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040885 CC Reg AgP .. , ;,;l.., 7:45 5. .. 4 . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, APRIL 8, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGE N D A CALL TO ORDER A. Pledge of Allegiance and Prayer B. ~ -Q -U Roll Call Gagne Mayor Rascop Haugen Shaw Stover 1. APPROVAL OF MINUTES A. Regular Meeting - March 25, 1985 [Attachment #1] 2. MATTERS FROM THE FLOOR A. B. ~ PLANNING COMMITTEE MEETING A. B. 4. PARK COMMISSION REPORT A. B. PUBLIC HEARING ~POSTPONED BY APPLICATION REQUEST SETBACK VARIANCE REQUEST Applicant: Mike Halley Location: 24000 Stratford / 6. Place ) DEVELOPMENT STAGE/PRELIMINARY PLAT SILVER RIDGE P.U.D. - Applicant: Bruce Construction Location: South Covington Road at Ridge Road [Attachment #6A - Planners Reports] [Attachment #6B - Planning Commission Minutes] 8:00 7. PUBLIC HEARING - SIMPLE SUBDIVISION/VARIANCE REQUEST Applicant: Ralph Robinson Location: 28190 Woodside Road [Attachment #iA - Planners Report [Attachment #78 - Planning Commission Minutes ~ COUNCIL AGENDA - 2 - April 8, 1985 8. CONDITIONAL USE PERMIT Applicant: Lan-DE-Con, Inc. Location: NW Quadrant of Highway 7 and Eureka Road [Attachment #8A - Planners Report] [Attachment #8B - Planning Commission Minutes] 9. WESTLAWN II - PRELIMINARY PLAT Applicant: George Larson Location: South of Smithtown Road between Strawberry Lane and Cathcart Drive [Attachment #9A - Planners Report] [Attachment #9B- Engineer's Report] [Attachment #9C - Planning Commission Minutes] 10. TRIVESCO'DEVELOPMENT AGREEMENT [Attachment #10 - Development Agreement] 11. PLANNER'S REPORT A. HOWARD'S POINT MARINA - Request for Sanitation Pump-out Station [Attachment #llA - Memo from Planner] B. ERIC DANSER Building Permit Request [Attachment #llB - Memo from Planner] 12. ATTORNEY'S REPORT A. B. 13. ENGINEER'S REPORT A. B. 14. ADMINISTRATIVE REPORTS A. RTD OPRNTN~S (April 1, 1985) B. LAWCON GRANT DISCUSSION C. D. [Attachment #14A - Bids] t ~ . ax~, ........ ~......~.",;.~....".... ........llJI , ..,...rr ...-..- .... '1l'JV.1IJ CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MARCH 25, 1985 COUNCIL 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 by Mayor Rascop at 7:30 P.M. on Monday, March 25, 1985. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop; Council Members Haugen, Shaw, and Stover. (Gagne was absent). " Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, and Clerk Kennelly. APPROVAL OF MINUTES Shaw moved, seconded by Stover, to approve the minutes of March 11, 1985 as written. MotiDn carried, 4 ayes. MATTERS FROM THE Fl:JOOR- WATER CONNECTION TO EXCELSIOR Brian Holst of 23350 Academy Avenue came before the Council to request permission to hook up to the Excelsior Water System. _This line is already installed in front of the property. Haugen moved, seconded by Shaw, to grant permission for the connection and direct a letter of request to Excelsior for their approval of this connection subject to any and all fees to be paid by Mr. Holst. Motion carried 4 ayes. i DOG COMPLAINT Mrs. H. Gysling of 24385 Wood Drive expressed her concerns about the current dog problem that exists in her neighborhood. She felt that a more restrictive ordinance should be in place and enforced, higher fines for violations should be included. Rascop recommended that addit.ional patroling hours for the spring may be necessary. He also directed the review of our Dog Control Ordinance in comparison to adjoining cities. / . . COUNCIL MINUTES - 2 - March 25,1985 PLANNING COMMISSION REPORT Haugen was present at the last meeting and indicated that the Commission reviewed the Subdivision Ordinance and the Fence Ordinance at length. (, PARK COMMISSION REPORT Martey Jakel and Carol Butterfield made the recommendation for the Commission to appoint Mrs. Richie Hemping to the vacancy on the Commission. She lives in the Christmas Lake area and has had three years experience on the Chanhassen Park Commission. Shaw moved, seconded by Haugen, to appoint Richie Hemping to the Park Commission,to fill out the balance of the term vacated by Roger Stein's resignation. Motion carried 4 ayes. The Commission discussed possible application for grants and the manner to expend those grants. They felt that Freeman Park would be first priority for these funds. They reviewed projects and maintenance necessary for the parks and the possibility of con- tracted services to be used for that. Administrator Vogt has had discussions with Commissioner Lindstrom and Superintendent Zdrazil; they feel because of the additional man available on the city crew, we will be able to put more time into the parks. Jakel reported. art the needed re-pairs at . the chockey-' TiB~S ana- _~c_,; warming houses. ..Presently he has vol-unt-e-er hel}l painting.the,"':' Cathcart. warming.:.hous.e:.and. pi.cnic.ta.:bles.: .. 7 : 45 PUBI:,-ID-:HEARINfr.;' , CDBG FUNDS - :YEAR. X-cPROGRAM.AMENDMENT:=:RESGLH'I'.I-0N-1S-85 The Public Hearing for the purpose of reallocating Year X CDBG funds was opened by Mayor Rascop at 8:00 P.M. Administrator Vogt recommended reallocating the excess funds previously allocated to Ordinance Codification be reassigned. He recommended: Planning (Ordinance Codification) $ 6,000 Diseased Tree Removal/Public Property 4,000 $10,000 After requesting and recelvlng no public comment, Mayor Rascop closed the Public Hearing at 8:05 P.M. Haugen moved, seconded by Stover, to adopt the prepared Resolution in compliance with the Administrator's recom- mendation. Resolution adopted - 4 ayes. . . (( COUNCIL MINUTES - 3 - March 25, 1985 8:00 PUBLIC HEARING ALLOCATION OF YEAR XI CDBG FUNDS - RESOLUTION 16-85 Mayor Rascop opened the Public Hearing at 8:otl P.M. to hear requests for the uses of the Year XI CDBG Funds. Joanne Kvern was present representing the Excelsior Senior Center, she was accompanied by three of the centers volun- teer workers. Ms Kvern made a request for $1,955 to add vent hoods over the cooking area and stools for the rest rooms that qualify for the handicapped. After calling for additional requests and receiving none, Mayor Rascop closed the public portion of the hearing at 8:22 P.M. Haugen moved, seconded by Stover, to allocate Year XI Funds as follows: Rehabilitation of Private Property Diseased Tree Removal/Public Property Senior Center Improvements $13,380 8,000 2,000 $23,380 The Resolution was approved - 4 ayes. ( ATTORNEY'S REPORT TRIVESCO REPORT Administrator Vogt reviewed for the Council the progress of the Staff Meeting_ wi_th the Trive$c-O-p€ople-.---He . indicated that a draft development contract should be ready for the Council's review by April 8. The Ma.yor then reviewed the meeting at Minnetonka with Shorewood and the Trivesco de- velopers. Minnetonka wants the water agreement to be be- tween the two cities but is willing to call on Shorewood to issue a franchise to Trivesco for all the operations of the water sales and use under the following items: 11 Establish water rates and billing procedures. 21 Establish an Ordinance for the control of watering bans and enforcements to coincide with Minnetonka's bans. 31 Water service from Minnetonka to the Trivesco pro- ject to exist for four years or construction of 90 homes, whichever comes first. Also, to include receipt of a letter of credit to cover the cost of installation of a water system to service the Tri- vesco residents at the time of termination with Minnetonka water service. Shaw suggested that the Trivesco agreement relate only to Trivesco and not to any other areas in the City that are served by Minnetonka water. ; \ . . ( COUNCIL MINUTES - 4 - March 25, 1985 Attorney Froberg will submit the procedure format to the Council for further review. ENGINEER'S REPORT WATER REQUEST TO EXCELSIOR - OUR SAVIORS LUTHERAN CHURCH A request from Our Saviors Lutheran Church has been received and reviewed by Shorewood's Engineer and by Excelsior. Stover moved, seconded by Shaw, to approve the connection subject to all fees and charges paid by Our Saviors and subject to the following stipulation required by Excelsior: 1] The City of Shorewood is to pay a charge of $2,250 which represents 5 residential units (to be reim- bursed by Our Saviors Lutheran Church). 2] Install gate valve on Park Street connection point that controls the water supply onto the property making sure that there are no cross connections between the City water supply and the existing water supply at the church. 3] All Engineers' and state plumbing codes in regard to the installation are met. 4] The City of Shorewood shall notify the City of Excelsior at the time of connection. 5] All water shall be meterednto facilitate proper billing uf usage. Motion carried - 4 ayes. ADMINISTRATOR'S REPORT LAWCON GRANT INFORMATION LAWCON Grant applications have been received. The Admini- strator would like a list of priority projects from the Park Commission soon as possible as the applications ar~due by May 6, 1985. He will be sending in two applicant~.Ior pass- ive park plans and for organized field type plans. Rascop directed that the necessary Comprehensive Plan - Park Capital Improvement Plan be prepared for review and submittal to the Metro Council by April 8, 1985. The applications will be submitted for improvements to Freeman Park only, as this time. ZONING ORDINANCE REVIEW HEARING The Public Hearing to review the new Zoning Ordinance will be held April 29, 1985 at 7:30 P.M. instead of April 15, 1985. . . -r. COUNCIL MINUTES - 5 - March 25, 1985 CLEAN-UP DATES Clerk Kennelly submitted information regarding the Spring Clean-up. Council conformed Saturday and Sunday, May 4 and 5 for this year's Spring Clean-up. GOETTLEMAN KENNEL LICENSE Haugen moved, seconded by Shaw, to approve the issuance of the 1985 Kennell License to Don and Jean Goettelman of 6170 Cardinal Drive. Motion carried. WATER TRUCK SALE Three bids were received from the publication for bids for the damaged water truck. Vogt and Zdrazil recommended the sale of the truck to Perry's Auto Body for $500, the highest bid received. Rascop moved, seconded by Haugen, to award the bid to Perry's Auto Body for $500, motion carried. c: STORM SEWER SPECIAL ASSESSMENT POLICY REVIEW Administrator Vogt explained various forms of storm sewer assessing after reviewing policies set by other cities. The Council discussed some of the methods such as, rate. charges billed like utility charges within districts, assess- ments within drainage zones, benefit clauses, levied taxation, extraordinary benefit and many other variations. Council will discuss the policies further at a. meeting-with.f'ull"1l"tt.endance of all council members. MAYOR'S. REPORT- ~,... '~T ~_m'.~___._. ._._.... _~._ CORRIDOR STUDYREQUEST_F'ROM MINNETONK.A..-.~__-=~.--.~ A letterwasrecei-ved from the. City of Minnetonka, request- ing Shorewood to have a corridor study completed prior to any alterations to the Vine Hill Intersection or adding any new intersections. Mayor Rascop directed the Administrator to respond to Minne- tonka stating that we would like to have in-put if they, (Minnetonka) and/or Deephaven would like to do a corridor study, but we are not interested in any further expense for additional traffic study. ( POLICE DEPARTMENT - NEW BUILDING AND CONTRACT CHARGES Mayor Rascop asked for opinions from the Council on possible changes in formula they would like to see if the police con- tract is reopened. There will be a need to reopen the con- tract when the decision is made for the location and what city will bond for the new police department building. A 15 year agreement may be necessary to insure the department will continue to lease the new building for the period that coincides the bond payments. Joint Powers attorneys, Froberg and Kelly will draft an agreement. Rascop supports "pay for use" to be incorporated within the new contract formula. . . COUNCIL MINUTES March 25, 198~ J;I~ LETTER IN APPRECIATION - BRAD NIELSEN ~ f ~) Mayor Rascop directed the Administrator to place a letter -~ . received from Russell W. Lindquist, of the Dorsey & Whitney law firm. Mr. Lindquist's letter was in appreciation of all the time and information Brad Nielsen gave to his stu- dents at the William Mitchell College of Law. - 6 - CC SS ON CHRISTMAS LAKE Haugen her concerns about the preservation of Christmas Lake if the Executive Committee of the State of Minnesota tries to obtain an access by means of condem- nation. She feels it may be necessary to establish some heavy restrictions on lake use and submit them to the com- mittee by June as an alternative to the DNR obtaining an uncontrolled access and lake use. ( FINANCE COMMITTEE REPORT Members have been appointed to specific projects to obtain the goals that were previously submitted to the Council. Stover said they will be making a request to have the Finance Director attend three an&fourmeetings a year for the purpose of explaining the Financial Statement. APPROV1U,:- GF'r.T;JrTMR .--':-'~'.- Rascop moved ,seconded by Stover y-to -ad,journ the Regular Council Meeting of Mar-eh27,' 1985 at'l-&:Jfe-P;M..... subject.o't-o.~ approval .of claims for payment. Motion carried - 4 ayes. General Fund - Acct # 00166-02 Checks 30176 Liquor Fund - Acct # 00174 Checks 3134 Respectfully submitted, Sandra L. Kennelly City Clerk Mayor Rascop ( ... _ Check # 30247 30248 30249 30250 30251 30252 30253 30254 30255 30256 30257 30258 30259 30260 30261 30262 30263 30264 30265 30266 30267 30268 30269 30270 30271 30272 30273 30274 30275 30276 30277 30278 30279 30280 30281 30282 30283 30284 30285 30286 30287 30288 30289 30290 30291 30292 30293 30294 30295 30296 30297 30298 30299 30300 30301 30302 30303 GENERAL F~- BILLS PAID SINCE MARCH 25, tIIf TO WHOM PAID PURPOSE AMOUNT Brown Photo Assessor-film development $ 26.60 ACRO-Minnesota Office supplies 159.59 Earl F Anderson Traffic control signs 347.25 Astleford Equipment Truck parts 22.88 Chaska Parts Service Truck parts & shop supplies 198.90 Clutch & U-Joint Truck parts 135.00 Mary Dalton Clean City Hall 42.00 City of Deephaven Road stiping 318.39 Rolf~Erickson March Assessing fee 1,525.00 W.W. Grainger Vacuum cleaner supplies 24.42 Hennepin Co. Treasurer B&R Prisoners-Feb. '85 2,308.00 Metro Waste Control Comm. SewercService Charges 'Apr. 20,370.69 Midwest Asphalt Corp Winter mix 581.45 Commissioner of Transportation Relamping 140.54 LMCIT Employee Health Ins. 1,991.64 Minnesota Mutual Life Employee Life Ins. 140.30 City of Mound 2nd Qtr 1985 Fire Contract 1,052.94 Pommer Mfg. Co. Plaques for Commissioners 108.50 Red Wing's Mobile Truck parts 14.28 S&S Welding Truck parts 60.00 SLMPSD Apr. budget, court OT, Feb. book.22,754.84 Tele-Terminals Computer hardware & staff train 6,014.00 Tonka Auto Truck parts/shop supploies 125.31 Village Sanitation Service for March 69.82 Warners True Value Paint - Cathcart Warm. Hse 91.65 Ziegler Inc General supplies - PW 320.04 Northern States Power City electricity 849.84 Northwestern Bell CH & PW monthly servic~ 341.05 Minnegasc6 Utilities 1,135.64 Leef Bros Rug & uniform cleaning 135.40 AT&T PW lease service 13.05 AT&T CH" " 50.92 Gary Larson Legal service-March 1,915.20 OSM City Engineering-March 3,855.18 Key Leasing Equip. lease ~ April 223.30 Budget Paper Coffee 44.00 Ev Beck Salary 728.95 Roger Day " 572.08 Roberta Dybvik" .436.49 Dennis Johnson" 572.08 Sandra Kennelly" 578.87 Susan Niccum " 388.16 Brad Nielsen " 702.55 Dan Randall " 560.33 Patti Ray " 443.27 Howard Stark " 525.33 Dan Vogt " 802.13 Ralph Wehle " 525.33 Don Zdrazil " 749.23 Brad Nielsen Mileage 27.42 State Treasurer-Soc See FICA WH-Mar 27 payroll 1,544.70 Dennis Johnson Mileage 22.44 Minnetonka State Bank FWH - Mar 27 payroll 1,370.00 Commission of Revenue SWH - Mar 27 payroll 758.00 State Treasurer-PERA PERA WH - Mar 27 payroll 903.83 Internal Revenue Service Underpaymt on 1/3/85 p.r. 9.00 Hance Hardware signs/sm. tools/paint-Cat~cart 97.97 TOTAL 79,825.77 't' Check # 3193 3194 3195 3196 3197 3198 3199 3200 3201 3202 3203 3204 ' 3205 3206 3207 3208 3209 3210 3211 3212 3213 3214 3215 3216 3217 3218 3219 3220 3221 3222 3223 3224 -':--3225'- 3226 3227 3228 3229 3230 3231 3232 3233 3234 3235 3236 3237 3238 3239 3240 3241 3242 3243 3244 LIQUOR F~ BILLS PAID SINCE MARCH 25, 191 TO WHOM PAID'" PURPOSE _ _ AMOUNT 4,106.69 1,930.25 115.24 104.55 378.70 474.89 2,729.76 101.49 1,503.98 42.50 1,478.94 42.39 158.27 12.66 233.66 242.64 75.44 11 7 . 88 429.70 97.00 134.75 44.63 464.46 139.00 258.65 51.00 189.13 382.50 19.80 207.80 222.00 121.00 121. 59 232.50 21. 66 160.71 295.50 42 . 13 1,715.00 747.88 859.09 381.89 49.75 30.00 809.50 407.62 108.50 596.59 814.80 336.39 560.08 1,296.59 Commissioner of Revenue Bell Boy Corp Ed Phillips & Sons Minn. Bar Supply Johnson Bros. Wholesale Intercontinental Packaging Quality Wine & Spirits Village Sanitation Quality Wine & Spirits Prior Wine Co Griggs, Cooper & Co Village Sanitation Northwestern Bell AT&T NSP LMCIT Minnesota Mutual Life Susan Culver Russell Marron Bob Nash Don Tharalson Stephen Thies Bill Josephson Susan Latterner Steve Maeger Chris Meyer Stewart Peterson Dean Young Russell Marron State TreaSurer-Soc Sec Mirtnetonka-State Bank; . 'Commi ssiOri--of . Revenue S:ta'te Trea:stiF-er-PERA~..:. NSP- AT&T Northwestern Bell Minn. Sub. Newspaper Village Sanitation Ryan Properties Griggs, Cooper & Co Ed Phillips & Sons Quality Wine & Spirits Nu Beverage Concepts Minnesota Bar Supply Twin City Wine Co Prior Wine Co Eagle Wine Co Johnson Bros Wholesale Bell Boy Corp Eagle Wine Co Twin City Wine Co Quality Wine & Spirits February Sales Tax Liquor purchase Wine purchase Misc purchase Wine Wine Liquor & Wine February service Liquor & Wine Wine Liquor Service for March-St. #2 Monthly service & ad monthly service-St. #2 Utilities Employee Health Ins. Employee Life Ins. Salary " " " " " " " " " " Mileage FICA WH Mar 27 payroll FWH Mar 27; payroll SWH Mar 27-payroll PERA WH Mar 27 payroll.> Utili ties Monthly service--St-#l &--2 Monthly service & ad Ad Service for March-St. #1 April Rent Liquor Wine Liquor & Wine Clean & Repair pumps Misc purchase Wine Wine Wine Wine Liquor Wine Wine Liquor & Wine continued, next page... . . . MAYOR Robert Raseop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN/JIM NORTON DATE: 29 MARCH 1985 RE: SILVER RIDGE P.U.D. - DEVELOPMENT STAGE AND PRELIMINARY PLAT APPROVAL FILE NO. 405 (85.02) Jim Bruce has requested Development Stage approval for the above-referenced project. In a P.U.D. consisting entirely of single-family residential development the Development Stage consists primarily of preliminary plat approval. The preliminary plat is attached as Exhibit A of this report. Similar to the staff report prepared for the Concept Stage review, both planning and engineering concerns have been consolidated into one report. In reviewing this stage of the P.U.D. the following items should be con"'"" sidered. PLANNING 1. Private road. Whereas the current City policy which allows private roads for certain developments requires a 20 foot surface, the develop- er has asked for a narrower access (14 feet) more in character with a residential driveway. While the staff does not feel strongly about requiring 20 feet, it is felt that two cars should be able to pass one another on the driveway. In this regard 16 feet is recommended. Some concern was expressed by the Planning Commission as to whether Outlot B should be dedicated as public right-of-way or left in private ownership. In discussing this with the City Attorney, his initial reaction was that if a private road is to be allowed, the ownership of the outlot should also remain private. Liability and maintenance were cited concerns. He is, however, exploring further the advantages and disadvantages of public vs. private ownership. Plat approval should be subject to the Attorney's final recommendation on this issue. 2. Driveway turnaround. The developer has provided a widened "Y" type of turnaround as previously recommended. A Residential Community on Lake Minnetonka's South Shore 6cL PLANNER ANDmmINEEi. .RT SILVER RIDGE P.U.D. 29 MARCH 1985 page two . 3. Setback alterations. The setback variances discussed in the Concept Stage review are illustrated on Exhibit B, attached. This exhibit will be incorporated into the development agreement prepared in the Final Plan Stage of the P.U.D. process. 4. Designated wetland. As per our previous recommendation, the developer has made the designated wetland an outlot (O.L.C). As part of the final plat a conservation easement must be dedicated to the City. 5. Covingmn Road realignment. The plat shows the reconfiguration of Covington Road as it connects to Old Market Road. Since the old align- ment of Covington Road affects the front yard setback for Lot 3, Block 2, the possibility of vacating the unused portion of the old r.o.w. was discussed. The Engineer has expressed some concern with this due to the existing sewer line locatee in the r.o.w. While the r.o.w. could be vacated, leaving an easement for utilities, it may be advisable to keep the r.o.w. and adjust the required setback for Lot 3 relative to the new street alignment. The resulting setback is shown in Exhibit B. 6. Watershed approval. The project is divided between the Minnehaha Creek and Riley-Purgatory Creek Watershed Districts. Plat approval should be subject to Watershed recommendations. ENGINEERING 1. Private street design. The applicant's engineer has suggested a 2.5 inch bituniinouswear' 'Cour:5eover-six inches of Class 5.. 'cWhilet-hisis considered atceptable",p,lans and specifi<(atio:ns for the'typi:cal~treet sec t ion.-will be,reqUired.as part Df._the FinaL Pian ap'prova:l;~' 'If 'any kind of curb.ing..iS,:t.Q., bap:rovid~d, resul,tingdrgimrg-e shou.ld -tie-aadr'e-sse-d'. 2. There is a question as to whether sanitary sewer lines within the plat will be privately or publicly owned and maintained. At this time it is assumed that they will be private. I~ \ 3. The 12 inch line crossing Lots 1-3, Block 2 is owned by the Metropolitan Waste Control Commission. Consequently connection thereto will require MWCC approval. The City Council must pass a resolution requesting the connection on befalf of the developer. 4. Water service will be available from the Waterford development to the north, giving the developer the option of installing private wells or reaching an agreement with Trivesco, Inc. to connect to their system. 5. Street and utility drawings submitted to date are considered preliminary. Final construction drawings will be required prior to Final Plan approval. en q ~ ~ ;t G " , ,., ~ \~;I\ f'01,"I/I. · [II! Ii! iQ':'\ ~ '(,'1/1' '1J ~ ~! :r~~/A'" -~~ ;\..~WA~ ')1 J 'I "\~ ~( ~ . ,/1 b 1"\ ~ r - S ~~'j,~&t~JI~i''''J1 ~}" ~/ fl?;;~_r'~~~~~~~~\ I. 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'-~'--.:: ---.~;;-:.=:~.:~:..--.-.: ,~ ) ~ ~1_. -."'; i/':\ ,/'I:~)~2:~' '7 ,'1J;t7/ ...' O.L.. C~~\ . ~~~~: , ' ~:=--:~..~ -, :'1S'~~'-=l~,l !~ f. :', : , ,1~ O:i .'." ~ /; >1:, 'A~ ~, 1/~.r.III2'5, m~"80 .. ~_.,~ . ~I.l'l-:' I.. ~... 0~~.:>J-""'-,~~, ~';;... ~ 1'1 ~'::~-L ------t---'----L ~.:.;~T--- .-- . 1 '.~-r:.:r~j '\.... · 11/1 OWNf:f.2 AND DF:V€LOPeR.: (jRUCE' CONBT12UCTION 539 e. LAKe STReET WAYZATA, MINNCSOTt::. 55391 Pfl.475-2622 COMPANY ". . ',~!'t?/~ " ,", ...t~~ .... 'i~~t:..k " "~"""l\' , "'1" . , ,_.:~ ", '. '... "i\ . , ,':, ..\\~. -", . . CONCePT Pl~N AND . PRflIMINA/;Y PLAT OF: SILVER RIDCE 6C/-IOE'LL &. MADSf)N, INC. eNGINeeRS . SUl<vevOR.S. PLt:WNE'tlS }/OPKINS PJ.I. 938- 7601 1-.fOO' , ~~IPTION, Thttt part of _ following -..... _'" whlcl\ 1'- ...-.)' 01 IN _r I.... '. or CovI"lI!IDn ~oad: T....t part of Gove~ Lot 4. Sec:eIon .,''T--.tp 1t1'. ...... _. __ .. ~ at . ........ on ... liNt .... of _kI GooM","*," 1.01: 4 dl.eant 877.4 _ _ .lor4J akl ~ l.... - .. ~"" ,'~., 010...- ,_....1 ~... Iioult> en.4 """ ... eatet ~ -1'nePI --.. ; ":.:':J'lt _t.1oolg _ !Ooulh """ of ealet ~ Lot 4 .-....-1lI'......... ......:;.' __ deIIecttne II> ... '"'tIN _ Ilat_ ... ~ .".II\IltMOe ot 47'0."e.&; '....', .,...,... or 1_. ID ...,t...........""wt.. ~!~ *-' pa.,.lI., t1ta.lCl~.~ '~"L~;: _ of _Id South 1"""_ w.t ...... ..'lit pa....leI ........ ... __ ot I,." 0......... La.... __........1"\)' ........Id ___... I. ~ w... line ~wn W.~. pa"'llel IDIh!O. .......1....." .....o..ao""'-' Lot4._ . point on _ NI>r1b _ SooIlt> _....,.IIM .".l'if.$~"~.. r_ North .""", _Id ~ I....'"..,. _ SouIh line 01 .... 0.....-.- Lot 4; _nce Eut .Iong _ \ailt .............. ,.......at IIna .... pOIrIt--- . aM.. r..l Weat r..-. _Id Quat1IIr I..... __ North. paralla' ID _let .....' llna, . dl_..... ." II teat; __ .......If ... . point on _kI ........ IIna 80& r..t North .1""8 ..Id __ llo1e fIooom ... ....... II... of _kI 00... ,..___ Lot 4; thence South &1""8 _141 ~ IIna 3." reet II> ... _ llo1e of .. Town Roed. __ -..-tartlf .Ioolg ... oerUf' IIna of .. T_ ..... ... ItIo \nta_"" with . I.... *- w_. ,.ran.. II> ... South IIna of .... Gove"""'....t Lot 4, from _ point of ba8.....I"IU __ EuI ... _ poIrlt t;I baglnnl"ll. Th. _<1.. 01 _ ............ _ ........... II)' '-"'Olal ............. - pureuar>t to To....- CUe No. '_ll .. _ II)' _ pial of ....-- on ftl. I" It>. omc. of _ R.lIt- of Tltl.. .. Document No. lllllIlNla. r_- \..-~- }i ~.I:..'~ .~. ,~ ':'J ,~,. ,.~ :~ "~ " ( I' . , .. . 1) Exl.Ung zoning" H-1 Stngle Fam")'. a) Ar.. doI"",led liD ....1ae..U.1 .... . "'1,100 _... r..t or B,.leo .c..... A.... In CvvIngton R.,.c1 . In,IOO _r. r..t or 1.1211 .cr... ~r.. In Outlol~, . ..100 _... r..t or 1.0171 .c..... Toeal Ar.. . '11',000 aqu_ r..t Or ....... .c..... 3) Tupogr.phy IlOcI utility Information prov\cIad by err-Schal..-Maye,..", l!L AallOc1etee. 1oc.. . 4) Total lotio. 10 Iota . outlot. 5) A" d1._. .... acalacl. Exhibit A PRELIMIlffiRY PLAT Silver Ridge P.U.D. '.~ 'I 1 GENE~AL NOT~ } / ( \ \.. )~... llI...__ . /,' T S. line of GO'll LoJ 4 ./ II/I -1._ -'8045' --L '&61 = R-1 Single Family. residential use = &q~.'lOO square feet or 1~.6Iao acres. Exhibit B SETBACK ALTERATIONS - .- ,-, - .~ -..... "_'~ .. .......... "'..." "".4 . /I. .. -........ " .; MEMORANDUM TO: FROM: DATE: RE: FILE NO. BACKGROUND . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 27 MARCH 1985 ROBINSON, RALPH - Simple subdivision and variance 405 (85.08) Mr. Ralph Robinson requests approval to subdivide his property located at 28190 Woodside Road (see Site Location map - ExhibtA, "attached)intiothiee lots. This samerequestwap submitted by Donald lC. Rippel in :l979 and ap;'" proved by the City 'Cotilicil 'in 1980. Failure 'to 'record the diviSion' at that time requires that the'subdivisiori be reprocessed as a new request. Back- ground information is attached in the following exhibits: Exhibit B - Staff report from Midwest Planning and Research dated 11 April 1979 Exhibit C - Excerpt from 12 April 1979 Planning Commission Minutes Exhibit D - Excerpts from 23 April 1979 and 14 July 1980 City Council Meetings Exhibit E - Original subdivision sketch prepared by Donald Rippel ANALYSIS/RECOMMENDATION Our original staff report addressed a number of issues relative to the request. With only one exception neither the issues nor our comments have changed from the 1979 review. What has changed since the request was approved is that the City has refined its policy pertaining to lots accessed by private roads. Specifically, the private roads are treated the same as public streets for purposes of determining setbacks. A Residential Community on Lake Minnetonka's South Shore 1a-/ ~ . . ROBINSON, RALP - 2 - 21 MARCH, 1985 Exhibit F contains a survey of the subject site showing the precise loca- tion of the private road easement. Required setbacks have been sketched on the survey in heavy dashed lines. As can be seen, the buildable area for Tract C is quite limited despite its relatively large size. It is important to note that the portion of Tract C which lies north of the private road and the portion of Tract B which lies east of the road are unbuildable. Despite these limitations all three lots are considered buildable. In this light, our previous recommendation from 1979 is still considered valid. We could not find in our records where the park dedication fees ($500 each for the two new lots) had been paid. Nor were the City's previous expenses for processing the request ever reimbursed. These should be paid as a con- dition of the City's approval. Finally, the applicant should be advised to record the division within 30 days of his receipt of the Council resolution approving the request. BJN:rd cc: Dan Vogt Glenn Froberg Jim Norton Sue Niccum Ralph Robinson , . ~ II . \ ~i~ c ,9 ~ : 3OISOOO'" I I , I , I I Exhibi t A SITE LOCATION Robinson - simple subdivision and variance request ~ i " ~ ~ ,- ~ ).... ~ .. = . -- I . lU '..- ..: 8 Ji lit . >.. .- .C... U ._ U -.~ ~ ~ iI-co, J c . .-. ..->"Iic . " .... :;) ... Rj lit lit 25.8 III u .t:.- l;-- . 'Vi := ,- .. .... I ~ c '-i:! ... ..c..c 0 >...uo gilt>.. .- 8 X. _ '- c .. ... 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U U _ 0 o c U .~ ~-:e .gS"'2 Q..uo - U -f - o c o .- - u 1- o U c 8- :;) "'0 U ~ .- &.. ~ .! "'0 -'5 -2 lit U N .- lit - o "'2 o ! o 'j; c ~ :s ~ 8- o . &.. >- Q.~ .! :;) I- lit . N 'u c :;) d .~ I: U >- >- ~ "'O~-~ . c~'"ii 'f~ 0~~0"'O o~.1JI.Z- >-5lcE~ ~_ E!.- 0 ~wl.&.""'C .. U U - I:) . 0- ...... I 8; . C\I I P.:l .p OM ,.a oM ~ IR -0 - ~ . . City of Shorewood Planning Commission Meeting April 12, 1979 PUBLIC HEARING - Don Rippel - SUBDIVISION Applicant proposed to resubdivide Tracts, A, B, and part of C, of R.L.S. #8 into approximately 3 - 40,000 square foot lots. .The land is lakeshore property located on Woodside Road and zoned R-l. A house and tennis court currently occupy the property with access provided by a private easement which loops through the property to the south which is also owned by the applicant. .This easement now serves 4 residences. . With no pinput from interested persons, the concerns were discussed by the Planning Commission: 1. access by easement - Shorewood Policy - no more than 3 parcels may be served by private easement. ,Public street not feasible. 2. 25' setback - adequate building setbacks from easement. 3. ~ennis court principal use of the lot. MOTION: Leslie moved, seconded by Gagne, to pass on to the Council a recom- mendation to allow the petititioner to divide his property; s~bject to the planner's recommendations. Motion carried unanimously. Exhibit C PLANNING COMMISSION MINUTES Excerpt from 12 April 1919 meeting . . CITY OF SHOREWOOD REGULAR COUNCIL !v:EETING APRIL 23, 1979 DONALD RIPPEL DIVISION - RLS RESOLUTION NO. 32-79 28190 Woodside Road - Plat 35415 Parcel 0385 - (RLS 8, Tract A, B, & part ot C) Moved by Shaw, seconded by Keeler, to approve the 3 lot division tor replatting ot the property owned by Donald Rippel, Tracts A, B, & part ot C) registered land survey #8, as recommended by the Planning Commission Motion carried by a unanimous vote (4 - 0). ~ OF SHOREWOOD A~GULAR COUNCIL MEETING /'JULY 14, 1980 RIP'PLE DIVISION - Final RLS - 3 lots RESOLUTION NO. 49-80 28190 Woodside Road Moved ,by Haugen, seconded by Keeler to adopt a resolution to approve the final plat of Registered Land Survey for Donald Rippel of 28190 Woodside Road. PID No. 32-117-23-31 0003 in accordance with the survey by Egan, Field, & Nowak, Inc. received 7/l~80, provided that the owner furnish a copy of the permanent road easement as an attachment to the RLS for the city files, and further that the Mayor and Clerk be authorized to execute the plat. Motion carried unanimously. Exhibit D CITY COUNCIL NIlfUTES Excerpts from 23 April 1979 and 14 July 1980 meetings . : i : I I I I I ; I I \ I f...', -4 ~ CaD P ;!: .1 I (o\- l4 1 I 1\ I \' " .. , ,\ \ I I Ut, !.. \ IIO'.t I -- - - -- ~\t~:"l.~- .' ..... ... " , .'" '" '..... ... "', ........ . ,'/ I ' \ . to.\ 1 I:!: t~ _ TllU- ,'....\ .. \ \ \, \ \ .. +. - , ~ 4~yrD.P! } \~ ~. . --- --- . ~~---- Exhibit E ORIGINAL SUBDIVISION SKETCH .. ~. ;' . Ai l. t '''~>>A'JtJt.l Ant'~I"Aff ~, '. -~ . ~e~t~ fastll*l\.t a ~Tn~dr_ ,,;H\ ~~) 1 o ..... ...... " ~~~~~ . " { ~t"'o..f:'" · " ,\ ~..~.~il \\ \ t\ \ \} -", ,} ~ I J , I / I /..< ~~~ . /-l. .. .w~~ /. . ~)C._ ,-,o'"idi, ~f~ t.<<il~ .to~' , 44 ()X)~ i "( ;' , l()\- ~ .' ... . .. . 52.1 feet and there terminating m:'i,T ., RL.$. on. per pt'Opo.ed Regi.tered J::' ' E'LY LINE OF \.La . i' .~~~T A~ LS--' . '\p ~ ~ ,-\ \ /', ~ 00 \ ./"" .' ~ \ ~ ~CJl ~ <=> \ ./ '.V -'!. U'.. ~ J.----- /" ~~~'/:.~..-/ ~ 0 ~\. ............--r __ \ ~:Z\'T;.I!>~ / 0,: O. Co - \ -,~:: ~ .-/ .... . _ ~- ----4- .- ---- ,-- I - -- ....-J;- -- ~ ----- - .. ~~ ....)...- ~ -~ a..o.c~""'" ~ .. ~ r ;', I, \ \ _{_ ~.__ _~_ U\~ -h-~ L---- -- --- -- ; her,:>t-y ,., Wd', J,)1,'pa"t'. a'id tll,~ t . .nder t hI.'- ~ ~ " ~.~" 449.00 ---- --, /..J (~ ~ -~~ ,) / _ __ .. c_ ~ --./-_ ~ ~ //r:>'" ..: ~4, I '/' '- ---- -- ---- ~ ~ - ~ I ~ l~,t'.( io// ~..,.~ ---- ---- , :-, '-II,: . /. if / I/f ' ..s I I _. /- J..t) I ~I ft~ ..... - - - 111_- '''.'''/ I ... ~- --j-r +- -- ~I/ I / TRACT B / l~ / / / ""'E -," r-) ," r' - - 4.Q; h ' e.tl\"3oJ9'Ou I r\ ,_\ \,/ : .....l:~ /, ;' 71' 'J ',~~I . :"-. __ ....-J .... , L- - --- ~ t?~ .... /-~_ _ ~_"6~6. -=- _ ~-~, ~~.03:,OO.Yt /.;,l ;r;-._-'--_l-~ "~>~~l-"~!_--~-- l;;~~nt'iV~I~~ M~/ · I. EAST -- ~ ~ (j ~ ~ - r r-) i' r, -I- I I', ,-\ \J I '': ) " ' l I L.. A .~ t t',i tI, It- ".. - . 4.. ~: ; , 3v: ~. .-fw.l.... ) ./ ,..., --. &72.20 ~,~ " J. I .----- - -{ ~--- f' \.... I \ ...... . ~ I If.. Q,~ Exhibit F APPLICANT'S PROPOSED DIVISION Setbacks shown in heavy dashed lines . . I!iUDde f ." . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: . BRAD NIELSEN DATE: 28 MARCH 1985 RE: LAN-DE-CON, INC. - CONDITIONAL USE PERMIT FILE NO. 405 (85.06) BACKGROUND Mr. Mark Laberee, President of Lan-De-Con, Inc. has requested a conditional use permit (C.U.P.) to use the land located north and west of the Highway 7/ Eureka Road intersection (see Site Location map - Exhibit A, attached) as a tree farm. Lan-De-Con is a landscape design and construction firm whose retail operation and office are located in Tonka Bay on the east side of County Road 19, just north of the railroad tracks. Their request is ex- plained in a letter from Mark Laberee, dated 5 March 1985 (Exhibit B, attached) . The property in question is currently undeveloped and zoned R-1 and R-2, Single Family Residential. Surrounding land use and zoning are as follows: South: State Highway 7 forms the border between Shorewood and Chanhassen, residential development south of the highway West: single family residence, then Freeman Park, zoned R-2 North: designated wetland, then Freeman Park, zoned R-2 East: undeveloped and single family residential, zoned R-1 Exhibit C shows the topography of the site and the location of existing wetlands and homes in the vicinity of the subject site. Exhibit D contains their proposed site plan. A Residential Community on Lake Minnetonka's South Shore Ra..- .. PLANNER'S REPORT LAN-DE-CON, INC. 28 MARCH 1985 page two . . ANALYSIS / RECOMMENDTION Before the Lan-De-Con request can be fully evaluated, a basic determination must be made by the City relative to whether our current Zoning Ordinance even allows a tree farm in the R-2 district. Heading the list of conditional uses in the R-2 district (Section 18, Subd. 3) is "Farm and truck garden, excluding any retail sale~ facilities;...'~ Unfortunately the Ordinance does not define either farm or truck garden. The new Zoning Ordinance, however, contains the following: "Farm. (see Agricultural Land). Agricultural Land. Continuous acreage of ten (10) acres or more, primari- ly used for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, or animal or poultry husbandry." It is felt that the propOsetfi1~"i''f'fis that definition with one minor except- ion. Although the total site contail1:> 10.5 acres of land, it is divided between three parcels, rather than being continuous acreage. If the request is considered acceptable in general, this issue is easily resolved by legally combining the three lots. This would also be to the City's advantage, since the individual lots would be difficult, if not impossible, to develop. Purely from a planning perspective, the Lan-De-Con request is considered a reasonable interim use of the land. The establishment of a landscape buffer along Highway 7 will undoubtedly enhance the value and livability of future development on the property. If the Planning Commission and City Council agree with the definition in the new Ordinance, the following conditions should be considered: 1. The three parcels should be legally combined into one. 2. The property should be used only for the growing of landscape stock. No retail sales activity should be allowed. 3. The evergreen landscape buffer should be planted immediately. Con- sideration should be given to planting larger trees (4 - 6 feet high) adjacent to adjoining residences. 4. The impact of vehicular traffic on adjoining streets and residences should be minimized as follows: a. Limit hours of operation (for example 8 a.m. to 8 p.m.). b. Require that trucks use only the Highway 7 a~cess drive. c. Access from Highway 7 will require approval from the Minnesota Department of Transportation. . . PLANNER'S REPORT LAN-DE-CON, INC. 28 MARCH 1985 page three 5. No encroachment should be allowed into the designated wetland on the north side of the site. Permanent stakes or a fence should be placed along the edge of the wetland area. (The applicant has indicated that no more, and probably less, fertilizer will be used than might be used by residential development). 6. The applicant should indicate what, if any, outdoor storage will take place on the site (i.e. soil, gravel, mulch, etc.). Areas for such storage, if allowed, should be specified on the site plan and screened from view of the adjoining properties. 7. Any onsite storage of equipment should take place within a small accessory building, built in compliance with the State Building Code, as shown on the proposed site plan. 8. Signage on the site should be limited to an address sign (possibly with a small nameplate), and signs sufficient to control traffic as recommended in item 4., above. The Planning Commission and Council will no doubt wish to add to or modify the conditions listed herein. It is felt that addressing these items at this time will result in a compatible land use arrangement between Lan-De-Con and the surrounding neighborhood. cc: Dan Vogt Glenn Frobe~g Jim Norton : Sue Niccum ~ Mark Labere~ ---- . I ,,, . I I I \ \ "\~~ I ~ ~ . IrTl:J ~ "'.. I :1IIi ,,:I... ::Tfd - \''ii~ I~~ ~ I :::.....:::, I r 'f' ,1/ '""--- I--- ...---....-- ~ _..' I iii -----...-.. \ ~ ---~~ =-~- >-. j,.- .. .. .. .. .", =Ji , -... - - - - .... '- if- .- ~ /~:~~f( \ ( ri d ~ . -, , I : \ ...--..---- . ~. Y11 ars I .- ~B ) .... \ ... .__.1 ~i \ _.~ ..~ \..J ,_ ~~~ - - I .' , 1-" ..... - - .. - . - .. ... : --~ .. - . - -. I- " IIIi _ - . --.: ~/ ~ ..-...._-..- -_....--- . :- $ . , \~ . ~ . J . t -- 0 . -- TIU ~ lIQ r:- , j 0 \~~ - r- . -' H I' %TI \---1 -. ..-. \ L:)k- ~' , . ", -,- ", j~ ", =; ~ .. ..~. ".:: ::L .~; Y)l3lI'IJ " ~ 3 -- ~~ I j __ ........ ~ r\ ~------._- -. -r ~~-.--.---- Ii -. . u I - _~~) '\. I -~;,;' I "-'""-"-"-- ~ - >- -\ '" .-,~ ~ = ~......... 3 "- -~ I ~ ~. ct ' ~ cqi.....-~ \" . "0 \G ... , \ L - ......... -- -" = ,. ..... ~,~ ~ ~ ~: .--.-------- "---- - t - - ~+- nn ~ I~ Z - 'n, _u_.:T ~ \ I.LJ 1!I II (/) -I~ I (/) ~ .k- ..-i-.-~-'-" 1-..------ -.:- ....,.---:J;:J:::;: i- .. /' 1 .", : ..~~.. I ) rn -_. ~ I :C~ ~:~ I : .- - I Exhibit A I : I SITE LOCATION - - -- ......----... -...- Lan-De-Con - Conditional Use Permit ~ I I 'J::] ~H I . \ .....\ ~ - I { I LAN-DE-CON INC. P. O. BOX 308 . EXCELSIOR, MINNESOTA 55331 TELEPHONE: 474-2260 March 5, 1985 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 The following is a brief narrative explaining Lan-De-Con Inc.'s purpose and use of 10.5 acres located in Shorewood at the intersection of Eureka Road and Highway 7. Our purpose in applying for a tree farm conditional use permit is two-fold: 1) to utilize the property by growing evergreens and shade trees for our use only, and 2) to increase the value of the property by allowing numerous trees " to remain. We fe4!l the land will be, developed within the next 10 to 15 years. The planting of evergreens along Highway 7 will create a visual as well as a sound buffer into the property. By selectively harvesting the shade trees, we wi 11 turn a bare pi ece of property into a wooded one wi th hi gh quality shade trees such as maples, ash and lindens. We will start planting evergreens and shade trees along Highway 7 and continue pl anting to the north over:'a period of two years. ..~ We feel that the traffic,generated by the tree farm will be minimal. Approxi- mately three weeks in the spring and fall, there will be increased traffic due to planting. Normal traffi~thr0u9h.theswnmer months should only be once per week to perform maintenance. The farm will be cultivated approximately once a week by a small tractor. A temporary garage for storing the tractor, attachments and supplies will be needed. There will be no outside storage of any equipment whatever. The use of fertilizer and insecticides is not anticipated and will be used only on an emergency basis. The property is generally well drained to the north and no major grading will be needed. We feel our use of this property as a tree farm will benefit all those concerned. ~~~ere 1 y. Mar~ P. L;beree, LAN-DE-CON INC. MPL:md Pres. LAN 0 S CAPE IDE S I G N I CO" Exhibit B APPLICANT'S REQUEST LETTER ~ ; ~< t 1r- '4 ~!.l ~il ,;: -; it -~j\4 I -, . .-----' .~ ,. I .",,- ............- - \ ~ri.' I ' ~.-.::.:.....~ ' -' 1 Ir //.:~-;l~. >-. - -:- \ i :~ !J f/" ,. I ,. I . t . i .. ..... '%.... ..*" 0;...... '. ,. .. . ~.: ,!f:t.. '. : ~.. . .I .. --. ~.......;. . ._-\ t I \ \ .-- ' " \+." . " -- ....J;"~i ~ . .. .. , .'e ( .~ ''>1(".~ ;" """~ ~. - ,. "~-~~'_.::;-~): "':..It." :. ,~.~j . \,1' ...j/llii/iiiifJbj .... _,'.. _. .'. '~;'..C'.' " ; ....._..:~,~-~-f..~ .. _,~ _. -~'"' . iC'irl.' t," ,-. ..... 4 1':-4' 0:.. t3 if:: ,. Q H g; rLl ~ t.'J :z; H ~ r::::: '? 8 If) [) ""~ ~ :>-i o::r:: r:l. ~ ~~ ;a tJ .r! 0 f1g; ~~ 8 .... ! It" I I i ~ 'f ,I ~ j t I . i . . ! I I , .j I .. 4 ~ .. .. ~ i ff\ ; '., . :. ~1 i t . 'if t W ; ,~' .J , .. .... ~ i -it 7~~.,:".. I .... :11. . .,.~; , 7 .., t'/,,'<:' L.-AAM -- .~~ : d '. WtHtA II'N..L :f J I'! 11 .~ ; I ~. . i . . I. ! I .....4.:.[.;...\ i t .' "~(, , ~ ,~i .1 "II " ,.~ I .. to g >l " I · J "IIi ol,IIt '" .....1. ".". . ... ',~ -..- - ~.oIlW. -- .-~- _.. "'...1 .. _.JHI1 ~ ~ ~C12 ~~ ~~ ~re - . ... '.... . J I, .. !l .. -a. ~ ~ .... . 1 . ;;a -r--\ '\ I' '1 I I \ · ~. I, , ~I \I~ . .' :.t .. .. ~ "" -'I' 6 ..- \ ~.~, ,- . . cd' .. '-- ~-~ -': .,., \' '\ \.~,.' , \. .~ __.. i \ .. , I' . J ... --- ) \. '--"' .../ , " " - . ,- . ~ .. , ~ . 4 1t ~~ .. , " iJ .. ... .. . " " . .. MEMORANDUM TO: FROM: DATE: RE: FILE NO. . . MAYOR Robert Rasc:op COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 25 March 1985 WESTLAWN TWO - PRELIMINARY PLAT 405 (85.01) BACKGROUND M.t:. George Larson.has requested approval of a preliminary plat for his property 'located south of Smithtown Road, between Strawberry Lane and Cathcart Drive (see Site Location Map - Exhibit A, attached). The site consists of approximately 15.9 acres, currently zoned R-l, Single Family Residential and occupied by one home at 26405 Smithtown Road. The proposed preliminary plat is shown on Exhibit B, attached. Mr. Larson's request is to subdivide only the four lots on Smithtown Road at this time. Similar to other requests involving staged development, we have requested that plans for the future development of the remaining site also be submitted for review in conjunction with the first phase. ISSUES AND ANALYSIS This report will address itself to the preliminary plat of the entire site, recognizing that Mr. Larson will submit a final plat for only the four lots fronting on Smithtown Road. Upon review of the preliminary plat, the following issues should be considered: A. LAND USE/ZONING. Mr. Larson's proposed plat contains a total of 15 single family residential lots, all of which meet or exceed the requi~ements of the R-l zoning district. Specifically, all of the lots are 40,000 square feet or more in area, 120 ~eet or more in width, and 150 feet or more in ~epth. The overall lot layout is considered acceptable for the site. It is worth noting that Lots 1 and 11 in the second phase front on Strawberry Lane. This is mentioned because it affects the set- backs for those lots. As can be seen on Exhibit B, the rear yards of Lot 1 and 11 abut the side yards of Lots 2 and 10 respectively. Lots 1 and 11 will be oriented like other lots abutting Strawberry Lane. .. A Residential Community on Lake Minnetonka's South Shore CltL. ." ..~-;; . . WESTLAWN TWO March 25, 1985 B. ACCESS/STREETS., Four of the lots derive their access directly from Smithtown Road, which is designated in the Comprehensive Plan as a collector street. While it is generally desirable to limit direct property access from collector streets, redesign of the plat would likely make the resulting street and utility costs prohibitively expensive. Given the large lot sizes and the number of homes already fronting on Smithtown Road, direct access in this case is considered acceptable. The proposed cul-de-sac street for the second phase is 800 feet long, slightly longer than the 700 foot desirable maximum but considerably shorter than the 2000 foot maximum required by our current Subdivision Ordinance. The proposed 50 foot right-of-way and 60 foot cul-de-sac radius are consistent with Shorewood stand- ards. Construction design for the street should be addressed by the City Engineer. The propo$ed'csecond phase -also dedicates 25 feet for Strawberry Lane ,8.5 ,f.eet"moI1ed,han,CUr.li'ently"exists. ...At .-such, time as the propertye-a-s:tof, StlCawberry Lan~,ts devel.o-ped~25 feet more can be acq-ui-red~bringing the street up to the 50 foot standard. C. GRADING, DRAINAGE, AND UTILITIES. In discussing the issue of drainage, the Engineer has some serious concerns over how the plat relates to overall drainage problems in the area. Drain- age, grading and utilities will be addressed in a separate re- port from the Engineer. The Subdivision Ordinance requires drainage and utility easements, ten feet on each side of each rear and side lot line. These should be provided with the final plat. D. PARK DEDICATION. Given the proximity of the property in question to Freeman Park, it is anticipated that the City will require a cash dedication ($500 per lot) rather than land. The plat will be reviewed by the Park Commission at its meeting of 1 April. E. PHASING. The applicant proposes to take advantage of existing streets and utilities in his first stage of development. This is considered acceptable since the proposed road in the second phase_is relatively cost efficient considering the required lot sizes in the R-l district. The final plat will show Lots 1-11 as an outlot. The preliminary plat will then serve as a guide for the later phase. The developer should be aware that the park dedication for the second phase will be based upon the fee schedule in effect at the time the final plat for the second phase is submitted. RECOMMENDATION Based upon the preceding it is recommended that the preliminary plat for West lawn Two be approved subject to the following: - 2 - " . . WESTLAWN TWO March 25, 1985 1. Street design, grading, drainage and utilities should be subject to the recommendations of the City Engineer. Drainage will also be subject to review and comment by the Minnehaha Creek Watershed District. 2. Ten foot drainage and utility easements should be provided on each side of each side and rear lot line. 3. Park dedication should be subject to the recommendation of the Park Commission. BN:rd cc: Dan Vogt Jim Norton Glenn Froberg Sue Niccum George Larson ParknCommission - 3 - - ~ I , J \~' /- ~~ ~ ~ L) N3SS~L ~ ~.~..~.. 111!Kll.:lI^ .....,..., 3W7 ~ ~ ~!.--"\ N 01 ~ 0 :\' ~ (~ -' ~ &:: f ~ : ~Ii~~~'; : :"J o. 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I 4!',." ~ I ~t.N., \ L.....J C~-l L--J l if' '~ 1 J .. : I i+ SI#"T 6"UV: {j7/.1} "'''''G,tIlNlY J",M:i>.,,,,, ,,,,.., """'r EU~'#4IJ" ~ C'Jr,. 7'lIJI'Wt<f.fNfl' "., ,.". J... , " . J" ., '" I' ...."" ! ~ , \ \ Exhibit B PRELIMINARY PLAT Required setbacks shown in heavy dashed lines ",'~-_. . . . ORR .SCHELEN. MAYERON & ASSOCIATES, INC. Consulting Engineers Land Surveyors March 28, 1985 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Brad Nielsen, City Planner & Shorewood Planning Commission Re: Preliminary Plat Approval Westlawn Two Dear Brad: We have reviewed the information submitted for the preliminary plat approval of Westlawn Two and have the following comments: 1. GRADING Little or no grading is required on this property. The overall elevation change is only four (4) feet, ranging from elevation 968 on the west to elevation 972 in the middle and along the north property line. Due to the flatness of the land, the individual building permits must be scrutinized to insure positive drainage away from the houses. 2. DRAINAGE The drawings received from the developer show drainage on a proposed urban sec- tion street to a low point near the property lines of Lot 3 & 4. From there, the drawi ngs show the water drai ni ng to the south eventually getti ng to a pondi ng area on the Strawberry Gardens plat. We cannot approve this method of drainage since the pond installed on the Strawberry Gardens plat was not intended to be a full fledged storm water pond. (For a more thorough understanding of the drain- age work done on the St rawberry Gardens plat see the attached memo and 1 etter dated December 12, 1979). The drainag~ from the low point on the proposed street in Westlawn Two should be conducted by storm sewer to the west as shown in the Comprehensive Storm Water Study. It cou1 d tie into the 1 i ne currently under consideration to revieve Mr. Nephew's drainage problem on Cathcart Drive. For a schematic layout of the proposed storm sewer ,see Plate 13b of the Storm Water Study. The drai nage easement proposed on Lot 4 shou1 d be retai ned, not to proYi de drainage from West1 awn Two,but to proYi de a future oyerf1ow from the pond on Strawberry Gardens. E1 evat10n of the storm sewer and pond IIlIst be coordinated to insure this can happen. To maximize the drainage to the storm sewer, the hi ghpoi nt on the proposed street in West1awn Two should be pulled as far east as possible. 3. UTILITIES A. Sanitary Sewer Sewer pipes are .ayal1 abl e on Strawberry Lane and Smithtown Road to service the " ~ f . . ~ o o ~Ln (lJOO L. C7'i o~ ..e V) .. o 00 ~,+-N ~O ..e (IJ >\ u C'+>>L. lG..-lG 0.. U:E .. (IJ(IJC'e..L. e...o COO .,.. ..- ~-,- e..~ ~ ~ ;. = ~..- (IJ C7'iS)(~~ U (IJ..- (IJ (IJ -en~ ..e C~ +>>"IItM"- "' +>> o+>>+>>cen +>>OOIUC ~-J-J,+-"- (IJ ..... 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U U ^, , --. /..:.- ./ .~-T LAND COMPA~ 1066 EAST WAYZATA BOULEVARD WAYZATA, MINNESOTA 55391 (6121 473-8511 Rt~ OFC 1 4 '''~i') December 12, 1979 / Aff' ~.v' ","j loJ/17/7Q, Mayor Steve Fraiser City of Shorewood 20630 Manor.Road Shorewood, MN 55331 // RE: Strawberry Gardens Subdivision Dear Mayor Fraiser: This letter will confirm our discussion this morning regarding the drainage from the southeast corner of the Strawberry Gardens Subdivision to the City catch basin on Strawberry lane. The drainage t-ile will be installed as per the storm water drawinq prepared by Hedlund Engineering Company dated October 22, 1979 with the followinq exceptions: A. That portion of pipe from the northeast corner of the Strawberry Gardens Subdivision to the City catch basin (approximately 119 feet north on Strawberry Lane) shall be solid pipe. B. The pond outlet elevation shall be governed by the invert of the drain tile which is feedinq the pond from the south- west. The new outlet will be installed in such a manner as to provide positive drainage from the existinq drain tile through the pond and storm tile system to the City catch basin along Strawberry Lane. Hedlund Engineering will prepare an as-built drawing upon completion of this installation indicating final grades and Showing all connections made to other drain tile systems. The drain tile system from the pond to thenortheast corner of the StrawberrvGardens Subdivision shall be a orivate system maintained by the property owners of lots 1 and 2, Block 1, Straw- berry Gardens. The solid pipe running to the north from the northeast corner of the Strawberry Gar8ens Subdivision to the City catch basin will be installed entirely upon City right-of-way and all work completed within the rigH't-of- way shall be restored so as not to cau~e any undue erosion of the ditch and roadway or sedimentation within the catch basin. It is our understanding the City of Shorewood is in agreement with this installation as described above and we are commencing with these improvements immediately so that we may provide adequate drainage for the Strawberry Gardens Subdivision this fall. e- ......" . rv'V", oeM ~- ...... &AlII ....... \.A,AJ MEMORANDUM '021 lASt "(1'1"['11'1 AYE M....,lAPOUI. MINNUOTA !i!i413 16121331.1660 memo~. Jim Norton date. December 12, amn no 033-1744 proJeCt. Shorewood C7tNrlel' : 1979 ClIfNT: ._.fNr!~_~t;!_.- '.7'f" PROJ: ,. PUti' l:llll!.L:..J# N. Sll~.S;"i \'.I~r S'II(. tv.ll~ I ,lETTE DATA OTHER_ _ __ ' r- ST~AW&~R'f 44 QOe'N S' subject: Today I met with the following people: Steve Frazier, Mayor Jerome Studer, Director of Public Works Rick Murray, B-T Land Company Cal Hedlund, Hedlund Engineering We met this morning at 7:00 A.M. to discuss the method of installing drain tile and minor storm water facilities to handle the water from the new Strawberry Gardens plat. What we agreed upon was allowing 12" drain tile to be layed from the pond that has been developed out to the property line of the Strawberry Gardens plat. This pipe would be maintained by the private residences of the Strawberry Gardens plat. This would be included as a deed restriction on the sale of those particular lots. From the north property line of the Strawberry Gardens plat 12" P.V.C. sewer pipe would be layed in the city right-of-way and tied into an existing catch basin structure north of the Strawberry Garden plat. This pipe would be maintained by the city of Shorewood. The drain tile installed from the Strawberry Gardens plat would tie in any existing underground drain tile which they encounter during installation. Also the overflow pipe from the pond will be installed at a lower elevation than the existing drain tile pipe coming into the pond to prevent water from backing up into the existing tile system. Rick Murray had indicated that the new pipe would be installed 1/10 of a foot lower than the existing drain tile pipe. Considering they have more elevation to work with I would think that a' larger vertical separation in inverts would be more desirable. In other words have the overflow pipe from the pond considerably lower than the existing drain tile pipe coming into it. Although they did not elaborate on the aesthetics of the pond I believe they want to keep the pond at as high a water level as possible to help with the marketability of their property. This then would be contrary to the hydraulics of providing more storage in the pond during heavy rainfall periods. e. . ........... Memo by Jim Norton December 12, 1979 Shorewood Page 2 Everyone was in agreement with the negotiated discussions. Handling of the storm water in this fashion seems to be acceptable. I did caution everyone that this type of installation was not intended to be a full fledged storm water project merely a means of providing an outflow for the surface water on the site. Another item which we discussed was serving the lots on Straw- berry Lane with sanitary sewer. I cautioned the engineer and the developer that they must incorporate into their plans for storm water routing sanitary sewer routing along the right-of- way due to the limited construction width available to them. Cal Hedlund indicated to Rick Murray that putting out one sanitary sewer pipe from a new manhole over the existing sewer stub would be cheaper than running individual. services for the three lots. At the end of this one line they would install a clean-out and from the line itself individual 4" stubs would be constructed. I told them this would be satisfactory but that it would have to be maintained asap:l'ivate system due to the fact they were putting in material and sizes of pipe less than required municipal standards. This they understood and indicated they would keep as a private system up to the new manhole that they will be constructing. After the meeting Jerome and I drove out to Strawberry Gardens to look at the site~ Even though it was only about 20 F. this morning there was water coming into the pond from the existing drain tile on the south side. It is apparent that a method for handling the surface water runoff is necessary. By ~ 1~ Jim Norton JPN/vkj . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM: TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 3 APRIL 1985 RE: ~-Tl{1 V t;SCU Vt;V ELOPHENT~AGREEMENT FILE NO. 405 (84.05) In the past couple of months the City Staff has been working with Trivesco to formulate a development agreement for the Waterford P.U.D. While there are some minor issues to discuss, it is felt that the attached draft is now ready for review by the City Council. Please note that exhibits referenced in the agreement have not yet been attached. They will, of course, be in- cluded in the final draft. If there are any questions prior to Monday night's meeting, please do not hesitate to contact any of the staff. BJN:rd cc: Dan Vogt Glenn Froberg Jim Norton Bob Mason A Residential Community on Lake Minnetonka's South Shore /0 . . DEVELOPMENT AGREEMENT TRIVESCO (Redraft submitted to the City 3 April 1985) THIS AGREEMENT, made this day of , 1985 by and between the CITY OF SHOREWOOD,-a-Minnesota Municipal corporation, hereinafter called "City", and TRIVESCO, a partnership consisting of Steiner and Koppelman, Inc., Robert H. Mason Homes, Inc. and Highland Properties, Inc. hereinafter called "Developer". WHEREAS, Developer is purchasing certain property located in the City of Shorewood, County of Hennepin, State of Minnesota, described as set forth in Exhibit A, attached hereto and incorporated herein by reference and hereinafter referred to as "Property"; and WHEREAS, Developer proposes to develop said property by means of a planed unit development "PUD" and included within the development shall be single family homes, multi-family homes, and commercial property as more fully described by Shorewood Resolution Number 39-84, dated the 25th day of June, 1984, and herein attached as Exhibit B; and WHEREAS, Developer has heretofore filed his application for a planed unit develapment:with the City Clerk andafter'proper l~gal notices, public-hearint;s oonside'l"'ati:ofL..,the, plans were Geld G&'" ." 11 June 1'9'84 aml,..J9_~4 ;'and . , WHEREAS~.,.the Ci4'. Council has.AIlPI'-QJLed..thaPUD., Compr.ehensiVJiLPlan Amendme,nt,~:~and crez.oning;. . and, WHEREAS, the City Planning Commiss ion~has'lIlade its recommendation's' on the preliminary plat to the City Council, which recommendations were dated the 15th day of May, 1984, and which did recommend said preliminary plat. Pursuant to said recommendation City Council did consider the preliminary plat and did approved the same on the 10th day of September as set forth in Resolution Number 61-84, attached hereto as Exhibit C and incorporated herein by reference, and hereinafter referred to as "Preliminary Plat"; and WHEREAS, the City Council approved the first phase single family final plat on the day of as set forth in Resolution Number , attached hereto as Exhibit D and incorporated herein by reference, and hereinafter referred to as "Phase One Final Plat"; and WHEREAS, the Development Agreement is required pursuant to Shorewood Ordinances. NOW THEREFORE, in consideration of the mutual covenants and guarantees obtained herein, the parties hereby agree as follows: -1- . . 1. All improvements and structures to be constructed on subject property shall be done in compliance with all laws, ordinances, regulations, and standards of the State of Minnesota, City of Shorewood, appropriate watershed district and federal laws as may be applicable, except as hereinafter specifically modified, which compliance shall be reviewed by the City Administrator or his agents so as to determine that they are in fact in accordance with said regulations herein referred to. 2. The legal description of the property is as shown on Exhibit A attached hereto. Attached to the exhibit is a title opinion addressed to the City of Shorewood rendered by the attorney for the Developer, which opinion does guarantee that the developer in fact has a legal right to become fee owner of the property upon exercise of a certain contract for deed and to enter upon the same for the purposes of developing property. Developer agrees that in the event the Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the requirements of this contract that he shall forthwith notify the City of such change in status. 3. The Developer has filed with the City Clerk the final plan for the development of the property and said plan is hereby attached as ExhibitB and incorporated herein and said final plan is herewi thadopted and.:a:pproved bythe-Ctty -as Developer's -finaJ::- p:lan__: e xc e ptashereinaf~er-~press-l-y~a-l-t-ered--o-r- amend ed .Sa id --fjnal---' plan is for the Phase One single family portion of the project only and_enq-ompassefLal,l,-"t-beproperty ...'des;eri'be€b"Onsatdi S-xhibit Ac.ii" - - which iS~l"'Gposed=tG--~4ev'eloped==i~s~f}arat;e9tt.age&T-,-A€hHt4.ona-l"", ,~,,~, , developm~nt_p.J..ansaml1inal_plan.~i 11 be_ provide.d.J.o_r.the sing 1 efamiljl.,.- .m:ul,t.i:...c.f~l.y.,.nand- ~ci a-J.~rt.~--;o-L-.s.a!d.<p.P..o j.ecct.... ...- - .. Each phaae--sha-l=l-"w-dev:el op~dcin= aeuuT'danc:e-wtt:h=- ::the ...:.:::..=-::..: :__:'.--'.. following schedule: Phase I: Single Family Homes Commence on or before Spring 1985 Phase II: Single Family Homes Final plat of single family homes commence about or before Fall, 1981 Phase III: Multi-Family Homes Commence about or before Fall, 1990 Commence about or before Fall, 1991 The preliminary plat for Blocks 1, 2, 3, 4, 5, 6, 1, and 8 of Waterford have been approved by the City Council. The final plat for Blocks 1, 2, 3, 4, and 5 and Lots 1 - 9, Block 6 have been approved by the City Council. The remainder of the property shall initially be Phase IV: Commercial -2- . . platted as outlots. As each phase is developed the platting process shall be used in accordance with the regulations of the procedures as set out in existing city ordinances. No work on any phase shall be commenced until the requirements as to each phase as set out herein have been met and formal approval to proceed is given by the City. Should the developer violate the conditions of this agreement the City Council may renegotiate the terms of this Agreement pursuant to Section 27A, Subdivision 6D.5 of Shorewood Ordinance No. 122. The Developer may make changes for the purpose of meeting a future and changing market by making adjustments to future phases with the approval of the City Council. It is agreed that upon receipt of the written notice of the Developers stating that the existence of causes over which Developer has no control which will delay the start or completion of any work on any phase, the City Council, will at its discretion, extend that date herein before specified for commencement. 4. Developer shall file a grading and drainage plan for each development stage, as defined by Ordinance No. 122, which plan shall be subject to review and approval of the City Engineer. Initial grading plans shall be filed forthwith and shall be in accordance with the documents which have heretofore been presented as part of the final plan. Developer shall be limited to the construction of those units shown on the final plan as approved. Developer shall not increase the number of units as approved in said plan without the approval of the City. Before commencement of any construction on any stage that invol vesA~Y&in&"~~~~~a&=S=H:lgl~famil~y :ftol;1S~l'lg; the'"Develeper~'"Shall file a planshowingthe~loeati.on ofcthestrcuctures to be built boy a detailed site plan for the construction of the multi-family homes. Prior to doristructton~-orr--arti-:stage-tn-e-'n-eYecl~pe r"sha 11 'f1 1 e' p la.ns show i ng the---(h~.-t-ai-]:'S '.'of"Oc-the:eontftru-et i1m~-ofo-"the--requ ired s-tornr--dra-~--~-~~~~- water 1 i ne:s~-_= sewe-r_~:1 i nes,--=tog.e:tl1er Wl.th.~tifn6t ~-pr ev'i ously.--ob ea ined ) - .~. i_.: approval-fOr all- regulatory~ooaies-as-- ma-yberequired . -A-cross section of driveways or ~treetsshall 'show its construction detail and shall be in conformance with specifications as set out in the City ordinances and requirements of the Gity Engineer. A cross section shall show the layout and proposed location within the right-of-way of electric, telephone, TV cables, sewer, water, and storm drain lines. Also to be filed shall be a street plan, street lighting plans, and entrance construction plans including entrance monuments, berms, and other landscaping to be provided. All of the materials to be employed in the construction of Plan A improvements herewith shall be of a uniformly good and workmanlike quality, and shall equal or exceed City standards and specifications. If any labor and material supplied shall be rejected by the City as defective or unsuitable, such rejected material shall be removed and replaced with approved material and rejected labor -3- . . shall be done anew to the satisfaction of the City at the cost and expense of the Developer. 5. In accordance with the policies and ordinances of the City, the following described improvements, hereinafter collectively called "Improvements" shall be constructed and installed on the terms and conditions set forth: A. Street grading, gravelling, and stabilization, including construction of berms and boulevards and surmountable curbs and concrete gutters, hereinafter called "Street Improvements." B. Storm sewers, including all necessary catch basins, inlets and other appurtenances, hereinafter called "Storm Sewer Improvements." C. Sanitary sewer laterals and extensions for supplying all necessary building services and other appurtenances, hereinafter called "Sanitary Sewer Improvements." D. Water mains, laterals, or extensions for supplying all necessary building services, hydrants, valves, and other appurtenances, hereinafter called "Water Improvements." E. Permanent street surfacing including concrete curb and gutter hereinafter called "Permanent Street Improvements". F. Standard'.street"~e--s&gftS-catall newlY-"c6pened--in-terseet-iens. hereinafter ,called. "Stl"eet~-Si-gn Improvements." G. Traffic _controL_signimprov.ements_1or.controlling-_.traffic.on the newly'opened-:st:eeets~int.ersectiensf-~he~einafLe~:..referred to as "Traffic Control Si-gnlmwovements."- H. Street"-l~ightirig,~~inC'ludi.ng"poles, -crossarms,'-wire ,-and " transformer pedestals, and other necessary appurtenances hereinafter called "Street Lighting Improvements," as supplied by City agreement with Northern States Power. I. Improvements to be installed at Developer's expense by Developer as provided herein, are hereinafter referred to as "Plan A Improvements." Improvements which the Developer has petitioned the City to install and finance on an assessment basis are hereinafter referred to as "Plan B Improvements." 6. PLAN A IMPROVEMENTS: The Developer shall construct and install at the Developer's expense the following improvements under Plan A, according to the following terms and conditions and the general and special conditions attached hereto and made a part of this contract. -4- . . PLAN A IMPROVEMENTS FOR PHASE ONE SINGLE FAMILY BRIEF DESCRIPTION OF IMPROVEMENTS ESTIMATED COST Water Improvements as described in Exhibit F Traffic Control Sign Improvements $ 123,235 $ 450 $ 8,000 Entrance Monuments and Identity Signs -More fully described in the plans and specifications attached hereto as Exhibit E. TOTAL ESTIMATED COST: $ 131,685 A. Construction Plan and Approval Thereof: The Developer will engage, at Developer's expense, a duly registered professional civil engineer authorized to practice within the State of Minnesota to prepare detailed plans and specifications for the complete installation of the utility portion of Plan A Improvements in accordance with City Standards and submit same to City Engineer for written approval prior to commencement of construction. In the case where the City Engineer prepares feasibility plans for a portion of the Plan A improvements, that cost will be assessed against the propert~. The Water Feasibility Study prepared bye the City will not be assessedctothepropertyor paid .for by the Developer. B. Services' to--be--Per-rormed~by"e--tty -an-d- "Payment' Therefor:" ( 1 ) T he - C i t y~i-1L-l!-e- v iew-c and- ~ap.p.r'-O.-V.e.--pl.atl-s-,..a.nd-------H" _~n~ spec i f i cationS~rcepar.ed .hy-'Deyelop_erf::r-Rng.i:Ireer,~-IT"ovtde.______-_ general inspectfon6fmethods; - materials," and w-ork,a.I1d conduct final job - tnspection. 'Cost--estimate for said-eity work will be furnished to the Developer for review before commencement of work. C. Construction of Plan A Improvements: (1) Completion Date: All Plan A Improvements for Phase One Single Family Development shall be completed not later than 1 October 1985. (2) Approval of Contractors: Any contractor selected by the Developer to construct and install any Plan A Improvement shall be subject to the approval, which approval will not be unreasonably withheld by the City. The City reserves the right to require evidence of competency and adequate financial status of any such contractor. (3) Construction: The construction, installation, materials, and equipment shall be in accordance with the -5- . . approved plans and specifications, and the General and Special Conditions. (4) Easements: The City and the Developer will cooperate with each other to give cross easements as necessary for the installation and maintenance of utilities. (5) Insurance: The Developer will cause each person with whom Developer contracts for the construction and installation of any Plan A Improvements to furnish the City with evidence of complete insurance coverage including workmen's compensation, liability, and property damage. (6) As-Builts: Within ninety (90) days after the completion of said Plan A Improvements, Developers shall supply the City with three print copies and one reproducible set of "As-Built" Plans. 7. PLAN B IMPROVEMENTS: The Developer has petitioned the City for the installation of Plan B Improvements for Phase One Single Family as follows: PLAN B IMPROVEMENTS BRIEF DESCRIPTION OF IMPROVEMENTS ESTIMATED COST TOTAL ESTIMATED COST $ $ ~p $ ..,~ $ -~ $ $ $ Street Improvements San i tarc}T~BB.W..er-.r-Im.pra.venre:n t-s==~-~~ .~_.,; S t 0 rm Sewer.::::Im:p.rav eme:n;t-sc. ':::~-"2~Ti:. .": P e rma n e.nt. _ Street.. I Trrp-rDYP.TrrP.rrt~ ' Street Sign Improvements More fully described in attached Exhibit G A. Institution: The Developer has previously submitted to the City Council a petition as provided for by M.S.A. 429.031, Subdivision 3, requesting that said Plan B Improvements be made and assessed against the benefited properties. B. Construction: The City Council has adopted a resolution determining the sufficiency of each petition, said Plan B Improvements shall be designed and constructed, in all respects, -6- . . as other City Improvements made pursuant to the prOV1Slons of M.S.A. Chapter 429 or other applicable statutes. C. Assessments: The City agrees to make the Phase One improvements and to assess 100 percent of the cost back against the subject property. Assessment to be over a period of time coinciding with the payback and the bonds sold to construct said project, but in no event, less than fifteen (15) years. The assessment shall bear interest at the rate of 11.25 percent. The cost of said project shall be determined to be by the contract price plus actual costs not to exceed 22.5% for administrative, legal, engineering, and bonding expenses (Design engineering cost equals 6.72%). Developer herewith agrees and does waive all hearings and objections, statutory or otherwise, and consents to said as~essment being placed on the property providing that the assessment costs will not exceed the following formula. (1) The single family lots may be assessed for the cost of a 28 foot paved road with the remainder costs of oversizing up to and connecting to the frontage road to be spread against the multiple-family and commercial portions of the project. (2) The City agrees to pursue outside funding sources for the funding of the Old Market Road/Highway 7 intersection improvement. (3) The Develop'er will share c.Q.sts by.. .means of reasona.b-le right-of-way dedication for intersection construction and agreest,o accept. a proport,ionate"a:ssessment,for; ,construetci'Gn.," costs. The developer, its heirs, successors -andassigns~_shall not.-.. ___. (except::upon.w!!ittea ,appr.oval, of; "the ,ei~) t:r.ansfer'anyprGpert;r"'~-"-" ,; or port-i'on"' .tfIereof.,.that is.the""sutJJect--o-f"~hts-":'De-veloper ' s .. Agreement-be1"'o:J'Se-tl'1eentire improvem~nt ~eos't for-Phase One~:i:s ". ~ssessed against the property without payment in full of the entire assessment cost, or an amount equal to the amount to be assessed, under and pursuant to this Developer's Agreement If any such transfer is made before the special assessments have been levied, Developer shall pay the City the sum of cash equal to the City Engineer's estimate of the special assessment for said improvement that will be levied against the property to be so transferred. Developer shall be liable to the City for any deficiency between the estimated assessment and the actual levied assessment. The City shall pay the Developer any overage arising from payment based on such estimate. Hereinafter, any reference to special assessment shall include any such estimated special assessments. Within ten (10) days after the execution of the purchase agreement between the Developer, its heirs, successors, or assigns, and a buyer for any purchase of a property within the benefited area, the Developer, its heirs, successors, and assigns hereby agree to notify the City Clerk in writing in duplicate of the name and address of the purchaser, the date of the Purchase -7- . . ... Agreement, and the legal description of the property purchased. The City hereby reserves the right to call the attention of the buyer to the provisions of this Agreement. 4 In the event the Developer fails to pay after 180 days any installment of special assessments for a particular lot or lots ~. within a phase, and if such lot or lots constitute a quantity in excess of ten percent (10%) of the total number of lots in said phase, the City at its option in addition to its rights and remedies hereunder, may declare all the unpaid special assessments levied on all lots due and payable in full, and immediately may commence legal action against the Dev~loper to collect the entire unpaid balance, including reasonable attorney's fees and shall not ~~be obligated to issue aqx_builp~pg permits for construction on any 'i}-'G lot wi thin the phase.~ Tli~ "e!tywill credi t the Developer any . prepayment of assessments toward the normal bond payment schedule. 8. All Plan A and Plan B Impro~e~ents shall be overseen and inspected by City Inspectors. The City Inspector shall be on th~ site as directed by the City Engineer. 9. The Developer shall pay as and for the required park contributions as each phase of the plat is approved, the amount of park donation as required by the City ordinances as of the date said final plat is approved. There is presently due by this agreement to the City the 'amount of $26,500 asahd for park donation fees which amount shall be paid..llpoD- executioD-of this agreement......Dev-eloper. shall he :give.ncrediti'Qr-.-sevenL7Jpark units pai.cLduclng-Pl1ase. IL.o1'c. the single family residential units as and for the contributions of Outlot.Bdl:nd. aJ portion.Q-f,-, Outlot Al-,aroi D'evalope1"sihal1 be:;gii1vem Qriedirt T,,'ell for thr-e.e t31--:;p.ark .units- a5:andfoe.:dur.ing the:-eons-truo-tto~of.;.-:the -:~7.~.-; mul ti-l'.ami.l.y homes ,---AS-.andJ'or- the......contri bution-~~r~uUot-A..,....__.__. Park dooatiol1c=fees"fo-t"'ctile-'multi-f'aDlT-l-y andjco~ci:a:r~porti.'ons~\)f -tile -,:> ~l.... project shall be based upon City ordinance requirements at the time of final platting. 10. There are presently assessed against the property the following sums for sanitary sewer: Clifford Property: (More specifically described in attached Exhibit A) 1,742,400 square feet; 1 C Unit, 1 B Unit, 1 A Unit, 3 D Units; Total Assessment: $ 33,027.00 Rebers Property: (More specifically described in attached Exhibit.) 754,046 square feet, 1 C Unit, 1 BUnit; Total Assessment: $11,240.00 Developer shall be entitled to the right to hook up eight (8) single family units within the described phase upon paying to the City the difference between the C unit and the unit value assessed plus seven percent (7%) from January 1, 1973, which is computed through December 31, 1984 as follows: -8- . . $3,100.00 x 7J x 13 years = $2,851.00 interest for a total of $5,951.00. In addition there is assessed against a portion of the subject pro- perty which is to be constructed in multi-family homes and commercial development, the following sums for sanitary sewer: Murfin Property: (More specifically described in attached Exhibit A) 1,139,070 square feet; 1 C Unit, 1 B Unit, 1 A Unit, 1 D units; Total Assessment: $23,191.00 Developer shall be entitled to receive the right to hook up ten (10) multi-family homes within the described property by paying to the City the difference between a B unit and the unit assessed plus seven percent (1%) from January 1, 1973 which is computed to December 31, 1984 as follows: $5,600.00 x 1% x 13 years = $5,096.00 in interest for a total of $10,696.00. 11. In addition to the charges set forth in Paragraph 10 above, the Developer shall pay to the City as and for the equalization sewer charge for connection to the municipal sewer, for each of the living units authorized to be constructed in the project over and above those classified in.ParagraphlOaboveas.follows: Singlehruj'ly :un-lfi.~:i~. O<Tperunit- :x81'si:ngtef:amil-Y -":"".- units approved (minus credit units noted above) plus interest at seven percent----L711-per. .annum from -uJanuary-l~-1973.t().--the date ofi-approva:ip;l11f-;any:gi ven/stage; O'f.~Ollst;ruot;i'On'~. ,S.tzg.e ' lSt.t:=rJi1JE has been appr:ev-ed .for 53 :Uni ts minus a er-edi"t :01':----, . eight (8) uniti'. --There l's presently due~n<r owing $164. OO::p~'r.titli:t;. or:.$3-4 ,:-380:'. 00. "' Multi-Family Units and commercial rates to be determined in later development agreements for future phases of the project. Payments for all local sewer availability charges in each stage shall be assessed at the time the final plat is approved for any given stage. 12. The City may in its discretion issue building permits prior to the completion of all the streets and utilities per phase as provided for herein, except it is being fUlly understood by the Developer that certificates of occupancy shall not be issued until all utilities have been approved and accepted by the City. The City may issue certificates of occupancy prior to the final acceptance of the street. 13. The Developer shall provide copies of all covenants, easements, and restrictions and other documents relating to the -9- . . project which shall be reviewed and approved by the City Attorney prior to the commencement of construction for Phase One. 14. The Developer shall provide copy of Articles of Incorporation and By-Laws of the Homeowners Association for review and approval by the City Attorney prior to commencement of construction. The Homeowners Association need not involve the owners of the single family lots, except Developer shall make provisions for the permanent care and maintenance of any identifying monuments located at the entrance to the project. 15. The City, its agents and employees, shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, material men, laborers, or to any other person, firm, or corporation whomsoever, for any debt, claim, demand, damages, action, or causes of action or any kind of character arising out of or by reason of this agreement of the performance of the work and improvements hereunder; the Developer shall save the City, its agents, and employees 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, except for any work performed by the City. 16. Developers agree to hold Outlot C for the use of the property to the north to provide access to the property to the north and agree to sell outlot C to the owners of the property to the north for three sewer ana street assessments=-in~"the amount of $60, 000i'~pl us" accrued" interestto,-the d.ate::of'-'said""-saie~; ~"~ -.;_ 17. Outlot Eshallbe'csubjectc~to~aintena,nce bYccthe Mmeow~-fr7"C::CI ., Associationfor1thelproj~ct;r 4~~ . 18. Outlot D shalL"be=11e~e1op.ed_aY'ld. iri~ated ~ith the'" Cov i ngton:Vine""'-R i dge:- Devet-opment= as=-aucesssha 11' be- provlQecr-c'throlfgh-~--- Covington Vine Ridge. The. City wilLprovidepthe .authorit}t .to. connect_'d the water system to Covington Vine Ridge. 19. Developer shall be providing a privately owned and operated water system for the entire project. The Developer has the right to an interconnect from Minnetonka for an interim water supply. The Developer has the right and authority to supply water to areas outside the project including Covington Vine Ridge, Silver Ridge Development, Johnson lots, and other adjoining lots if said property owners request to be connected. Developer's provision of a private water system is being done only because the City has refused to provide public water service after Developers' request for the same and proposal to provide security to the City for construction costs and operating losses. Developer reserves, and does not waive by the signing of this Agreement, its right to a publicly owned and operated well and water system to serve the project and reserves any and all rights and remedies relative thereto. -10- . . 20. The City at the request of Developer has had a traffic study prepared by the City Engineers at a cost of $18,900.00. The cost of said study shall be assessed against the project. The assessment shall be levied one-third against the multiple residential land and two-thirds against the commercial land. 21. The City agrees to sell to Developer for a well site approximately 10,000 square feet to be located in the northwesterly corner of the property to be purchased from the Bruce's for park property at the same rate per square foot as paid to the Bruce's for the purchase of the property. If the City does not acquire said property from Bruce's, this paragraph has no effect. 22. The City has heretofore and herewith grants certain setback variances as more specifically outlined in the attached diagram as Exhibit H. 23. The Developer shall furnish the City public liability insurance in the amount of $1,000,000 and property damage insurance in the amount of $100,000 and $300,000. These insurance policies shall be furnished contemporaneously with the execution of this agreement and shall remain in full force and effect during the period of any construction of Plan A improvements only by the Developer. 24. The Developer shall reimburse the City for all costs above and beyond the~normal serviceaprovidedby the City, including that of. its consul ting _enginaera~.J.-ega1:~ -planning i--and-a:dmi-ni:S:tl!ative=exp.ense incurred bythe:Ct1;.y in conn-ectionwitha1:l:mattena rel.ating-t-00theo:: pre para t iun, .administrati.on,~and - enforcement-of'--thisagreement--and --the performance thereof by-the Developer and all oth-er.matters relating to the PUD p.lan ;~t.Ihe DevelQf)er.. :shaLl'.~b.e,:;enti:tl;ed'~to.ct'.eee!i ve a's a :cr.edit againstt-hese =expenses~-a-l,1'~->a-f)f)Ii-eabl<~f.ee&"hEM'e~r'&=pai4".t'& the nCi t'Y ' ",u under anc!purs\tant; -to'~nbt8=an.d=-:-~d4:v:rsui~r:d1:.fi&flC~=&M~t-3-:--:-trha-tc=-::"'-- have been assessed. Said extra -charges will ,be itemized -identifying person, task,t ime ,da te~..andat--:cos:t rate..; 25. 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 ninety (90) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the required improvements to be constructed and installed, and may cause the entire cost thereof, including all reasonable engineering, legal, and administrative expenses incurred by the City, to be paid by drafts drawn against any letter of credit or other security deposited, pursuant to the terms of this Agreement, or in lieu thereof, the City may take legal action against the Developer and the surety of any performance bond filed hereunder to collect all of the costs of the making of any of said improvements. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer shall be and hereby are waived in their -11- . . entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. 26. The City staff, City Council, and City consultants will at all times expedite all work involved in the development of the "property" and in the development and execution of the proposed Highway 7 intersection. 27. Developer at his expense shall provide temporary dams, earthwork, or such other devices and practices including seeding or grading of areas as shall be needed in the judgment of the City Engineer and the engineer for the appropriate watershed district. 28. The address of the Developer for purposes of this contract is: Trivesco 14201 Excelsior Boulevard Minnetonka, Minnesota 55345-4997 29. 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 the event any provision of this agreement shall be held invalid, illegal, _ or un enforceable by-any court::-or~competent. . jurisdiction, such-holdingsha,llnot invalidate--:'orrenderTc unenforceable any other provision hereof and the remaining provisions shall"not in any way beueffected .or' impained- th-er'~by. . 30. This agreement,..may he:,;" stmu! taneously~.:exticu~d,~ tn~~eFal~;-~; counterparts~. -each -ofwhich-will::be ; an.ol!ig1na;;and all .or;:whicft~shal.l::, i , constitute,.'but be""one and the same-instM:nnt:mt-;--~ 31. This agreement-'shall be construed in accordance wi th the laws of the State of Minnesota. 32. Signs for the purpose of advertising the subject property may be erected in accordance with the Developer's sign plan including but not limited to a 16 foot by 12 foot sign on Highway 7, a 12 foot by 8 foot sign at the entrance on Vine Hill Road, and a 12 foot by 8 foot sign at Covington Road and Old Market Road. The Developer will submit sign plans to the City Inspector for review prior to installation. -12- . . ADDITION TO DEVELOPMENT AGREEMENT 6.C.(6) Letter of Credit: The Developer will fully and faithfully comply with all terms of any and all contracts entered into by the Developer for the installation and construction of all Plan A improvements and hereby guarantees the workmanship and materials for a period of one (1) year following the City's final acceptance of the Plan A improvements. To ensure such compliance and guarantee by the Developer and to secure the satisfactory completion of the Water Movements as described in Exhibit F. Developer shall deposit with the City a letter of credit satisfactory to the City. Such Letter of Credit shall continue in effect during the construction period and expire one (1) year after the City's final acceptance of all Plan A, Phase One improvements. The amount of the Letter of Credit shall be equal to one hundred fifty percent (150%) of the estimated cost of construction of each of the Plan A improvements as approved by the City Engineer. The Developer shall pay all reasonable attorney's feet and costs incurred by the City in defense of or enforcement made by any rights of the City under the Letter of Credit. ~ ' . MEMORANDUM TO: FROM: DATE: RE: FILE NO. . . MAYOR Robert Rescop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MAYOR AND CITY COUNCIL BRAD NIELSEN . 3 APRIL 1985 HOWARD'S POINT MARINA - Request for Sewer Permit 405 (General) Howard's Point Marina has requested approval to operate a sanitation pump-out facility at 5400 Howard's Point Road (See attached request from Richard Baker, dated 25 March). As you are aware, Howard's Point Ma~ina is~a non---conf-orming use in the R-l district in which-it'i-s-located. As you also know, Section lO=of'::::::the. Zoning auiinance~--iA4u-i.ta,.--specific-~- about not allowing non-conformities to be "enTar~ge-a, -increased, or extended".-However ,==given the- Counc:iJ.'-.s:::.:::::dec:i:on=.i:as:t-: --yea:r.=- relative to enlargementoi'the marina' sgas,~tank&~c lam unsure of how the Council would like this latest request handled. As a result I would like todiscussthe-matter at Monday night's meeting to get Council direction prior to informing the appli- cant what, if any, process he needs to follow for his request. If you have any questions relative to this matter, please do not hesitate to contact my office. BJN:rd cc: Dan Vogt Glenn Froberg A Residential Community on Lake Minnetonka's South Shore 1/# . . '" . Howard'5 Point Marina 5400 Howard'5 Point Road Shorewood, MN 55331 ~ 25, 198~ tJ\"~4'" Mr. Bradley Nielsen City Planner/Building Official 5755 Country Club Road Shorewood, MN 55331 Dear Mr. Nielsen, Enclosed is a permit appl ication for installation of a boat sanitation pump-out for Howard's Point Marina. Approximately two years ago we were approached by Lake Minnetonka Conservation District to install a pump-out at our facil ity. The upper Lake MinnetonKa area does not have a pump-out facil ity and the LMCD was encouraging us to install one to continue promotiong conservation and cleanl iness in LaKe Minnetonka. Howard's Point Marina agreed that one was needed but we were not in a position to install one at that time. Howard's Point Marina would like at this time to i nsta lla much needed pump-out. I recently talked to Mr. Frank Mixa,Executive Directorofwthe LMCD,.and he is still encouragi ngus.ct.od-nst.a 11 the faG ~..~ ity .We fee L the pump-out wo\,t 1 db" 'we 1comedu not only by-; t-h..---bo-ater-s-v i.si-t in9 LakeMi nnetonk..,~.llU tal so 1 ake res i dents who have the need for stKh a~fac id Lt-y., I have enco 1 osed somI' 1 i t.ra:tur. on one ofthec- -two- . pump -QU t_'_.)f-1rft.mF~.e:c.-deoK--in9=a-b-=-c,,-t'b-e y .....e..bo~th. si mHaf'_ - in stylI' and method.' We would appreciate your action on this matter as soon as practical so that we can proceed and have a pump-out for th. 1985 boating season. Sincerely, f;Ji ",J) a.6~A,,,,- Richard A. BaK.r Presid.nt, HPM r~ 3/ifq/5~ I II' : HOWAIZO-5 P-r: ,N/AR/AlA , . , , , , , ., , f I'?v PO>cD \.1 A 0 ~ A-r- J iJ .-..) , () F PU Jvf f-ow"'- \ \ po ~.. ., r L;. ..d. t,Al~ , ff'J:'J~~f(~' 2 f( , ., ~(AJ"".,AAIO \. . ) J ~ " ) .~~ _J . :> I',)"JH,.j , , , , , , , , , , . \ I .J , , , , , , \ , , . r-' , , ,n. : .,~ n -.., 88 &9 &&9G)~Q!)@, . 9@ e G)Q @ @ @~ QG> i I \ I (i) (i) G> (i)@ (i)@ (!)<e) QG 8 @) @ \~~~ ; \. tJ .. 1"1 J "":,, j;1:: I, l'! !01 [:"1 . I' ~ 1 ': ;'. ! !: ~ "I " ! ; " " .. --.. ~ .<<t", ......... W l" . , , .,~ ~ .", U\ .. 0 . " , - WIt.' .. ....~ ~ /JOwMlD!fJ, /k:>/Nr ~ ----- -- -" --- I,' 1, " !i n j II, . 110/220 Volt AC Exploslon- proof Motor · Flbergtaas Housing · Weigh. only 125 Ibs. · 20 feet of Non-collapsing Hose 1-1/2" Dia. · 20 foot Fresh Water Back Flush Hose · 10 foot Fresh Water Pick-up Hose · Special Installation · All Fittings are Quick Con- nectType , ' 1IOtS:~. ~- .--'- '" . -----...---...--..----." - . . - -~ ".-.., "- . " :.-::-=C-()ff) ,'---_ ~:-7- '~0P'TIQIiE. . OPTI~;;;-~,,"'>':~""lf'" easy Installation any place with fresh water supply (city, well, lake or river) end 110/220 volt, eo cycle, electrical service. Simple Indicator knob posItkIne ... ewele functions (pump-out. '** tluah, back tIuIh puMp !:i:nafllI heed)...... ell- switch, on-otf Npt _ over . safety light. -... ptImantnt ........... are poeeIbIe for COIMnIent to- cetIona. For ....... ... V.. matIc can ba poeftIaned on . .. or In . pump ...... .... ........,.,t ... ............ ........., aupply. , ,:~ '0 ,. '. i "'rt"."~':""=~~i""" ',,:"'" ........' '..., -.. ~: ...-c far ............ 1 pie ...... . " L_ . ", " .,', f .~ "~"~'" -:,0 ';T'/~'i ;-,' ,r;<:_.i;~~';::\ :t;; ,'j:-::;-,>; NBeD MARINE DIVISION OF NEUMANN ENGRAVtNtJCf.JMPA~ 82700 INDUSTRIAL AVENUE. MADISON HEIGHTS,_""",.";~ "f, :~:',< '-"", i,~~f::./.\.,. ......., ....,' TABLE... ,"~'~\~i'T';,'; :ptjMP...OUT SYSTE'M F:~OR HOLDI I~J(l TANKS 1_8'0 ON.'" if~ac-matlc i. Cottlp,eiety PC)rtable, It i. -.ify"';c'" any position on your dock. An that i. required.~; . ation is 110/220 volt, 60 cycle electrical service,'" fresh water supply (city water, well, lake or river). .~ matic will discharge waste into any system avalll FAST, EFFICIENT OPERATION ON YOUR DOCK NECO Vac-matic is a compact portable pump-out unit designed and developed for Marina dockside service. It is the fastest total pump-out unit available today! With the growing EPA legislation and enforcement It is increasingly important for Marinas to offer their customers rapid, efficient dock- side clean out service. Vac:'matic is the ideal solution. It is portable, and quickly moved _ .'_ into positlQobY.ll Qo.cJtJlttend.aot =-A-:tWkIY8'"'.... .:-' tem~ size_ hol~!ank'lat<M~to.;s::'.u']i..utEisi'_ '..-'.so~SYI-.the-entire"1)~Ofl'~~c:fOOEr:=o=_ ..,;j:;.~jta,..u~~~MJUi1mg.';;~t7~::~~' ." ,,:' ,~, ':i~' CLEAN tftoost~M'IOPERA~~~'='= Unlike_-mJinYc~out==.t.Jfth; t~\t~~~=~:.-- .matic- is- nOII-ctog:gtng.1'ti8~rQnedc':sottlat" no waste matter ever comes in contact with any of the unit's moving parts. Therefore the Vac-matic can remove even large solid ob- jects without clogging. Vac-matic also pro. vides complete waste evacuation from all discharge hoses, preventing accidental spill- ages on the dock or craG. being serviced. Since no waste matter ever contacts the unit'smoYlno parts the commonexperl~e of pump or diaphragm failure with resulting waste spillages will never "'pen. " . " . , . ;uwer, holding tank or septic tank. All fittings are the quick onnect-disconnect type so the unit can be operated by i single attendant during refueling. The unit has an easy Ive step cycle which once initiated will operate automatic- lily (or can be controlled manually). .- .... .~~ ,. .....,--- -/" ./.. -,. ~j ...~ IIIIIiiiiii . ,. . Pump ~/ out Fresh water back flush e';- t~., "'0,"" U' !~ -- <1"".' ".... ......I~,~,) t..._ ';"'1. r e:1 1_ '-a " Unique design prevents wastes from contact- ing moving parts. Removes large solid ar- ticles without clogging. D Full system cycle for complete evacuation and refilling of holding tank takes 3 t05 ;=~~.minutes. .n ::~"llPumps-()Utanysize holdingtank.- . _ mptmety-P<>>'t-able, ITlOves ea811Y'to.c~lnY . sitiollDn your' dOCk. __. !J(pf&~1nOtor.standard.- !ij!! Cycles in five easy steps: 1. Pumf>'Out 2. F reshwaferback-flush-- 3. Back flush pump 4. Metered fresh water refill 01 head- 3.5 gallons 5. Waste discharge ... Usable anywhere you have 110 volt electrical service and aCCess to fresh water supply. Vac-matic will discharge waste into any sys- tem available - sewer, holding tank or septic tank. MEMORANDUM TO: FROM: DATE: RE: FILE NO.:-' . . MAYOR Robert Rascop COUNCil Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MAYOR AND CITY COUNCIL BRAD NIELSEN 3 APRIL 1985 OANSER, ERIC - BUILDING PERMIT '405 (84.28) In October 1984, Eric Danser was given a variance to "expand his nonconforming house located at 21640 Lilac Lane. At that time the request was for a one-story addition to the rear of the house. He has now asked permission to make the addition two stories instead of one. While I am inclined to issue the permit because the circumstances pertaining to the variance approval have not changed (i.e. the nonconformity is not being increased), the request has been scheduled for discussion at Monday night's meeting in the event the Council disagrees. If you have any questions prior to the meeting, feel free to contact my office. BJN:rd cc: Dan Vogt Erick Danser A Residential Community on Lake Minnetonka's South Shore //13 ~ .. .. ;/' ", ~"'.. -~ liD TABULATION fer .. . ARTICULATED FOUR WHEEL DRIVE LOADER . Bleil 0,."" 10:00 A.M. On -SoheIe..-lIayeron APRIL 1, 1985 - . AIIOCIa.... 'M. COntractor II ~ TOTAl,. 810 ((;J Ziegler Inc. \V Fide 1 ity 901 West 94th Street no..",,,,;.. 49 785.00 Minneapolis, Mn. 55420 2. Case Power & Equipment 6340 Highway 101 Aetna Casualty 25,880.00 Shakopee, Mn. 55379 -c- 0_ - , , i : i J 'i , . , " .. : , - = , I hereby ceRlfy tMt tIli. i. a tJ:Ue and cornct tabulation of the bid. .. neei yect on By .. , - . D.... Corrected f.... ea... .... ;~,..~.. - , .,\'" -, - ......#' /r~ _h "-.- v ? - T"LATIOII fer TWO WHEEL DRIVE UTILITY TRACTOR . .. Op."1 11:00 A.M. 0".........11.- . APRIL 1, 1985 . . AIlaDII.. 1M. c.traotor ..din TOTAIr liD .0- Cert ified Ck. 11 Lonll Lake Ford Tractor t 600. 11.803.00 Long Lake, Mn. f)Ov ) Certified Ck. 21 Kortuem's Sales & Service Rental Inc. $500. 9.995.00 - .~_.. 12.--West -- -- -- ---.- 0~~~L.---._. ..-- ---- . -- _..._..- m_ -.--..-.--." .....-. _. m_ -- . _ ---- ---\......- ~J ~_..__..._..- -- ------ r i.-j.,~"_,-,,,_.~; i-Manle aain Mn .;'-;:-':~C'; Ii Ii~ ';9 - ._- t:t.- t;: , -- , .-_.-- - .. ~ i",,' ,- - m , ,:.=.l] -::. ,:'tuma:=:EQu i J)n'iet'tt'--{;()fft1:t8 n v Inc. . .r,_' . , --- .~'^. . ; -0 Fe-d~al.Mut.ua 1 .- .. . c~rtoLvn-dcr Ie Avenue South : - ,,- --l-2-.-1-25ct~m -- m -- -...-.-...-... r~' - . , 1Bloomington, : Mn. .. , , - , l . . , -- . 4] ~Toro - . MTI Distributinll Co. .. ... ! Great AmerH:a-n -- ~ 14900 - 21st Avenue North Insurance Co. 9,537.00 Plymouth, Mn. 55441 5] Scharber & Sons Money Order 13725 Main Street $548. 10.960.00 Rogers, Mn. 55374 ~z:I outiIJ tbat tb1a i. a ..not Ubalatloa of tile bida - noel'" OD ay ~ . D..... C. ,...... "lIrl '" .- ~I.. ____..,:.. .,.r' . IV4.. . I' .r liD TgULATION ,/ fer .. TWO WHEEL DRIVE UTILITY TRACTOR - 2 - .. . lIeII ap..d' 11:00 ,A.M. OR -laMle.. -IICIyIrOI_ APRIL 1, 1985 . . AIIOCIa_. I.. Contractor din I TOTAl,. BID 6J Lano Equipment Company Inc. ;; 3021 West 133rd rY Cashiers Checl Street $~qR .c; 9,596.00 Shakopee, Mn. 55379 7] Prairie Lawn & Garden 15916 W. 70th Street (Highway 5) rJ</' 14' Check Eden Prairie, Mn. 55344 ~541. q6 1() A1Q ?C; -. ; j i ...1 " . 0..' , " .~ -", ; --- .. .~ : . ~ i 11 :. I heRby ceZ't1fy tba~ tIli. i. . U'Ue and ~~ ~ab\ll.~ioD of t:be bi48 .. noeiwc! Oft By = ... ~:~ r- --~'.fi... . D..a. C.,..... f.... ~.... ",'.. -- 'i' - ..,.. ,.,..,._"", /" PUBLIC WORKS DIRECTOR, DON ZDRAZIL, RECOMMENDS THE ACCEPTANCE OF THE BID FROM: Ziegler Inc. 901 W. 94th Street Minneapolis, Mn. 55420 in the amount of $49,785.00. This equipment best fits the specifications as requested. Spec # Specifications Cat Case Ref #10 Transmission 4-3 Reverse Speed 4-4 20 MPH 4-2 9. 7 MPH Reason: Cycle time in snow plowing application such as parking lots and dead end streets. Re f # 11 Cab Heater 40,000 BTu 40,000 28,000 Rea:;on: Bring cab temperature up to operational level for safe operating condition Specification Operator's compartment shall be located on the main rear section of the chassis. Cat Rear Case Front Most loaders are rear mounted operator's compartment - such as Clark - Trojan - Komatsu - Cat - Terrex - Fiat - Allis - John Deere Front Mount = Case IHC With operator on rear, operator knows where rear of machine is at all times. 2 Yards ~ 6912 1-3/4 Yards 6~~ / I , i i I With operator on front, he has to look back continually, like backing a trailer Ref #14 Ref #17 Minimum hours for greasing Bucket Size - Spec - 2 Yards Case bucket is 12.5% smaller ~ 666 Extras not in specifications but included on Cat 926 Breakout Force Cat #926 = 24,300 Case - W-20 20,400 Adjustable Steering Column Yes No Bucket - 4 piece reversible bolt on cutting edge Electronic Monitoring System Yes No .&d!- ~ 12<~~~ if> ;:;q 22. ~ . -'"-J .tIt) S- 30. · .' / j CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, APRIL 2, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM M I NUT E S CALL TO ORDER Chair Leslie called the meeting to order at 7:45 PM. ROLL CALL Present: Chair Leslie, Commissioners Reese, Benson and Spellman; Planner Nielsen; Council Liaison Stover and Deputy Clerk Niccum. Absent: Commissioners Boyd, Schultz and Watten (all were excused) APPROVAL OF MINUTES Reese moved, Benson seconded, to approve the minutes of March 5, 1985 as written. Motion carried unanimously. DEVELOPMENT STAGE APPROVAL - SILVER RIDGE P.U.D. Mr. Jim Bruce was present to state that he generally agrees with the Planner's and Engineer's recommendations. He did wish to request that the City keep in mind that the intent for Outlot B is to keep it as a private driveway, as natural as possible, and that the only reason it was done as an Outlot is to eventually benefit the neighbor to the South. He also asked the City to make a request to the MWCC, asking that they grant permission for Silver Ridge to connect to their Metro sewer line. Commissioner Benson asked him if he had any problem with the 16' width on the private road. Mr. Bruce said he would prefer a narrower width, wishing to maintain it more naturally as a private drive, but would go along with it if necessary. Relative to the Engineer's concern with drainage, Chair Leslie asked Mr. Bruce if he planned to have curbing. Mr. Bruce said he was not interested in curbing as he did not feel there was a need for it because the street water runoff is minimal. Chair Leslie questioned the affect of the old Covington Road r.o.w. alignment on Lot 3, Block 2. Planner Nielsen explained that the'old r.o.w. still exists and reduces the buildable area of the lot. Since the Engineer recommends keeping the existing r.o.w. because of the sewer line located there, it is recommended that the setback for Lot 3 be adjusted to reflect the new Covington Road alignment. Reese moved, Benson seconded, to recommend to Council to approve the Development Stage and Preliminary Plat subject to the recommendations of the Planner and the Engineer: 1. Private road. A 16' width is recommended. The question of public vs. private ownership is being explored by the City Attorney and the Plat approval should be subject to the Attorney's final recommendation. 2. Setback alterations. The setback alterations shown on Exhibit B of the Planner's Report (March 29. 1985) should be incorporated into the development agreement prepared in the Final Plan Stage of the P.U.D. process. PLANNING COMMISSION MINUTES TUESDAY, APRIL 2, 1985 page two 3. Designated wetland. The developer has made the designated wetland an outlot (O.L. C). As part of the final plat,a conservation easement over the wetland must be dedicated to the City. 4. Covington Road realignment. upon the new Covington Road Report (March 29, 1985). The setback for Lot 3 Block 2 should be based alignment as shown on Exhibit B of the Planner's 5. Watershed approval. ations. Plat approval should be subject to Watershed recommend- 6. Engineer recommendation. Detailed plans and specifications for the streets and utilities should be subject to review and approval by the City Engineer. Motion carried by Roll Call vote - 4 ayes - Benson, Reese, Leslie and Spellman 7:45 PUBLIC HEARING - WESTLAWN TWO Mr. George Larson's Engineer, Mr. Mark Gronberg, was presentto request Preliminary Plat approval. The .~Lite is approximately_ 15.9_ac.res, cur.rent.1yzonedR-l, Single Family Residential. Mr. Larson's request is tG subdivide only the four lots on Smithtown Road at this time. Marion Johnson - 5915 Strawberry Lane was concerned about the drainage, and wanted to know if there could be any special provisions made on Mr. Larson's side of the street, such as enlarging the ditch that runs down the east side of Strawberry Lane. Planner Nielsen read the Engineer's Report, explaining that the Engineer has recom- mended that the drainage go to the west and showed a plan of the proposed drainage to the west. Marion Johnson also asked that it be recorded that she did not feel that the "general public" should be assessed for the storm sewers. Don Mullenbach - 5830 Strawberry Lane asked how far the storm sewer would run from Smithtown Road. Planner Nielsen said it would run across the back (south) of the proposed plat, a distance of approximately 900 feet. The public portion of the hearing was closed at ~:11 PM. Commissioner Spellmpn asked if financing the storm sewer is a consideration of the plat approval. Planner Nielsen said no, that the financing would be handled during the final plat of the second phase. Benson moved, Spellman seconded, to recommend to Council that they approve the Preliminary Plat for the four lots on Smithtown Road subject to the Planner's and Engineer's recommendations: 1. Street design, grading, drainage and utilities should be subject to the recom- mendations of the City Engineer. Drainage will also be subject to review and comment by the Minnehaha Creek Watershed District. " PLANNING COMMISSION MINUTES TUESDAY, APRIL 2, 1985 page three 2. The foot drainage and utility easements. should be provided on each side of each side and rear lot line. 3. Park dedication should be subject to the recommendation of the Park Commission. Motion carried unanimously. 8:00 PUBLIC HEARING - LAN-DE-CON Mr. Mark Laberee, President of Lan-De-Con, Inc. appeared before the Commission to present his request for a Conditional Use Permit (C.U.P.) to put in a tree farm. He said he felt that it would definitely improve the property for future use, as they would plant a heavy band of evergreen trees along Highway 7, besides leaving other trees when they develop the property, and that nicely wooded property is more valuable. He said the property would not be used as a nursery but only for growing purposes. There will not be any outside storage. They propose one entrance on State Highway 7 (They are already working with MnDOT on this), and also an entrance 'on Eureka Road. The Euteka Road entrance would not have any truck traffic. Walter B100mgren - 25480 State Highway 7, also speaking for his wife and daughter, stated that the tree farm has already been in business for a year. He said big trailers w~uld come in and it has been a big business. He said after looking over the plans he. would not object too much, but was definitely against the Eureka Road entrance. Regarding the Highway 7 entrance, he said that the Eureka Road/ Highway 7 intersection is a bad intersection and there have been many accidents there. Mark Laberee said that he had originallv talked to someone at City Hall, and had apparently talked to the wrong p~opl~. because Je thought he had permission at that time. He said he did store trees for other companies at the time and that was what caused the traffic and noise. He said this would no longer take place. Jack Hendrickson - 6065 Eureka Road said he liked the idea, and felt it would be an improvement to the neighborhood, but that he did object to the Eureka Road Entrance. The public portion of the hearing was closed at 8:27 PM. Commissioner Benson asked if it would be a retail operation. Mr. Laberee said no, it would be strictly a growing area. Chair Leslie asked how much traffic would be generated. Mr. Laberee said there would be someone in and out approximately twice a day in the Spring and approximately twice a week in the Summer to water and cultivate the trees. Spellman moved, Reese seconded, to recommend to Council that they approve the Conditional Use Permit with the condition that no entrance onto Eureka Road be allowed, and that the following Planner's recommendations be complied with: 1. The three parcels be combined into one. 2. The property is to be used only for the growing of landscape stock. No retail sales activity is allowed. . ';' I. ~ , PLANNING COMMISSION MINUTES TUESDAY, APRIL 2, 1985 page four 3. The evergreen landscape buffer should be planted immediately. Consideration should be given to planting larger trees (4-6 feet high) adjacent to adjoining residences. 4. The impact of vehicular traffic on adjoining streets and residences should be minimized as follows: a. Limit hours of operation from 8:00 a.m. to 8:00 p.m. b. Require that trucks use only the Highway 7 access drive. c. Access from Highway 7 will require approval from the Minnesota Department of Transportation. 5. No encroachment should be allowed into the designated wetland on the north side of the site. Permanent stakes or a fence should be placed along the edge of the wetland area. 6. The applicant should indicate what, it a_ny, Qutdoor storage will take place on the site. Areas for such storage, if _allow~<:i~L_shol.Jld__be specified on the site plan and $cree-nedfrorn view of the aJ:\,ioln'ing properties. 7. Any onsi~e storage ,of equipment sh,Quld takE!< place with a small accessory build- ing, built in compliance with the State Building Code. 8. Signage on the site should be limited to,an address sign (possibly with a small nameplate), anc signs sufficient to control traffic as recommended in item 4., above. Motion carried unanimously. SETBACK VARIANCE REQUEST - MICHAEL HALLEY - 24000 STRATFORD PLACE Applicant requested postponement. SIMPLE SUBDIVISION/VARIANCEREQUEST - RALPH ROBINSON - 28190 WOODSIDE ROAD Mr. Robinson requested dividing his property into three lots. This same request was submitted by Donald K. Rippel in 1979 and approved by the City Council in 1980. It has to be reprocessed as a new request because the division was not recorded. Reese moved, Benson seconded, to recommend to Council that they approve the Simple Subdivision/Variance Request subject to the Planner's recommendation that park dedication fees ($500 each for two lots) be paid along with the City's previous expenses for processing the request. Motion carried unanimously. MATTERS FROM THE FLOOR none REPORTS Council Liaison Stover reported on the Council meeting. ADJOURNMENT Benson moved, Leslie seconded, to adjourn at 9.00 PM. RESPECTFULLY SUBMITTED Sue Niccum, Deputy Clerk SN:sn I\)\)'::;"' \ (' - , , t jt.., \ \ \ \ \ J~'" E / /~ /4; /tj"bs S ........... I , / ___ I '" " I / /' I /' I.... / / I~ I; I ""'f7-, _ - - -- I -- _--..,.,z f--- ~t, \'1 I I \~ ' I I ,,\ IUj :: ... ~CXl I\. I I I ..- L-_~-~ I \ ~ I ../' \. \ \~ \ \ , ..-_ __ I "., \--.. , / (' "'" / /' \ \ \ /" ". .. c,V \ ......0 \ 0 90 92Jb:::^UI <g-I [fW>' "-I... \ \' " . ~ \\- --"\ \ \ \ \ ..-... I I \ I I I I ~ J I IJi " ~ ., I ,I )\ ~J: ! ~-~, :-cJ3d073A30 01