and that the title problems were in the process of being completed. Staff will draw up a new development agreement for signature. The PUD will be reinstated after our Attorney receives a copy of the torrens proceeding document and the new development contract has been signed. "NO PARKING" AND LIMITED PARKING ZONES Parking by permit versus no parking or limited parking was discussed regarding the area around the new Christmas Lake public access., An Ordinance was presented that will allow for the issuance of parking permits by Resolution from time to time. Haugen moved, second by Gagne, to waive the second reading of the Ordinance and adopt it as presented. Motion carried by Roll Call Vote - 5 ayes. REGULATION OF PARKING AREAS RESOLUTION #73-86 Shaw moved, second by Gagne, to install "no parking" signs on the west side of Christmas Lake Rd; no parking on east side of Christmas Lake Road with the exception of issuance of one parking by permit only; and request the State to post no parking signs along both sides of their portion of Radisson Inn Road, to post Radisson Inn Road on both sides from the MnDOT right-of-way to Radis,son Entrance and on,both sides of Third Avenue to the Excelsior 'Boundry. Motion carried by Roll Call Vote - 5 ayes. ZONING'CLARIFICATION - 5680 CHRISTMAS LAKE ROAD A request from Mr. Arneson was received asking the City to pass a Rasolution to insure a loaning institution security of rebuilding; on non-conforming lots if the structures are damged more than 50%.' Council directed the Administrator to write a letter pertaining to this lot specifically, assuring them that "historically" variances are granted to rebuild. This letter will be signed by the Mayor. -5- COUNCIL MINUTES JUNE 23, 1986 Page 6 . . SEWER AND WATER EXTENSION -5795 COVINGTON ROAD A request from Colleen Bellamy of 5795 Covington Road for extensions to be provided for her property so sh~ can hook up to sanitary sewer and municipal water. Rascop moved, second by Gagne to approve the connections. Engineer Norton is to best determine the location of these connections, with total water extension costs to be paid for by Bellamy. Motion carried - 5 ayes. NEAR MOUNTAIN REQUEST TO ASSIGN ASSESSMENT PER PHASE ~\ Mike~flaum requested that the equalization of assessments be certified as each phase is developed instead of the full assessment charged now. Rascop wants the full proposed units charged, ,not decreased if development is reduced. {,rjd;', (il'\C-lce'.-i Q:...".pp~l~<-4> ~c~'-:r".. Shaw moved, second by Gagne, to instruct the staff to adjust the development contract to reflect the phasing method. Motion carried 5 ayes, Council to be notified of changes in each phase. ADMINISTRATIVE REPORT BUDGET PROCEDURES Memo will be discussed at future meeting. MDIF CONTRIBUTION Rascop moved, second by Gagne, to allocate to the City of Chanhassen $500 to the hiring of John Boland and Associates to update the Metro Development and Investment Framework. Motion carried - 5 ayes. BEVERLY DR. AND CAJED LANE STREET REPAIRS Gagne moved, second by Stover, to instruct the public works department to put a 3" mat, as needed, at the intersection of Beverly Dr. and Cajed Lane, at an estimated cost of $2,400.00. Motion carried - 5 ayes. CORRIDOR STUDY STATUS REPORT The Excelsior Chamber would like support to insure the contrinuance of a ramp into Excelsior off of Hwy. 7. Shw suggested a-ramp east bound from Mill St. The next corridor study meeting wil~be held at 7:00 P.M. on July 16, 1986. EMPLOYEE POLICY The employee policy manual has been revised and will be submitted'. to the Council for review. -6- COUNCIL MINUTES JUNE 23, 1986 Page 7 . . NEW CITY BLDG. USE The Council will allow the current renter to remain in the newly acquired building until the lease has been determined. SAFETY LIGHTS FOR CITY HALL STEPS An estimate of $613 has been received to install safety lights fot the front steps at City Hall. Gagne moved, second by Rascop, to approve the expenditure of $613 to install the lights on a lower post than proposed. Motion carried - 5 ayes. MAYOR'S REPORT POLICE CONTRACT The new Police contract is in the final stages of completion and will be submitted to the cities for signature. L.M.C.D. A regional park has been proposed in the Smithrown Bay area. The L.M.C.D. will be asking for a taxing authority. COUNCIL REPORT COMPLAINT ON STATE PARK MAINTENENCE Complaints have been received and transmitted to the State Highway Department on the uncut grass on the park property alon Hwy. 7. ANNEXATION OF PROPERTY Shaw informed the Council of a proposed request from a developer to annex property located on the south side of Hwy. 7 at Hwy 41. Rascop had the Attorney explain what was needed to annex land. A formal request has not been received at this time. LEAGUE OF MN CITIES CONFERENCE Haugen will be attending the League Conference in Duluth. REQUEST FOR CITY LAPEL PINS Haugen asked for approval to have the City order 1000 Lapel Pins representing the city logo. These pins wiLl be sold to cover the costs. Council agreed on this purchase. APPROVAL OF CLAIMS AND ADJOURNMENT Rascop moved,. second by Haugen to ~djourn the June 23, 1986 Council meeting at 12:43 A.M. subject to approval of claim. Motion carried unanimously - 5 ayes. -7- COUNCIL MINUTES . JUNE 23, 1986 Page 8 . . APPROVAL OF CLAIMS AND ADJOURNMENT (continued) General Fund - Acct. #00166-02 Checks #32150-32232 = 129,447.97 Checks #200363-200377 = 7,497.63 Checks #200392-200405 = 7.856.24 $144, eol. e4 Liquor Fund - Acct. #00174-02 Checks #4711-4737 45,013.17 Checks #200378-200391 = 2,615.57 Checks #200406-200419 = 2,622.75 $ 50,251. 49 RESPECTFULLY SUBMITTED Sandra L. Kennelly City Clerk Mayor Rascop SLK:em ,j -8- .. ~ CHECK NO 32150 32151 32152 32153 32154 32155 32156 32157 32158 32159 32160 32161 32162 32163 32164 32165 32166 32167 32168 32169 32170 32171 32172 32173 32174 32175 32176 32177 32178 32179 32180 32181 32182 32183 32184 32185 32186 32187 32188 32189 32190 32191 32192 32193 32194 32195 32196 32197 32198 32199 32200 . . GENERAL FUND - BILLS PAID SINCE JUNE 18, 1986 TO WHOM PAID Com. of Revenue Ro if Erickson Hennepin County Treasurer Registrar Sandra Kennelly Evelyn Beck Metro Waste Control Henn. City Dept of Prop.Tax Void Acorn Services A.G. Electric Amex Armour Security Inc. Associated Asphalt, Inc. AT&T Consumer Products AT&T Information Systems Baker Electric Bob's Personal Coffee Carmichiel Auto Parts City of Excelsior Void D.R. Copier Doyle Lock Supply Excelsior Florist Government Fin. Off. Assn. Hennepin City Treasurer Labor Relations Lano Equipment Co. Mahoney Home Services H.C. Mayer & Sons Metro Waste Control Midwest Asphalt Corp. Minneapolis Star and Trib. Minn. Suburban News Minnegasco Northwestern Bell NSP Robert Rascop S. Lake Minnetonka PSD Waste Management - Savage Warners True Value S. Lake Minnetonka PSD Void Patrici~R. Helgesen The,~innetonka Bank Com. of Revenue Phy~icians Health Plan Minnesota Mutual Life Ziegler Tire Service Minnesota State Treasurer The Management Center PURPOSE ~ of June'86 Est. Sales Tax June 1986 Assessing Fee Fi ling Fee MCFOA Conference - Sue Niccum Mileage - April and June Mileage - May and June March-May SAC Charges Postal Verifications Void White Copy Paper Service call Spring Clean-up Service Door - City Hall Road Mix Telephone Service - Public Wks Telephone Service - City Hall Service lights Coffee, Tea, Towels Radio - Public Works 3rd Quarter '86 Fire Cont. Void Toner Schlage Lock Flowers for Beck, Helgesen Membership dues Prisoners Expense - May '86 Union Discussions Rental of Bobcat Weed spraying Regular Gas Sewer Service Charges, July'86 Road Mix Help wanted Ad Help wanted Ad Utilities Telephone Service Traffic Lights, etc. Meal Expense - Council July, 1986 Budget Garbage Removal - June '86 Paint and Brushes April Booking Fee Void 64 hrs 6/21/86 payroll - FWH 6/21/86 Payroll - SWH July '86 Employ. Health Ins~ Employ. Life Ins. - July '86 Repair Tires on Loader Building Permit Surcharge Seminar - Dan Vogt -1- AMOUNT $ 23.00 1,566.66 13.00 235.00 17.01 58.61 4,232.25 8.96 -0- 87.00 30.00 800.00 56.20 2,693.70 17.40 23.25 68.76 94.15 10.00 11,265.50 -0- 72.00 88.20 48.40 70.00 1,016.00 81. 25 1,500.00 2,390.00 1,542.08 18,660.77 578.14 64.80 40.95 73.10 471. 54 1,529.18 11 0 . 00 23,937.82 74.00 155.65 64.21 -0- 442.12 1,551.76 695.44 2,321.77 169.39 184.70 1,138.19 175.00 CHECK NO 32201 32202 32203 32204 32205 32206 32207 32208 32209 32210 32211 32212 32213 32214 32215 32216 32217 32218 32219 32220 32221 32222 32223 32224 32225 32226 32227 32228 32229 32230 32231 32232 . . GENERAL FUND - BILLS PAID SINCE JUNE 18, 1986 TO WHOM PAID Kelly Services Com. of Revenue City of Mound City of Minnetonka ICMA Retirement Corp. City-Country Credit Union Dept of Employee Relations PERA State Trea~surer Robert Rascop Jan Haugen Tad Shaw Robert Gagne Kristi Stover City of Excelsior Edina Realty, Inc. Alan Yelsey GFOA Career Develop. Ctr. State Agency Revol. Fund City of Chanhassen Child Support Enforc. City-County Credit Union ICMA Retirement Corp. State Treas. - Soc Sec Public Empl. Retirement The Bank Excelsior Commissioner of Revenue D.O.E.R.-S.S. RET. DIV. AFSCME Local #224 Evelyn T. Beck Metropolitan Waste Comm. Minnesota State Treasurer PAYROLL CHECK LIST PURPOSE Temporary Help May, 1986 Fuel Tax 3rd Quarter, '86 Fire Contract 2nd Quarter '86 Water 'Purchase 6/21/86 Payroll ICMA 6/21/86 Payroll - Credit Union 6/21/86 Payroll - Medicare 6/21/86 Payroll - PERA 6/21/86 Payroll - FICA July, 1986 Mayor's Salary July, 1986 Council Salary " " " " " " " " " " " " Water Connection Down Payment Reimb. Simple Subd/Lot Width Var. Seminar - Aug. 25 thru 28th City Share of Soc Sec Admin. Costs Consultant Fee - MDIF Income Withholding 7/5/86 Payroll - Credit Union 7/5/86 Payroll - ICMA 7/5/86 Payroll - FICA 7/5/86 Payroll - PERA 7/5/86 Payroll - FWH 7/5/86 Payroll - SWH 7/5/86 Payroll - Medicare 7/5/86 Payroll - Union Dues Mileage 6/25/86 thru 7/8/86 June, 1986 SAC Charges 2nd Qtr. B1dg Permit Surcharges SUBTOTAL AMOUNT $ 407.00 12.61 956.63 552.47 263.00 32.00 3.94 1,109.64 1,923.32 150.00 100.00 100.00 100.00 100.00 450.00 25,082.90 210.96 385.00 21.80 500.00 281.00 32.00 263.00 1,963.16 1,110.24 1,551.22 697.45 4.32 68.70 32.76 8,934.75 1,501.19 129,447.97 . . GENERAL FUND - BILLS PAID SINCE JUNE 18, 1986 CHECK NO TO WHOM PAID PURPOSE AMOUNT 200394 Sandra L. Kennelly 80 hrs $ 611.49 200395 Susan A. Niccum 80 hrs 450.44 200396 Evelyn T. Beck 80 hrs 752.12 200397 Kathleen G. Schwankl 80 hrs Regular/l1.5 O.T. 576.03 200398 Bradley J. Nielsen 80 hrs 747.78 200399 Patricia R. Helgesen 64.4 hrs 436.18 200400 Charles S. Davis 80 hrs 387.39 200401 Dennis D. Johnson 82 hrs 594.05 200402 Daniel J. Randall 80 hrE Regular/2 O.T. 600.29 200403 Howard Stark 82 hrs 532.86 200404 Ralph A. Wehle 80 hrs 505.57 200405 Donald E. Zdrazil 80 hrs 780.17 SUBTOTAL $ 15,353.87 TOTAL $144,801.84 - 3 - CHECK NO 4711 4712 4713 4714 4715 4716 4717 4718 4719 4720 4721 4722 4723 4724 4725 4726 4727 4728 4729 4730 4731 4732 4733 4734 4735 4736 4737 . . LIQUOR FUND - BILLS PAID SINCE JUNE 18, 1986 TO WHOM PAID Com. of Revenue Physicians Health Plan Minnesota Mutual Life Ins. AT&T Consumer Products BellBoy Corporation Coca-Cola Bottling Eagle Distributing Griggs, Cooper & Co. Intercontinental Pack. Johnson Brothers Jude Candy & Tobacco Minnesota Bar Supply, Inc. Minnesota Suburban News Northwestern Bell NSP Ed. Phillips & Sons Co. Prior Wine Co. Quality Wine & Spirits Twin City Wine Co. Sparkling Lines Waste Management-Savage Ryan Properties, Inc. Harry Niemela City of Shorewood Public Employ. Retir~ment City of Shorewood Russell R. Marron PAYROLL CHECK LIST 200378 200379 200380 200381 200382 200383 200384 200385 200386 200387 200388 200389 200390 200391 200406 200407 200408 200409 Russell R. Marron Robert F. Nash Christopher Schmid Donald Tharalson Stephen H. Thies John F. Thompson John F. Josephson William F. Josephson Susan M. Latterner Steven D. Maeger Christopher J. Meyer Dean H. Young Joel S. Bovee Timothy J. Stevens Russell R. Marron Robert F. Nash Christopher Schmid Stephen H. Thies PURPOSE AMOUNT May '86 Sales Tax July, '86 Employee Health Ins. July '86 Employee Life Ins. Telephone Service Liquor Purchases Pop Purchases Liquor Purchases Liquor Purchases Wine Purchases Wine Purchases Cigarette Purchases Misc Purchases Advertising Telephone Service Utilities Wine Purchases Wine Purchases Wine Purchases Wine Purchases Service Beer Taps Garbage Removal July, 1986 Rent July Rent, Store I Payro 11 Interest on Delinq. Payments Reimb. for 7/5/86 payroll Mileage June, 1986 SUBTOTAL 11,076.77 310.64 35.29 30.95 2,786.78 575.25 7,622.72 3,022.76 620.92 3,544.55 1,289.17 153.90 138.24 136.13 553.09 1,116.03 976.51 436.03 900.42 30.00 104.00 1,765.00 882.50 3,463.79 5.00 3,417.83 18.90 $ 45,013.17 80 hrs 19 hrs 38.5 hrs 20 hrs 24 hrs 15.5 hrs 19 hrs 80 hrs 41 hrs 70 hrs 70 hrs 80 hrs 13.5 hrs 17 hrs 80 hrs 36.5 hrs 41. 5 hrs 26 hrs 438.03 86.45 138.24 89.49 100.77 70.53 79.39 487.50 151. 85 284.18 123.88 432.63 61.43 71. 20 438.03 166.08 148.14 108.48 - 1 - \ MEMORANDUM . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMIN ISTRA TOR Daniel J; Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 25 JUNE 1986 FILE NO.: 405 (86.19) RE: ZELLER, VERN - C.U.P. - EXPANSION OF A NONCONFORMING STRUCTURE I BACKGROUND Mr. Vern Zeller has requested a building permit to add a three-season porch to the rear of his house, located at 5060 Shady Island Point (see Site Location map - Exhibit A, attached). Since Mr. Zeller's house is only seven feet from the side lot line, and the side yard requirement for lakeshore lots is 20 feet, the house exists as a nonconforming structure. As such, any expansion of the structure requires a conditional use permit. As can be seen on Exhibit B the proposed 20' x 22' porch will be approximately 23 feet from the side lot line and over 160 feet from the street right-of-way. ANALYSIS/RECOMMENDATION k Section 200.03 Subd. 1k. of the Shorewood Zoning Ordinance allows nonconforming single-family residential structures to be expanded subject to several conditions. Following is how the applicant's request complies with the Ordinance: 1. The proposed expansion does not increase the nonconformity of the house. The porch itself complies with the setback requirements of the R-1B zoning district as well as the requirements of the S (Shoreland) district. 2. The proposed addition does not result in the total floor area of structures exceeding 30 percent of the area of the lot. 0 3. The porch is not considered to adversely affect the aesthetics or character of the adjacent property. A Residential Community on Lake Minnetonka's South Shore 5" 'It . ...#~. . ".4IIIt ,-it . .' " .' .' " .' .' .' , ,. ~. " ~~ .1 ~~ o o o ~ \oJ a: o :r en lL o >- .... u Exhibit A SITE LOCATION Zeller C.U.P. . . L .......-'-~~.~: "-.. ~ : \. :~, " '. '. . .~tr""-"-' .' . .'." V~..: . !'.: :....:.:.~..::.L;. '. : .,... r- ..... . ..... o. , .... ). . .* , '.. . ~ . " . .' ) r..: : ':~' <,,: . 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" ~ -.:.,~ .. .,~ .~ - l~':' ,:!}.: ;:.. ... .j .... , , . <~ 'i"C"" I~~ ~~'.>:'i~.:. .~.'-':" t ' . .... .' ...... ,Oto ~ .!.:. . . , ;. ; '.. .;.1 ' ~ .. :. ~ ::' ,.' '.. .' . :{?'),'~ ~." "'~':..,. , .,......:. 10 . '. ...,.... " ~.~:~, ;..\:. . . ~ '*'..,.. ...~, +..,.. ~ ~.... . . .. '. "--' .. .. A- " . . . . \Qt;;) ~ J... I .... . :.... . . -",,-- D . "-. TOt~r: D ""- C. '. to' .. .. ... : " Certificate rr Survej. I 11~r(lby e~rt1r;y that. t.~1f: is tl t.roo and correct. l'tsnTft5cn1..atiC"n of a GUTVOY (if the l>(l\U1tlttrjes or, ~Jt I. end t.11c 1:' rthl\J!:vr~. g feet or ~t 5, mlDdy Iohnd. It doec rot rm'?C'rt. tc. ohoy improvc:nentr. 01" ent!To:1ch- J'2Ontti othor tl.an an eAi6ti~ hOU;Je. b6e~- L-md 3urvo:,.c.r l1.~d flunner Long Lako, ~inllosotn .4 . . . . . . . .... t _~ ; ~ Exhibit B SITE PLAN . ;.. ~- ............~ ~ I . eEl -- ~- ~ -----'"'- ~- ......... ./'-.~ '--- _.~ ~-- ~ ~ L::J t< j' . j J ) ~ ~ ) ) j J \. ~ .!' ~ ~ ~ ~ '" ~ ~ I ,7\ .... -.. ~2 \ J I ) j i v l- : .. l- ;. " .. ... ... J . ( )\ h. r.<--4 ~ i i I I .... ..... Ai ~ rl . I i , \ ! I ~ i: 3 or 'l ,: . '! \1\. '~ 1 ... > IU P of> .~ .~ ~ ~ "" ,~ .r It. . ".:l t~ :r>1;::' ~ '" tJ]!~ " .-.) ~ l"') " ~ - JI....~ :1 r- aj -1- - -- ~ .~ ~A .,. .... ~l~ ~ ... t.... Exhibit C BUILDING SKETCHES MEMORANDUM TO: FROM: DATE: RE: BACKGROUND . . CITY OF SHOREWOOD MAYOR Robert Raseop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 27 JUNE 1986 ECKSTROM, ROBERT - SETBACK VARIANCES Mr. Robert Eckstrom proposes to build houses on Lot 1, Block 1 and Lot 1, Block 2, Oak Ridge Estates 2nd Addition - 26575 and 26525 Edgewood Road, r~spectively (see Site Location map - Exhibit A, attached). He has requested front yard setback variances which would allow him to line the houses up with other existing structures on Edgewood Road. The property is zoned R-1A, Single-Family Residential, which requires a 50 foot front yard setback. As shown on Exhibit B, he has requested a 14-foot variance which would locate the buildings 36+' from the street r.o.w. ANALYSIS/RECOMMENDATION The applicant's request is consistent with Section 200.03 Subd. 3d. of the Shorewood Zoning Ordinance, which provides for a reduced setback where ad- joining structures are closer to the street than the Ordinance allows. The first house to the east of the subject property is located 36.2 feet from the Edgewood Road r.o.w.. The house to the west is 32.2 feet from the r.o.w.. It is important to realize that the r.o.w. in front of the westerly house is considerable narrower than the r.o.w. in front of the subject sites. If the r.o.w. was 50 feet wide in that location, the house would only be seven feet from the lot line. Exhibit B illustrates the required 50fuot setback and the average setback line of the existing buildings. As can be seen, both of the proposed buildings are further back than the average setback line. For the easterly lot in question, the setback variance is further justified by the presence of low ground and suspect soil conditions. ',4 Our office has discussed the variance request with one of the adjoining neighbors. While he feels it is reasonable to line up the proposed build- ings with existing houses, he is concerned about drainage. According to him thereis a culvert under Edgewood Road which carries water from the north side to the wetland area south of the suject property. The culvert is located at approximately the center of the easterly lot. The neighbor is concerned A Residential Community on Lake Minnetonka's South Shore G . l-o.~ MinndOf\"~ DGEWOOD RD. t I I , 1 I I I I fr'o ~t (" , I EASTGATE I ci a= CIR. - ... Not't '" \ ., c: A-eo ' A> I I I 1 I I I I I I I I I I I I I I I I I N I Z W I a= I 0 -----:..J ~ Z <t a= C> 'o"" SMITHT.OWN Exhibit A SITE LOCATION Eckstrom - Setback Variances ~'~'I'" Ayer..lIt4(l, ~t bAdc. N ~ ~fJ Edg~wood ----.. - - --;::"1 ~. :';- 7-'.1 :.., : ~ .:" ._ 1180.53'''' :"'" , ,zB,;- o:?,o,h'J, J9b.c~ __ ... : . d~/Q~ "4'''_'~ ~J"$N4f A~"v~ H~MS~ \ lihe. ;,. . .. 1/\ 'l" '" ) ---/ \ '--- Edge wood 7?'oad /19.77' 1t!(JjJ(J' C~rtificate of Survey for . \ Edward L. Eckstrom of Lot 1, Block 2, OAK RIDGE ESTATES SECOND Hennepin County, Minnesota ';., ~~vi y ~ ~ ~ . ;4.~ 4 .. ~,J., E"i.rr/;'~ /I'#k./'t: ~ ~ but I hereby certify that this is a true and carre sentation of a survey of the boundaries of Lot OAK RIDGE ESTATES SECOND ADDITION. It does not show any improvements or encroachments. tflt>:l HX t-3::r' t>:l t-'. CT' tfl t-'. C:::rt :;tltll < t>:ltd >-<: ~ ~ ~ \. ~ ~ .... ~ ";;: COFFIN & GRONBERG, INC. 'I v Mark S. Gronberg MN. Lie. No. 12755 Gordon R. Coffin MN. Lie. No. 6064 Engineers, Land Surveyors, Planners . Long Lake, Minnesota -i Scale: 1 inch = S9 feet Date ': April 30, 1986J S-28-1& o Iron marker ... ~~ . . CITY OF SHOREWOOD MAYOR Robert Raseop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CL.lJS ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 27 JUNE 1986 RE: WESTBY, JAMES - C.U.P. AND VARIANCE - ACCESSORY SPACE IN EXCESS OF 1,000 SQUARE FEET FILE NO.: 405 (86.21) BACKGROUND Mr. James Westby has requested a building permit to construct a 12' x 24' storage shed on his property, located at 27020 West 62nd St. (see Site Location map - Exhibit A, attached). The proposed building results in the total amount of accessory building area on the property exceeding 1,000 square feet. Section 200.03Subd. 2d. of the Shorewood Zoning Ordinance requires a conditional use permit for anything over 1,000 square feet. Since the total area of accessory space on the site will be greater than the first floor area ("footprint") of the principal structure, Mr. Westby has requested a variance. A> The property in question is zoned R-1A, Single-Family Residential, measures 163' x 650' and contains approximately 2.4 acres. Mr. Westby owns a similar vacant lot immediately west of the subject site. Based upon information supplied by the applicant' (see Exhibit B), the property contains the following accessory structures: 1. barn: 18' x 35' = 630 square feet 2. shed: 8' x 10' 80 3. attached garage: 22' x 24' = 528 4. proposed barn: 12' x 24' 288 total 1526 square feet " " " " " " "t The footpri~t of the existing house measures approximately 30' x 35' and contains 1,050 square feet of area. A Residential Community on Lake Minnetonka's South Shore 7 ~ . ~ . Re: Westby, James - C.U.P/Variance 27 June 1986 ANALYSIS/RECOMMENDATION When the current Zoning Ordinance was being studied, one of the objectives of the Ordinance was to establish regulations pertaining to the number and size of. accessory buildings, particularly in residential areas. It was determined that some sort of ratio should be established between the size of accessory buildings, lot size and principal structure size. The formula which was arrived at was that the total area of accessory buildings should not exceed 10 percent of the mimimum lot size for the zoning district in which the property is located (in this case that would be 4,000 square feet), nor should it exceed the foot- print size of the principal building. As with all large lots, Mr. Westby has no problem with the accessory structure to lot area ratio. He is nearly 500 square feet over the size of the principal structure, however. While he explains his need for the additional space in his request letter (see Exhibit C), he fails to demonstrate hardship. Two of the primary tests for variances are: 1) that the circumstances of the variance can not be the result of actions of the applicant; and 2) the variance will not confer any spe~ial privilege on the applicant which is denied to other property owners in the same zoning district. Relative to the latter of those two items, some precedence has already been established relative to accessory space. A few years ago the City denied a request by Floyd Larson for a large storage building on Oak Ridge Circle. More recently, Mr. Delbert Hennessey was required to reduce the size of his proposed storage shed. In view of the preceding, a variance is not considered justifiable or appropriate in this case. If, however, the request is considered to be reasonable, it is recommended that the Zoning Ordinance be changed so that it applies equally to everyone. N BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton James Westby ..~ - 2 - . . SMITH .-'. .. Nort" t "::,~' RD. ~ o BEVERLY DR. .. :':'.- :.;.;.:.;.:.;.; .;.;.: .:.:.:.:.:.:.:. ....... .............. ::.::." ;.' .:::::; . .......... ":::" .:::::::::: :.;.;.:...;.;.;.:.:.;.: ::;:::::::::::::::;:::::: ';';':':';':';':':':':';'. :~~~~~~~~~~~~~m;~~t~ .;.;.;.:.;.;.;.;.:.:.;.:. :.;.;.;.:.:.:.:.;.:.;.:.; :.:.;.:.;.;.;.;.:.:.:.;.: ;.:.;.;.;.:.:.;.:.;.;.;.; :;:;:;:::;:;:::;:::::::;: ;.;.;.;.;.;.:.;.;.;.;.;.: .;.:.:.;.;.;.;.:.;.;.;.:. ;:;:;:;:;:;:::::;:;:;:::; ::;:::;:;:;:;:::;:::::::; .;.:.;.;.:.;.:.;.:.;.;.;. .......................... ::::;:::;:;:;::::::::::::: ;:::::::::::;:;:::;:::;:: .;.;.;.;.;.;.;.:.;.:.;.;. ;:;:;:;:::::;:::;:::::::: ......................... .:.:.:.;.:.:.:.;.:.;.;.:. l- e::: ~ I ~ U ~ (. g .:[ :u , o ::0 .. ~U1f ~t- ~ ?"t VICTORIA " C" VIRGINIA Exhibit A SITE LOCATION Westby _.C.U.P. and Varianc~ . :~ " . f ~ ~ 1 (f '<r) ~ ~ ~ --0 ~ ...0 .p 1 -\; \) '" .... ~ -S'.; t. 6") ~ ~ c ~ ..., ....... . . - e~ :...... s~ '. '1j ~ .... . '~ ~ .- .... .- ". : ". "'.- "', '-'\ .')( ... a .....~ tf'...I'! ~ ~ ",; ') 'ct. ...r , .t ~ fv l\ I .1 .-... .. ~, ~~ ~ .-0.. e " . , 00.: ~ ..... .... ~ .... . ~ ~ .... . t .. .0 " ~ ,~ \0 J; ~ " 0 " 0\ ~ '.. ~ ..... -- to, , ~ f'l. "" 0- (;:) ~ a'- .. I . . . . . ~ I L 7..()F.h.~1V :',~) . , ..J 'r I I --- . -, - ~, ~ .'. . ...... -:..",,'.';! . ... "t,' ,.... ,:' .. ..:.... " ~";. :. .~;;~ c I . , . . \1.. . ~.~. ,', I 3; : .s., . . I./) I 't." I ;. -,:-: ;:ii.~~:~ . ~ ".l'~'~':'-"'-"'Y~~1;.. _ I.' . '_7'""~ "l. ,~-' Exhibit B SITE PLAN . ~Page 2 . . We currently have 4.7 acres of land, most of it open. We have two horses and two ponies stabled on the property with a valid city permit. The barn space we currently have is required by city ordinance for shelter for the animals. The remainder is used for hay storage. We ~ave 4 vehicles, one a business vehicle, that is garaged on the property. Becuase of the size of the property, WE also require a number of yard and farm impliments to maintain the property. ~'-e m ve no storagE Sp2 ce for the additional vehicles nor for t 1"e impliment:=: including tra ctors. Because of t he pos.:t'ion of the house near the property line, we are unable to build and addition to the current garaee. 1;.:e would like to request tht vie be allowed to build an. additional storage shed thttwould blend with the semi-rural environment in this area of shorewmod. I have enclosed some photos of similar structures on our street. I ~ave 21so enclosed some photos of our house, current b~rB and a s8all storage shed on our property. We plan to bring a video of other property in the shorewood area with farm buildings, barBs, Etc. that may supnort our request for a v~riance. Thank you for your consideration. in~e~e~ Jim ~~ . J S W EST b '( .....,-\1,W~T~ . ..' \.' " .~,;:~~.~~~ ~70 '. 0 III 62 ST "..., r. t:..., I, _tJD . :\:<1, r:: 'J r-'-:, c:' (\ (); 'f ,'iI ~ l".LL,)I.",., Mk 5533f~ "" JO t.) Exhi bit C APPLICANT'S REQUEST LETTEP . . f- UJ .-J ~ 0 0 CD Z ~ <:> VI - Lu t; ~ ::::7 u.. (() 0;:) ~ ;i I '.i f- ~ :2 F--.D L: Q - - III C :3 :t H "2 . uJ a:. lJl :3 ~Vl5t 9- ai s , ~ . ~~ ~' .,,9 tJI;- .c::S :JeD " V) 00 C9S ~ t o I <9 !C ~ = ... 0 . ~ \Jill o III :4 ~ ~ i tit 0 l&I Z c.J s ... III f- ... a .- ~. ~~ ~ ~ ~~ ~ III ... (f) ... t z III =- t- '" ... en ;: t- o III o o 4( III CD o ... '" H '" '.. !i 3lL OU. ~H ~ @b ~ tf0 ~. ."~W .:',~'.",,'." N :;", . ".: :'. V) .:},:::::":'..: ~ 'it:.. -;;;.~:;.::-:: ~: .~~~:~:. :;:.:~~':~::~-:~ :..!;,~~\ ~:. --.. ,;,:!(,:}:\:~<'(.:'.:;;i:r,::;::i;:;;S~': ..':' .. 0::: /~'.~/;~~j~:'~li~'~~':":'-::~~~::;'~.'\' . ~.., I ':'."' L.L. ,.:.,'-<>.;'1'.:.;.;;:::;;.:......,.:.. '1:'.'::.. <i. :.......,',: ~ 2 c:i Cd CI) ::s ~ CD o , '" 'J x< o I~ u:J: t;i ic ...'" s: .f- CJ ~Q ~III .~ i~ ~ ";: c .C"C ~ . ~o 0.., Q ,.. g ~. :.~ ~o a.'-J ~ V~ @) ~ ~ ~ ~ ~ Q1iI , 'I- x:z: t-\D Q- -w 3:I: @ ! - :I: \It ~ @ ~ ~ S ~~ ~ eJ .~~~ ~ f~~~~~ .i .. 1 j @ . 1 "" 1 I I J PI .~ : 0 =0 oc.., CD! 9f Ii ilia ,:,Gi ~I ~~ .a. . . Ci=a w.LR >...~ Swat a:~~ EZ_~ ~~D !ll0lr~ o- s ~ _... u-~ (f)~ ~.a 6ij ~g,e ~t;- ~O!!! ~~!: c....... s:S~ .......a'. -0 . B . 4l !t I S o ~ rt t 1 I I I I j N $I f I j - ., eI Z is in t- el) ~ ... , ::cG 1-'" tiI ...- 5~ ~.... III'" :! 8~ :.- ~g . CI 93 ~ -. I Q ~ t ~; i a:eit ~ l ~la e .. is q) ... z ;:;: 8 - .. t a ;; Exhibit D PROPOSED BUILDING ,',,'.;,'tt.; ,',;;' ,,~ . . ',t Douglas & Bonnie Shoutz 6130 Cathcart Drive Shorewood, Mn. 55331 June 23, 1986 Shorewood City Council Shorewood, Mn. 55331 Re: "The east 1fi3 feet of Lot 3, Minnewashta Acres" P.I.N. 32-117-23-33-0030 James Westby To Whom it May Concern: I James Westqy has about five acres of land adjacent to ours. The buildings he has on the land at the present time are nice looking and well-kept. I see nothing wrong with his c struction of another b' ing on his land. ,. 1~1. Exhibit E LETTER FROM NEIGHBOR . . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: FROM: DATE: RE: FILE NO. PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 24 JUNE 1986 NISKA, JAN - PROPOSED LOT DIVISION/COMBINATION 405 (86.22) BACKGROUND Mr~ Jan Niska has requested approval of a simple subdivision to divide off approximately the north 14,000 square feet of his property located at 4720 West Lane (see Site Location map - Exhibit A, attached). The purpose of the division (illustrated on Exhibit B) is to convey the resulting parcel to Mr. Tom Bodin, the owner of the property to the north. Both the Niska and Bodin properties are zoned R-1A, Single-family Residential. The Niska property contains approximately 80,425 square feet of area, which includes 11,100 square feet of designated wetland area (see Exhibit C, attached). The Bodin property contains approximately 16,675 square feet of area. If the division is approved, the resulting lot sizes would be as follows: Niska - 55,325 square feet; Bodin - 30,675 square feet. ANALYSIS/RECOMMENDATION The proposed division/combination is consistant with the requirements of the Shorewood Zoning Ordinance. The Niska property, even with the designated wetland area exceeds the requirements of the R-1A zoning district for lot area and width, as well as building setback requirements. The additional 14,000 square feet to be conveyed to Mr. Bodin greatly .enhances his property. Currently the lot does not meet even 70% of the buildable area requirement needed for a buildable lot (see Section 200.03 Subd. 20(3)). In view of the preceding it is recommended that the division/combination be approved subject to the following: 1. The applicant must provide surveys and new legal descriptions for the reconfigured lots. 2. The limi ts. survey for the Niska property must show the designated wetland area A conservation easement must be provided over the wetland area. A Res;dent;al Commun;tv on Lake M;nnetonka's South Shore 't ~ Not'th , ":400' Exhibit A SITE LOCATION Niska - simple subdivision/combination ! . .... B () - · _.~ 5 I ~ I~ '-l _..._ . .__z ,~. 7 le~ /;0 . b L--\V'./ ///0/ () /4 '1 ~ "",yth I 1":: 100 ,.,-- \'lo t- :. 'f) J) , · ,~ '-' .~..' I , I I , I 0'-" i .t'\ 1 ~ i'. t . .I? J rY'l>~t 'I - I ..;.(" \, ~tj~~~J J,i",? ~ Ii l ,. ,iT' . ....--. ~ !. i. . 7 . \;/ /,' \. .: ~ N 'I' } \'~ i,.- ~ \ \. "f'" ~i?1(4 -. - -. 18 fr"f'Lyt ~ , o\} 385..0 -z..Z 5.0 -----.. .. 0062.5'.0 ;3 (,.., CJ{!. <...:) - --... 'J.) ~J -" . .~~:~. ,') ") ~ l ,.~ '- (~_.. ' I""..... # .'co ~ , " ,.-).i. ,. t .' -;.1) . ~: ~-;., -- . c:: - ........ r'.() ....... tr) t~ ~ U) ~ ~ 0, \'l 4'\ \0 ~ 20 'CS' . "'it {.... I \. \J \.n '0 . . Cr: f'J N \.(, \r--., ~ ~ '1:~ . 277. \0\ ~) """~ .. ~~ .- - ~ r-. , . .. ~C.I' Z 4. ,.. : '.-. ; . ..... -.. I'f-, I r-v... t----------..... I "'"" f'4', " , .J Exhibit B PROPOSED DIVISION I l~il;~~_-=-~' D(~~~~~~~:J. 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'" ~ --' .-0)/ <-.. ., ~ ~~~'-<>~ ";;.;))) ,);1' . .~ ~ ~ y~ ~~~~~J J, '~IK<"""-- --.--:::~ ~... ~~~1}:Y~ ' \ ~~' ... ~.dh~" ~ ~~-~~, 0, ~--, 'f'/ ,~~ ~(~\I\~.. ~, r-' ~\ '{~'~ -' ~'~.'\.,~ ~, l(if~"?:(~. '~rf\I~'~~\~\\\'\~\:' \ t:f-::! ~ -,;:= ,II' ~ I . ~,- Y-i:-~----'l k\ V. n '" = ~~ ~ ~~~~ ,;(~~~ n I~~"" . ~ ;~~ 0 0 . )y~ ,,~...; 0 '<i ~ J ~Ir, '-'~,-"'-_ . . ~/0..~ ~ '\ ':t 1 Exb i bite f?-..... -.....;. ~...""'>. , I . i . . \ ~..; .;;) . .".. , . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM FILE NO. PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 26 JUNE 1986 HODGDON, JOHN - C.U.P. AND VARIANCE TO EXPAND A NONCONFORMING STRUCTURE 405 (86.23) TO: FROM: DATE: RE: BACKGROUND Mr. John Hodgdon has purchased the home formerly owned by his father at 25830 Birch Bluff Road (see Site Location map - Exhibit A, attached). He proposes to build a garage/room addition on the south side of the existing house (see Exhibit B, attached). The house is only 4.5 feet from the west side of the lot, making it a nonconforming structure (lakeshore lots require 20 foot side yard setbacks). As a consequence a conditional use permit is required in order to expand it. As shown on Exhibit B, Mr. Hodgdon proposes to extend the addition from the west side of the house. Since the addition will only be six feet from the property line, he has requested a setback variance. It is worth noting that he proposes to remove tw~nonconforming garages on the south end of the property. ANALYSIS/RECOMMENDATION Section 200.03 Subd. 1k.provides for the expansion of nonconforming, single- family residential structures. Following is how Mr. Hodgdon's request complies with Shorewood's requirements: ,1. The expansion does increase the nonconformity. For this reason, the applicant has requested a variance. Justification for the variance is contained in Mr. Hodgdon's request letter and is summarized as follows: a. Besides an aesthetic consideration, moving the addition would result in a downstairs bedroom having improper egn.ss. b. Drainage is accommodated better with the addition located on the west side of the lot. c. The proposed addition is adjacent to and extends further forward than his adjoining npighbor's garage. A Rpsidential Communitv on Lake Minnetonka's South Shore 9 . . Hodgdon, John - C.U.P. and Variance to expand a nonconforming structure Page 2 d. The site would be improved by the removal of the two nonconforming garages. 2. The area of all structures on the site (including the addition) will not sce~~30 percent of the area of the lot. 3. The proposed addition is consistent with surrounding structures, parti- cularly the one to the west. Also, removal of the old garages will open up the front yard and increase the view from the 5treet to the lake. 4. Given the location of structures on adjoining lots, the proposed structure does not adversely affect light and air to adjacent property. 5. The propos~d addition maintains a total of 36 feet of total side yard setbacks (six feet on the west, 30 feet on the east). This is very close to the 40 feet which is required, Despite increasing the nonconformity of the existing hom~, the applicant's plans are considered to be an overall improvement of the site. It is impor- tant to realize that removal of the garages close to Birch Bluff Road continues the precedent established in the Meloche/Bauman request which was approved reyently. In view of the preceding, it is recommended that the conditional permit and variance be granted subject to the following: A. The two old garages should be removed within six months of the date the building permit for the new addition is issued. B. Site grading for the new addition should be subject to review and approval by the City Engineer. cc: Dan Vogt Glenn Froberg Jim Norton John Hodgdon N tA -2- -:-'1 . .~ z 0 r- .. .. t w z CI) ...J W .z ---.--- --- OQij ">l3ijn3 <i. <t ...J ...J W a:: ...J 0 ~ . u 0 0 >- 0 3: z 0 0 ::) 3: >- (f) W ..J M31^ MOQ"3W ..J ~ ... ~t "~I ~-:! ~ ~ G .- 1 ~ '")- J -t. t. c. ~ ~ ~ 'Ii C C ~ ~ ~ j a:: OQij .~ ~II w !Ii (!) u_... _"0 en d , ;. Exhibit A SITE LOCATION Hodgdon - Co~oPo and Variance . . LAIlE MINNETONKA '" r~ l Q ~ Shof'eline JIJ~ 3,1986 . ~ - .-::==-~. ~ [ ~ \ .... ,.., , I ~ ~ '-1 .' . t ". ......~~;..;,.t. ~ :Is Sti""e;~ . . _ ..... .r 'lie . , ~ : .... 5 'ton :;~ ........ "!s.. ~~ ~.:.::: 'i1; :;;~ -.. " t:f .. ~ ~ C) :.::;~ '-'-l:-' " '" -'. :\,...., : I , ~,..,; '1 ~ ~ \n l' ~ <n I ~ ~ t::i ~ tail ~ =-:1 '<to C:-I.,. .."" ~c: " , I " I 30' - - .... .. f'Y'ofi-s~ . ~ :~ (0.1 ~~" CN en:-. ~ lOb r.... ~ cJ cti ' " , , ~ :) ~ " ~ ..... '" ~ , -"'- - --.' ~\ \ \0'\ :! ... ~ -J ~ ~ 0; ~ , ~. ~ '"... ... ~ C; .... 'Z'Z.oo . , j-'"i , ... .. .. ~ 94.00 SCALE: 1"-30' BEARINGS SI-IOWN ARE ASSUMED. ,'......, . , '.- (', ',I 4'1'0 be.. r~~""LJ 6 , ---- -' --- ---- 6,.11;~.~. \ -'~.11.A'!: _] .- ~ "OAO 8L.UFf' PAVE:ME:N:___-- Bille'" .,~"MI"O"5 -===---- {--/ ----- .-- -- - .~ ----------- ------- 1:: : ~......: : ., . I . MOfIIJnt<<rd' (ro" --------'011,,4 ------ ----- ------ Exhibit B SITE PLAN ......... , ~ .~'::... ,., "'I> . . TO: City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 RE: Proposed addition for property at 25830 Birch Bluff Road. Request for variance and conditional use permit for a 24 ft by 50 ft addition of garage, shop, and storage space to existing structure located at 25830 Birch Bluff Road. Drawings show a 9 ft height with a flat roof as I feel this would fit the existing structure but would depend on the approval of the architect. The addition would follow the west wall of the existing structure, proceed 24 ft to the east along the existing structure and 50 ft to the south. The reason the proposed addition is set from the west wall of the existing structure is that the easterly lower level window is currently a bedroom and if covered would not meet current building codes. Also the lot is graded to allow drainage from the higher lots to the east and if the proposed structure would be placed further to the east it would greatly effect the current drainage. The'proposed addition would be placed to the back side of an existing garage at the residence to the west. In checking with the current owners of the property they voiced no objection to this proposal as it in no way would hamper their view or usage of their property. If this proposed addition is approved there are currently two non-conforming structures located on the southeast corner of the property. These non-conforming structures would both be removed. The removal of the structures would allow this residence to more closely conform to the surrounding neighborhood. A> ~-~ -~~ .r- John F. odadon 5910 Eureka Road Shorewood, Minnesota 55331 Enclosures: Survey Photographs Sketches Mailing list ".1. Exhibit C APPLICANT'S REQUEST LETTER ~ . t: \- ~:r -1- ~---+ . \- ~.1- \.,1) I \i .... c:.. ~- ..L. \i u c ('- a .. <;:,. C) ~ V) ;>> \.... 'y.- ~ '.' ~ t:o 0- ~ ~ ;- -v '"'.- ~ ,~ ? -- ~ 1~ C"() (\ (:) , \- 11 ..s: \,) ..+ ~ .- ~ \).- ';- ~ 0 0 \. f' \.. ;--:~ ~ t ~ tL- :::L .L~ \.. 0 f)~ ') '" .2 .- ~-.::: ::!: u... .- -< < '> -' ~ +- 0 I -Z \>' (j B I Q l I ..: ~ (}) I .J l (J {, sr at "I \\s \ tIE <;) " ~ El ~ B t:~' ; I ,- Exhibit D FLOOR PLAN AND ELEVATIONS i I \ . . CITY OF . SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne 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: 27 JUNE 1986 RE: WICHTERMAN, ROBERT - C.U.P. - SPECIAL HOME OCCUPATION PERMIT FILE NO.: 405 (86.24) BACKGROUND Mr. Robert Wichterman has offered to purchase the property at 5385 St. Alban's Bay Road (see Site Location map - Exhibit A, attached) subject to his obtaining a permit to operate an upholstery shop out of the home. He has applied for a conditional use permit for a special home occupation pursuant to the requirements of Section 200.03 Subd. 12. The subject property is currently occupied by a single-family residence, zoned R-2A, Single and Two-Family Residential. Surrounding land use and zoning are as follows: it North and East - single-family residential, zoned R-2A South - Highway 7, then undeveloped, zoned P.U.D. (proposed for limited commercial) West - vacant lot, zoned R-2A ANA~YSIS/RECOMMENDATION Mr. Wichterman addresses the requirements of the home occupation section in his request letter (see Exhibit B). His request comes very close to requiring only a limited home occupation permit. However, since there are occasions on which he may keep a client's boat in his garage while he is working on it, it .requires a special home occupation permit.. The special home occupation provisions allow the use of an accessory building in the home occupation. " A Residential Community on Lake Minnetonka's South Shore /J . . Re: Robert Wichterman C.U.P. 27 June 1986 Based upon Mr. Wichterman's letter and the prov1s1ons of Section 200.03 Subd. 12, the request complies with the requirements for a special home occupation permit. It is therefore recommended that the conditional use permit be granted subject to the following conditions: 1. The initial permit is valid for one year, at which time it will be reviewed by the City. Any subsequent permits will be reviewed every three years. 2. Use of the garage should not result in future requests for additional garage space. 3. No exterior storage of materials or equipment should be allowed. 4. No signage is allowed. BJN:ph cc: Dan Vogt Glenn Froberg Robert Wichterman 4 t.l - 2 - " " 1- - I I I - - - __I ~ I I I . . . .. 1 I I ~ o .C! ~ U .m0~ns Exhi bit A SITE LOCATION o ,...... <' . . ~ ~ JI1 J9Jt c/~ ~f. S4/eaJ~d (J()l.u,fy cJ !l/7/h:'//~ i. l~. .s TSS (!,OQl1fr1 e4,t tel. 91are wood, ~. S5"" 331 it: 4ffltc4/;'/J k~ ~e(7/~/ dAle. (Ja~/~d/J A/PIt') o WI;Cd/ :Ij /lltty tl/./~.fr/!,' tel- an QIP!'!II'? .kr" sl"e;qj 0(('''1'4/~'1 U-i(. perm/I/ f;;V" /ItA l'l-1rflos<- 0 f- r-e;:;4//' t(/1d. r-epJ<<ep7.fr;) c{ "'rAekkrt- &(/\1 Q(U1tk1~ fr"dut/-sl /~ uJ(vt are~;.. wtJf./d e/}G'h1v,o~SS c'd.c J74/t oj IiL 6t{seme/lf (j, y' ,1~-j (l//J ~ edr JClrtti..& (3:.2' X..7..:2). t.J~ ,1Ut.e. ""'e~j 4 r~!'{I""e,"Ir"JJs /'/1 ~ 'Je/l~rC{ I tr(.li,lj'sICJl Qlld. S/d.t-/~/ )70;11{. o~e.,t<jJI(I'~l rxr"'I;J- tJa1.t1.3 ~4.bd ' /.) , We.. ""'!tIU //(e. * a/J~/r'$f -e4'(!) t'/1't..- ~;I&... /.,{-ms QS k/!tJt.d5' , fe..$u.i~-( m e;rJ.s Gtll-€rn/ 11"/.1(,1/ S/~/75 fl.) Wt de' 170/-. frOJw~ hj/;J. I 9/4re < /Joi~~ . aJk..r, iY ('/,Jr,.~ifl} ~fI a/oqfj .e4e1 q ~ 11.ea r '1 6 y t7L. c!J cl ~~" I I r(.1f1.{)~ . -h.) 1lk11.z.. tJ! dt.{1'" eje.r///J1e/l1 e4'~5e'.)' e4,c:'...J.'/'u,./ ,;/k,,c,rt'/lC-Il- . 4./'//"',.{ /~?~-k1 ftV/ oR ...c:..- to:':' Exhibit B ) '7'7 J . APPLICANT'S REQUEST LETTERc..... VI'-G Jf:J1"{S'//lt':!V" t/Se I , __ _ ' J oj Ot!./'" /;OI?l.fL /J If I . -;). \~:l Exhibit B-2 . . c) Q0I1t. ~\ Ou/ <?-UP /'e//I Adm ~ tt;4t../:s!e/j J1~..1 StJ'/JItL. crt our /Jt?ljAbt'/S , @/Nf ,know ~ I]pv-< qSh" //1 ()i(I' ~6(/1e. d) We.., see.. 110 Il-t>t'cl. ,t a f /H?a r cr /Jt!/l.... of #f~ eAa//fe., 1/uL, J P/JI<l- . e.) ;}/1 0+ oar (1 till IJd be. f) -I' u..Je-,,,u' 1/1Ioi?-e f YlMlerlq/ qll d ~~ cUfeJi/id1i1 ;ftved ()ifJ5/~ /4. ;/1/'4'1. Jt. fire. ,e:f k'',-'" IJ/w/ls . S) Our, J;itS//JfSS IS ecv~~id j8' !Iv~ h,.~ ~ Jg I/O). Il~-e J. ~ 5.1711. h,) 4;rt!l~1 ~J:!Jlt/ w~ J7'ft/L /JtJ dffl're- 10 k cL n tI/.sCl~ k C(AyrJ/le., () /,u'~ ()6sel'tI.e. mtJ/'nw! .d~fS/~7~.s5 ,1dt/rs. ~) kJL 5?~ /ld //1.')""//1 n;?~-e;7 ~ ~/J;1 Hfq/~bTH~/ ~1 Y.epJid qJ t ~ r~q/~erl1e4.j.s () I 5~e-/:r1 ~~?~ c/(Gu/d;// I :I.J.- IS IN! c,..u- I~l!e/I}~/I j, ,1/~ Q/f!I"/l~ ()t( I-s;k, l-iL A~/lU! - /;) J/I. 4.s- ~~/<- /h,<-. Or ,j ~ -eJ .};;,r 1J/lvJ... C1r~ /J() O('~~S5~/ )~;/J" C .) WL .bfLj~t/.{, {,J..Ik .(:,,,f/ /~l~ -de t ~/tlP1 d- Sf'.eQ/~1 )lnce, O(!c..4/,~J/t14 /e/,n/'/. I. . ./l \. .' / -3- ) ! . .0 d) W-e... ~ /)(J! )t1t/~ f/,""';1; .eB U~!7~f!/;) oM~r M~fl ~4 nJ. 'II/) q ~ u.J-e litter' ~/S /;t7}'?t.e. )0(75 /?o-! (tArren)/j J;q't/-<.. ~ ~cP~ o <!.{:l{/kff/ol1 I~I / '-). . tJ<- Sc"-e 1'70 t/d~)'7/ &<//;4' e,j /~l5?-t'e/;;/1, W-e, .Ao;ze- tdL );11 tJ-2- C( ddrf' 5S-e j, C7 / / t1// A /~/k/'11q 1/0/1 n;e.e! 9( ?/Ie, r~t(/~erJJ~/~ / ~ /;1#0) Ij/ld s~~d /! e t.e., e5Z17 ' --Pkqse ;;;;;0# 4<S //' J'~<<" /Iud. 1M;; ~/ /4 J;Y/":1/d,hd/J . ~/ ~~~ '4J~ /:p. d~ Exhibit B-3 ~ . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw K risti Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOoD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION~ MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 25 JUNE 1986 RE: McCUSKEY - C.U.P. - EXPANSION OF A NONCONFORMING STRUCTURE FILE NO.: 405 (86.25) BACKGROUND David and Judith McCuskey have requested a building permit to add a wooden deck to the south side of their home at 5250 Howard's Point Road (see Site Location map, Exhibit A, attached). Since the existing house is only 35 feet from Howard's Point Road, and the R-1A zoning of that area requires a 50 foot setback, the structure is nonconforming. Consequently, any expansion of the house requires a conditional use permit pursuant to Section 200.03 Subd. 1k. of the Shorewood Zoning Ordinance. The proposed deck (shown on Exhibits Band C, attached) extends eight feet from the south end of the house and 10 feet from the west side. As shown on Exhibit B the deck will be 35 feet from the side lot line (20 feet is required) and 85 feet from the lake (50 feet is required). ANALYSIS/RECOMMENDATION Plans for the proposed deck are consistent with the requirements of the Shorewood Zoning Ordinance, specifically: 1.. The nonconformity of the house is not being increased and the deck complies with the setback requirements of the R-1A zoning district. 2. The floor area of all structures (including the deck) does not exceed 30 percent of the total lot area. 3. Being a fairly common residential structure, the deck is not considered to adversely affect the aesthetics or character of the adjacent property. A Rf!sidelltial Community on Lake Minnetonka's South Shore 1/ - . . Re: McCuskey, David C.U.P. 25 June 1986 4. Since the deck is furtheraw.ay from the side lot line and the lake than what the Zoning Ordinance requires, it is not considered to affect light and air to the adjacent property. 5. Given the 85 foot setback from the lake, it is not considered necessary to try and make up the dis~repancy from the front yard setback at this time. In view of the preceding, the McCuskey's request is considered reasonable. It is therefore recommended that the conditional use permit be granted as proposed. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton David and Judith McCuskey A ,~ - 2 - I ,. ,. , ,~ ,. .- ~I 'Ii":",, P'v .- ,~- ~' . fy",.t't )' ~\ ~, w ~ co ~,~, 5110 ~ " '\,', A . ... ': ..w'th ,.cJ,clo I ....., .. '-",,'..-... .. J I" l.A~c.. M'"nc.t6,,4(A t Exhibit A SITE LOCATION McCuskey - conditional use permit (NVI1EJCICAL J.lI) ~ AilER I'~ FI COUNTY SURVEYC HENNEPIN. COUNT' IJ ~ . ...... . - Exhibit B SITE PLAN .. W~~ ,..~ ICO' - o U) UI N ~i?t;r., fr.f~cJ Jc.," 1-.~ ~'h~tOt\~ (Jl o o V) "l C) ~ ~ f.,+ CD '. . J l . , f ~ WorTh .~ , ! f . ." ,4/ ~ ~, i ! '. " . . . " ~"4.. .:~ ~~.. I I i I I i~ I " l :,-- I :1, i ~ i f I . t I ~ ; ,~ ~( '~',I, ".. i~!,.', .1- I,,~' ~ ,', . Exhibit C PROPOSED DECK / i \ I~ ~ q '~ i J - ~ -l~~ ~H t ---~_J ~ j . .' ..' .' g -'\-- ..... l .." . I .,!~,--~. '1. ..' ..-<ff . ~ ~ I~ J~ ~ ~ s)' --r I ii~ t~' I ~ ~ ~ . i ;; 0"'- ~ : -, ....... '"i; -. ":. .:~ "''It; .~ :~~ .~ '~," .~ '." ~~ . , . " .. ~1-~';~i . -:.~:-:t ;~.<..'~ .\l , " .~ .." ~;'. ~ .:: J, '""!o )~ ,'; . .'. :- ~ '\; .1 _. ..~~,c .'. ';:~:'-.~: . ~ .. IS:' -'~~. "~f !~ t; ....j. . ~. - I: '.' .~ . -. : ',i' "an ,0,,".: -.~~-~ \ "........ . ~, .. . . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Dantel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: FROM: DATE: MAYOR AND CITY COUNCIL BRAD NIELSEN ~:r-; 10 JULY 1986 '/ RE: SIGN PERMIT - ARNOLD'S RESTAURANT FILE NO. 405(Signs) Attracta Sign, Inc. has applied, on behalf of Benjamin's - Arnolds, Inc., for a sign permit to install a sign at 19335 State Highway 7. The property, formerly. occupied by the Phoenix Garden restaurant, is being remodeled as an Arnold's Restaurant. Plans for the remodeling will be reviewed at the 28 July Council meeting. The sign company proposes to use the existing sign post. A new 4' X 8' message board and a 6' X 10' business identification will comprise the proposed signage. As you may be aware, the Zoning Ordinance allows three signs with a total area equal to 10 percent of the building silhouette area. According to the sign company, the front of the building measures 16' X 73' and contains 1168 square feet of area. Ten percent of that equalsl17 square feet. The proposed signage totals 92 square feet of area. The proposed signageis consistent with the requirements of the Shorewood Zoning Ordinance. It is therefore recommended that their sign permit be approved. cc: Dan Vogt Glenn Froberg Al Sterner A Residential Community on Lake Minnetonka's South Shore 1eJ- " '. APPLICAT. FOR PERMIT TO KEEP OR MAeAIN' PRIVATE PROPERTY WITHIN A PUBLICLY OWNED RIGHT-OF-WAY BURSUANT TO SHOREWOOD ORDINANCE NO. 121 Please type or print legibly 1. APPLICANT INFORMATION Please give the name(s) of all persons who own the private property to be maintalne~ in rlght-of-w~. NAME(S) ~Afr'L:S Kt;'E I-E'R- 1 ".- L"-'" .- (\ ,,{6 q ~5 r 01'< ~S' I. ~,.j R ADDRESSES ~ S h('J ~FvJCoJ /1u,irl ~:-S3":'3 \ TELEPHONE . , 1/ 1/74 - ~3 ~, 2. RIGHT-OF-WAY Please name the highway, road, ,street, alley or other right-of-way upon which you are requesting to maintain private property. /-~R~S--r- (~ i,- 3. Please describe as carefully as possible the exact location or address on the right-of-way where the private property is to be maintained, as well as the nature, extent and purpose of the requested encroachment on the right-of-way. (AttaCh a photograph or sketch if possible). """'-}7 . / I ..' - -.- I I / )--- 1 '1 .-,.... 3.L! / /II/:' "(1 Ad }<.. u tis I;J 1- {<-cd / () )- /Yl V ;-.).I,N c> ,..,('; f .s ."- ;.;>( i'. '5'-5,' . 7 ., I ! / 7 ''{?'Ac. rl $' -- ) . c J t<1 yv" I~ 1 ~/'~' tlCY\ }, () ,) if /2ry ~c{ 'J; 5 u b ~ ".,t 10 ~ I J!" 10 b--;/~( K: ~j i 0 (.( I", --- t, . ( ,r-' ~'f.-"-, CJL.lK- C-x{~Iv';e: vlA)/ DAC)<j A;./cL.1;Ll . / ^ Ji' $'fll'\''\ )Lr:~}C S io p dd 12... ;1/jf'/~~h(,)l<s' hZCM cj ~uv'r d/'l n! ,s ~;J/1/6( In ~onsideration of approval of this permit, I hl3reby knowingly and voluntarily waive any right to recover from the City of Shorewood for damage occurring to property in the right-of-way as above described, which damage results from the performance by the City of Shorewood or its age,nts of ~a~y public dUties required I:y 11 a,w. ,)~. I Date G/J.7/X ~_ ~vVl~ }c~~ 7 / ( \ . . f . ~ App~icant signatul~{S) Permit ( ) Approved ( ) Not Approved Inte /3 ;#'-- . v . (11 j [ <-. .~ \).t P Lr V .JJ Q.) 1/) Y ~ () d) lJ... Q..; ~ ~ (?<r rg .- --+- _V) 1 ~ ~ Q) c1 r"') - c. --a o ~ C\- ~ ~r./) ~ 6 .u . - .~ ~ /- ~10-4J 3 i}-<vio ~ -I Q) '1 ..s/) v 2~i~~ (;J' r- 3 ~ A-" .."":L Q) 3 ' p.-Y 3 .~ ~~r '/"-. ,.~ ~J t "8Y.~..f ~ ?- ($ v ~ :;; ~ J. .' Q) p-P 4 .--q 3 -; 3 ~3 ',\ r-i . I~ \- - - \. .... .... , .- - - 1(' _ .4 ..... .;; , ....' f'" o ~. · v . ,/ ..~ ,~~t ~ -t. ,~c,...:'\. p:JJ / "..v d.. )(...../ ,...;;::).... ' / c__ ..... .J "f... 1--~----- (') r() ~o~~~~~~~'/"'r I ~ .- (""') I _ r,' \ ~I : ~. ? o ...;. d'I\ ~ .;. :JI:. ,eill o V .'"g~ q.I 3 ~ -" ;. .... , zt ~1 /'" JJ f'. \ "-.-- . .J ~--------~~.~-_... -~ . . ORDINANCE NO. AN ORDINANCE ESTABLISHING AND REGULATING ALARM SYSTEMS, ISSUANCE OF PERMITS, AND PROVIDING A PENALTY FOR VIOLATION THEREOF IN THE CITY OF SHOREWOOD The City Council of the City of Shorewood ordains: CHAPTER 501: ALARM SYSTEMS AND PERMITS ~~G~~QW-*y 501.01. STATEMENT OF POLICY. The City of Shorewood deems it necessary to provide for the regulations of alarm systems which are designed to signal the presence of a hazard requiring urgent attention to which public safety personnel are expected to respond, in order to protect the public health, safety and welfare. The City Council finds that the regulation of alarms is necessary in order to reduce the increasing frequency of false alarms in the City. The great number of and increasing frequency of these false alarms requires intensive, time-consuming efforts by the 8e~af~ffieR~-e~ Public Safety Department and thereby distracts from and reduces the level of services available to the rest of the community. This diminishes the ability of the City to promote the general health, welfare and safety of the community. In consideration for the necessity on the part of the City to provide numerous public safety services to all segments of the community, without an undue concentration of public services in one area to work to the detriment of members of the general public, it is hereby decided that the alarm systems shall be regulated through the permit process described below. ~~G~.OW-~~ 501.02. DEFINITIONS. As used herein, unless otherwise indicated, the following terms are defined as follows: Subd. a. "Alarm System" shall mean an assembly of equipment and devices (or a single device such as a solid state unit) arranged to signal the presence of a hazard. For the purposes of this ordinance, the alarm, when triggered, must be directly connected to a central monitoring agency which then notifies the police and/or fire departments of an emergency to which public safety personnel must respond, or may emit an audible signal which will require urgent attention and to which public safety personnel are expected to respond. 1M . . Subd. b. "Alarm User" shall mean the person, firm, partnership, association, corporation, company or organization of any kind on whose premises an alarm system is maintained. "Alarm User" shall include persons occupying dwelling units for residential purposes. "Alarm User" shall not include persons maintaining alarm systems in automobiles. Subd. c. "False Alarms" shall mean the activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his employees or agents. It does not. include activation of the alarm by utility company power outages (except as set forth below) or by climatic conditions such as tornadoes, lightning, earthquakes, other violent conditions of nature, or any other conditions which are clearly beyond the control of the alarm manufacturer, installer or owner. Effective August 1, 1987, false alarms resulting from power outages shall be treated as other false alarms and counted as false alarms for permit purposes. Subd. d. "Person" shall mean any individual, partnership, corporation, association, cooperative or other entity. ~~9~.~___~CaLQ~~Q~_YQa~~_ahall~ean_the_pe~iQ~~a~~~~~ r-thro~qft-BeeeffieeF-~~-e~-eaea-yea~r ~EClIucl 3. 501.03. PERMITS AND EXEMPTIONS. Subd. a. Permits. Erreet~~e-~~~y-~ST-~~8~, Every alarm user who, ~rinEJ tl.Hs:::~UL-::;\;;l vI ...... L'Cllt:lHla..L yt:Cll., wi thin a twelve month period, incurs more than tfiFee-f~~ two (2) false police alarms, or more than one (1) false fire alarm shall be required to obtain an alarm user permit. subd. b. Review of Permit. ~paB~~e-eafe~~ oepartrnent Chief of Police shall review the issuance of all alarm permits. Subd. c. Process for Issuance of Permit. Upon receipt and determination of the ~ third false police alarm report, or the second false fire alarm report at an address within a twelve-month period, ~ae-~a9b~e-Sa~e~y-~ep~~~mB~~, the Chief of Police, after review, shall notify the City Clerk who shall then assess the alarm user for an alarm user's permit~ The assessment invoice shall be sent by certified mail. The alarm user must submit the required permit fee to the City Clerk within ten (10) working days after receipt of the assessment invoice in order to continue to use his alarm system. Any subsequent false police or fire alarms at that -2- . . address within a period of ~~~ twelve months from the date of issuance of the permit shall automatically revoke the permit and the process must then be repeated. ~h~~-p~oce~~-~ha~~-be-- ~e~a~ee-~e~-ea~h-~~~~e-~~~~m-~n-exce~~-o~-th~ee-i~t-~a~se ~e~~ee-a~a~m~-a~d-~n-exce~~-o~-one-iit-~a~se-~~re-a~arm-dur~ng ea€fi-ea~efiea~-yea~. and a new permit must then be obtained, except that after the expiration of the first six (6) months >of a permit~ a single false police alarm shall not revoke the permit. Subd. d. Duration of Permit. All permits, unless otherwise revoked, will expire a~-~Re-eRa-ef-eaefi-ea~eRaa~-yea~. twelve months from date of issue. Subd. e. Exemptions. The provisions of this chapter are not applicable to audible alarms affixed to automobiles. SEEff':E8N-4";"-501.04. REQUIREMENTS AND DUTIES. Subd. a. False Alarm Reports. Eublic-SafQ~Y ge~ar~fflefi~ The Chief of Police may at it~ his discretion, require a false alarm report to be filed by the alarm user with the Public Safety Department, within a time period to be specified by the Public Safety Department. If the Public Safety Department determines that a false alarm has occurred at an address, the alarm user at that address may submit a written report to the Public Safety Department to explain the cause of the alarm activation. If the Public Safety Department determines that the alarm was caused by conditions beyond the control of the alarm user, the alarm will not be counted as a false alarm at that address. Subd. b. "False Alarms" will be excused if they are the result of an effort or order to upgrade, install, test, or maintain an alarm system and if the Public Safety Department is given notice in advance of said upgrade, installation, test and maintenance. 3ee~reN-~~ 505.05. PROHIBITIONS. Subd. a. "Alarm Systems Utilizing Taping or Prerecorded Messages." No person shall install, monitor, or use and possess an operative alarm which utilizes taped or prerecorded messages which deliver a telepone alarm message to the police or fire department. S-~rel't-6". 501.06 PERMIT FEES. Subd. a. The fee for alarm user's permits shall be: Police - Fifty Dollars ($50.00); Fire - One hundred fifty Dollars ($150.00). -3- . . (~bd ~ PrJ:.a.fift' -l%5'el!.'- La- ~:ffftoi="&e- -siTa-J:.J:. 7~i-r& --<*l- -'&G& -J.a.s.'& dey- ~~ ~iteft- ~ ~l!.'- -yea:l!.'-:- - -PrJ:.a.:fffto -aee-l!.'-!...s- ~:ffftoJ:.t:-s- ~J:.J:. -aG-'& -GG.- reqtti.-~ -i:ft -t:fte- -!'te}to-e- ~ ~l!.'- -yea.l!.'- -\%iT1=- i-J:. --&Re-r& ~J;.& -ffiGoJ;.& -~- -eh-~ - f- 3-)- -~a- ~"i:"G" J:.:i:ee- -a- J:.a.EftS- ~l!.'-~:r::e -'Efta.a- ~a& - ~1-).. -:E:a-l:-s& -~i-J;.& ztl:-~-repo-~ -a--e- -t:fte- -a- J:.a.B!t-\:t5el!.'- !...s-~re-s-s-~ri-~ -~ -a&~'& --- ea-~ztr~a-r.After expiration of an alarm user's permit, no subsequent permit shall be required until such time as the alarm user incurs more than two (2) false police alarms, or more than one (1) false fire alarm within a twelve-month period. ~~~-~~ 501.07. REVOCATION AND SUSPENSION OF PERMIT. Subd. a. Basis for revocation or suspension. In addition to the automatic revocation process described in Section 3, the Public Safety Department may suspend or revoke any alarm user permit issued pursuant to this ordinance if the Public Safety Department finds that any of the following occur: 1. That any provision or condition of this ordinance has been violated by an alarm user or his agents; 2. That an alarm system has actuated an excessive number of false alarms; 3. That the alarm user has knowingly made false statements in or regarding his application for an alarm user's permit; 4. That the alarm user has failed to correct or remove, within a reasonable period, violations of this ordinance after receipt of notice to do so; 5. That the continued effectiveness of the alarm user permit constitutes a substantial threat to the public peace, health, safety or welfare. All alleged violations defined above shall be investigated by the Public Safety Department. The alarm user shall be given notice of the proposed revocation or suspension and be provided an opportunity to informally present evidence to theP~h~~~-Sa!ety-Bi~eete~ Chief of Police prior to the final decision on revocation or suspension. Anyone aggrieved by the decision of the P~b~ie-Safety-Bi~ee~e~ Chief of Police may appeal that decision to the City Council. SEe~feN-e~ 501.08. CRIMINAL PENALTIES. Subd. a. ~Any alarm user who continues to use an alarm system after receiY-~ng notice of revocation or suspension by the Public Safety Department shall be guilty of a misdemeanor, and -4- . . . . . upon conviction thereof, shall be punishable by a fine of not more than -f-i-ve--hundi:'~-(~.-o..o-) seven hundred dollars ($700.00) and by imprisonment not to exceed ninety (90) days. Subd. b. Any person required by this ordinance to obtain an alarm user's permit who knowingly fails to do so shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than seven hundred dollars ($700.00) and by imprisonment not to exceed ninety (90) days. ~~~~ 501.09. SEPARABILITY. Every section, provision, or part of this ordinance is declared separable from every other section, provision or part; and if any section, provision or part of any ordinance shall be held invalid, it shall not affect any other section, provision or part thereof. This Ordinance shall become effective from and after its passage of publication according to law. 501.10. . REPEALER. Upon the effective date of this Ordinance, Ordinance No. 146 is hereby repealed. 501.11. EFFECTIVE DATE. This Ordinance shall become effective from and after its passage of publication according to law. this ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD day of , 1986. ATTEST: Robert Rascop, Mayor City Clerk -5- ..' . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J, Vogt . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 9 JULY 1986 RE: BROM'S MARKET - REQUEST FOR TEMPORARY USE FILE NO.: 405 (84.05) The attached letter, dated 30 June 1986, from Stan Cirspinski has been referred to this office for review and comment. As you are no doubt aware, the old Brom's Market "buildings" have now been demolished. The request raises several concerns from both zoning and building code perspectives. A. Prior to demolition the market existed as a nonconforming use, first in the R-1A zoning district, then in the P.U.D. district - the current zoning of the site. Section 200.03 Subd. 1 of the Shorewood Zoning Ordinance contains several provisions relative to the continuation of nonconforming uses. Perhaps the most significant of these provisions states: "e. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use." The request is not one which can be handled by variance since state law prohibits "use" variances. B. As part of its P.U.D. zoning, the property has been given conceptual approval for "limited commercial" use. This has not yet been defined, but was to have been at such time as commercial development is proposed for the site. This would require development stage approval for the commercial portion of the project and amendment to the existing development agreement with Trivesco. From a practical standpoint a complete development stage plan need not be prepared for something which is considered an interim use of the property. However, it should be addressed in the development agreement and certain standards should be established to control the use. presumeably, as a temporary use it would not meet such zoning requirements as, paved parking, landscaping or building construction requirements (see Section 200.03 Subd. 7). A Residential Community on Lake Minnetonka's South Shore /9A . . Re: Brom's Market Use 9 July 1986 C. If the City is inclin.ed to somehow approve the request, some consideratio~ should be given to regulating signage. In the past Brom's Market has been somewhat unlimited as to the number and size of signs displayed on the site. While this was always..considered to be "grandfathered in", it has posed problems from an enforcement standpoint. More than once people have questioned why so much signage was allowed for that property. D. The State Building Code only addresses temporary buildings with regard to "...reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in coniunction with construction work...". That being the case, I seriously doubt whether the proposed buildings can comply with the requirements of the code. E. Presumeably, the proposed use would include temporary sanitation facilities. This would conflict with Shorewood Ordinance No. 64 which requires all buildings to be connected to the municipal system. If the Council is interested in approving the request, it is recommended that the following information be required prior to any decision being made: 1. 'Site plan showing location and dimensions of proposed buildings, parking, access drives, storage areas, etc. 2. Building plans, fully dimensioned including floor plans and elevations. 3. Signage plan showing size and location of proposed signage. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton . . /~!/cuU tJ~. ;C).Ael-~tr~ '7/&L(~~L d-p ~~~ /'9E~ ~~L~~~ . t?/- 4'~ .~. L ...L.. I /4 C_~?/ c2~~lt.:,d-~ , .ki ce-<:,~ L~ ~~t/~6/c~/ ~~;r -;:;7u/ a",c/17'~ ~ ~.<-e !~4U ~~. h .-?~d~; ~_/1 ~ / / (~ . ..:::;::/" / u(~ u/.e- ~,d:uc< ~ r/xh!~1- d~C~, r ~Yf~ ~~ ~ ~.4~ rr/-&~~~~, hi, d ~ J:/ ~-0' h /Vurk /-1u:C ~~/unrr-LI LuU, ~z'-/4Lr-7~r-urtZY cd A~r ~/ ~'~!" . . d~rc~:"/.4~uu", zA; ",<&( ~dCv-J<L- eW~~ ,! do/'ltK:~,;L&<c<,e-- ~ ,d ~ ~d~(/ LV,H_~(r&f7 ~ ~~.~~ /~/~r7J2r r~ !hkLU/~ ~ ~~~;'tZ~;:J2;;Z;;~Z+, ,;Lh7 ~~q k ~~ :.4b~,~ ~ffi. ' I ~~U ~ #4<.~ uk.d1, ~~ ~/-<V ~:J'~LJ dd ~ ~ ~ard ..hx/ ~ ~~. · ' . /r~ a/ d~~ ~;;YAiJ ~~/~~ · ~~~r/ ;i;/'v%~~ #~ .~ ~L!'~~~I ~~/~1 t:/M4U~ ~ ~/ ~~ ~ ~~ ad~! hC-,*~~~ ~~ -k, cUa/~Y~aN /~ ~/;P4nW~ 1~.a.LJ1 ~ ~~ ItUfl..~ ,,/ COW, \' PH '.. ~ '.....' , . ~d/k.~~~~ rr~~~/<~. ~ Y~U.v:, ~ ~~ zaa u/~. ~ ~.~ ~~~ ~. fi/ ~~1-- r~ ~~ ~~ ~~ ~ ~ l-li:a/: . . &. ~~U'/,( ;4. U~ ~~ ~-::u':~ i/~~ 4<-cd<~~'. . ;FUH/ <'"de~..<<...J aL/ ~t/ ;a4/ J.Mfj ~~~ ~V 1'~1., Z;; ~ .~ I a4J..d 4tL~44~/ /'/ ~~.&/ 41/~L~/~'V 4; ~:,,~h a~ , 4k~~LU' /t/&:/f; . /./C- ,cZL',/fi';U'.,,- ~ ~<."-<.. ~V ?tLLL~# , . f~l'~ Air~.~ 4~ t?~~' .,PaY ~)( /(,' 7 / ~l-c ~UJC: ~1.. I 7'~.;d?*fd f ~78~o -- <(" ,~ . . SHOREWOOD MEMO: DATE: 7/10/86 TO: Mayor and City Council FROM: Brad Nielsen RE: Highway 7 - Corridor Study You recently received a set of various design alternatives for the Highway 7 corridor. If you have not already done so, please review the designs prior to Monday night's meeting. There is a public meeting on Wednesday, 16 July by which time the staff needs to know what concerns the Council may have. . ~ .. /915 . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMO TO: FROM DATE SUBJECT: MAYOR AND COUNCILMEMBERS DAN VOGT JULY 10, 1986 ANIMAL CONTROL CONTRACT As you may be aware, White Bear Animal Control has ceased its operation as Animal Control for the City of Shorewood as well as most of its other cities. This was effective April 31, 1986. CARE Animal Control took over the contract until Jun 1. Since June 1, Animal Control has been provided to the City by Midwest Animal Services. Midwest has agreed to take over the contract at the rates charged by White Bear for the remainder of 1986. Attached to this memo you will find the proposed Animal Control Contract from Midwest. The contract has been forwarded to the City Attorney for review and comment. Included with the contract is a required certificate of insurance for public liability. According to the owner, the automobile liability is being sent. My review of the contract reveals that the proposed contract is virtually the same as the contract with White Bear including charges for services. Attorney Froberg will report on his findings relative to the proposed con- tract at the meeting. Pending his report, I would recommend approval of the contract for Animal Control with Midwest Animal Services. I base this not only upon the likeness of the contracts, but also upon the high quality of service provided by Midwest. Please contact me if you have any questions. cc: Glenn Froberg A Residential Community on Lake Minnetonka's South Shore ~/ . . =====================- ANIMAL CONTROL CONTRACT ================- ~- This agreement made this day of by and betweeen Midwest Animal Services, a Minnesota Corporation, hereinafter referred to as ''MIDWEST''; and the City of Shorewood, a Municipal Corporation located in the County of Hennepin, and the State of Minnesota, hereinafter referred to as "CITY", witnesseth: In consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. This agreement shall be effective as of June 1st, 1986 and shall continue in effect until December 31st, 1986 unless cancelled pursuant to Paragraph 15. 2. MIDWEST agrees to patrol the public streets of the CITY in a vehicle especially designed for the transportation of small animals, in accordance with a schedule agreed upon by both ,parties. The vehicle shall have proper identification displayed on two sides including the words "Midwest Animal Services". MIDWEST further agrees to insure, service and maintain said equipment. 3. MIDWEST agrees that patrolling shall be done by competent personnel trained in the handling of animals, and that such employees shall be approved by the CITY. Said employees shall perform their duties only while in proper uniform and shall wear identification to indicate employee's name, title, and place of employment. 4. The CITY shall authorize MIDWEST to apprehend and retain dogs, cats and other animals, and/or issue citation tags for violations of the CITY Ordinances. However, MIDWEST will not invade private property contrary to the wishes of the owner of said property nor forcibly take an animal from any person without the approval and assistance of a peace officer of the CITY. 5. In addition to the regular hours of patrolling referred to, MIDWEST agrees to maintain one (1) vehicle for standby service to attend to cases outside regular patrol hours at the specific request of the CITY's Police Department. MIDWEST shall respond immediately to any call involving a bite case or injured animal reported through the Police Department. 6. MIDWEST represents and agrees that all animals impounded shall be kept at the Minneapolis Dog Pound, located at 506 11th Avenue North, Minneapolis, Minnesota 55411. MIDWEST agrees and warrants that all animals impounded shall be kept in a comfortable and humane manner for a period required by the CITY Ordinance. MIDWEST agrees that the facilities shall be open and available to reclaim animals from 10 a.m. to6 p.m~ every day, including Holidays. It is mutually agreed that MIDWEST may temporarily board at an emergency facility if access and/or treatment is not immediately available at the contract facility. ~ . . Animal Control Contract, Page 2 of 3 7. At the time that an animal impounded under this contract is reclaimed, MIDWEST or its agent shall collect the impounding fee and boarding charges as provided by CITY Ordinance. MIDWEST shall furnish monthly reports to the CITY as required as to the service or services rendered in connection with each animal impounded. All impounding fees,license fees and/or any other penalty fees collected by MIDWEST or its agent shall be remitted to the CITY. 8. When an animal is impounded and boarded by order of the CITY Health Officer or placed under quarantine by ruling of the State Board of Health, said animal shall be boarded as required by said order or ruling. At the end of such period, the CITY releases all of its interests, rights and control over said animals which may then be disposed of at the discretion of MIDWEST. In the event that any dogs, cats, or other impounded animals are unclaimed after five (5) days, they shall become the property of MIDWEST and may, be disposed of or sold at its discretion. All proceeds from the disposition of such animals may be retained by MIDWEST, including any proceeds received from any animals disposed of in accordance with Minnesota Statutes ~ 35.71. 9. The CITY shall furnish to MIDWEST any special forms or receipts specified in the Ordinance and MIDWEST shall keep records of all animals impounded together with a description of the same. 10. MIDWEST shall assume liability for all harm to animals due to its negligence or that of its employees in not properly caring for the same, and agrees to defend any lawsuits arising therefrom. MIDWEST shall defend, indemnify and hold the CITY harmless including its officers, employees, or agents from any and all claims, suits, losses, damages, or expenses on account of bodily injuries, sickness, disease, death and property damage including injury to animals as the result of, or alleged to be the result of MID~~ST's animal control operation. Upon request, MIDWEST shall provide the CITY proof of public liability insurance, including comprehensive automobile liability, in an amount of at least $200,000 per each claimant and $500,000 per occurrence. 11. The CITY agrees to pay MIDWEST for services in the performance of this contract as follows: A) Price per hour - per vehicle for scheduled patrol based on actual time in service for the CITY..................$19.10 B) Price per call - per vehicle for unscheduled service during regular working hours of 7 a.m. to 5 p.m. weekdays.....$22.50 C) Price per call - per vehicle for service during other than scheduled or regular working hours.......................$33.75 D) Price per animal - for each DAY or fraction thereof for boarding any species of animals impounded by direction of CITY officials or local ordinance...........................$5.65 . . Animal Control Contract, Page 3 of 3 E) Price per animal - for euthanasia and disposal of animals........$7.25 F) It is agreed that if the designated boarding facility or euthanasia/ disposal service becomes unavailable, CITY shall pay MIDWEST its at cost fees for boarding and/or euthanasia/disposal at a mutually agreed upon facility. 12. CITY shall pay a fixed veterinary bill in the amount of $20.00 per animal for unclaimed animals requiring veterinary attention. Owners claiming their animals shall be charged the veterinary bill in its entirety. 13. All payments shall be made by the CITY upon receipt of monthly statements by MIDWEST. 14. MIDWEST agrees that during the period of this contract it will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, or ancestry and will include a similar provision in all subcontracts entered into for the performance hereof. This paragraph is inserted in the contract to comply with the provisions of Minnesota Statutes 181.59. 15. Either party hereto may cancel this contract after thirty (30) days written notice thereof to the other party. IN THE PRESENCE OF: Midwest Animal Services BY IN THE PRESENCE OF: City of Shorewood BY . -.., . ~ -. ISSUE DATE (MMlDDIYY) 7-2-86 John H. Crowther, Inc. 750 500 Line Building Minneapolis, MN 55402 - . THIS CERTIFICATE IS ISSUED AS A MATTER Of' INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER Northfield Insurance Corrpany INSURED Midwest Ani.rPal Services Inc. 3228 Noble Avenue North Golden Valley, MN 55422 COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER ~J" 74' THIS IS TO CERTIFY THA T POliCIES OF INSURANCE LISTED 8ELOW HAVE BeEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POliCY ?EAIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICiES DESCRlBED HEREJN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POliCIES. I COI lTRj rvDE OF INSlJ?ANCE POliCY NUMBER :::'(]LC' :F:':C':~'t -;. ~:,\i\t0(>'1Y, ;':::-L:{:Y' .:~'E L LiABiliTY liMITS IN THOUSANDS ---L I r-c~'~-~~~ ~j('1- ~GG8_EGA TE 1 ~SC;DiL 1 lJ~'JV .- -- : ,,",-,?y ! S . I $ '-------J..-.----l----- _.. : , I ! ;~~;;I~r~~Tr I I _~ . ~~.AAl>to . $ : $ , I ! ~6t~~ED I $ 500 $ 500 ! GENERAL LIABILITY ''I .',~"'qcHc'.S.\'E ,n',. ~ t i '......mlr" .c, ,...d. 101 ,JI"'\:'f j-~X1 <)Q.~V'-:.;:'-::.'iPERATlr;~~:-:; !"-i ;_<,~QCRG~~)L!'NO ,.\- .~ ~' X' =/C&O~~~~~~~EO~~~~!~NS CONTRACTUAL INDEPENDENT COf\;TRACTORS ~ SROAD FORM PROPERTY DAMAGE I i PERSC,\AL inJURY ri I.. , AUTOMOBILE LIABILITY Il A~1Y~.,,~O ~ ALl.~WNED:'UTOS :.?Riv PASS, LJ A,~L ':'\'-'>IED i~0T:)S ( ) i i i HiP.ED :'u fOS FGL 23773 5-14-86 5-14-87 NON~O~VNEO AUTOS i i I I t- I i i I I I , -+- ! PERSONAL INJURY 1$ I . ! i i ~~~-='_: i $ -~-----J ; '::.::"';.'i I ; 1 -;~~~:~.~=,~\~ ! s 1 , ! ~ i I I 1$ I i6~e~~'r"I$ ! i : I I BI & PD I l CO....BINED $ I I ; 31 & ?D I i COMBINED $ I ! i i , I . ---------~-----'---.,---.----------.-+----,---.-~----.---t GARAGE liABILITY i EXCESS LIABILITY UMBRELLA, FORM OTHER THAN UMBRE:'LA cG?M Sr.6,TUTOF~Y NORKERS' COMPENSATION AND EMPLOYERS' LIABILITY $ $ $ ,EACH AOCIDENT) (DISEASE.POllCY liMIT) (OISEASEHCH EMPLOYEE' OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESiSPECIAL ITEMS City of Shorewood 5955 County Club Road Shorewood, MN 55331 :Attn: DanHVogn RESOLUTION NO. RESOLUTION DETERMINING VALIDITY AND SUFFICIENCY OF PETITION FOR CONSTRUCTION OF SOUTHEAST AREA TRUNK WATER SUPPLY AND STORAGE FACILITY WHEREAS, a petition to construct the Southeast Area Trunk Water Supply and Storage Facility as a local improvement under Minnesota Statutes, Section 429.061, has been received; and WHEREAS, said petition is signed by 100% of all property owners in accordance with the requirements of M.S.A. 429.031, Subd. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that: .1. The petition attached to this resolution and marked "Exhibit A" has been presented to the City Council, and it is determined that the petition has been signed by 100% of the property to be assessed for the improvement. 2. This resolution is adopted in accordance with the provisions of M.S.A. 429.035 and 429.036. 3. A copy of this resolution shall be published in the official newspaper. Adopted by the City Council of the City of Shorewood, Minnesota, this ____ day of ____, 1986. Mayor ATTEST: City Clerk RESOLUTION NO. i '-'J' RESOLUTION ORDERING THE CONSTRUCTION OF THE SOUTHEAST AREA TRUNK WATER SUPPLY AND STORAGE FACILITY WHEREAS, a petition has been received signed by all of the owners of land to be specially assessed for the following described improvement: Project No. 86-1: Southeast Area Trunk Water Supply and Storage Facility and WHEREAS, the owners of said property abutting thereon and benefited thereby and subject to assessment have petitioned the Council to assess the entire cost against their property; and WHEREAS, under Minnesota Statutes Annotated, Chapter 429.031, the City Council has the power to order the improvement without a public hearing; and WHEREAS, the Council has reviewed said petition and the feasibility of the project with the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that: 1. Such improvement as set out hereinabove and for the areas as above indicated are hereby ordered as proposed in the feasibility report at an estimated cost of $985,000.00. 2. The total cost of said improvements shall be assessed directly and entirely upon the signers of the attached petition. 3. It is hereby determined that these capital improvements are not related to the City's Comprehensive Plan as recommended by the Planning Commission and need not be referred to the Planning Commission. Adopted by the City Council of the City of Shorewood, Minnesota, this day of , 19B6. Mayor ATTEST: City Clerk ~~ ) RESOLUTION NO. -0 RESOLUTION ACCEPTING BID FOR THE TRUNK WATERMAIN PORTION OF SOUTHEAST AREA TRUNK WATER SUPPLY AND STORAGE FACILITY WHEREAS, pursuant to an advertisement for bids for Project No. 86-1A, the trunk watermain portion of the improvement designated as the Southeast Area Trunk Water Supply and Storage Facility, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: G. L. Contracting, Inc. $ 96,715.30 $125,367.75 $141,128.75 LaTour Construction Northdale Construction Co., Inc. and WHEREAS, it appears that LaTour Construction is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that: 1. The Mayor and City Clerk are hereby authorized and directed to enter into the attached contract with LaTour Construction in the name of the City of Shorewood for Project . No. 86-1A, the trunk watermain portion of the Southeast Area Trunk Water Supply and Storage Facility, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed~ Adopted by the City Council of the City of Shorewood, Minnesota, this day of , 1986. ~ MaY9~ ATTEST: City Clerk RESOLUTION NO. RESOLUTION SETTING HEARING ON PROPOSED ASSESSMENTS FOR SOUTHEAST AREA TRUNK WATER SUPPLY AND STORAGE FACILITY WHEREAS, by a resolution passed by the Council on June 23, 1986, the City Clerk was directed to prepare a proposed assessment on the cost of the construction of a local improvement designated as Project No. 86-1 and described as the Southeast Area Trunk Water Supply and Storage Facility; and WHEREAS, the City Clerk has been directed to notify the Council that such proposed assessments have been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that: 1. A hearing shall be held on the!) &;- day of ~" 1986, in the City Hall at 8.f~ p.m., to pass upon pro~ assessments for the fo:J,ilowing improvement: Project No. 86-1: Southeast Area Trunk Water Supply and Storage Facility At such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessments. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the assessment notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll and to provide each property owner with all the information required by Minnesota Statutes, Section 429.061. Adopted by the City Gouncil of the City of Shorewood, Minnesota, this day of , 1986. Mayor ATTEST: City Clerk CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JULY 1, 1986 ~ ~ COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Acting-Chair Watten called the meeting to order at 7:43 P.M: - ROLL CALL Present: Acting-Chair Watten; Commissioners Mason, Schultz, Reese (arrived at 7:46 P.M.), and Spellman; Council Liaison Stover; Planner Nielsen; Planning Assist. Helgesen. Absent: Chair Leslie and Commissioner Benson (both excused). APPROVAL OF MINUTES The Minutes of June 3, 1986 were not available to the Commissioners at this time and approval of same was deferred. 7:30 PM PUBLIC HEARING - CONDITIONAL USE PERMIT TO EXPAND A NONCONFORMING STRUCTURE Vern Zeller - 5060 Shady Island Point Public portion of the public hearing opened at 7:45 P.M. Mr. Zeller would like to add a 20' x 22' three-season porch onto the rear of his house located at 5060 Shady Island Point, which is only 7 feet from the side lot line. Since lakeshore lots require a side yard setback of 20 feet, the house is a nonconforming structure and any expansion would require a C.U.P. Public portion of the public hearing closed at 7:46 P.M. without comment. Spellman moved, seconded by Schultz to recommend to Council approval of the Conditional Use Permit as per the Planner's recommendation. Motion carried - 4 ayes, 1 abstain (Reese). 7:40 PM PUBLIC HEARING - SETBACK VARIANCES Edward Eckstrom - 26575 and 26525 Edgewood Road Public portion of the public hearing opened at 7:47 P.M. Mr. Eckstrom proposes to build two homes, one on Lot 1, Block 1, and the other on Lot 1, Block 2, Oak Ridge Estates 2nd Addition. He has requested a 14 foot front yard setback variance for each lot which would allow him to line up the houses with other existing structures on Edgewood Road. This would locate the houses 36+ feet from the street r.o.w. in an R-1A zoning district which requires a 50 foot front yard setback. Public portion of the public hearing closed at 7:50 P.M. without comment. Section 200.03 Subd. 3d. of the Shorewood Zoning Ordinance provides for a reduced setback where adjoining structures are closer to the street than the Ordinance allows. For the easterly lot, the setback variance is further justified by the presence of low ground and suspect soil conditions. . MINUTES PLANNING COMMISSION ME?TING TUESDAY, JULY 1, 1986 );]$ Edward Eckstrom Setback Variance, continued: Spellman moved, seconded by Reecse to recommend to Counci I approval of the setback variances subject to the City Engineer's review and approval of site grading and drainage plans for the easterly lot. Motion carried unanimously. 7:50 PM PUBLIC HEARING - CONDITIONAL USE PERMIT AND VARIANCE - ACCESSORY SPACE IN EXCESS OF 1,000 SQUARE FEET James Westby - 27020 West 62nd Street Public portion of the public hearing opened at 7:54 P.M. Mr. Westby explained that he would like to build a 12' x 24' storage shed on his property which would enable him to provide shelter for his horses and equipment. Mr. Westby already has three other accessory structures on his property and the pro- posed shed would result in an excess of 1,000 square feet of accessory space (1526 sq. ft.), as well as an excess of three accessory buildings, both of which require a conditional use permit. The resulting total area of accessory space would also be greater than the first floor "footprint" of the principal dwelling, for which a variance is being requested. Mr. Westby said he does not feel it is fair to count the first floor only as the "footprint" of a two-story house. Someone living in a rambler-style home then has unfair advantage when it comes to calculating requirements for allowable accessory space. He also questioned the purpose for limiting (accessory) space. Planner Nielsen said it is to avoid the "clutter" of many small buildings on a lot, and to establish a relationship between the size of accessory buildings, lot size and principal structure size. Acting-Chair Watten acknowledged a letter signed by the applicant's neighbors on West 62nd Street giving their approval of the proposal. Public portion of the public hearing closed at 8:05 P.M. Comm. Schultz asked for more background on the cases which are precedent-setting in this situation. Planner Nielsen explained that the Larson request was for a large garage for storage in addition to a 2 or 3 car garage, on a lot which is not as large as Mr. Westby's. Mr. Hennessey was required to reduce the size of a proposed storage shed due to the footprint size of his house. Comm. Schultz questioned the "footprint" method of calculating allowable accessory space. He said he felt that "livable space" should be considered instead. Comm. Mason said she felt the footprint should include the attached garage. Planner Nielsen cited a case in Minnetonka where a gymnasi.um was built attached to a house and thereby "dwarfed" the appearance of the principal dwelling. He said that if attached accessory space were not considered separately from the principal dwelling, then one could keep adding on and further dwarf the appearance of the house itself. - 2 - MINUTES PLANNING COMMISSION MEETING TUESDAY, JULY 1, 1986 James Wetby C.U.P. and variance, continued: Comm. Schultz said he sees the element of hardship in Mr. Westby's case as the size of his lot (approximately 2.4 acres) and the use (horse pasture and farming) which requires a lot of storage space. Comm. Spellman suggested that a condition of the C.U.P. could be that the property continue to be used as it currently is (pasture and farm) and not be subdivided. Mr. Westby said he would have no problem with that condition. Comm. Schultz said he would like to see the C.U.P. subject to removal of the existing shed which encroaches on the side yard setback. Mr. Westby asked if this condition could be subject to subdivision of the property rather than the building of a new shed. Spellman moved to recommend approval of the variance and C.U.P. subject to the condition that the property not be subdivided and use of the land not change. Reason for approval being the size of the lot and use of the land. Motion failed for lack of a second. Comm. Schultz asked how approval would stand in light of the precedence. Planner Nielsen said that Hennessey was required to reduce the size of his building in order to conform with the Ordinance. He suggested that if the C.U.P. is granted, to wait and see if the situation comes up again and then study the Ordinance for revision. Schultz moved, seconded by Mason to recommend to Council approval of the variance and C.U.P. s~bject to the conditions mentioned in Spellman's motion (not subdivide nor change the use of the land), as well as removal of the existing shed prior to building the new shed. Motion carried unanimously by Roll Call Vote - 5 ayes. Reese moved, seconded by Schultz, to recommend to Council modification of the Zoning Ordinance to revise the phrase "footprint" to instead be worded as "habitable space". Motion ~arried unanimously. SIMPLE SUBDIVISION Jan Niska - 4720 West Lane The Planner's Report explained that Mr. Niska would like to divide off approximately 14,000 square feet of his property located at 4720 West Lane and convey it to his adjoining neighbor, Mr. Torn Bodin. Mr. Niska stated that he would like to cut back to dividing 12,000 sq. ft. instead. The result would leave Mr. Bodin's lot at 70% of the buildable area requirement needed for a buildable lot. Reese moved, seconded by Schultz to recommend to Council approval of the subdivision/ combination subject to the Planner's recommendations: 1. That as a result of the subdivision/combination, Mr. Bodin's parcel contain at least 28,000 square feet. 2. The applicant must provide surveys and new legal descriptions for the reconfigured lots. 3. The survey for the Niska property must show the designated wetland area limits. A conservation easement must be provided over the wetland area. - 3 - MINUTES PLANNING COMMISSION MEETING TUESDAY, JULY 1, 1986 ~ Jan Niska, Simple Subd., continued: 4. D~ainage and utility easements 10 feet on each side of all rear and side lot li~es (both lots) must be provided by the applicant. 5. Since the division/combination does not result in any additional lots, park dedication fees are not required. 6. The applicant and Mr. Bodin must both submit an up-to-date title opinions (within the last 30 days) for review by the City Attorney. The reason for the recommendation to approve is that Mr. Bodin would have a hardship since he would not own a buildable lot without the additional land. Motion carried unanimously. 8:10 PM PUBLIC HEARING - VARIANCE AND CONDITIONAL USE PERMIT TO EXPAND A NONCONFORMING STRUCTURE John Hodgdon - 25830 Birch Bluff Road Public portion of the public hearing opened at 8:54 P.M. Mr. Hodgqon would like to add onto his house located at 25830 Birch Bluff Road. The house is only 4.5 feet from the west side lot line and the Zoning Ordinance requires 20 feet, therefore he needs a C.U.P. to expand. He proposes to extend the addition along the west side of the house 6 feet from the side lot line and needs a variance to do so. He stated that the main reason for building on the west side is to accommodate drainage on the east side, and maintain proper egress of a downstairs bedroom. He also pointed out that the addition is adjacent to and extends no further forward than his neighbor's garage. He also plans to remove two nonconforming garages on the south end of the property. Council Liaison Stover conveyed a message from Mr. Hodgdon's neighbor, John Bridge, that he supports the proposal whole-heartedly. Public portion of the public hearing closed at 8:57 P.M. Spellman moved, seconded by Reese to recommend to Council approval of the variance and C.U.P. on the condition that the addition be built no closer than 10 feet from the west side lot line (as provided for in the previous zoning ordinance), and further subject to the Planner's recommendations: 1. The two old garages should be removed within six months of the date the building permit for the new addition is issued. 2. .Site grading for the new addition should be subject to review and approval by the City Engineer. Motion carried unanimously. - 4 - ".$ , . MINUTES PLANNING COMMISSION MEETING TUESDAY, JULY 1, 1986 8:20 PM PUBLIC HEARING - CONDITIONAL USE PERMIT - SPECIAL HOME OCCUPATION PERMIT Robert Wichterman - 5385 St. Albans Bay Road Public portion of the public hearing opened at 9:14 P.M:- Mr. Robert wichterman would like to purchase the property' at 5385 St. Albans Bay Road subject to his obtaining a C.U.P. for a special home oc~upation of operating an upholstery shop out of the home. The applicant would be eligible for just a limited home occupation permit except that he will need the use of accessory space (garage) from time to time. Larry Buesgens, 20090 Excelsior Blvd., said he is not opposed to the specific proposed use of this property, but is concerned about setting precedence for commercial use of the area. The Commission responded that a home occupation does not effect a change in zoning, and is governed by the conditions of the C.U.P. Barbara Martin, 20185 Excelsior Blvd., asked what are the provisions which regulate a special home occupation permit? Planner Nielsen read the applicant's statement addressing their intent to comply the the provisions of Section 200.03 Subd. 12 of the Shorewood Zoning Ordinance. Beth Scheele, 925 Excelsior Blvd., stated that she currently resides next to the applicant's home in Excelsior in which they conduct their business and said there is absolutely no problem or interference in the neighborhood. Public portion of the public hearing closed at 9:25 P.M. Comm. Watten asked about material delivery and refuse disposal. Mr. Wichterman said UPS delivers some materials and he picks up others. Their waste is minimal and is handled by their regular residential garbage pickup service. Spellman moved, seconded by Reese to recommend to Council approval of the C.U.P. Special HOme Occupation Permit subject to the Planner's recommendations: 1. The initial permit is valid for one year, at which time it will be reviewed by the City. Any subsequent permits will be reviewed every three years. 2. Use of the garage should not result in future requests for additional garage space. 3. No exterior storage of materials or equipment should be allowed. 4. No signage is allowed. Motion carried unanimously. -- 5 - , ~ MINUTES PLANNING COMMISSION MEETING TUESDAY, JULY 1, 1986 8:30 PM PUBLIC HEARING ~ CONDITIONAL USE PERMIT TO EXPAND A NONCONFORMING STRUCTURE David McCuskey - 5250 Howard's Point Road Public portion of the public hearing opened at 9:30 P.M. The McCuskeys have proposed to add a wooden deck to the south side of their home. Since the house is only 35 feet from the road r~o.w. in a 50 foot required setback district they need a C.U.P. The proposed deck would be built on the south side of the house and will not encroach on the required setbacks. Public portion of the public hearing closed at 9:31 P.M. without comment. Spellman moved, seconded by Schultz to recommend to Council approval of the C.U.P. as per the Planner's recommendations. Motion carried unanimously. MATTERS FROM THE FLOOR None. REPORTS Council Liaison Stover reported on:the following issues brought before the Council: The Council did not agree with the Planning Commission's decision regarding the Schafer variance request for a dock. False alarms for fire and police. Garbage Ordinance. No-Parking Signs at Christmas Lake. Tingewood Development. S.E. Area Water Proj~ct bond. Highway 7 Corridor Study. ADJOURNMENT Spellman moved, seconded by Schultz to adjourn the meeting at 9:40 P.M. Respec~fully submitted, Patricia Helgesen Planning Assistant - 6 - CITY OF SHOREWOOD PARK COMMISSION MEETING MONDAY, JULY 7, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:30 PM M I NUT E S CALL TO ORDER Chairman Schmid called the meeting to order at 7:32 PM (due to lack of quorum until this time). ROLL CALL Present: Chairman Schmid, Commissioners Jakel (7:00), Laberee, and Vogel (7:30 _ called ahead of time); Council liaison Shaw and Deputy Clerk Niccum. Absent: Commissioners Lindstrom (child ill) and Jurgens APPROVAL OF MINUTES Jakel moved, Laberee seconded, to approve the minutes as amended. MOtion carried unanimously. SILVERWOOD PARK GRADING PLAN Planner Nielsen had suggested that the Park Commission recommend to Council that they approve a grading plan so that when the City is offered free fill, they will know how much is needed. Jakel moved, Laberee seconded, to recommend to Council to have Administrator Vogt arrange to have a grading plan done of Silverwood Park. Motion carried unanimously. FOOTBALL FIELD Commissioner Laberee will get two bids for: 2" of friable loam, sodding, and labor--the bids will be two-part, one to include the picking out of rocks. The bids will be presented to Administrator Vogt, he will pass them on to ~ouncilman Shaw, hopefully in time for the Council meeting of July 14th. The Commission questions whether or not the field will be playable at all this year but will discuss that issue at a later date after they have received more information. Regarding the rock problem, the Park Commission also discussed asking Administrator Vogt to either ask Public Works to pick and rake rock, or to consider the idea of hiring a couple teenagers from "Rent a Teen", figuring the cost might even be cheaper that way. They also discussed the possibility of the rock removal being part of the negotiations with Aspen Excavating Inc. (7400 Metro Blvd, Suite 417, Edina, MN 55435). No matter how it is done, a record should be kept of time and expenses, possibly to be used in negotiating with Aspen Excavating Inc. The Commission is aware that there are three bills that will be held and poss- ibly negotiated upon; the one for dirt, one for grading, and one for rental of a small cat. -1- ~ PARK COMMISSION MINUTES MONDAY, JULY 7, 1986 page two MANOR WARMING HOUSE Commissioners Jakel and-Lindstrom staked out the warming house/pavilion and the volleyball court. Planner Nielsen checked both locations and said he felt they would be fine in that location. Jakel and Lindstrom felt that the size of the warming house portion of the building should be enlarged 4', making the dimensions 20' x 20', plus a 4' utility/storage area, making the building portion 20' x 24". This would increase the size of the slab to 50' by 34' instead of 20' x 30'. One of the reasons for the increase being the possibility of rental. Jakel:also mentioned a pay phone. STUDY SESSION - SNOW MOBILE ORDINANCE DRAFT At 8:00 PM the Commission began their draft of the Ordinance, they did not work with the current Shorewood Ordinance at all but had copies of Ordinances from Chanhassen, Deephaven, Excelsior, Waycata, Mound, Tonka Bay, Long Lake, and Orono. They put together a draft which will be typed and presented at the first meeting in August. They discussed the possibility of suggesting to the Council that Excelsior and Tonka Bay be contacted also and perhaps all three cities could have the same ordinance, thus making enforcement easier for the police department. ADJOURMENT Jakel moved, Laberee seconded, to adjourn the July 7th Park Commission meeting at 10:00 PM. RESPECTFULLY SUBMITTED, Sue Niccum Deputy Clerk CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMO TO: Shorewood Commissions and Committees FROM Dan Vogtt City Administrator DATE July 9t 1986 SUBJECT: Administrative Procedures This memo is intended to be an informative guide as to the procedures to take when looking to complete a specific task. It is especially important that this guide be followed when purchases of goodsor services are intended. 1 realize that some of the contents of this memo do not apply to every City Commission and/or Committee. Howevert 1 feel the overall intent of the memo should be known by you all. 1. If you are looking for a staff member of the City to perform work for your group which is above and beyond normal staff support to your groupt the request is to come to me at which time 1 will make the decision as to the request. C()mmission/Committee Members are not to direct any extra services to be done by staff unless 1 am aware of it and approve of it. 2. The actual purchase of any goods and/or services must be approved by me. In normal circumstancest the good or service will not be authorized for purchase unless 1 know exactly what is being purchased. At times, 1 will look to the appropriate City Department Head for recommendation. 1 will then make by decision based upon his/her recommendation. In any event which occurs that involves extra staff time over and above normal staff sup.port, or involves the purchase of goods and/or services on behalf of the City that the City Council has not acted ont 1 will make the decision as to the appropriateness of the request. If we disagree on the decision, all movement on the request will cease. The request will then be discussed at the next regularly scheduled Council meeting. The City Council will then make the final decision on the request. In most instances, the request will be in the form of a recommendation which was made through formal action of the Commission/Committee and already approved of by the Council. However, in those other instances, I will make the decision as outlined above. The City Council has requested that I wri~e you this memo so that there is no question as to the proper provedure to follow in order to complete a task which you wish to have done. Please contact me at any time if you wish to discuss this issue. cc: City Council, Department Heads A Residential Community on Lake Minnetonka's South Shof'fJ .. SHOREWOOD MEMO: DATE: 7/8/86 TO: Mayor, Councilmembers, Commissioners FROM: Dan voIfjYshorewooo City AOministrator Attached you will find a Notice of Public Meeting to be held on Wednesday, July 16, at 7:00 P.M. at the MinnetonkaCity Hall. The Agenda for the meeting deals with the Highway 7 Corridor Study being done to consider problems and issues along the Highway 7 corridor from Highway 101 to the western border of Chanhassen. The meeting notice explains the purpose of the meeting and includes an agenda. Contact me if you have any questions. DJV: em .' \ .' METROPOLITAN COUNCIL Suite 300 Metro Square' Building, Saint Paul, Minnesota 55101 NOTICE OF A PUBLIC MEETING TO OISCUSS ROADWAY ALTERNATIVES IN THE HIGHWAY 7 CORRIDOR _- Wednesday, July 16, 1986 7:00 P.M. Minnetonka City Hall This is the second of three major public meetings to be held to discuss the issues and problems on Highway 7 and alternative solutions for resolving these problems. The purpose of the first public meeting, which was held April 2, 1986, was to obtain public input regarding issues and problems on Highway 7. The purpose of this second meeting is to present potential alternative solutions to these issues and problems and to obtain public input on the alternatives prior to the deta;l~d evaluation and selection of a preferred alternative. The third meeting, presently planned for late August/early September, will be to present the results of the detailed evaluation of the alternatives and the recommended plan for Highway 7~ The study area boundaries are from Highway 101 on the east to the western border of Chanhassen and from Lake Minnetonka south to approximately Highway 5. The proposed agenda is outlined below. For additional information call Ann Braden (291-6525). AGENDA j,". ~ 7 1. Int~qdu2tton-~ Organization of Meeting~ Metro Council Staff 2. ~S:t./J~Y Backg-round- Review of Issues and Data, BRW, Inc. Staff . '. I 3. present~tfon of Alternatives - BRW, Inc. Staff . - '., ".' ;. . , ' 4~~Gro~p Discussion of Alternatives By Area - TH 7 PMT Members '. "t-, .. . ~: .. 5.Surrmary of Comments on Alternatives - BRW, Inc. Staff 6. Adj ournment " '1It ~ CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: FROM DATE SUBJECT: MAYOR AND COUNCILMEMBERS DAN VOGT --1fJ1! JULY 11, 1986 WEDGEWOOD DRIVE REPAIRS A meeting was held on Thursday, July 10, 1986, at 4:00 P.M. to discuss repairs to Wedgewood Drive. Those persons present at the meeting were Councilmembers Shaw and Gagne, Jim Dutcher and me. After discussion of the problem, the following is recommended to be drafted into a memorandum of agreement between the City and Mr. Dutcher: 1. That it is the City's obligation to maintain its streets and roadways. 2. That Mr. Jim Dutcher has offered to perform repair work to Wedgewood Drive as an independ~nt contractor. 3. That the City agrees to allow the work to be performed by Mr. Dutcher. 4. That the project is being done in this manner as an experiment. 5. That the scope of work is not that as has been proposed by the City Engineer. 6. That the scope of work will include: dig-out and replace with good material those portions of Wedgewood Drive where poor soils have surfaced, place a fabric mat on the street over the existing surface, place a 3 inch bituminous overlay over the fabric. 7. That the work will be performed only on the most easterly approximately 300 feet of Wedgewood Drive including the cul-de-sac. 8. That if the work is found to be acceptable to the City in one year from the date of completion, the City will pay Mr. Dutcher an amount of $12,000 plus interest at a rate of 2 percentage points over the prime rate at the date final payment is made tothe contractor doing the work. 9. That lien waivers be forwarded to the City by the contractor who performed the work. rJP p V~ It g 10. That the contractor doing the work provides the City with a certificate of insurance showing all coverages and limits. Members Shaw and Gagne will hopefully be able to answer any questions you may have relative to this proposal. Also, Attorney Froberg will be prepared to discuss this issue with you at the meeting. cc: Glenn Froberg Jim Dutcher A Residential Community on Lake Minnetonka's South Shore #./~ CITY OF . SHOREWOOD MAYOR Robert Rascop COUNCil Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 July 14, 1986 Aspen Excavating, Inc. 7400 Metro Boulevard #417 Edina, MN 55435 Re: Shorewood P.o. No. 8111 Football Field Black Dirt Dear Sir: I am writing in regards to the black dirt which was hauled to the football field at Badger Park in the City of Shorewood. The City is concerned about certain aspects of the dirt which was delivered. In authorizing the expenditure for black dirt for the football field, the Shorewood City Council made it clear that we were desirous of obtaining pulverized black dirt. The selection of the dirt was subsequently made whereby your firm would haul in the dirt. Upon inspection of the dirt, it was found that the material which was deli~l.red was definiti~ly not the pulverized dirt which the City Councilff~a~tc~~The dirt was also found to have many foreign substances in it such as rocks_, concrete, clay and some glass. The Council is of the opinion that this is not the material that was ordered. Therefore, the City will not pay for the material unless there is a resolution of the differences as to the material ersQrQQ and the material delivered. A1A rHb t I Z t;"!J The City is hopeful that this ~ssue can be resolved quickly to the satis- faction of both parties. Please feel free to contact me at your convenience to discuss this issue further. Sincerely, CITY OF SHOREWOOD Daniel J. Vogt City Administrator cc: City Council Glenn Froberg Park Commission Sue Niccum A Residential Community on Lake Minnetonka's South Shore \ 1 I J. i , \ ORR.SCHElEN. MAYERON & ASSOCIATES, INC. Consulting Engineers Land Surveyors July 14, 1986 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Dan Vogt City Administrator Re: Street Project No. 86-3 OSM Comm. No. 3801 Dear Dan: At the May 12, 1986 Council meeting, we discussed doing the following work during the 1986 construction season: A. S.ithtown Road (Sub-Grade Correction and Storm Sewer) Boulder Bridge Drive to Howards Point Road B. Vine H111 Road (12" Overlay) Hanus Road to S.T.H. #7 C. Eureka Road (Storm Sewer/Ditch Correction) D. Seal Coating (6.27 Miles) Bids have been received on items "AII and "B" above. A bid tabulation for Smith- town Road is attached. We recommend the project be awarded to the low bi dder Volk Trucking & Excavating, Inc., 8470 Galpin Boulevard, Chanhassen, MN 55317, in the amount of $155,312.96. Item "BII, Vine Hill Road Overlay, was bid as part of the City of Minnetonka's overlay program. The preliminary information from Minnetonka is that Hardrives, Inc. was the low bidder at a unit price cost of $20.15/ton. If the final agreement from Minnetonka addresses these units and these costs, we recommend Shorewood proceed with awarding the contract to the low bidder Hardrives, Inc. Items "C" and 110" have not been bid yet. These items may have to be amended to stay within the budgeted amount of $250,000. Following is a recap of the pro- posed costs on Items "A" - 11011. 2021 East Hennepin Avenue. Suite 238 . Minneapolis, Minnesota 55413 . 612/331- 8660 Page Two Mr. Dan Vogts Administrator July 14s 1986 ITEM A. Smithtown Road Engineerings Surveying & Inspection (Estimated) B. Vine Hill Road Inspection (Est.) C. Eureka Road (Total Project Cost Estimated) D. Seal Coating (Est. 5.1 Miles) Engineering and Inspection COST $155,312.96 $ 21,763.32 $ 20 s 150 . 00 $ 344.00 $ 12s000.00 $ 36,210.72 4s219.00 TOTAL PROJECT COST ................................ $250,000.00 We will proceed with Item "011 s the seal coating projects during the month of August. Work on Eureka Road must wait until the easements have been obtained. If you have any questionss please let me know. Respectfullys ORR-SCHELEN-MAYERON & ASSOCIATESs INC. \\.. pJY; C7!"--- J<'v~ . II~tL~ James P. Nortons P.E. Project Manager JPN:mlj cc: Phil Tipkas OSM "e;: BID TABULATION for Street Construction, Storm Sewer and Appurtenant WorK Pr- oj ec t No. 86-3 for the Ci ty of Shorewood Hennepin County, Minnesota Bid,:; Opened Orr-Schelen-Mayeron & Associates, Inc. .]ul:;.' 11,1'7'86 11 : 30 Ar-,'J CONTRACTOR BID SECURITY TOTAL BID ============================================================================== ____~~~~~E~~k!~~_~~~~~~~~~~~!~~~_________________________~~_______~~~5~~~~:~~___ Hardrives, Inc. 5% $179,640.00 ------------------------------------------------------------------------------ valley Paving, Inc. 5% $189,206.45 -----------------------------------------------------~--------)~-------------- Preferred Paving, Inc.. 5% $195,377 . 45 -------------------------------------------------------------------------~---- -----------------------------~------------------------------------------------ ---------------------------------------------~-------------------------------- ------------------------------------------------------------------------~----- ----------------------------------------------------------------~------------- ------------------------------------------------------------------~----------- ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ -------------------------------------------------------------------------~---- I hereby certify that this is a true and correct tabulation of the bids as recieved on JUlY 11, 1986 By: 0/~? ~ -~or~ Marc S. Mogan, P.E. 14821 * Denotes Corrected figure Commision No. 033-3801