The URL can be used to link to this page

092286 CC Reg AgP \ " CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 22, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUBRQAD 7:30 P~M. . . AGENDA CALL TO ORDER A. B. Pledge of Allegiance Mayor Gagne Rascop Haugen ../ Shaw ./ Stover II / Roll Call 1. APPROVAL OF MINUTES A. Regular Council Minutes - September 8, 1986 (Att #1 - Minutes) 2. MATTERS FROM THE FLOOR A. B. 3. PLANNING COMMISSION REPORT A. B. 4. .PARK COMMISSION REPORT A. B. 5. CONSENT AGENDA A. Request to Reduce Letter of Credit - Covington Vine Ridge (Att #5A - Information) B. Street Lighting Request - Near Mountain (Att #5B - Information) C. Acceptance of Work Completion for Badger Park Football Field (Att #5C - Memo) D. Public Works Equipment Purchases (Att #5D - Memo) -1- " \. COUNCIL AGENDA MONDAY, SEPTEMBER 22, 1986 .,l:>J. CONSENT AGENDA - cont. E. Occupancy Permit/Building Permit - Shorewood Tanning Center '"' i \ t>J;) Moved ~~) Seconded ~IV voteW 6. WCL ACRES - FINAL PLAT AND DEVELOPMENT ,AGREEMENT (Att #5E - Memo) ~~ -:' Applicant: Richard Larson Location: 23645 Yellowstone Trail -< .t, '~ '\ /' -5 \:" (Att #6 - Development Agree- ment - Resolution) MANITOU PROPERTIES - SITE PLAN AND C.U.P. , \; :\c, , \\ ""',' ",.1). ", \ '3. ", 't:~' . Applicant: Manitou Properties, Inc. Location: 5620 County Road 19 (Att #7 - Staff Reports) 8. GULLIFER C.U.P. AND SETBACK VARIANCE DISCUSSION 20655 Manor Road (Att #8 - Memo) 9. WILD DUCK 2nd ADDITION - OUTLOT DISCUSSION Jim Dutcher - Wedgewood Road (Att #9 - Information) 10. ATTORNEYS REPORT A. Findings of Fact Sidwell (Att #10 - Resolution of Denial) B. Water Tower Site Condemnation Statu~ C. 11. ENGINEERS REPORT A. B. -2- -3- ..- CITY OF ~HO~EWOO~ REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 8, 1986 tlLNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order at 7:30 P.M., September 8, 1986 in the Council Cham- bers by Active Mayor Gagne. PLEDGE OF ALLEGIANCE AND PRAYER Acting Mayor Gagne opened the Council meeting with the Pledge of Allegiance and Prayer. ROLL CALL Present: Acting Mayor Gagne, Councilmembers Stover, Haugen and Shaw (arrived at 7:37) (Rascop absent) Staff Present: Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt and Clerk Kennelly. APPROVAL OF MINUTES Haugen moved, seconded by Gagne, to approve the minutes of the August 25, 1986 Council meeting as written. Motion carried - 2 ayes - 1 obtain (Stover-because she had not attended the meet- ing) (Shaw and Rascop absent) (Shaw arrived at 7:37 P.M.) MATTERS FROM THE FLOOR Pat Gorecki informed the Council of a meeting being held at the St. Louis Park Recreational Building on garbage collection. The meeting is being put on by the Met Council and the Municipals. Planning Commission Stover did not attend the last meeting but she referred to the minutes submitted in this packet. Continuation of Matters from the floor The Hennepin County Park Board is looking for Parks on Lake Minnetonka. Gagne will attend their next meeting of September 20, 1986 from 10:00 A.M. to 2:00 P.M. - Presentation to Paul Fasching Haugen Made a presentation to Paul Fasching of 26450 West 62nd street for responsible actions in waking up a family to alert them, their home was on fire. The family was uninjured because of his awareness and quick response. -1- I t> COUNCIL MEETING . SEPTEMBER 8, 1986 page two . Consent Agenda Approval of Payment - Project 86-1B - Deepwell Voucher #1 Council approved payment of $29,355~OO to E.H. Renner & Sons, Inc. under Voucher #1 of the SE Area Deepwell - Project # 86-1B. Approval of Payment - Project 86-1A - SE Area Watermain - Voucher #1 Council approved payment of $93,277.62 to Latour Construction under Voucher #1 of the SE Area Trunk Watermain, street sur- facing, Project #86-1A. Approval of Payment - Project 86-3 - Street Replacement - Voucher #1 Council approved payment of $90,854.26 to Volk Trucking and Excavating under Voucher #1 of the Smithtown Road replacement Project 86-3. Cable Commission Budget Approval RESOLUTION NO. 101-86 Council approved the Cable Commission's Budget as submitted per the Joint Powers Agreement. Merry Lane/Christmas Lake Access RESOLUTION NO. 102-86 "No Parking Signs" In accordance with the Agreement with the Christmas Lake Association, the Council approved replacement of the "No Parking" signs that are enforceable by the Police Depart- ment. Sign Permit - Near Mountain P.U.D. Council approved an 8' x 8' construction sign to be placed at the entrance of the Sweetwater project. Haugen moved, seconded by Stover, to approve the above listed items on the Consent Agenda as submitted. Motion carried by Roll Call Vote- 4 ayes. Garbage Ordinance Review Haugen informed the Council that Hennepin County is looking at a County wide recycling program, and the Met Council is studying an over all plan for disposal. Haugen moved, seconded by Gagne, to table further discussion on the Garbage Haulers Ordinance until June 1, 1987, and to Publi- cize the date of that meeting - Motion carried - 4 ayes. -2- COUNCIL MEETING. SEPTEMBER 8, 1986 page three . Garbage Ordinance Review - cont. Paul Albrecht asked if there was documentation on why the Council was pursuing garbage control. Gagne suggested that to obtain previous Council minutes on this matter. CUP and Setback Variance 27100 Edgewood Road Mr. Robert Bergstrand of 27100 variance and a CUP to expand a quest is to add a second story not expand the nonconformity. RESOLUTION NO. 103-86 Edgewood has requested a setback nonconforming structure. His re- to the existing structure, it will Haugen moved, seconded by Shaw, to grant the CUP and variance subject to the Planning Commission and Planners recommendations. Motion carried by Roll Call Vote - 4 ayes. ATTORNEYS REPORT Eureka Road Drainage Update All easements have been obtained that are needed to install drain- age up to Freeman Park, except Majestic & Albrechts. Albrecht has agreed to sign the easements at the completion of the sale of their property. Froberg will be arranging for an appraisal on the Majestic property, for a 10' permanent easement. Water Tower Site Condemnation Condemnation procedures to acquire ownership, instead of ease- ment rights, are proceeding. The appraisal has been reviewed and states that no additional value will be lost to the property because of the use for a tower site. Engineer Norton would like to begin soil boring tests. Froberg felt they could be started with the State's permission. He did estimate four to five months for the completion of the condemnation. SNOWMOBILE ORDINANCE ORDINANCE #183 Shaw moved, seconded by Gagne, to adopt the Shorewood Ordinance to include amended page 5 as submitted. Ordinance adopted 3 ayes- 1 nay (Haugen) by Roll Call Vote. 8:00 PM PUBLIC HEARING: Acceptance of Assessment Roll for the SE Area Trunk Water Supply and Storage Facili tYRESCDLUTION NO. .108.:....86 The Public hearing for the SE Area assessment rolls was opened by Acting Mayor Gagne at 8:00 PM for public comment. -3- COUNCIL MEETING. SEPTEMBER 8, 1986 page four . Acceptance of Assessment Roll for the SE Area Trunk Water Supply and Storage Facility - cont. Ed Bergslein asked if any other City residents would be paying for any of the costs of this improvement. Administrator Vogt explained that these project costs are totally assessed to the four subdivisions receiving ~he improvements. . After requesting and receiving no further public comments, Gagne closed the publiC portion of the meeting at 8:04 PM. Haugen moved, seconded by Gagne, to accept the assessments rolls as submitted. Motion carried by Roll Call Vote - 4 ayes. C.U.P - 5270 Howards Point Road RESOLUTION NO. 104-86 Mr. Jeff Fox of 5270 Howards Point Road was present to request a CUP to expand a nonconforming structure. He added a 8' x 29.5' deck without a permit but does not increase the nonconformity. stover moved, seconded by Shaw, to grant the conditional use permit subject to the Planner's & Planning Commission's recom- mendation. Motion carried by Roll Call Vote - 4 ayes. C.U.P - 20915 Radisson Inn Road RESOLUTION NO. 105-86 Dennis Jabs of 20915 Radisson Inn Road has constructed, without a building permit, a 27 x 27 deck. This structure increases the nonconformity of the home and is built over the lot line owned by Jabs. A CUP is necessary and the Planner has recommended that he combine his three substandard parcels into one which will then lessen the non-conformity of his home. Mr. Jabs would like to retain the lots as separate parcels. He is also objecting to the costs associated with a CUP, and double fees on building permit. Nielsen indicated that the unused portion of the CUP fee will be returned if requested, and the double permit fee was because no permit had been applied for prior to construction. Stover moved, seconded by Gagne, to approve the CUP in accordance with Planning Commission and Planners recommendations, lots to be joi.ned within 30 days, and the refund of an adjusted sewer assessment. Motion carried by Roll Call Vote - 4 ayes Denial of Setback Variance ?OOO Shady Island Point RESOLUTION NO. 106-86 Susan Sidwell of 5000 Shady Island Point was present to request a setback variance for a garage and dog kennel constructed with- out a permit. Nielsen felt there was adequate land available to build within the setback area. Ms. Sidwell would like to be able to leave the kennel with temporary building in the present lo- cation if the current building had to be relocated. -4- -ir:;t^.:.,,":' ~ ci COUNCIL MEETING ~ SEPTEMBER 8, 1986 page five ~ 5000 Shady Island Point - cont. Shaw moved, seconded by Stover, to deny the setback variance as recommended by the Planning Commission and Planner and directed the Attorney to prepare a findings of fact. Motion to deny was approved by Roll Call Vote - 4 ayes. SETBACK AND DRIVEWAY VARIANCE 24450 Smithtown Road RESOLUTION NO. 107-86 The Planner reviewed the previously submitted plans to expand the American Legion of 24450 Smithtown Road. They are requesting a variance at this time for their parking lot and driveways. Gagne questions the effect the tarred parking lot will have on run off in the area. There are plans for ponding that will main- tain the current rate of water run off. Haugen moved, seconded by Gagne, to approve the variance subject to the recommendations of the Planner and Planning Commission. Also to have drainage plans approved and receive approval from adjoining property owner for the ponding area. Proper circula- tion sign to be posted on the driveways. Motion carried by Roll Call Vote - 4 ayes. C.U.P. AND SETBACK VARIANCE CONTINVED 20655 Manor Road . v f Mr. and Mrs. William Gullifer~f 20655 Manor Road were present to request a CUP and setback~to add to a nonconforming structure. Discussion of zoning requirements at the time this home was con- structed took place, may not have been built as nonconforming. Relocation or plan changes may result in no need for avariance. Shaw moved, seconded by Haugen, to table for reconsideration of plans and return at the next meeting for ~g. Motion carried 4 /. - ) - ayes . () d':J.vfY WCL ACRES REQUEST FOR PLAT APPROVAL Mr. Gene Thomas represented Mr. Larson in his request for final plat approval for WCL Acres. \ Haugen moved, seconded by Gagne, to direct the staff to draw a rq development agreement to include the recommendations of the Planning Commission, Planner, and in accordance with the sub- division Ordinance also to include a current title opinion. Motion carried - 4 ayes. ~ Mr. Thomas asked to have the plat approved at to allow the new purchaser ~ existing house dtrigted that the agreement be drawn to allow move in prior to the closing. this time in order to move in. Council the purchase to -5- COUNCIL MEETING ~ SEPTEMBER 8, 1986 page six ~ COUNCIL SALARY ORDINANCE ~ ORDINANCE NO. 184 Gagne moved, seconded hv u~U~~lL, to accept the second reading and adopt the Ordinance increasing the monthly salaries for the Mayor to $200.00 and the Councilmembers to $150.00. Motion carried by Roll Call Vote - 4 ayes. ENGINEERS REPORT City Projects Statutes Report The sealcoating project will be started and completed this week. Shaw questions 'the placement of the Well for the SE Area on the Park property. He and the Park Commission were not aware of the relocation of the pump house. Norton stated that the building size and location were changed when the plans to install a water tower were made. Vogt felt there may have been oome miscommunication with the Park Commission regarding this change. He will discuss all Council actions regarding the Park Commission with the Park secretary in the future and he will be attending the next Park meeting to answer any questions they may have. Grading Permit Approval - Waterford Second Addition Norton has received a request for a grading permit to start work in the 2nd phase of Waterford. The development agreement and final plat are being prepared and will be submitted to the Council soon. Gagne moved, seconded by Shaw, to grant the grading permit sub- ject to their receiving approval from the Watershed district. Motion carried - 4 ayes. Due to the poor condition of approximate Iv 50'-100' of Lake Virginia Drive, Volk Trucking was asked to submit a bid for that repair. They are the company that is doing the Smithtown Road replace- ment project. When the bid is received the availibility of funds. will be determined. ADMINISTRATION REPORTS Meeting Dates Budget meetings will be held on September 23, at 7:30-work session, and September 29, at 7:30PM the public hearing to adopt the budget will be held. -6- . COUNCIL CHAMBERS SEPTEMBER 8, 1986 page seven . ADMINISTRATIVE REPORTS cont. Kennel Purchase A request from a resident to purchase the dog kennel at the City's new building was received. The Administrator will obtain an estimate of value on the kennel. Corridor Study - High School Slip Ramp A major part of the corridor study meeting discussed the slip ramp at Minnetonka High School. There was a major traffic jam at the School the first week after opening. The school was considering closing the ramp. Council discussed their disagree- ment with that closing. They felt alot of the conjestion was due to the construction at the school. Council stated their support in keeping the ramp open. COUNCIL REPORTS Community Services Community services has institued a new program at the Jr. High called the "connection". This will allow students to use the school facilities until 6:00 PM. Regional Transit Meeting The Regional Transit meeting will be held September 10, 1986. Administrator Vogt will be attending because Haugen is unable to do so. Wild Duck 2nd Addition Outlot Nielsen informed the Council that Mr. Dutcher was interested in developing his Outlot at the end of Wedgewood Road. He would like to build 4 homes and donate a portion to Tonka Bay for Park property. Council felt the property was to remain unbuildable in exchange for the density he received for his development. Nielsen found a copy of an easement that restricted this Outlot from being built on. This easement was not filed with the subdivision at the County. Shaw requested staff to obtain further information and require that the easement be filed at this time if it was stated as a condition of the plat. School Closings Information Council received a letter discussing the possible reopening of West Jr. High and possible closing of Excelsior or Minnewashta in exchange. -7- COUNCIL CHAMBERS4It SEPTEMBER 8, 1986 page eight """""~> . . School Closing Information - cont. Council directed a letter be sent indicating that due to the locations of the Schools, the Council feels that there would be a greater chance to find a use for the Excelsior building instead of the Minnewashta School. Complaints at Driskills Super Value Complaints will be addressed regarding the parked semi-trailers, for-sale vehicles, missing stop sign and poor condition of the parking lot. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the September 8, 1986 Council meeting ~t 11,0:37 P.M. s;ubj~ct to approval of claims. VV1 ,'\ ~/I/\i'J C.J,C,'Pf,l--.j)) c .I."I\",'~/h.),./r"-A"~"'.)/",\ ( 1'-.., ,I General Fund - Acct. # 00-00166-02 Checks #32443 - 32507 Checks #200556 - 200571 Total = $ 261,082.16 $ 8,301.41 $ 269,383.57 = Liquor Fund - Acct. # 00-00174-02 Checks #4869 - 4897 Checks #200572 - 200586 Total = $ 60,299.46 $ 2,766.27 $ 63,065.73 RESPECTFULLY SUBMITTED, Mayor Rascop Sandra L. Kennelly City Clerk SLK/slt -8- CHECK NO 32443 32444 32445 32446 32447 32448 32449 32450 32451 32452 32453 32454 32455 32456 32457 32458 32459 32460 32461 32462 32463 32464 32465 32466 32467 32468 32469 32470 32471 32472 32473 32474 32475 32476 32477 32478 32479 32480 32481 32482 32483 32484 32485 32486 32487 32488 32489 32490 32491 32492 32493 . . GENERAL FUND - BILLS PAID SINCE SEPTEMBER 3, 1986 TO WHOM PAID Public Empl. Retire. Assoc. State Treas. - Soc. Sec. D.O.E.R. - S.S. RET. DIV. Comm. Of Revenue The Bank Excelsior ICMA Retirement Corp. City-County Credit Union Child Support Enforcement AFSCME Local #224 Robert Rascop Jan Haugen Tad Shaw Robert Gagne Kristi Stover Baylon Leiferman Leo Meloche MN Gov't Fin. Off. Assoc. Arrowwood-A Radisson Resort A-I Minnetonka Rental Albinson American Planning Assoc. AmeriData Systems, Inc. American Linen Supply Co. Earl F. Andersen & Assoc. Associated Asphalt, Inc. AT&T Communications Bob's Personal Coffee Servo Chaska Parts Service Froberg & Penberthy, P.A. Hance Hdwe., Inc. Kraemer"s Home Center GAB Business Services Medcenters Health Plan Metro West Insp. Servo Midwest Animal Serv., Inc. Minnegasco Wm. Mueller & Sons, Inc. Munitech, Inc. Minnesota State Treasurer Navarre Hdwe. NSP Orr-Schelen-Mayeron & Assoc. PepSi-Cola Bottling Co. Judy Quaas Tonka Auto & Body Supply Water Products Co. Widmer, Inc. Wurst, Pearson, Hamilton, etc Zack's Inc. Metrop. Waste Ctrl. Corom. ,Volk Trucking & Excavating - 1 - PURPOSE AMOUNT $ 1,183.69 2,051.72 4.64 742.11 1,676.18 263.00 32.00 140.50 68.70 150.00 100.00 100.00 100.00 100.00 170.62 391. 14 75.00 111.30 66.00 5.00 116.00 252.40 141. 00 17.03 5,425.90 11.12 84.45 165.87 3,730.00 19.52 11.14 250.00 444.55 1,780.00 582.95 8.45 198.00 3,625.00 30.00 41. 34 1,580.59 9,199.80 61.45 110.89 78.64 953.28 55.00 2,513.50 11.76 2,351.25 90,854.26 08/03/86 payroll - PERA - FICA - Medicare - SWH - FWH - ICMA - Credit Union " - Income W/H Order " - Union Dues - Sept '86 Sept., '86 Mayor's Salary Sept., '86 Council Salary " " " " " " " " " CUP/Set Var. Application Refund Subd./CUP/Variances GFOA Annual Conference - Oct 15-17 " " " " Air Compressor Rental/Propane Gas Technical Reproductions Membership & Subscriptions Software Support/Printer Ribbons Laundry Serv - City Hall/Public Works Street Signs Redi Mix Asphalt/Tack/Pail Telephone Servo - City Hall Coffee, Filters, Cream, Sugar Equip Maint/Genl Supplies/Filters Legal Fees/S.E. Area/House Purchase Office Supplies - City Hall Oil Distr. - Equip Maint - Public Works Deductible-Property Damage Ins. Employee Health Ins. - Sept. '86 Bldg Insp - July, 1986 Animal Control - August, 1986 Utilities - Amesbury Well Tack Oil - Patching - Public Works Maint Serv - Sewer/Water - Sept. '86 DNR Permit 87-6011, Silver Lake Dam Equip Maint - Public Works City-Wide Electricity Engineering Fees - July, 1986 Pop Purchases - City Hall Janitorial Serv/Clean. Supp.-City Hall Equip Maint/Genl Supp - Public Works Water Meters for Resale Manhole Rings - Public Works Prof Serv-GO Imp Bond, Series 1986A Glass Cleaner - Public Works August, 1986 SAC Charges Street Const - Payment Voucher #1 CHECK NO 32494 32495 32496 32497 32498 32499 32500 32501 32502 32503 32504 32505 32506 32507 n. . GENERAL FUND - BILLS PAID SINCE SEPTEMBER 3, 1986 TO WHOM PAID Latour Construction E.H. Renner & Sons, Inc. Daniel J. Vogt Mike Merrigan Evelyn T. Beck Public Empl. Retire. Assoc. State Treas. - Soc. Sec. D.O.E.R. - S.S. RET. DIV. The Bank Excelsior Comm. of Revenue ICMA Retire. Corp. City-County Credit Union Child Support Enforce. Unit Warner's True Value Hardware PAYROLL CHECK LIST 200556 200557 200558 200559 200560 200561 200562 200563 200564 200565 200566 200567 200568 200569 200570 200571 Void Daniel J. Vogt Sandra L. Kennelly Susan A. Niccum Shelly L. Trinka Evelyn T. Beck Kathlee G. Schwankl Bradley J. Nielsen Patricia R. Helgesen Bradley J. Nielsen Charles S. Davis Dennis D. Johnson Daniel J. Randall Howard Stark Ralph A. Wehle Donald E. Zdrazil PURPOSE AMOUNT SE Area Water - Payment Vouch. 4F1 $ 93,277.62 SE Area Deep Well - Pay. Vouch. 4F1 29,355.00 Mileage - 7/29/86 thru 9/11/86 56.66 CUP Refund 61.08 Mileage/GFOA Mtg.- 9/4 & 10 22.91 09/13/86 payroll - PERA 1,162.83 " " - FI CA 2,015.59 " " - Medicare 1.12 " " - FWH 1,645.29 " " - SWH 731. 83 " " - I CMA 263.00 " " - Credit Union 32.00 " " - Income W/H Order 140.50 Shop Vacuum Cleaner 79.99 SUBTOTAL -$-261,082.16 Void 80 hrs 80 hrs 80 hrs 80 hrs 80 hrs 80 hrs 80 hrs 64 hrs Motor Vehicle 80 hrs 82 hrs 80 hrs 80 hrs 80 hrs 80 hrs SUBTOTAl TOTAL - 0 - 937.28 611.49 450.44 320.75 752.12 483.49 747.78 434.18 126.11 401 . 13 607.79 595.28 534.09 519.31 780.17 $ 8,301.41 $269,383.57 - 2 - CHECK NO 4869 4870 4871 4872 4873 4874 4875 4876 4877 4878 4879 4880 4881 4882 4883 4884 4885 4886 4887 4888 4889 4890 4891 4892 4893 4894 4895 4896 4897 . . LIQUOR FUND - BILLS PAID SINCE SEPTEMBER 3, 1986 TO WHOM PAID PURPOSE City of Shorewood 08/30/86 Payroll Reimbursement AT&T Communications Telephone Service BellBoy Corporation Liquor Purchases Carpet Country Installed New Carpet Day Distributing Co. Beer/Pop/Mise Purchases Eagle Distributing Co. Liquor/Wine Purchases East Side Beverage Co. Beer Purchases G & K Services Laundry Service Griggs, Cooper & Co. Liquor Purchases Intercontinental Pkg Co. Wine Purchases Johnson Bros. Wholesale Lig. Wine Purchases Jude Candy & Tobacco Co. Cigarette/Mise Purchases Mark VII Distributors Wine/Beer/Pop Purchases Minnesota Bar Supply, Inc. Misc. Purchases MN Suburban Newspapers, Inc. Advertising North Star Ice Mise Purchases NSP Utilities Old Dutch Foods, Inc. Mise Purchases Pepsi Cola Bottling Co. Pop Purchases Ed Phillips & Sons Co. Wine Purchases Prior Wine Co. Wine Purchases Quality Wine & Spirits, Co. " " RBKS Corp./Nelson Delivery Shipping Expense - Wine/Liquor Southwest Suburban Publishing Advertising Royal Crown Beverage Co. Pop Purchases Thorpe Distributing Co. Beer Purchases Twin City Wine Co. Wine Purchases Minnegasco Utilities City of Shorewood 09/13/86 Payroll Reimbursement SUBTOTAL PAYROLL CHECK LIST 200572 200573 200574 200575 200576 200577 200578 200579 200580 200581 200582 200583 200584 200585 200586 Russell R. Marron Robert F. Nash Christopher Schmid Donald Tharalson Stephen H. Thies Ross Nasset John F. Thompson John F. Josephson William F. Josephson Susan M. Latterner Steven D. Maeger Christopher J. Meyer Dean H. Young Joel S. Bovee Tim Stevens 80 hrs 32 hrs 41 hrs 13 hrs 19 hrs 20 hrs 14 hrs 26 hrs 80 hrs 34 hrs 61 hrs 4 hrs 80 hrs 15.5 hrs 8 hrs SUBTOTAL TOTAL - 1 - AMOUNT $ 4,189.57 1.22 868.70 3,393.00 4,748.82 '7,657.99 10,280.75 36.20 1,137.10 166.75 1,137.52 885.34 6,336.68 165.88 355.39 692 .15 465.65 136.73 654.85 1,117.09 750.99 527.53 214.00 223.36 148.55 9,743.38 410.74 56.30 3,797.23 $ 60,299.46 490.20 155.20 155.28 62.89 86.19 97.00 67.90 111.79 524.56 135. 77 263.85 19.40 482.82 75.18 38.24 $ 2,766.27 $63,065.73 . . . MAYOR Robert Rascop COUNCIL 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 MEMO TO: Mayor and Councilmembers FROM: Dan Vogt ~ DATE: September 16, 1986 SUBJECT: Request To, Further Reduce Letter Of Credit Covington Vine Ridge You may recall that a similar request to reduce the Letter of Credit for Covington Vine Ridge was approved by the City Council in May. This was accomplished per Paragraph 11 of the Development Agreement dated February 10, 1986 between the City and United Mortgage Corporation for the devel- opment known as Covington Vine Ridge. The Engineer for the developer has requested further reduction in the Letter of Credit. The original Letter of Credit was in the amount of $828,000. The current Letter of Credit is in the amount of $691,290. Documentation has been received in the form of Lien Waivers for a total reduction from the original Letter of Credit in the amount of $492,000. The City Attorney and City Engineer have reviewed the documentation and find the request to be acceptable. Said documentation and a sample Resolution is attached to this memo for your review. Based upon the information received and reviewed by staff, and, per Para- graph 11 of the Development Agreement noted above, it is the recommendation of staff to pass the attached Resolution approving the reduction in the Letter of Credit provided by United Mortgage Corporation to a new total Letter of Credit amount of $336,000. If this is your determination, I will then send a certified copy of the approving Resolution to Midwest Federal for the reduction. This item appears on the consent Agenda of your September 22 Council meeting for your consideration. Please contact me if you have any questions relative to this matter. DJV/slt cc: Glenn Froberg Jim Norton Brad Nielsen Ron Helmer McKombs-Knutson Enclosures A Residential Community on Lake Minnetonka's South Shore 511 u IIEC1IIP 1 0 i~ McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS. LAND SURVEYORS I PLANNERS Reply To: 12800 I ndustrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 September 9, 1986 Mr. Daniel Vogt, City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 SUBJECT: United Mortgage Corporation Covington Vine Ridge MKA 1/7577 Dear Mr. Vogt: Previously, we discussed the reduction of the letter of credit United Mortgage has with the City and the status of the subject project. The site grading, utilities and street construction have been completed and tested with the exception of approximately 100 feet of storm sewer and the bituminous wearing course. The storm sewer should be finished this fall, while the wearing course is scheduled for next year. Enclosed please find lien waivers for site grading ($30,000.00), utilities ($194,000.00) and streets ($51,000.00). As you will recall, we previously submitted a lien waiver in the amount of $217,000.00 for site grading. The total amount paid to date is $492,000.00. In behalf of United Mortgage Corporation, we request that the letter of credit be reduced accordingly. If you have any questions, or need any additional information, please contact us. Very truly yours, McCOMBS-KNUTSON A~rOfI~lES, ,INC. " , ." l' ; /t '7t..J., 1:?1t I ,,};/ <: I .4 "'/ ., '0.; 1" Gregory /J. Frarik, P. E. '- GJF:jmj Enclosures cc: Ron Helmer, United Mortgage Corporation Peter Molinaro, Enebak Construction Company 1':'.'~--:i,//6;i'>''";~~i'.'i(~'~n~;:i'~ ~~;'.4,,:;:,{,'.'<t7' ,,!}-' ih< ;;;.:~~.k.il~a,:i~~~i-~';'~~,;;~~.:,a,~,uW~-;'\~" ;-"'-'i';~:+-"'~~"'"'~-1~~'''" ..~h'~"''f~$(''r''''-'''>-'';''; ~.~. ,'~ " '>,,-,~..:.. . '~....'...;.>..-:.;....., ~I"::'-~;';'i....->L:._-"-'" . , '1-"1"'~;:'- ..,.,~ T "~-~fliAI H. j ~1l" ,h.'.~.-'"", ; ! j , } ( M:l37-RECEIPT AND WAIVER OF MECHANICS' LIEN OSWALD PUIILIIHINQ CO.. NKW UL". MINN. ~fah~ nf jRinncsufa. l ,s. County of........___._.P.!!.~?!~._____..__._..........._.__. The Undersitned acknowledtes havint received payment of ___lbJ.I~Y...r.llmJ.$.~J.:l..(t.g..Ql.J.{!I.~..~.mLn911Q.Qm.........___._..............................m...............D 0 LLA RS ('...1Q..tQ.QQ.!.QQ) Iro m.._._.!J.J.:l..:bt.~.g..tlQIJ.g~.&g...Q9X.P.9X.{!XJQJ.:l..........._....m....m................m................. .............., in lull payme n t of all m.m..' .....$ i t g... ~ I.~g .::!-.nK .m.....m.m.m m.. m......... ....... ...m.. ......m.....'''','''_'''''''''' m......_........ ....n... .... .....___ ......... ........... m....... by'the u nd ersitned delivered or lurnis l! ed to (or performed at) __~.9.:YJ-_!!~.~.~.!.lmY.~.!!~...~.;.<1~.~.]....~~9E~~??d, Mn ._._----_.~.- ~..- -.-- ---- -- -- ..--...--.---. --. -_.~ _.._~.. -- - --......-.. ...--- .-.....--.......--- - .-------..-........--..............-......---.- _....-- -.-.....---....---..--..---... .-...............---..- ..-..-..- -. - -. - . . .. -.. -...-.-- and lor value received hereby waives all rithts which may have been acquired by the under~igned to file mechanic's lien atainst said premises lor labor, skill or materiallurnished to said premises prior to the date hereol. Dated, ..__..~~J~~~.~~~E...~...........___..........., 19..~.?. .~tJ:.uc.ti.o.n..c.Qmpan1)v....--...........---.. ~-~----'/1l-~u se.c.t:e.t.arY-::I.:t:eaaur.er..!........ Address .~...Q ....>>.Qx..A5.a......NRX".tb.t.1,e.ld_....tlJ.l.........__. ...... __....__.............nm............ 2..?Q2.?..m m.__ N. B.-It is important that the following directions be closely followed as otherwise the receipt will not be accepted: 1. This is a Legal Instrument and must be executed accordingly by officers of corporation and by ps.rtners in oo-ps.rtnership. 2. It is important that all blanks be completed and that the amount paid be shown. 3. If payment is not in full to date, so state: show unpaid balance and strike out last paragraph. 4. A receipt similar to this or legal ,,'aiver of lien rights ...ill be required for all plumbing, heating and plastering material, etc. 5. No erasures or alterations must be made. 6. PLUMBING, HEATING AND PLASTERING CONTRACTORS MUST SIGN STATEMENT ON REVERSE SIDE HEREOF. ~. \;:;,';'~~' ~";~;'~'i'~~rs:'1i.:~'- '~"''''i'';'';'''~; ~ '+~"~~:f-' "", (h~ :>:';'\N,j';""'':'~;&.M<il-1'':;';M~';'*.i~~~~''.::>. """"'~":~~"~.~"'~~'.I:'i~;dit:.,it~""'.'ft'"'''''''"_iw!:. "'"' ,,,,,';;a.,...,',,,",,,,,,,,,,,,, ;.; ....."""'--.-,. . =........ -'I ,~~ 1 ~ -"~ ,,10 ' ~.~~~ "'-''''L'lJ-'h M137-RECEIPT AND WAIVER OF MECHANICS' LIEN OSWALD I'UBLlaHIHO CO.. NKW ULM. M.NN. ~tatt nf JRinntsnta. I $s. County 01 ..........P.2.~~_t:.?m.._.....m._mm__m..... The Undersitned acknowledtes havint received payment 01 ...o.n.e__HJJ..ndx.~d...nj..IJ!;Y:=f..9.Y!m'J;D.QY.l?~Dg....P..9Jl~I.!?..J!J),Q..IlQiJQ.9.........m........__m..D 0 LLA RS (1.19.4~o.OO...OO) Partial Irom._.!LI}.:!-.t~.(;tJ1.QI.tg~.&~..y.Q!..2QJ.?~JQDm.m__.._...mm....m........__m..mm...____m.__ .m.......m, in ftli,'t payme n t 01 all Utilities Construction ............ ......_. ~...._ _ _ .._ .._..._ ........ ~..... ..........___.... _._. ..... .._.. ~. ~ ~ ~.............._........................_................. .... ......................... ...... .6. ~ ...._.,.. ... .......... ........ ....... by the u ndersitned delivered or lurnis 71 ed to (or perlormed at) ...c..01ling.ton..\line...Ri.dge.....ShoI.ewood, Mn and lor value received hereby waives all rithts which may have been acquired by the under~i~ned to file mechanic's lien a~ainst said premises lor labor, skill or materiallurnished to said premises prior to the date hereol. Dated, ....Sep.t.ember...8.,...,.........m__mm.' 19..8.6.. ~l' ...... b~~...9.~.~~.~.;:l-!.:.!:!g.!!...<;:.~.Y.......__.........m__ B~~~~:;;~::::~::: A ddres s J!...O. ....~.Qz...~5.e......NQr.tb.f.j"eJ.d.,...Mn...............__. ................................... ...5..5.05.7........... N. B.-It i. important that the folIowing directiona be clooely folIowed as otberwise the reoeipt will not be accepted: 1. Thi. is a Legal Instrument and must be executed accordingly by officers of corporation and by partners in <>>-partnership. 2. It is important that all blanks be completed and that the amount paid be .hown. 3. If payment i. not in full to date. .0 .tate; .how unpaid balance and .trike out last paragraph. 4. A receipt .imilar to this or legal waiver of lien rights will be required for all plumhiDll. heatiDll and plasteriDll matcrial. etc. 6. No erasures or alteration. must be made. 6. PLUMBING, HEATING AND PLASTERING CONTRACTORS MUST SIGN STATEMENT ON REVERSE SIDE HEREOF. / M137-RECEIPT AND WAIVER OF MECHANICS' LIEN OSWALD 'U8LlaHINQ CO.. HaW ULM. MINN. ~fat.e uf jRinn.eSutCl. I 18. 00 un ty 01 .........uako.t.a......._... ......_.... ..... ..___.. The Undersitned acknowledtes havint received payment 01 .f..1.f_U.::QJl~..J'.h9.\lJHtmLQ&1-Jgx.~L.?mL.D.Q.L !.QQ...........m............m..._m...m.....m.........D 0 LLARS (1..~.!.l.QQ.Q.!.Q.Q..) Partial fro m._!J.nj,J;.~g...tlQx.t..&.?gg...Q.Q.~l?.Q.~g.t.~g.~...............:..................m......................... .............., in~l payme n t 01 all .......... ...~t r ~.~~...Q g.~~!.~ !-!f.t!.Q.~.......... '"''.''''''' ....... ........ ................. .................................. ............ ............ ......... ........... ....... by the u ndersitned delivered or lurnis 11 ed to (or performed at) SgY..~!!-.8..!:~.~..Y.~!!-.~...~~Q.g.~.~...~H}.QE~.~g.<?d, Mn and for value received hereby waives all rithts which may have been acquired by the under~igned to file mechanic's lien atainst said premises for labor, skill or material furnished to said premises prior to the date hereol. Dated, ....Sept.emher...8.mm.........m...m.' 19m86. ~ ~=:~: _a _~=::_ ..se.c..t:e.t.ar.y:::l'.1:easufr.......... Add res s ..E... O.....B.o.x...4.5B.....N.or.t.hfiel.d.....MJl................ ................................... ....?2.Q. ?1..... ..... N. B.-It is important that the following directions be closely followed.... otherwise the reoeipt will not be accepted: 1. This is a Legal Instrument and must be executed accordingly by officers of corporation and by partners in e<>-partnership. 2. It is important that all blanks be completed and that the amount paid be shown. 3. If payment is not in full to date, so st.ate; show unpaid balance and strike out I....t p......graph. .. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering matcrial, etc. 5. No erasures or alterations must be made. 8. PLUMBING, HEATING AND PLASTERING CONTRACTORS MUST SIGN STATEMENT ON REVERSE SIDE HEREOF. , _"."...._...".... '_'n_ _ __ w__ "."... .____,~..__.n~....._".,....._m_Mq ...mm_m"'_._......'.....m~m_ _.n'.""""" M137-RECEIPT AND WAIVER OF MECHANICS' LIEN OSWAL.D P'U8LISHINQ co.. N.W UL". MINN. Oounty ~~.::~~~~~~~-~--_._-}... The Undersitned acknowledtes havint received payment of ?Y~.~~~~E~~...~~.y'~~~~.~~...~!?~~.,:,:~~...~~~..~~!..!Q9.:::-.::..:::-.:::-.:::-.::.............DO LLARS (1.?~Z.~.Q9.Q.~g.Q) Partial from._l!E..~E.~.~..~~!.~~.':':~~................................ ............................................................ .............., in ~ payme n t of all ~~.~~. ..l?!. a ~.:!:~~.......... .......................... ....... .....__. .......................... ........................................................... ........ ...... ............... ..... by the u ndersitned delivered or furnis 71 ed to (or performed at) ..c.QY.1.D.gtQ.u..Y..1.n.~..Rid~~~...Sb.o.xe.wQ.Q.d, Mn --...-........-...........------ ---- ---- --..... ------..-.. -......-----.. --- -......-..-... ...-.. ......-.....--......... - ----- ....-....----....------........--------....--....---....-....-- -.....-----.---......---......- -------.........-........-............ - ... --- -............- ....------..--------..---...-...---....----------.--...-.......--...........---...-........-..'" ............----....---- ...-----..----------....----....---.....---..----......----.................. .................-...........................-.............. ...........-.......... and for value received hereby waives all rithts which may have been acquired by the under;,i~ned to file mechanic's lien atainst said premises for labor, skill or material furnished to said premises prior to the date hereof. Dated, unhll~~g.~1?gXnJJn......h..............., 19Jt~.. -~U:]t.i.~'".~~~P_.."I__./2_............m... By..... . ........... ..~n'W~... .~gf:.r.g.t~!:Y::1.r.~fJ..~:-:~~:(j......... Address ..X~9.~...~.?~...~?~.!.n~?.!.~~.~.!~.!~.L.~..............n .................................. ......2 ?.Q2.7......... N. B.-It is important that the following directioDll be cloeely follDwed as otherwise the reoeipt will not be accepted: 1. This is a Legal Instrument and must be executed accordingly by officers 01 corporation and by partners in llO-partnership. 2. It is important that all blanks be completed and that tbe amount paid be shown. 3. If payment is not in full to date. so st.ate: shDW unpaid balance and strike out last paragrapb. <l. A receipt similar to this or legal ,,'aiver 01 lien rigbts will be required fDr all plumbing. beating and plastering matcrial. etc. 5. No erasures or alteratiDDlI must be made. 6. PLUMBING, HEATING AND PLASTERING CONTRACTORS MUST SIGN STATEMENT ON REVERSE SIDE HEREOF. :fi;A- . . RESOLUTION NO. WHEREAS, the City of Shorewood (the City) has entered in- to a Development Agreement dated February 10, 1986 with United Mortgage Corporation (the developer) for-the development of Covington Vine Ridge; and WHEREAS, Paragraph 11 of such Agreement provides for a performance guaranty in the form of an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of the improvements; and WHEREAS, Developer has obtained such a letter of credit from Midwest Federal in the sum of $828,000.00, which letter is dated September 20, 1985, and entitled Irrevocable Letter of Credit No. 1033; and WHEREAS, the City has previously reduced the Letter of Credit amount by Resolution No. 53~86; and WHEREAS, the City has accepted certain additional site work completed by the developer involving total payments to the contractor to date in the sum of $492,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that: 1. The original letter of credit required by Paragraph 11 of the Development Agreement may be reduced by the total sum of $492,000. 2. The City Administrator is hereby instructed to inform Midwest Federal that Irrevocable Letter of Credit No. 1033 may be reduced to the sum of $336,000. Adopted by the City Council of the City of Shorewood, Minnesota, this day of , 1986. Mayor ATTEST: City Clerk /1:( . . MAYOR Robert Raseop 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 MEMO TO: Mayor and Councilmembers FROM: Dan Vogt Do/ DATE: September 16, 1986 SUBJECT: Street Light Request - Near Mountain Attached please find a Letter of Request for street lighting in the platted portions of Near Mountain along with maps showing light locations. Upon review, it is recommended that this request be approved and a letter sent to NSP to direct the installation. Relative to how other Cities handle street light costs to its residents, it has been found that some Cities do bill those taxpayers that benefit by street lights. This can be calculated and billed in different ways. As soon as I have compiled sufficient information to discuss this matter with you further, I will bring it back for your consideration. In any event, I will have further information for you by the second meeting in October at the latest. This request for street light installation appears on the consent Agen~a of your September 22 meeting for your consideration. Please contact me if you have any questions relative to this matter. DJV/slt cc: Brad Nielsen Jim Norton Mike Pflaum Enclosures A Residential Community on Lake Minnetonka's South Shore ,,5/3 · LunDCiREn · B ROScONSTRucTloN . INC. 935 EAST WAYZATA BOULEVARD. WAYZATA, MINNESOTA 55391 . (612)-473-1231 September~9, 1986 Mr. Dan Vogt Shorewood City Administrator 5755 Country Club Road Shorewool, MN 55331 Re: Street lights for Near Mountain Dear Dan: Attached hereto are sales plats for CHESTNUT RIDGE AT NEAR MOUNTAIN 9TH ADDITION and SWEETWATER AT NEAR MOUNTAIN upon which we have marked our proposed street light locations. Please accept this letter as Lundgren Bros.1 petition to the City to order installation of street lights at the locations shown. Very Truly Yours, .LLU"NDZ E BROS. CON~TR..UC. N / ? ~'M~ ' Michael A. Pflaum MAP/ak Enclosures cc: Jim Norton La rry Fortun x fX'fDstJl sfrf,C;f 11,,1 ':: ~ L_____ ~ ~~~A~_lCHr::5TER ~ ~ CHESTNIlr RIDGE ATNEARMOONTAIN 9'DI ADDmON . 935 East Wayzata Blvd. Wayzata, MN 55391 Phone: (612) 473-1231 . Shown above are all drainage and utility easements dedicated in the final plat Not shown are easements which may have been created by other instruments. Lundgren Bros. Construction, Inc., reserves the right to sell lots in this subdivision to other builders and makes no representation that all houses in this subdivision will be built by Lundgren Bros. n <{ e' X $Tr--t;'::::T 1,::---- .... -I I ~~~;~~ I ~;~ ~ ~~ I z5 ~t: ~'-~i ') L-.:.---- I I I I I ~---- I I I I I L____ ;,~oo .J .J :r: ~~~i1 ~j t-- <rot " " ~l: i....::A~~V:::: '../ ~ ~R L'J 1,-:-:--=-::' ~'-:-E'" I '" ~_ ~_ ,"".-, .. '. ~, I TER~~"~CE > 7J NOTE; r:,~-:=n~Id':: ~~:==,~: ctl'::=:~~~ ~~:~ ':~~CiI':JI~ot"sr.:_'::.. ~-:'.~~~':: :~~~=-:::~~~:'.~ ~o:.;~bt~ t:.~~'i:.'~~~~~ on .,~ br IN ca, 01 CMnN..... =:: =~/:::~:: ::t~=:='lnW:='I~r~=:f: '= ~~L..:'d'~~=.~~~:~~t:~=.o by In :=:::.,. a::::: ::: ~'ort::a,~:oa~hown an U~.. pillna, prOYtded thai ,aid dliv~ I, ", " "'- I ' ~ nelghtlorl'lood '-'la" I ''-. I' / ...........--_l./ ( ~ APPROVED PLAN LEGEND CHESTNUT RIDGE AT NEAR MOUNTAIN 9TH ADDITION - OTHER LAND DEVELOPED BY LUNDGREN BROS. entrance manumenl. . ---------- . A I~ If II Ie. / ---- / r-- _______ ---- / / --- neighborhood p.,1I ~ r1Jl o _ _ NEAR MOUNTAIN A PLAt"lieD ,"OMMI,Jr{l1"V t:;HOREWOOD & CH^NHM1$!"rl, lI'<lNESOT~. ."t, ~ .~ "" """"' ~ --s I -L I i- f f ~ f f " tu / X (') / ~~ / . Q- / (J) (j) 1ij ~ ~o~ ~=1;;= ~~2 m g:6~ .....~>- ~c5Q) cQ.as. -0....0 as -:;; E.sa (.)'0 ~ _ &~15 i .5_:~ i l as Q)'- ~ 5:8 e I:: I::~~ +;I::J 0.0 '(ij.. ~ u (J) Q)'0 ~ I:: Ul I:: .s.!!l O'S; .... .- ....- In:6 c .- 1ij i 5i! 81::.~ (J) ~ Q) 10 E (5 J!l ~ (J) ....ulR-.. .Oas'^1/) as.- (d S (J) = E'~ e Q) ~ Q)-o el-o=co >~ Q) co 1::1::1:: >! .sa ~ 1;; I:: g as.- Q) a;casQ) Q)-l!?(J)o, Q) .... .....!:Q)Q)-o I:: E I:: (.) .g>.g>:g ~ I:: ~ lE ~ ~ 5~~~.3 .s:: as-Sll ...J.. CI) Q) v, ------ ) · G~Ot-J-_ -.}E.E~ ~.=J"v.'" --", ) / / / ":> / J~' / ;3 / r..~ / ----................... ':,.) / 0." o\'.;.~ '" I -, "0." ./ "", '<j;p ,~ '\.~h "~ LU .,.. ., , ~ .. !i;~ ~~. Q~ cO J~ ....m ~ .,.. cc. - 0) cofgY -m1O~ ~Z' ca~c ~s~ ~ [~ ~( 10:> oS ~ C . .r'~ SE? 11 ~: ~ . NOTE: I'::,~~~rld'":: =-.~..:v:~::;:I~:- dt'=':.~ .:::~ ':~':~~I:ci.~~S1.':"=: =:;o.v::1.~~El~':.:o.~~.:~:.'~ ~O;-~bt~ 1~~:"~~2b~= on Wld"an Bro,. .... pwc:tl....1nd _U.d the _lid whiGh I, .....oea aI theM pe... The t.lInce of 1M land Is own" by WI unr..... I*'lv. IUOtect 10 an option 10 purch... h lavor of I.loftdglen BrOl. . II L~gren 1r01. pn...t Illteollan 10 purch... and NY_ 1M b..nc:. of the Ian4. .. Ihown on ... pIenI, prowtecl ..... .aId cN"~ I, KGnomlc"Y f...~ In the 0JlIIlIDn 01 LWl4gren Brol. , '" '. " '~ neighborhood I ~~. I ~ I' "'.-.0 ( APPROVED PLAN LEGEND SWEETWATER AT NEAR MOUNTAIN _ OTHER LAND DEVELOPED BY WNDGREN BRas. e .,' . ..' / ........ " A I~ If II Ie / . ~ / r-~ ~ / ~ nllghbo,hood par'" ~ ~ -- ..,...... ........., I II II ~n..n D _ ODD NEAR MOUNTAIN ~ PlAtfNEe ~()NM\JNtTY IMOfUJWOOD . CHANii"S$CN, MINNl'!~OTA 8/86 . MEMO TO: FROM: DATE: MAYOR Robert Raseop 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 SUBJECT: Badger Park Football Field Mayor and Councilmembers Dan Vogt ~ September 16, 1986 You may recall that at the meeting of August 25, two quotes were delivered to finish wo.r.k on the Badger Park Football Field. Neither quote was accepted at that time due to a question as to whether the scope of work quoted was sufficient to finish the field. Subsequent to the Council meet- ing, Mayor Rascop and Park Commissioner Lindstrommet to discuss the work to be completed. As a result of this meeting, Mayor Rascop was satisfied that the scope of work would finish the field. Due to the time of year and re- commendation to proceed as soon as possible, the proposal to perform the work was signed. Therefore, per the recommendation of the Park Commission and the inspection of the site by Mayor Rascop, ratification of acceptance of the low quote by Don's Sod Service to finish the work on the Badger Park Football Field in the amount of $3,350 to be paid from the Park Capitol Improvement Fund is recommended. This item appears on the consent Agenda of your September 22 Council meeting for your consideration. DJV/slt Please contact me if you have any questions regarding this matter. cc: Sue Niccum A Residential Community on Lake Minnetonka's South Shore ,,$(J./ MAYOR Steven Frazier CITY OF SHOREWOOD 20630 MANOR ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 q/~1/78 COUNCIL William Keeler Robert Naegele, Jr. Jan Haugen James Heiland CLERK-ADMINISTRATOR Elsa Wiltsey Dear ~ '"'- l~ 1etK.e-r 1~ to ..ye~j ot.tr CdM--\fers:~ ot\- lot IS oj. A'*-'\ee l\ctes ~ is 1'\t1lot ~ ~our ~oref'l~: ~ tot. -w~ ('e-rh~'. ~ tke.Co~'1 N<< S41e ~ 1M ~j -wt!k. 1he ~oi'ow1.~ co\\~'\D'1U ~teJ: /. The 10t 1$ ~ btit1Jah1e U. '4. --me dt'at~e 11t\e> ~-\v ~1o tis. 1D 'be ptotfe,}cl 0, Tg tk. dm1i\~-f.> 1t.u is d-ui<.\TbM b-fj ~1.1Jtn~ ot' CM5~~ it ~'t be ~*'~ lW\d t"~ \,~ ~ fVbP&. ~~U;lX\ ~d~1M ~ k foI\ttacfat C\rIJjo,.- 1he- ~ Dr -<the. ~-pC't- ~~ · ~ ('ffi,~$ . "5 'Y'l'f'\~ettlle~ ~/tff ~{.n3 said 1i.OC oft ~L fWpe+tj ~1t ~ at1he- .G-'Xpe-t\Se. 05 the P'*1~ d~h.\^,d1i\j d, .. . 1. rhe C~ do(;. -f\ot clo-tiw ~ ~taV\ f>1r\'a~ dY'~~e.. ~~skM$ ~ ~ .ya~S1.b\e, ~ c~~ ~. 'Yot\~s 1'fu~-t1 Q,~- ^~ ., => A Residential Community on Lake Minnetonka's South! Shore ~ 'C1'Jl~ 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: Mayor and Councilmembers FROM: Da~ Vogt ~ DATE: September 29, 1986 SUBJECT: Public Hearing - Infrastructure Replacement Reserve Fund The statute that created the Infrastructure Replacement Fund has specific re- quirements for the establishment of the Fund. One of the requirements calls for publication of a Notice of Hearing to establish the Fund. This notice must be published for two successive weeks in the official Newspaper of the City. Although the Notice of Public Hearing that I sent to the Newspaper stated the publication dates for September 19 and 25, the Notice was only published on the 18th. After discussing this situation with Glenn, it was agreed that we must postpone the Hearing initially set for tonight and re- schedule for October 20 at 7:30 P.M. to meet publication requirements. A Resolution has been prepared which calls for said Hearing. This Resolution should be passed tonight. Since the Infrastructure Fund is tied to the overall budget, final approval of the 1987 budget will not be possible until the meeting of October 20. Dis- cussion at the meeting tonight should give a good indication if any additional changes will take place on October 20. Because we will not be able to meet the October 10 date that the tax levy needs to be filed, an extension of time request must be made to the Minnesota Commissioner of Revenue. I discussed this with the person who will handle this request at the State. He said that the extension will be no problem and that he gets many of these requests each year, including 15 today. This publication problem was discussed with Mike Krause of the South Shore Weekly News who assured me of better attention to the Notices in the future. This issue will be discussed further at the meeting on the 29th. DJV/slt cc: Glenn Froberg Department Heads A Residential Community on Lake Minnetonka's South Shore ) " - D R AFT - MAYOR Robert Rascop COUNCIL 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 30 September 1986 Mr. Peter Pflaum Lundgren Bros. Construction, Inc. 935 East Wayzata Boulevard Wayzata, MN 55391 Re: Extended Construction Hours Dear Peter: We are in receipt of your letter, dated 24 September 1986, requesting per- mission to extend the hours of construction to 7:00 a.m. to 8:00 p.m. Mondays through Sundays. This matter has been discussed among the staff and the City Council and it has been decided that hours may be extended as requested, ex- cept that weekend hours must be limited to between 9:00 a.m. and 6:00 p.m. It is understood that this approval is subject to modification, should the City receive complaints from Shorewood residents. If you have any questions relative to this matter, please do not hesitate to contact my office. Sincerely, . .kr Bradley J. Nielsen City Planner/Building Official BJN/slt cc: Dan Vogt Jim Norton Mayor and City Council A Residential Community on Lake Minnetonka's South Shore t' LUnDGREn B ROScONSTRucTloN . INC. 935 EAST \VAYZATA BOULEVARD. WAYZATA. MINNESOTA 55391 . (612) 473-1231 September 24, 1986 Mr. Brad Nielsen City Planner City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Brad, On account of the approximate one month of very rainy weather, we are about 30 days behind our construction schedules for the installation of the private utilities in both our Sweetwater and Chestnut Ridge Ninth subdi visions. In order for us to have a chance of finishing the utility work on these sites before winter sets in, we must work longer days and extra hours. I would like permission to work 7:00 a.m. to 8:00 p.m., Mondays thru and including the weekends. This hopefully will not be an inconvenience to your residences, since most of the utility work which will be going on is in Chestnut Ridge Ninth Addition and is not adjacent to Shorewood residences. We only have two months in which to complete this work. Please let me know if you have any questions or concerns. ~~::'- peier Pflaum President PP/pm C- G, ; fl) ,) l- I.. ClAJ (./J1-1 f~l1'J /}rL~ ADVERTISEMENT FOR BIDS FOR SOUTHEAST AREA TRUNK WATERMAIN AND APPURTENANT WORK PROJECT NO. 86-1E , FOR THE CITY OF SHOREWOOD, HENNEPIN COUNTY, MINNESOTA Notice is hereby given that sealed proposals will be received at the City Clerk's Office in the City of Shorewood, Hennepin County, Minnesota, at the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota 55331, until 11:30 A.M. on the 14th day of October, 1986 and will be publicly opened at said time and place by two or more designated officers or agents of the City of Shorewood. Said proposal to be for the furnishing of all labor and materials for the construction complete in place of the following: Approximately 1400 Lineal Feet of 6" through 12" Watermain and Appurtenant Work. Proposals arriving after the designated time will be returned unopened. The bi ds must be submi tted on the proposal forms provi ded in accordance with contract documents, plans and specifications as prepared by Orr-Schelen-Mayeron & Associates, Inc., Consulting Engineers, Suite 238,2021 East Hennepin Avenue, Minneapolis, Minnesota 55413, which are on file with the City Clerk of Shorewood and may be seen at the office of the Consulting Engineers. Copies of Proposal Forms, Plans and Specifications for use by Contractors submit- ting a bid may be obtained from the Consulting Engineers, Orr-Schelen-Mayeron & Associates, Inc., Suite 238,2021 East Hennepin Avenue, Minneapolis, Minnesota 55413, upon deposit of Twenty-Five Dollars ($25.00) per set. The full amount of the deposit for one set only of drawings and specifications will be returned to contractors who submit a bona fide bid and who return the drawings and specifi- cations in good condition within fifteen (15) days after the opening of bids. One half the deposit amount will be returned on all other deposits, including deposits made to secure documents for subcontractors or material suppliers estimating purposes, upon the return of the documents in good condition within fifteen (15) days after the bids are opened. Individual drawings and sections of specifications may be purchased at a rate of One Dollar ($1.00) per plan sheet and Ten Cents ($.10) per sheet of specifica- tions for which no refund shall be made. 3707.60 A.B. - 1 No bids will be considered unless sealed and filed with the City Clerk of Shore- wood and accompanied by a cash deposit, cashier's check, bid bond or certified check, payable to the City Clerk of Shorewood for five percent (5%) of the amount bid to be forfeited as liquidated damages in the event the bid be accepted and the bidder shall fail to enter promptly into a written contract and furnish the required bond. The City of Shorewood reserves the right to reject any and all bids. No bids may be withdrawn for a period of thirty (30) days from the date of opening of bids. DATE: September 29, 1986 · BY: Order of the City Council /s/ Sandra Kennelly City Cl erk Shorewood, Minnesota 3707.60 A.B. - 2 X ~lY , ORR.SCHELEN. MAYERON & ASSOCIATES, INC. Consulting Engineers Land Surveyors September 29, 1986 South Shore Weekly News 351 2nd Street Excelsior, MN 55331 Attn: Mr. Mike Krause Re: Advertisement for Bids for Southeast Area Trunk Watermain And Appurtenant Work City Project No. 86-1E City of Shorewood, Minnesota Dear Mr. Krause: Enclosed is an Advertisement for Bids for the referenced project. Please advertise in the South Shore Weekly News on October 2 and 9; bill the City and send the affidavit of publication to them. Thank you, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. Nancy L. Brewster NLB Enclosure cc: City of Shorewood 2021 East Hennepin A venue . Suite 238 . Minneapolis, Minnesota 55413 . 612/ 331- 8660 1\( ( i~ \" .~ '\, )lY l: ORR.SCHELEN. MAYERON & ASSOCIATES, INC. J .' Consulting Engineers Land Surveyors September 29, 1986 Construction Bulletin 7216 Boone Avenue North Brooklyn Park, MN 55428 Attn: Ms. Candy Cabaya Re: Advertisement for Bids for Southeast Area Trunk Watermain And Appurtenant Work City Project No. 86-1E City of Shorewood, Minnesota Dear Ms. Cabaya: Enclosed is an Advertisement for Bids for the referenced project. Please advertise in the Construction Bulletin on October 3 and 10; bill the City and send the affidavit of publication to them. Thank you, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. Nancy L. Brewster NLB Enclosure ~ City of Shorewood 2021 East Hennepin Avenue . Suite 238 . Minneapolis, Minnesota 55413 .612/331-8660 ~::-. .~ ~ . . 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 MEMO TO: Mayor and Councilmembers FROM: Dan Vogt sIfY DATE: September 18, 1986 SUBJECT: Public Works Equipment Purchases Overhead Door Over the past couple of years, a new door was proposed in the equipment stor- age area of the Public Works garage. To this point it had not been done. With the purchase of the house next door, funds became available for smaller purchases in the Public Works Department rather than a large purchase such as a truck. Therefore, quotes were received to install a new door in the garage. Based upon the quotes, K & K Door Company was directed to perform ~ the work. A & G Electric also needed to perform electrical work. Total cost is estimated at $2,500. General Fund coding for the purchase is 6162. Rati- fication of this expenditure is recommeded. Trailer The equipment which is necessary to be utilized when patching streets has been a problem for the Public Works Department to transport. Due to the necessity to make up to three (3) trips with the existing trailer to haul equipment from site to site, prices were obtained for a larger trailer to meet our needs. Another problem with only one trailer relates to the necessity to transport park maintenance equipment from one end of the City to another and the over- lap of demands on the trailer. Too much time was being wasted running the trailer back and forth. Now, both trailers will be used and manpower utili- zation will be more effective. Therefore, quotes have been obtained to pur- chase a 16' trailer. It is recommeded to purchase the trailer from Case Power and Equipment at a price of $3,120. Funds are available based on the same discussion noted above and coded to Department 6162. Both of the purchases listed above have been discussed with and are also rec- commended by Acting Mayor/Public Works Liaison Gagne. These items appear on the Consent Agenda of your September 22 meeting for your consideration. Please contact me if you have any questions. cc: Don Zdrazil Ev Beck D :3 (t-; D / () '" -1 ...) /'. .(..1 ~.?'1,- DJV/slt A Residential Community on Lake Minnetonka's South Shore SLJ MEMORANDUM . ~r . MAYOR Robert Rascop COUNCIL 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 TO: MAYOR AND CITY COUNCIL BRAD NIELSEN 18 SEPTEMBER 1986 .~ RE: SHOREWOOD TANNING CENTER - BUILDING/OCCUPANCY PERMIT FROM: DATE: FILE NO.: 404 (general) Ryan Construction Shorewood Tanning Shopping Center. the Shorewood Pet to have 10 booths Company has requested a building permit on behalf of the Center - anew business proposing to locate in the Shorewood The business will be located in the space formerly occupied by Supply store. As can be seen on the attached plan, they propose with a restroom, lobby and storage area. While the Zoning Ordinance does not specifically list tanning studios in the C-3 district, the proposed use is considered to be a fairly typical shopping center activity. Also, the section of the Ordinance which does reference such activity, the parking requirements, groups this use with others common to the C-3 district. The application does not include plans for signage. It is assumed that a sign permit will be applied for at a later date. It is recommended that the City take that opportunity to require an overall signage plan for the entire center. Since the shopping center contains multiple signs, a conditional use permit will be required pursuant to Section 200.03 Subd. 11e.(3)(c). It must be realized that it is not realistic to.tryand bring ,the entire center into conformity based on one sign permit. Rather, once an overall plan is developed, each individual sign permit could be evaluated based on conformance with the plan. In view of the above, it is recommended that the Council approve the issuance of the building and occupancy permit subject to compliance with all health and building codes. BJN:ph cc: Dan Vogt Glenn Froberg Scott Smith Richard Steine A Residential Community on Lake Minnetonka's South Shore ~5-L:!' / ~. ~. f . " 1 i : , /"- ;, ! II J' v..'... ,,:.~ II .;. b ....~Z .,J. II .. ~I U\ " ~ ',<, CITY OF SHOREWOOD RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT PLAT OF WCL ACRES THIS AGREEMENT, made this day of 1986, by and between the CITY OF SHOREWOOD, a municipal corporation, hereinafter referred to as the "City", and RICHARD LARSEN, hereinafter referred to as the "Developer". WHEREAS, the Developer is the fee owner of certain lands described in Exhibit A attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, the Developer has made application under the City Subdivision Ordinance for City Council approval of a single-family residential development preliminary plat of said land, said plat to contain approximately 4.84 acres divided into 7 lots, and to be known as WCL Acres; and WHEREAS, the City Council by its resolution passed on , 1986, has approved the preliminary plat, subject to and on condition that Developers enter into this agreement; and WHEREAS, the City has established the policy of requiring land developers and the City to formally allocate between them the furnishing of surfaced streets, curbs, gutters, required landscaping, driveways, storm sewer and surfact water drainage facilities, street signs and lighting, municipal water and sanitary sewer facilities and underground electric and telephone service lines to all lots and plats approved by the City, all of the foregoing hereinafter sometimes referred to as improvements; and WHEREAS, the Developers have made application to the City to be allowed at Developer's expense to construct, install, and perform all work and furnish all materials in connection with the installation of such improvements. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary plat of WCL Acres, the City and the Developer agree as follows: ~ 1. IMPROVEMENTS INSTALLED BY DEVELOPER. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: a. Street grading, stabilizing and bituminous surfacing; b. Surmountable concrete curbs and gutters; c. Sanitary sewer mains; d. Watermains; e. Storm sewer and surfact water drainage facilities; f. Street signs; g. Required landscaping. It is understood that underground utility lines, including gas, electric, and telephone, shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. 2. STANDARDS OF CONSTRUCTION. Developer agrees that all of the foregoing improvements shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 3. MATERIALS AND LABOR. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 4. SCHEDULE OF WORK. The Developer shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this Agreement, which schedule shall be a part of this Agreement. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. It is understood and agreed that the work shall be performed in one phase to be fully completed by -2- 5. ROADS, SANITARY SEWER, WATER, AND STORM SEWER FACILITIES. a. Plans and Specifications. The Developer agrees to. cause its engineers to prepare all plans and specifications necessary for the installation of road, curb, gutter, sanitary sewer, water and storm sewer and surface water drainage facilities in said plat, said plans and specifications to be subject to the final approval of the City Engineer. b. As-Built Plan. Upon completion of construction, Developer shall Cause its engineers to prepare and file with the City an "as-built" plan showing the installation of the foregoing facilities within the plat. Such plans shall be prepared in conformance with City standards for as-built plans as are presently on file with the City. c. Easements. Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and water facilities within the plat, and thereafter promptly assign said easements to the City. 6. REIMBURSEMENT OF COSTS. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in Paragraph 28 below. 7. DISCLAIMER BY CITY. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvements hereunder; and that the Developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. -3- 8. CLAIMS FOR WORK. The Developer or his contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at his own risk, cost and expense. 9. PERFORMANCE GUARANTY. For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in Paragraph 1 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer shall pay all claims for work done and materials and supplies furnished for the performance of this Agreement, and that the Developer shall fully comply with all of the other terms and provisions of this Development Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said improvements as set forth in the contract between the Developer and his contractor, plus the estimated costs to the City for legal, planning, engineering services, inspection, supervision and administration. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The said deposit or letter of credit may be reduced in amount or replaced by a maintenance bond at the discretion of the City upon acceptance by the City of the various individual improvements. 10. GRADING, DRAINAGE, AND EROSION CONTROL. Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 11. ACCESS. Developer shall provide reasonable access, including temporary grading and graveling, to all occupied residences under construction in the plat until the streets are accepted by the .City. -4- 12. FINAL INSPECTION. Upon completion of the improvements set forth in Paragraph 1 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. Before final payment is made to the contractor by the Developer, the City Engineer shall be satisfied that all work is , satisfactorily completed in accordance with the approved plans and specifications; and the Developer's engineer shall submit a written statement attesting to same. 13. REPLACEMENT. All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. 14. LIABILITY INSURANCE. The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the improvements described in Paragraph 1 above, the Developers shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. 15. CONVEYANCE OF IMPROVEMENTS. Upon completion of the installation by Developer of the improvements set forth in Paragraph 1 above in accordance with the plans and specifications hereunder and the written approval by the City, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 16. OCCUPANCY PERMITS. The occupancy of any structure on any lot within said plat shall be prohibited by the City until the streets shall have been graded and surfaced with class 5-100% crushed material and municipal sanitary sewer and water lines shall have been installed and are available to serve the lot for which the building permit shall have been issued. -5- ~ 17. REMEDIES UPON DEFAULT. a. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have peen cured within thirty (30) days after receipt by the Developer of-written notice thereof, the City, if it so elects, may cause any of~the improvements described in Paragraph 1 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under M.S. Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the M.S. Chapter 429 notice requirements to the Developer shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. b. Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the city for: (1) the cost of completing the construction of the improvements described in Paragraph 1 and Paragraph 15 above; and (2) the cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (3) the cost of reasonable engineering, legal and administrative expense incurred by the City in enforcing and administering this Agreement. c. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. -6- 18. SEWER ASSESSMENTS. The original assessments against the property for sanitary sewer are in the amount of $ Developer acknowledges that as a newly platted development of 7 lots, additional sums may be assessed against the property as equalization charges pursuant to ShorewoodOrdinance No. 80. Developer agrees to accept and pay all such charges to the City in accordance with Shorewood Ordinance No. 80, together with all previous assessments against the property, provided full credit is given to the Developer for all prior payments made by the Developer or its predecessor on account of said assessments. A schedule of such charges is set forth in Exhibit B, attached hereto and made a part hereof. 19. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, the Articles of Incorporation and By-laws of the Homeowners Association, if any, for review and approval by the City prior to recording the plat. 20. PARK FUND PAYMENT. Developer shall, at the time that final plat is approved, make a cash payment to the City in the sum of $500.00 per lot for the Park Fund. 21. PROOF OF TITLE. The Developer shall furnish the City with evidence satisfactory to the City that he holds title to the Subject Property in fee simple. 22. RESTORATION OF STREETS AND PUBLIC FACILITIES. The Developer shall restore all City streets and other public facilities disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 23. DURATION OF AGREEMENT. This Agreement shall remain in effect until such time as the Developer shall have fully performed all of his duties and obligations under this Agreement. 24. HEADINGS. Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this agreement, and shall not influence its construction. 25. SEVERABILITY. In the event any provisions of this agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render ~nenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. -7- 26. EXECUTION OF COUNTERPARTS. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but on~ and the same instrument. 27. CONSTRUCTION. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 28. NOTICES. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 To the Developer: Richard Larsen Wirtenen-Clark-Larsen Architects 1433 Utica Avenue South St. Louis Park, MN 55426 29. SUCCESSORS AND ASSIGNS. It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF SHOREWOOD Richard Larsen By: Robert Rascop, Mayor ATTEST: Sandra Kennelly, City Clerk -8- STATE OF MINNESOTA ss COUNTY OF HENNEPIN On this day of , ~986, before me, a Notary Public within and for said County, personally appeared Aobert Rascop and Sandra Kennelly, to me personally known, who, -peing each by me duly sworn, did say that they are respectively the Mayor and City Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Robert Rascop and Sandra Kennelly acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ss COUNTY OF HENNEPIN On this day of , 1986, before me, within and for said County personally appeared Richard Larsen, to me personally known, who, being by me duly sworn did say that he is the of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behal~ of said corporation by authority of its Board of Directors and acknowledged said instrument to be the free act and deed of said corporation. Notary Public -9- CITY OF>SHOREWOOD RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT PLAT OF WCL ACRES THIS AGREEMENT, made this day of 1986, by and between the CITY OF SHOREWOOD, a municipal corporation, hereinafter referred to as the "City", and RICHARD LARSEN, contract purchaser, hereinafter referred to as the "Developer". -. , WHEREAS, the Developer is the contract purchaser under a Contract for Deed dated June 10, 1986, of certain lands described in Exhibit A attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject PropertY"1 and WHEREAS, the Developer has made application under the City Subdivision Ordinance for City Council approval of a single-family residential development preliminary plat of said land, said plat to contain approximately 4.84 acres divided into 7 lots, and to be known as WCL Acres1 and WHEREAS, the City Council by its resolution passed on June 9, 1986, has approved the preliminary plat of the subject property 1 and WHEREAS, the City has established the policy of requiring land developers and the City to formally allocate between them the furnishing of surfaced streets, curbs, gutters, required landscaping, storm sewer and surface water drainage facilities, street signs, sanitary sewer facilities and underground electric and telephone service lines to all lots and plats approved by the City, all of the foregoing hereinafter sometimes referred to as improvements 1 and WHEREAS, the Developers have made application to the City to be allowed at Developer's expense to construct, install, and perform all work and furnish all materials in connection with the installation of such improvements. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the final plat of WCLAcres, the City and the Developer agree as follows: . . 1. IMPROVEMENTS INSTALLED BY DEVELOPER. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: a. Str~et grading, stabilizing and bituminous surfacing; b. Surmountable bituminous curbs and gutters; c. San~tary sewer mains; d. Storm sewer and surface water drainage facilities; e. Street signsj f. Required landscaping. It is understood that underground utility lines, including gas, electric, and telephone, shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. 2. STANDARDS OF CONSTRUCTION. Developer agrees that all of the foregoing improvements shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 3. MATERIALS AND LABOR. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 4. SCHEDULE OF WORK. The Developer shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this Agreement, which schedule shall be a part of this Agreement. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. It .is understood and agreed that the work shall be performed in one phase to be fully completed by October 1, 1987. -2- . . 5. STREETS, SANITARY SEWER, AND STORM SEWER FACILITIES. a. Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of streets, curb, gutter, sanitary sewer, and storm sewer and surface water drainage facilities in said plat, said plans and specifications to be subject to the final approval of the City Engineer. b. As-Built Plan. Upon completion of construction, Developer shall cause its engineers to prepare and file with the City an "as-built" plan showing the installation of the foregoing facilities within the plat. Such plans shall be prepared in conformance with City standards for as-built plans as are presently on file with the City. c. Easements. Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and surface water drainage facilities within the plat, and thereafter promptly assign said easements to the City. d. Pre-existing Drain Tile. All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 6. STAKING, SURVEYING AND INSPECTION. It is agreed that the Developer, through his engineer, shall provide for all staking and surveying for the above-described improvements. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection. 7. GRADING, DRAINAGE, AND EROSION CONTROL. Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 8. STREET SIGNS. Developer, at its expense, shall provide standard city street identification signs and traffic control signs in.accordance with the Minnesota Manual on Uniform Traffic Control Devices. -3- . . 9. ACCESS. Developer shall provide reasonable access, including temporary grading and graveling, to all residences under construction in the plat until the streets are accepted by the City. 10. OCCUPANCY PERMITS. The occupancy of any new structure on any lot within said plat shall be prohibited by the City until the streets shall have been graded and surfaced with class 5-100% crushed material and municipal sanitary sewer lines shall have been installed and are available to serve the lot for which the building permit shall have been issued. 11. FINAL INSPECTION. Upon completion of the improvements set forth in Paragraph 1 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 12. CONVEYANCE OF IMPROVEMENTS. Upon completion of the installation by Developer and approval by the City Engineer of the improvements set forth in Paragraph 1 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part oL either party hereto, other than acceptance by the City. 13. REPLACEMENT. All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. 14. RESTORATION OF STREETS AND PUBLIC FACILITIES. The Developer shall restore all City streets and other public facilities disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 15. REIMBURSEMENT OF COSTS. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning anq administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in Paragraph 21 below. -4- . . 16. CLAIMS FOR WORK. The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first~being obtained shall be at its own risk, cost and expense. 17. LETTER OF CREDIT. For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in Paragraph 1 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer shall pay all claims for work done and materials and supplies furnished for the performance of this Agreement, and that the Developer shall fully comply with all of the other terms and provisions of this Development Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said improvements as estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The said deposit or letter of credit may be reduced in amount or replaced by a maintenance bond at the discretion of the City upon acceptance by the City of the various individual improvements. 18. LIABILITY INSURANCE. The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the improvements described in Paragraph 1 above, the Developers shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. -5- . . 19. SEWER ASSESSMENTS. The original assessments against the property for sanitary sewer are in the amount of $ Developer acknowledges that as a newly platted development of 7 lots, additional sums may be assessed against the property as equalization charges pursuant to Shorewood Ordinance No. 80. Developer agr~es to accept and pay all such charges to the City in accordance witp Shorewood Ordinance No. 80, together with all previous assessments against the property, provided full credit is given to the Developer for all prior payments made by the Developer or its predecessor on account of said assessments. A schedule of such charges is set forth in Exhibit B, attached hereto and made a part hereof. 20. PARK FUND PAYMENT. Developer shall, at the time that final plat is approved, make a cash payment to the City in the sum of $3,000.00 for the Park Fund. 21. NOTICES. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 To the Developer: Richard Larsen Wirtanen-Clark-Larsen Architects 1433 Utica Avenue South St. Louis Park, MN 55426 22. PROOF OF TITLE. The Developer shall furnish the City with evidence satisfactory to the City that he holds title to the Subject Property in fee simple. 23. DISCLAIMER BY CITY. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation -6- . . . . whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvements hereunder; and"that the Developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims,-damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending t~e same. 24. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, the Articles of Incorporation and By-laws of the Homeowners Association, if any, for review and approval by the City prior to recording the plat. 25. DURATION OF AGREEMENT. This Agreement shall remain in effect until such time as the Developer shall have fully performed all of his duties and obligations under this Agreement. 26. REMEDIES UPON DEFAULT. a. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the improvements described in Paragraph 1 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. -7- . . b. Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the city for: (1) the cost of completing the construction of the improvements described in Paragraph 1 above. (2) the cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (3) the cost of reasonable engineering, legal and administrative expense incurred by the City in enforcing and administering this Agreement. c. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 27. HEADINGS. Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 28. SEVERABILITY. In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 29. EXECUTION OF COUNTERPARTS. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 30. CONSTRUCTION. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 31. SUCCESSORS AND ASSIGNS. It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. -8- . . STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this day of , 1986, before me, a Notary Public within and for said County, personally appeared Robert Rascop and Sandra Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Robert Rascop and Sandra Kennelly acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this day of , 1986, before me, within and for said County, personally appeared Richard Larsen, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public -10- . . ','''P RESOLUTION NO. WHEREAS,.. the final plat of WCL Acres has been submi.tted in the manner req~ired for the platting of land under Shorewood City Ordinances and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and Ordinances of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood: 1. That the plat of WCL Acres is hereby approved. 2. That the approval is specifically conditioned upon the terms and conditions contained in the Residential Subdivision Development Agreement attached hereto and made a part hereof. 3. That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval on behalf of the City Council. 4. That this final plat shall be filed and recorded within 30 days of the Developer's receipt of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and Ordinances of the City. ADOPTED BY THE CITY COUNCIL this day of , 1986. {) Mayor ATTEST: ^ , City Clerk ~ )mith ARCHITECTS September 19, 1986 Mayor & Council Members City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 RE: Conditional use permit for an outdoor storage facility ,at 5620 Manitou Road (Co. Rd. 19) Dear Mayor & Council Members, On behalf of my client, Manitou Properties, Inc., the developer of the above referenced project proposal, I would like to withdraw the current application. This is due to our concern for the neighborhood opposition expressed at the planning commission meeting on September 16, 1986. It is my clients request that we design for an alternate use and.following meetings with staff, commissioners, and neighbors, we re-'apply. Thank you for your understanding. Regards, ~ '" ;: "',.\,." .~,~....,._ .', v._.,,~.,. "'ij John T. Smtfh, A.I.A. ): l~ ," J'TS/cJ, . cc: John Besses/en 6215 CAMBRIDGE STREET MINNEAPOLIS MINNESOTA 55416 612 925 3788 . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw K risti 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 ._'l FROM: BRAD NIELSEN DATE: 29 AUGUST 1986 RE: MANITOU PROPERTIES - C.U.P. FOR AN OPEN AND OUTDOOR STORAGE FACILITY FILE NO.: 405 (86.37) BACKGROUND Pursuant to Section 200.21 Subd. 4d., Manitou Properties, Inc. has requested a conditional use permit to develop an outdoor storage facility at 5620 Manitou Road (see Site Location map - Exhibit A,; attached). They also propose to convert the old yellow house, located in the southeast corner of the site, into office and retail space. The proposed site plan is shown on Exhibit B, attached. Additional site data is contained in Exhibit C. As you may recall, the property was previously approved for a three-story, 39-unit condominium project named Gideon's Orchard. That project fell through due, in part, to the developer not being able tn corne to an agreement with Tonka Bay over water. As can be seen on Exhibit B, the front portion of the site is devoted to the retail/office use and accessory parking. To the rear of that they propose a 200-unit, fenced-in storage facility. According to the applicants, spaces would be rented out for the storage of boats and recreational vehicles. Approximately the rear one-third of the site which has an R-1C, Single-family Residential zoning (the front two-thirds is zoned C-3, General Commercial), would be left vacant. The developer has stated that the storage area is only an interim use of the something which will generate cash flow to cover mortgage payments and taxes until such time as the property can be put to a higher and better use. They suggested the possibility of developing a small retail center at some future site - have date. A Residential Community on Lake Minnetonka's South Shore 7 . . Re: Manitou Properties-CUP 29 August 1986 Existing land use and zoning surrounding the site are as follows: North: R-1C, R-3A and R-C - the R-1C area contains single-family homes and a church; the R-3A and R-C areas are currently vacant East: zoned commercial - Tonka Plaza shopping center on the east side of County Road 19 in Tonka Bay South: C-3 and R-1C - the C-3 area contains commercial and multiple-family residential; the R-1C area contains single-family homes West: R-1C, single-family homes ISSUES AND ANALYSIS The proposed development can be evaluated in two parts, the office use and the storage activity. Based upon review of the plans submitted to-date and the requirements of the Shorewood Zoning Ordinance the following issues should be considered. A. Office/Retail. This is by far the easiest part of the proposal to evaluate. Since offices and retail activities are permitted uses in the C-3 district, it is simply a matter of ensuring that parking and site design requirements have been met. 1. Setback Requirements. The garage portion of the existing building is only 18 feet from the front property line. The C-3 district requires a 30-foot setback. Given the condition ot the existing structure, it is strongly recommended that the garage be removed, bringing the structure into compliance with the Ordinance. 2. The number, size and design of parking spaces comply with the requirements of Section 200.03 Subd. 5 of the Zoning Ordinance. This includes concrete curbing, striping and bituminous surfacing. It is recommended that one element of the parking layout be changed. They propose to use the existing u-shaped driveway on the site. Due to the amount of traffic and relatively poor sight lines, it is recommended that the northerly driveway be eliminated. Undoubtedly the County Engineer will want the other curb cut widened. Access should be subject to review and approval by both the City and County Engineers. 3. Landscaping. The proposed site plan takes good advantage of the existing landscaping on the property. Large evergreen trees screen the parking area from County Road 19. presumeably, existing decorative landscaping can be cleaned up and enhanced around the building.'~ - 2 - Re: Manitou Properties-CUP 29 August 1986 B. Storage Facility. Section 200.21 Subd. 4d. of the Zoning Ordinance allows "open and outdoor storage as a principal or accessory use..." subject to a number of specific conditions. Some of these conditions may not be adequately addressed in the current proposal, specifically: .''''~ .~ 1. The storage area must be fenced and screened from view of neighboring residential uses if abutting an "R" district. In this regard, a seven- foot security fence is proposed to enclose the entire storage area. The plan appears to rely on natural vegetation to screen the storage area from surrounding homes. At this time of year, existing vegetation provides a very effective screen. However, being mostly deciduous, it is questioned whether the screening will be effective when the leaves have fallen. presumeably, this will be the time when the facility is most in use. 2. Storage areas must be grassed or surfaced to control dust. The plan shows the storage area surfaced with limestone or Class V aggregate. The Engineer should address this both in terms of dust and drainage. 3. The request should be considered in relationship to the general conditions for conditional use permits found in Section 200.04 Subd. 1d.(1). Among these the City must determine whether the proposed use will be compatible with present and future land uses in the area. 4. Traffic. While the proposed activity is not considered to be a high traffic generator, the type of traffic is somewhat of a concern. Given the amount of traffic on County Road 19, a large recreational vehicle or boat and trailer pulling out onto County Road 19 could create potential congestion or even hazards. 5. Drainage. As in all past development requests for the property in question, drainage is a key issue. Although they have shown a ponding area in the northwest corner of the storage area, it appears smaller than what previous proposals have included. Neither runoff calculations nor design details have been submitted as of this writing. These should be required and referred to the City Engineer and the Watershed District for their recommendations. RECOMMENDATION Based upon the preceding it is recommended that the City approve the building permit to convert the existing house to office/retail use subject to the following: 1. The garage must be removed. 2. The northerly driveway should be eliminated and access design should be subject to approval by the City Engineer. The applicant must obtain an access permit from Hennepin County prior to issuance of a building permit. 3. Detailed construction drawings, prepared by the applicant's architect, must be submitted in compliance with the State Building Code. - 3 - '-- / .J~~l1i .. , . \ , I ~gT" ,~ z.otJl.JZ PI~IGTle1Dt.I.JPfZ,.'" t . . ~~ "~C:Ir:.I~D tr'( ~~tJp ~e"E.rott ~ ~~T'o.,J 0 . . , ; . '. _( 1"'\ .. ~ITe... G.e..APJ..Jb'~ .p..JO~.APE:..~tJ., ~". .... .'. "'<. "- L) J II .. 40' .... _~) (U\j~;;--:: ~~hC >2- -~~5~'b\~~~~' 1)!t:;:J;~~ · .\\~I i! ti7 --/"---- ~~ (p ~~~ ;; 0bQ~~~~r; ~~(". (IHJ ;1/1 V ~ '" ",,' --= '- ,,( '" (l"~ T. c:s9} If11w ~))J/ (( ~.. . \\ \f' n · ~ ~<1l /0 t): r----... ~'" :-\, '~~~jf?J" 11t"1\ ~ ~~[~ ..., r~)' '",~ ~:d' _______/r -- \bJ\':L:Jf ""-, ~ i ~~lc rr . 5'{j~~ j~~t~ ~. .' d ~~ ~~ // ') \ \ ~ '1>__ ~ ,.,~ ~ Ii rJ} '/ \ ,'7 "'/ X~ LJ -~ y /~~ !( 11/1"-,- ~~)~~~~~."~ ~~~~~~ ~~.~~ ~~?/ :11" ~ '~"~~ ~~~~~~'--.~~.~~/}t~~\ ~'?r.\ \ . ~~~ \\~~ -~- \ ~...,,~' .~~. ~~: ;~ :~- . 'D~' [j ~')\ YJ'" ~~ I \~ ) ~~ ,_,-, - ~, ..~ \ ~rl" .'1;. Os )) ) J J:~" f /'\ \ I ~,,~ ~ . L /-::: III /r...~ 0 ~ '1'fT' I"C~4 I ,,--:t'OO I) / // )/ ~~~ ~S\~99~~~~o--.~~ ~~~\\.. / .f~-~=}J7 ~"I' t(~\;r/~0~~...I~'~J, ~) C) ~~ .' -..oJ-- . ~ h I ~ "J ~_ I '\1Jj0/ 1\ I fa ~~. 'I / /'j .~/ ~ ~ .:,-- /11 0 ~!. '~'Qj]~~ iJ. " ~ ( '-J 'l"~~ ~ \ J) ./ , / 1/// lR .Q ,~~ (I)) . ~~~~a~).~ i~~~'~i4~.~ ~~1J(. .~~~~ ,~ .~ ~ (( ~ D t.Q~~,~~' \S\~~~- ~ /~-", -~. ~\~ .~~~,~ / ~~~~ > J~~\\~ ~~ 1" II \J'~ '" )\"' "l,~ ,~ \, ~~ /~ ,c;.j ",\I ~,,:\\ -:::JIJJ / /rh ~ , (\ ~4-., ~\l ~'>>I-~ '{) II 0/ iJ\\0. ( aii · --~~A"'D) '\ '':i!'n/I ~ \:l~......!rl ?:?/ //" //t\ ~ " \ II .J ..Y '- . J o'!" Yf('::::::::: ~ .." ~~~~;~4C~~~4~'0~: ;~~~~~L^ ~1<~i ~tj~\ ~~-~~~.. ~I' .. ~ ~ ~~,~ ,:('j "'\h 1 Te.L..J.')~~TJO~ H"'P Exhibit A --".'-1,.."}lli." ,., -- ~ ,SITE LOCATlON _~ ,.,,,,"" Manitou Properties - C.U.P. .0 ',' ~~~,: ~~/~ ((t:0: ~~K ." ~.", 'I .u~ ' , ! . .' ..' d'" n 1 :.>. _ . . .4.. It I (.~ . _ - \. ill .- ~ ", . ~: '1(, ". 1 ~ hi .." . \) I '" 4tIlot .".10 . '''.\0. -... " - IooW. .( / "i , ',' tl \ \ " \ .\ \ ....... !. \ . \ '\ \ I / , ,I' . . . \ \ '. \ I \ ' \ :41\ \ \ \ .\ ............ " , I I ! I . (' \ . t \ , \.. '. I ~ /' , \ ) / , .' /__ ..~ \ I (" ./:> .~~ . . I "'" ~I , { f /' //,/~:_' '~. \ ~ ( I / .--, .. . .I ,/ -/ ,"\'-- \\\ -~ :j,/ 17; ~- /"' '<.,/t ., ((((11//1// /. ." --"', .I t q .~ ilh i~ --- Exhibit B ~ PROPOSED SITE t PLAN ~...,' , . " <1 .,.. . . . Oe.~IG.~ o~T'& '. I La~~~ ., . f &..oT 'U., ..u"'To4 "!ILJ6O!vlc;,!OtJ. .I~ ~r.t1. NLlr1~ ~ -111.. 't~"I~. OCI't , ~luriJt. u.J1~- t ~&I""""""-.) ... ~"lZ.Ie40 '1' I -. " ,"0 JI51L,&: I .-.~ . . I t I tlUlI..~'- jafl... ~~L/QI1&I4::-&. .. I f '100 4,"'. (e:-.I~) ,<'" ,,-ult<<.e.J.r ZOtJ,~ ~fMT fDC.T'oJ ~T F'C7lZ.TI~ ~"IC. (.;l~ ,.~, ~, C/WT.) ~ ~Ulu.o :t~~C7~~ ",~) I 14lt. ~ ~.., (",~. ~!1. , "",Iolty. 1"1+1.) ':;IT" ~~ ~.Ic:::. ...... '-~E4 '911~QO 1. ' 1.~ P.UoI,J~ PjE.DVJC1l!D 'IUoT..IL/ ,,~c.e. "So~ ~l..I"" Tor..... I" ~'" , e,-"I "'TQ~r.." IID1c:lC7O ~.~., ltt.r"IL/ C7~ ~IDcJO ..,e. T"T"'L. I~I~ ~.~I - ~p Tar~L- ~ .,"" ~.,<- 'If. ~... ..-r~ ""c:::.tl..ITY' ~p..c:::.lrr ~ UlO uIJJT~ (po ","';IT i"'P ~~-.aw.. 6"'~~) , ....., Hl~ ..II ........ . I' ~j;:r,,~. lU4l\.IlfI&O ~I!:.if)~ (HI"", 1'01& c:::.-.,,) "UIl.#I~ !=w..rr "f.1-It., ~II. .."" e. "''' ,..,.. '1t(J 140 ~ltJ. ~ ;r.e..lZ. .,.tl7e. I~ '7- ~.. .. 4e..T~ ~ .~. C11"'-T. (tJt:rr .11ol~LJl7It..l. d 1C..c:;. 'I "I~) NOT ~ ~ '7U "T. , 4$' Exhibit C SITE DATA '. . MAYOR Robert Rascop COUNCil 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: PLANNING COMMISSION BRAD NIELSEN ~ 12 SEPTEMBER 1986 FROM: DATE: RE: MANITOU PROPERTIES - OUTDOOR STORAGE FACILITY FILE NO. 405 (86.37) Enclosed please find the City Engineer's preliminary report relative to the above-referenced request (exibit A, attached). The City Attorney, in response to issues raised by the Engineer, has suggested that the devel- oper should be required to obtain written permission from the property owner to the north to change the drainage (i.e. concentrate it in one lo- cation). The developer's engineer has since submitted runoff calculations justifying the proposed pond and storm sewer sizing. Hopefully, the City Engineer's comments will be available for the meeting next Tuesday. At the special meeting last Saturday, it was suggested that the developer prepare a cross-sectional profile showing the vertical relationship be- tween the proposed.storage facility and the nearest residences-northwest of the subject site. This is shown on Exhibit B, attached. Finally, there was some confusion as to how far back on the site the stor- age area extended. As a reference the pole barn built for Moore Auto, south of the subject site)has been shown on the proposed site plan-Exhibit C. BJN/slt cc: Dan Vogt Glenn Forberg Jim Norton Mayor and City Council Enclosures A Residential Community on Lake Minnetonka's South Shore to .'":;;11> . ir~,~ '.. I \ \t i . , . . ~'<'f:<j.> ." ORR .SCHELEN. MAYERON & ASSOCIATES, INC. Consulting Engineers Land Survevors September 5, 1986 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: City Officials Re: Manitou Properties Dear City Officials: We have reviewed the preliminary plan of Manitou properties and the memorandum from the City Planner. We concur with the comments of the City Planner and have the following comments: 1. The proposed crushed rock parking lot should be sprayed with bituminous prime coat for dust and weed control. The only maintenance problem is with snow plowing. The top portion might get scraped off and it would then need re-spraying occassional1y. 2. The proposed storm sewer across the proposed parking lot must be sized to take drainage from the existing culvert on County Road 19 and also the proposed outlet from the Clarence C10fer American legion Post Park- ing lot on the south. The proposed outlet from the ponding area on the north side of the parking lot drains to an existing low area to the north. This area is not a designated wetland. There have been problems with this low area in the past (flooding in the area of Glen Road and County Road 19). Although this area drains to the same low land now, it will compound the problem with more runoff. Also, the low area that the storm sewer drains into is private property. The attorney should check the legality of outletting from storm sewer piping onto private property. The Comprehensive Storm Water Plan shows no ponding area at this location. The intention was for all the runoff to be picked up with catch basins and pipe. ~t\'\ \)\ -\ A,\ ?n?1 ~:>("t l-/elnmJnin A IIpnllP . .C:/litp ?':?R . ft/linnpPlnnlir: MinnpfmtR !1Fi41.1 · 61' I .131- 8660 ~h'\D''- ~-2- ~ ~ ~ ~ r {) 0 "'l r 1 ~ 2- ~ ,t u- "'1 .. 9 .. :'l lL- ~ ~ I I 1 ~ , . ./ " ..... i' ~ I . Ii I ~ . ~ (( . , -..': ,".1 \ . 4. '\ ... . 1'. I;;;~_ , .." j I.' \ ... ," "\ " oJ"' "'. IJ'." / ' ~ . \ ,'. i ' , ..'" "- 11. .~ . ---'/ ,/~ , , ?I, ~ +- .- ..Q 3 , ,~ . ~ "2 Sl V C \l , <oJ III oAt 'I -0 t \I 1 ~ .- )- ~ I:l> I ::l .,. :1 t- ~ lit .L \t ): . '\ ........ W -, S" :il } \0- I} '1 ~ .. -t - " LOZ -Z N- \O~ . . . . '.. .... ~ 0 CI) CI)...., a:. en en ..... ~ to.r:: Lt)CI) u \) +- . ..... -D J ~ ! ~~1 ~ ij~~ t~ ~l~~ ~ jJla~ ~ ,. ,., ~ 'X I: I 1"1 f:1 - D-;j,. ~-, - l~! . ~~I C<, --po fi! '- ... ~'" l~! '--, ~tll ",,, .I0~ ~ ---... ~'- --.... "- ---- r:lt 0- ~~ ~\ :5 '~ ~ ~A ~ ~~ ~ l-" ~t ~ ~l ~~ '- &l(l ~ - ~ -Till - at) ~ ~ ~ fJ t-in ~ ~ ~ ~ -~ 4 >l.s ~ III ~ ~ al'2 ~ ~ ~Il\ ~ ~ r~ co "2 -~ Q ~ ~~ "2- ...I f'!' 1 .,,- "=9 L. -.. - -- -,- ~., "J6.- \l I ~ - .~~ -q~". ---, '. ~ _"61. _ ~ / ", :'. "---..----~ ~. :.'H---.. -~r-~'''~~, .--:-- -=~ '--" --- - - - - - - ;:! -----.. .. -.- _-- '--'- c.'. 'i., ~ -Dfj.. _,__~ \\ ,,'" ~ / /' ~'~ ~ ~ '" '\. 11 \ \...~ '! ~ 1~ .. \; ,i ~ .@jl \ ~ I .L., I I tK ':,,/ ~ -:E:. II~/ . . '''/1,' I ~----- iI, ,;d >-~~~ ffi f 'I( \.L . L :/. i~ '1.1< 1 :l / - ~ !:':g i!'i"-'/ nu .. -;.: tl: .J ___ - 0.."" --- ~~ w c ~~ I \.. i~ i j/ ~ ..B ~~ I ,~ ~ -~ .. ~ ~I \F- ,- Q.. t' -:zn t\.i ". /' '2 ~!!h : 110 . -t '~i=- ; ~i _ ~~ 4:. ! ~tt ~I t ~~ 1: ~ \ '- ... '- <: /-~ ( /' '\ I) \. '\ , : tl. \ \. f " " .\ ""'.~ . - I( "- "- "-. \--- ~- I J / / .I / \ ---_/ " " \ \ \\ .... lit" r I " \\' .- !; 7: t I ( 5f -4.1= lila ~I~ III I V" b. t!=- '. ". \ \ , II \ . _~.__,r~~'~ri.'~"".~ "J' , '.J .. . '. I I ... CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw K risti Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 19 SEPTEMBER 1986 RE: McDONALD, MICHAEL - RECONSIDERATION OF VARIANCE REQUEST FILE NO.: 405 (86.32) In August of this year, the Council granted Michael McDonald a side yard variance to build a garage at 4695 Lagoon Drive. He had also requested a two-foot variance from the lakeshore setback requirement, but was told to turn the garage in order to comply with the 50 foot requirement. When the garage was actually staked out on the site, it was discovered that his old survey was not accurate. It is not known whether the survey was wrong originally or the shoreline has changed due to dredging or erosion. At any rate it is apparent that the garage can not be built without at least a nine-foot variance. Mr. McDonald has now requested that the Council reconsider its decision on the lakeshore setback variance. He has submitted two alternative plans. The one shown on Exhibit A requires a nine-foot variance, while the one shown on Exhibit B requires a fourteen-foot variance. While the applicant prefers Plan B because it saves two trees, it should be noted that the Zoning Ordinance states that variances, when granted, be kept to the minimum amount necessary to accommodate the improvement. It is therefore recommended that the nine-foot variance shown on Exhibit A, be approved. You will note that this item is not listed on the agenda for Monday night. This was my fault, not the applicant's. His information was received in time to be on the agenda, but I misplaced it. Consequently, I'm requesting that the agenda be amended to includ~this request. If there are any questions relative to this matter, please do not hesitate to contact my office. BJN:ph cc: Dan Vogt Glenn Froberg Sandy Kennelly Michael McDonald A Residential Community on Lake Minnetonka's South Shore (-::' .'~~ ~.'~ . " ',""; , " ,; ".'7 " /' ~. ,.\ /' \ X (~\. ,./ \ A. \rll /' '0 '$- \A 0:: /" \. 4,.~~1 ....... ---. .. " .~ . lI' .~ ~:J.'~' -; ..,.... .'- ~c .fl:., ~ ~~~~,,:i'" Li .~;,~~:~: .~i:. ,". . . .~l os: 0- .... .~ ~ "'. <~ (.) j ~ .'-' ~ ~ '. QC- ~. .~ ~ -<:5 " ....: -- ~ ~~- " '" f ~ . ~-.q. ~...;;... '\I ~.~ ~ ." ~', ~ 't ~ - .. t.. ~ ~ Q, <::oJ \) ~. \l ~ \j '" (Q '-.J \l'" i \i. f-'), )~ ~ (-.) < . " ll. " . -S' 3 ..,.... . c.-.) ~ . '\.. ~ 15 ~. " ~. ~. go'O' ~" .. _ Q ~'t.n ..; OOtn"...~a:: " .... c c .1""'\..... o. , ~ 0 o~~ . 110& ..(/) L- e .. CI.... : u.s: ,e tJ....., ". L' >. .'-;" ~o ;.. '. ,. v ..p s c - 0.' l- t! ~ C C g \I) .% (/) ~ .. .. 'ij\ Z K'\ ~ L ..J Ql .D E :::J OZ.. ....... " ~ -. ~ \. ~ .2.' .. '" \l \J ~. ::I.. ..~ ~ ~ ~ .~ .~ .ct :> ''- .. t._ :.. ," . '~ ~. ! : ~ ~ ,': \I ~ .-, ~ ~ ,~ ). \T'""" (' <,t. .S " . ~ ... " ) a I " .I.. .... " ~. \..9 1"'1 , - <eL. o -.. .'" ,~ ~. " j: " '). () ~ \; ~ s " ~, .),. "it > tS '0 ........ . ~ () () <S- j~ ~ ~ 4 < O-..i '- :;) ~ ...s: '\j .'~ . \.U ~, < <;) ~ q 't - ,1: v l~ .- 'j \) 3, ~ '1 () j. .~ VI ') 4V C;. C l-l '- :t. <> '-+ ~ c: - 0.. II c: c: .~ %'" . CI ..... o (fl' 4Jl c: c: .- . >- .. tI \II > OJ 1..' c: " " :J 0- ~. \II~ .~ ':Ei iQ"~S o G ~ '.~ ~- . ~ - ....:: ~~. CJ 0 In -, ~ -C-oOtS a: - ..... .~O C:C:C:' )- tI 0 0'. :..J W' In-. '~'> .,....1,; a. LGO 1.&.::> t~f~'" I- ~ U o r/'I r/'I < Z ~ :..J <t! ~ :z 5= <- U') ...J < IX: w o W LL "" (5 Q.. < W z il . >- .... c: :J 8 .. iit H'\ I.. CD .D E :J Z ) a: '8 If) - > - "0 .D ~ (I) -, II) L o .. -0 ~ <I( . co '0' .'- -J' ,- - ~ I I . " I .- '- , . -. ,j>\. I .' - W 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: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN ~ DATE: 18 SEPTEMBER 1986 RE: GULLIFER, WILLIAM - C.U.P. AND VARIANCE FILE NO.: 405 (86.35) At the last Council meeting the above-referenced request was tabled and the applicant was directed to explore alternative plans for expanding his house. As of this writing we have had no response from the applicant. He has requested, however, to be placed on the agenda for the meeting on 22 September. BJN:ph cc: Dan Vogt Glenn Froberg William Gullifer ~: ,Iv J (Y' ( '~V S/ cP. D 1/ A Residential Community on Lake Minnetonka's South Shore y' --..... .. .J!!!!!!!' . Owner and Grantor, Lafayette Land Company, a Minnesota Corporation, and its assigns, for and in consideration of the coVenants here1naft~r contained, and for the sum of One Dollar (11.00) and other good and valuable consideration, reoeipt ot whioh is hereby aolmowledged, hereby grant, bargain, convey and quitolaim to the City ot Shorewood, over outlot A, Wild Duck Addition, a permanent sight easement and restrictions as hereinafter enumeratedwhioh Grantor so covenants ,to do and refrain from doing upon s(lid property as follows: 1 . No struoture shall be placed or erected on said . premises except those which may be used or necessary in con- nection with recreational activities. 2. No excavation or topographic challgos shall be made and the general topography of t~le lfu1dscape ...1111 be maintained ~ in its present condition, except tha"t which m1.ght be nec~zs~ to make the property more usable .for recreational activ~.tie's. 3. No use sl1all be made of said property as and for parking area, or any use other than recreational which may a1 tar the wild nature of the pl'operty or other scenic features of the land. 4. This easement is not int3nded to Cive to the City of ShoreWood property rights whieh would give ~le public a right to use the same. The property shall continue 'to be private property under tlle control of the Grantor and his ~eirs and - assigns, subject however 'to the limitation of this easement. - IN ,lITNESS WHEREOF, we have hereunto subseri bed our names this If- day of ~. ___' 1Y7$:' 1M'A · E LAlID COMP A}.~ Byt r: ItS.~ ,. ~ .. 1~Y . -- Its . -.................---~-- 9 ~ , .. . . RESOLUTION NO. WHl?REAS, James Sidwell has applied for a variance for the construction of a boat house (accessory building) on property located at 5000 Shady Island Point in the City of Shorewood, legally described as: Lot 1, Shady Island, Lake Minnetonka, Hennepin County, Minnesota and WHEREAS, the proposed accessory building is located at a distance of 22 feet from the shoreline of Lake Minnetonka; and WHEREAS, Shorewood Ordinance requires a variance for the construction of any building closer than 50 feet from the lakeshore; and WHEREAS, a public hearing on the matter was held before the Shorewood Planning Commission on September 2, 1986, and subsequent to said hearing, the Planning Commission voted to recommend to the Council that the variance request be denied; and WHEREAS, at a regular meeting on September 8, 1986, the City Council moved to direct the City Attorney to prepare a resolution setting forth findings and conclusions denying applicant's request for variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the subject property is zoned R-IA, single family residential, and the required lakeshore setback is 50 feet, pursuant to Shorewood Ordinance. 2. That the subject property contains ample space for the proposed boat house (accessory building) to be constructed within the set-back requirements of the Shorewood Ordinance. If) , . ". 3. That the subject property can be put to a reasonable use without the granting of the requested variance. 4. That the applicant has not established "undue hardship" as. defined by Minnesota Statutes. CONCLUSIONS That based on the foregoing, the City Council of the City of Shorewood concludes that applican'ts request for a variance, as set out hereinabove, be and hereby is denied. ADOPTED BY THE CITY COUNCIL this ____ day of , 1986. Mayor ATTEST: City Clerk . . CITY OF SHOREWOOD MAYOR Robert Raseop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM, Brad Nielsen~ DATE: 18 September 1986 RE: Near Mountain P.U.D. - Sign Permits File No. 405-(85.37) Arteka Landscape Architects/Contractors, on behalf of Lundgren Bros. Construc- tion, has requested approval of permits for entrance monument signs for the Sweetwater Addition and the northerly entry to the Near Mountain project on Vine Hill Road. The signs are shown on Exhibits A and B. Proposed locations are shown on Exhibit C. The signs and their locations comply with Section 200.03 Subd. 11e.(1)(a). The developer has indicated that similar signs have been erected in the Chanhassen portion of the project for thosi of you who may wish to see them. It is recommeded that approval of the signs be granted. BJN/slt cc: Dan Vogt Glenn Froberg Jim Norton Peter Pflaum Enclosures v.^ A Residential Community on Lake Minnetonka's South Shore / - 'F~el.-O ~\...~j2 ~ /. . rtlll"'m'l pW' q -f,' '~'i ':t:I~ . :j!lll1.; ..:~ I _ . t<< ~ :r ." tr -- ~ A-~u ~ e.t-J,.t2:.""'c:6~ . .. -"/4'::a II..~. . ~~;. )- -, _I II! I II Q.~ f ---..-- --...-.------- ~'..pl t:'~, ~rat-J ; -6TI!EiL.. tA:7~ ~ . "- ~'t.I' ~bH~~~ ~~ ~4! i 'o'SP-lF1" ~ , . . II~ ,,'I "VH .J~....rr ~Si~ "', I -~ ~~~ L,,~ n ~r. c: \\ P'1f)!A? ~ ~ -I ti e::~EVATIO~ ~ eW~1 61b'-l ~f411 ::; 1'.c;J1l wc::::rre; e.u~ '='I~ -61~ ~ , . _tll ~ iL~ ...- ~ ~ J ~ " :::. - & t- ~ .~ ~ . ~ ~ - ) :-z · ~ . . . ~ . . ~...~~. .~-Z-- . ~=~-~. .UJQ- :'.' ~~.~ =--=- . ~ . , . ~ ,J ~~ . . ~~. . \\' 'l'cIl.~ · , " .' \ .1~~f1Y"J441~ . ._. '- . c:- " ',' ~) V' \,' ,.;f~A::> ....~. "\. ",,_ I ' .a.J :~. .... I '. .)/7.... ~ ~ ,~1.:", '/ '::":'-. . '- " ~~/ ' . ~"- .... . ~_.-.. ~ 1.\ -.' . ---.;~ _ v. ~ ~ \ ,. \ ~ -- \l) ~ !z III .Ul z ,~ ~ - -, ..... ~. .- ~ ~, ~. ~ 1. ::: \, :'-....~ >\i\ lli- , ~ :~, r~ )lC. ~ . ~ .... ...... o ~ APPROVED PLAN . " tIOIL :.:..::="~':: =.. -::.:=:;:,~: ...':;":. ~ =::- ~~o:: JI~"ot"'i':"=: IN. F..... 0.........',.,. kit' ... *ld... at......... _. ~ow.o by "'- ChaAhe..... Cly C~ on . == :; ::~:,.:u~ t':i;....--. ..... ...... ...... .. CIlaft81 I'" .... wC>>;ec11O L.lIld". 110.. "- p16Gh_ea and 5*'e.d the .AlI .fIlCIIII Ih8ided an I~ -.. 'he baIInc. OllNltlllO .. GM'l1lG ~ - __eel per". ..",..:1 10 an CIf/UIIII' 10 pur-*'" .. t.1fGf of L~... If". . " L~... IfN. Pl'....1 ......... 10 jM'O_ end ....... .. ".nee oJ ~ .... .. ...... _ ..... ..... prDWleO .... .... ......... &I ............ ........ .. .. ...... of ~_ ..... LEGEND CHESTNUT RlDGE AT NEAR _. .. MOUNTAIN 8TH ADDITION ~~tu~~:~~~~ED ~ ~~. A ~n..n . - - \ J .. , NEAR MOUNTAIN . .... ......r... ^^....Iil..........v SHOREWOOD & CHANHASSEN. MINNESOTA 8/86 CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, SEPTEMBER 16, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Chair Leslie called the meeting to order at 7:39 P.M. ROLL CALL Present: Chair Leslie; Commissioners Benson, Watten, and Schultz; Planner Nielsen; Planning Assist. Helgesen. Absent: Commissioners Reese and Mason (both excused) and Spellman; Council Liaison Stover. APPROVAL OF MINUTES Approval of the September 2, 1986 minutes was deferred. PUBLIC HEARING - CONDITIONAL USE PERMIT - OUTDOOR STORAGE FACILITY, CONTINUED FROM SEPTEMBER 2, 1986 Manitou Properties - 5620 Manitou Road The public hearing is being continued from September 2, 1986 due to the lack of information available to the Commission at that time. Public portion of the public hearing reopened at 7:40 P.M. The Commission discussed the Engineer's preliminary report. Planner Nielsen said that he is convinced that the drainage issue is not resolved. John Smith of Smith Architects gave a recap of his previous presentation for the benefit of the residents who were not present at the originial public hearing. George Harrison, 24710 Amlee Road, asked about the dimensions of the storage area, type of surfacing, fence construction, and land elevations. Mr. Smith said the area measures 555' x 275', will be surfaced with a limestone material, that a 7' dark-colored chain link fence is proposed, and the elevations will be graded to 964' sloping to 950'. Mr. Harrison said that he is concerned that the elimination of this much vegetation will result in an increase in the runoff to the surrounding neighborhood. He said he feels this development will cause a "mess". Mary Lou Swenson, 24745 Amlee Road, wanted to clarify that the proposed storage is for boats and RVs only and if storage space would be used during summer months. She is also concerned about the traffic hazards this could cause on Co. Rd. 19. John Bessessen (property owner) said he is hoping for year-round storage business for boats and RVs. Clair Towne, 24740 Smithtown Road, owner of property which abuts the subject site explained what constructive condemnation is - construction which causes the lowering of adjoining property values, and that the responsible party must pay for this loss at market value within 30 days. He said that he will serve a constructive condemnation upon the City and the property owner if this project goes through. Chair Leslie responded that the Commission will make no decision based on threats. . Minutes PlanniJg Commission Meeting September 16, 1986 Manitou -Properties-CUP, continued: navid Littlefield, 24775 Glen Road, asked about how many vehicles would be stored and the visibility of same during winter months. Mr. Smith said the maximum number of storage spaces is 200, and that the visibility will depend upon the vegetation. Bob Gagne, 24850 Amlee Road, commented that he recalls that when the condominium units were proposed there would be no outdoor storage allowed on this site. Jan Wells, 24695 Glen Road, said that it seems this type of use would be better suited along Highway 7, and what are plans for the residential portion of the site? Mr. Smith said there are no plans for developing that portion .at this time. Jan Towne, 24740 Smithtown Road, said they can't sell their house now, and this will cause more problems for them. She is also concerned about potential vandals trespassing th~ough their property. George Harrison, noted that this development would be visible to the residential area, not the commercial portion of the area. Mike DeLadi, 24675 Amlee Road, said that considering the time of year these would most likely be moved in and out, the roads will take a lot of damage. storage areas are unsightly during winter months and the glare of light off snow will cause quite a glow. vehicles He feels of the Dave Littlefield, asked if this request is in compliance with the zoning ordinance. Planner Nielsen explained the different types of uses of land provided for in the zoning ordinance, and read the general requirements for conditional use permits. Jan Wells, asked what the holding pond would look like. Mr. Smith said it would be dry most of the time and not really change in appearance from what it is now. Bob Gagne, said he is concerned about the runoff increasing the existing drainage problem in the Glen Road area. Public portion of the public hearing closed at 8:53 P.M. Chair Leslie asked about the security. Mr. Bessessen said there would be a person in the office during business hours and a security service would provide night patrol. Watten said he would like to see the Engineer's final report and know more about the holding pond, and slope of the area, etc. before making any decision. He said perso~ally he feels this is a continuation of the unsightliness of the entire Co. Rd. 19 corner. Schultz asked if the lighting could be improved so as not to flood the whole area with light. Mr. Smith said in order to avoid shadows, the high light poles were recommended by their lighting consultant. - 2 - . ~ Minutes Planning Commission Meeting September 16, 1986 Manitou Properties-CUP, continued: Watten moved, se~onded by Benson to recommend to Council to allow commercial use of the house, subject to the Planner's recommendations including removal of the garage so that it conforms with the setbacks, but to deny the conditional use permit for development of an outdoor storage facility. Motion carried by Roll Call Vote - 4 ayes. Leslie explained that the reason for the recommendation to deny the C.U.P. is that the 60mmission feels this is an inappropriate use for this land. STUDY SESSION - SIDE YARD SETBACKS IN THE SHORELAND DISTRICT Planner Nielsen explained that the 20 foot side yard setback requirement for lakeshore lots is being studied due to the considerable number of nonconformities which were created as a result of the increase from the original 10 foot setback. As a conse- quence, many variance requests have been received since this change. He said the easiest option would be to reduce the side yard setback back to the 10 foot requirement. One alternative would be to require a total of 30 feet, with no less than 10 feet on either side. He noted that a public hearing would be necessary to effect any change to the ordinance. Schultz commented that he can see both sides of the issue in that there is some value among neighbors to go through the review process. Benson said that perhaps certain items uould be allowed to encroach on the setback, such as decks or one-story additions, and others made to comply with the 20 feet. Watten said this being a recreational community, open space is desirable, especially around the lake. Benson suggested dis~ussion be tabled to the next regular meeting in October to allow for input from other Commission members. MATTERS FROM THE FLOOR None. REPORTS None. ADJOURNMENT The next regularly scheduled meeting of the Planning Commission will be Tuesday, October 7, 1986 at 7:30 P.M. Watten moved, seconded by Benson to adjourn the meeting at 9:55 P.M. Motion carried. Respectfully submitted, Patricia Helgesen Planning Assistant - 3 -