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082685 CC Reg AgP 10 . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 26, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGE N D A A. Pledge of Allegiance & Prayer B. Roll Call Stover / Gagne 4. Mayor Rascop~.... Haugen . Shaw \~ C. ~ ) '~\ "v' \~~\ CALL TO ORDER 1. APPROVAL OF MINUTES A. Regular Council Meeting - August 12, 1985 (Attachment la. - Minutes) 2. MATTERS FROM THE FLOOR A. B. 3. CONSENT AGENDA A. Minnetonka Athletic Association Contract ;\ .rJ' (Attachment 3a. 4~.) 0/ . (, tr,-_~7 . - Contract) Motion moved by Seconded by Vote 4. PLANNING COMMISSION REPORT A. B. 5. PARK COMMISSION REPORT A. Freeman Park Improvement (Attachment - Park Commission Minutes) -#S- 7/15 - 8/15.- ,'S/19 B. ~ .. REGULAR COUNCIL AGENDA - 2 - AUGUST 26, 1985 6. CONDITIONAL USE PERMIT & SETBACK VARIANCE A. Applicant: Roy Ahern Location: 5540 Shore Road (Attachment 6 - Staff Report) *Refer to Planning Commission Minutes - 8/20/85 7. CONDITIONAL. USE PERMIT A. Applicant: Crepeau Dock & Garden Patch Location: 23425 & 23445 Smithtown Road (Attachment 7 - Staff Report) 8. CHRISTMAS LAKE ASSOCIATION DONATED ACCESS (Attachment 8a. - Proposal) 9. ATTORNEY'S REPORT A. Steve Evans Complaint B. Status of Blood Prosecution C. Triviesco Project Update - Water Supply D. Kennel Ordinance Draft .# ZJ D - c:LL~) E. 10. ENGINEER'S REPORT A. S.E. Area Water Feasibility Report (Will be sent by Engineer) -1(~ ( (~, - ~ ~.r-'- B. Eureka Road Drainage Problem C. Policy Clarification - Cleaning of culverts. D. Kragness Service & Water Request E . tn, VI' t,v--' 1.fi/:\-J n ,,~a<?~v 11. PLANNER'S REPORT A. Koehnen/Niccum Water Supply Update B. Tingewood P.U.D. Update C. Kiser Variance Clarification D. ... J 4 .~;."~. J ,.... . '....l~... ... J'.o~,~( ~ . ..... ...~ > . .....~ ". ~'.,~' . ~. Jb.. ,.,' If".,::,' . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 12, 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., Monday, August 12, 1985 in the Council Chambers. PLEDGE OF ALLEGIANCE & PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Shaw, Stover, Gagne, & Haugen. Staff: Attorney Froberg, Engineer Mogan, Planner Nielsen, Administrator Vogt, and Clerk Kennelly. APPROVAL OF MINUTES REGULAR COUNCIL MEETING - JULY 22, 1985 Gagne moved, seconded by Shaw to approve the minutes of the Regular Council Meeting of July 22, 1985 as corrected. Motion carried - 5 Ayes COUNCIL FINANCE COMMITTEE MEETING - JULY 24, 1985 Shaw moved, seconded by Haugen to approve the minutes of the Joint Meeting as written. Motion carried - 5 Ayes. SPECIAL COUNCIL MEETING - AUGUST 1, 1985 Shaw moved, seconded by Gagne, to approve the minutes of the Special Meeting held August 1, 1985 as written. Motion carried- 4 Ayes, 1 abstain (Stover - absent at that meeting.) CONSENT AGENDA PARK COMMISSION APPOINTMENT - KEN VOGEL Mr. Ken Vogel has b~apPointed to the Planning Commission vacancy created by t"eh resignation of Carol Butterfield. The term will expire 1 /85. M.D.A. FUND RAISER RACE Council approved the course to be used for the M.D.A. Fund Raiser. Gagne moved, seconded by Stover, to approve the items on the f . a.... . . REGULAR COUNCIL MEETING - 2 - AUGUST 12, 1985 CONSENT AGENDA (CONTINUED) Consent Agenda as requested. Motion carried - 5 Ayes. PLANNING COMMISSION REPORT PLANNING COMMISSION APPOINTMENT - MRS. PAT MASON Council reviewed the applications for the vacancy on the Planning Commission. Council discussed the possibility of expanding the Commission and adding at large members. Council took no action to change the current 7 member Commission. Stover moved, seconded by Haugen, to appoint Mrs. Pat Mason of 4925 Sussex Place to replace Mary Boyd. This term will expire 12/31/87. Motion carried unanimously - 5 Ayes. PARK COMMISSION'S REPORT Commission member, Gary Carl, reported to the Council of the resignation of Richie Hemping, due to health reasons. Carl requesting that the Commission be kept up to date on the current budget expenses and revenue balances. Haugen moved to accept the resignation of Mrs. Hemping, and to direct that a letter of thanks be sent from the Mayor and City, seconded by Gagne. Motion carried - 5 Ayes. Carl reviewed a meeting with the Tonka Men's Club and the South Tonka Little League. These organizations have offered funds to up~grade and add additional ballfields to Freeman Park. The work would be done by the Hennepin County Vocational School with funds to come from the various associations and fill from the near by Shorewood Oaks project. Further information will be obtained for these improvements. PAUL NELSON - C.U.P. - VARIANCE REQUEST Mr. Paul Nelson of 27120 Edgewood Road was present to request a C.U.P. to expand a non-conforming structure and a variance to a side line setback. Stover moved, seconded by Gagne, to approve the C.U.P. to expand a non-conforming structure and deny the variance request. Motion was denied - 2 Ayes (Gagne and Stover), 3 Nayes. RESOLUTION NO. 61-85 Stover moved, seconded by Haugen, to approve the C.U.P. to expand a non-conforming structure within the regulations of the Zoning Ordinance. Motion carried - 5 Ayes. . . REGULAR COUNCIL MEETING - 3 - AUGUST 12, 1985 PAUL NELSON - C.U.P. - VARIANCE REQUEST (CONTINUED) RESOLUTION NO. 61A-85 Haugen moved to grant a setback variance of 8' to the side line, seconded by Rascop. Motion was denied by roll call vote - 4 Nayes, 1 abstain (Haugen). SIMPLE SUBDIVISION - ROBERT PICHA RESOLUTION NO. 62-85 Mr. Robert Picha of 5930 Seaman's Drive was present to request a simple subdivision of 3 lots. Haugen moved, seconded by Stover, to approve the simple sub- division in accordance with compliance of items 1-6 of Planner's Report dated August 1, 1985. Motion carried by roll call vote - 5 Ayes. CREPEAUC.U.P. AND REZONING REQUEST .( Charles Crepeau reviewed drawings of proposed improvements to his property at 23425 and 23445 Smithtown Road. The Garden Patch and Crepeau Docks are currently doing business at those locations under a C.U.P. Planner Neilsen requested a more detailed sketch of new curb cuts and plans for the island or barrier along County Road 19. Mr. Crepeau has requested rezoning of the property from R-5 to C-4. He would like to not have to black top his parking a as equired by the C-4 zoning. He feels the cia uried aused by the compliance of the paving and concre curbing on poor soil base ISIDore than he can economically afford. Planner Nielsen indicated that it is a requirement of the C-4 zoning. ~\ ().- "". ;.,v lyYj;=__ REZONING OF CREPREAU PROPERTY ANDC-4 -ORDINANCE NO. 170 Stover moved, seconded by Gagne, to approve the property identified as the "Crepeau property" from R-5 to C-4 zoning. Zoning Ordinance Amendment was adopted by roll call vote - 4 Ayes, 1 Nay (Shaw). C.U.P. REQUEST Planner Nielsen felt that additional information is needed before a C.U.P. can be issued: 1. Dimensioned site plan defining all used areas including outdoor storage, sales display, and parking areas. 2. Professional landscape plan. 3. Signage plan and Building elevations. . . REGULAR COUNCIL MEETING - 4 - AUGUST 12, 1985 CREPEAU C.U.P. REQUEST (CONTINUED) Rascop moved, seconded by Haugen to extend the existing C.U.P. to the next Council meeting and to obtain additional information as previously issued. Motion carried - 5 Ayes. ZONING ORDINANCE AMENDMENTS (SIGN) ORDINANCE NO. 171 A draft Ordinance was presented that would allow larger construction signs to be posted in a P.U.D. Stover moved, seconded by Gagne, to waiver the second reading of the Ordinance and adopt the Ordinance as submitted. Ordinance adopted by roll call vote - 5 Ayes. REQUEST FOR WATER SERVICE Michael Kraemer of 5425 Timber Lane has asked permission to extend the Tonka Bay Water System from Brentwood Avenue to service his home. This request was granted in September of 1980 and not completed at that time. Gagne moved, seconded by Stover, to grant permission to extend the line at his expense and sign a statement agreeing to accept an assessment for water when and if Shorewood installed a system. Motion carried - 5 Ayes. PLANNER'S REPORT COMPLAINTS: MINNETONKA COUNTRY CLUB - Inspection of a vacant lot owned by Minnetonka Country Club was made. Nielsen found only stock piling of gravel and materials for the operation of a golf course. Noxious weeds were found, and notice will be sent out by the weed inspector to remove. Rascop moved, seconded by Shaw, to accept the report and forward it to the complainant. Motion carried - 5 Ayes. STEVE EVANS: At last inspection, everything was cleaned up except an unlicensed vehicle parked behind a garage. Nielsen recommended that it be turned over to the police for ticketing instead of proceeding with court action. Stover moved, seconded by Gagne, to direct the police to ticket the unlicensed vehicle. Motion carried - 5 Ayes. MT~Towne felt there will be additional violations on work related vehicl~ rental unit, and dog problems. Haugen moved, seconded by Gagne, to direct the City Attorney to respond to Evans on the possible rental unit. Motion carried- 5 Ayes. . . REGULAR COUNCIL MEETING - 5 - AUGUST 12, 1985 PLANNER'S REPORT (CONTINUED) BLOOD VIOLATION - Gagne would like the Attorney to report on the status of this complaint at the next meeting. TINGEWOOD P.U.D. - Nielsen met with Mr. Erickson and Mr. Harmsen to explain their financial situation on this project, and re- quested the reinstatement of the P.U.D. zoning. Nielsen sited violations in a letter dated July 19, 1985, and indicated that these items should be complied with immediately. As of this date, these items have not been totally complied with. Gagne does not feel that the City should consider reinstatement of the P.U.D. until all violations have been complied with, financial backing has been secured and all agreements of completion have been agreed upon. Nielsen felt the banks may not back the project with a letter of credit without the P.U.D. in effect. KOTZHERjVISCASSILLAS DIVISION RESOLUTION NO. 63-85 Maintenance agreement has been signed and received, this was the final information to be obtained to approve the zero lot line split of the property located at 6140 and 6142 Chaska Road. Zoning Amendment Ordinance No. 160 for this area was approved in July of 1984. Rascop moved, seconded by Gagne, to approve the lot split as requested subject to the payment of any and all appropriate fees and to file the maintenance agreement with the deed. Motion carried by roll call vote - 5 Ayes. ATTORNEY'S REPORT REPEAL WATER FRANCHISE ORDINANCE NO. 169 ORDINANCE NO. 172 Attorney Froberg submitted a Water Franchise Ordinance that repeals Ordinance No. 169. Gagne moved, seconded by Haugen, to adopt an Ordinance to repeal Ordinance No. 169. Ordinance adopted by roll call vote - 4 Ayes, 1 abstain (Stover) AMENDMENT TO DEVELOPMENT AGREEMENT AND RESOLUTION NO. 64-85 APPROVALS AND SIGNING OF MEMORANDUM - WATERFORD Gagne moved, seconded by Shaw, to approve the Amended Development Agreement and authorize signing of the Memorandum for the Waterford Project. Motion carried by roll call vote - 4 Ayes - 1 Nay (Stover) DRAFT GARBAGE ORDINANCE REVIEW - 1ST READING Council reviewed the 1st draft of the suggested a list of collector streets , Garbage Orginance. Rascop be made~~corporated ENGINEER'S REPORT AWARD SEALCOATING AND APPURTENANCE WORK PROJECT NO. 85-2 ~5 RESOLUTION NO. j4-85 Bid opening was held at 11:30 A.M. on August 8, 1985 to receive sealcoating bids for Project No. 85-2. Engineers Mogan and Norton, Administrator Vogt, and Assistant Public Works Director Stark were present. Vogt recommended removing St. Albans Bay Road and Excelsior Boulevard from the project to not exceed a total project cost . . REGULAR COUNCIL MEETING - 7 - AUGUST 12, 1985 ENGINEER'S REPORT AWARD SEALCOATING AND APPURTENANCE (CONTINUED) of $50,000.00 as budget allows. Gagne moved, seconded by Haugen, to award Alternate Bid, 1,2, & 4 to include the amended list of streets to Allied Black Top. Motion carried - 5 Ayes. CHANGE ORDER NO. 6 - PROJECT 84-5 Shaw moved, seconded by Gagne, to approve Change Order No.6 for Project 84-5 - Kenko Inc. for an extension of completion date to September 1, 1985. Motion carried - 5 Ayes. PAYMENT VOUCHER NO. 6 - PROJECT 84-5 Gagne moved, seconded by Haugen, to approve Payment Voucher No.6 in the amount of $46,610.40 to Kenko Inc. Motion carried- 5 Ayes. ADMINISTRATIVE REPORTS MURFIN PROPERTY ISSUE The issue of a water service line from Tonka Bay to City property through the Murfin Property has been brought to the City's attention. At this time, the City does not know if an easement has been acquired for that line. Staff will research this matter. Gagne questioned if an appraisal has been done on the property to date. No appraiser has been contracted, stated Vogt. Council directed Vogt to proceed with an appraisal. APPLICANT FOR WELL STUDY COMMITTEE An application from Meridth Watten for the Well Study Committee. Council directed a letter of thanks be sent for her interest and informing her of no vacancies at this time. -- - --- ::::: ::::::S will be he10:30 p.:-on SePtembe~~~85. WATER FEASIBILITY STUDY UPDATE RESOLuTI~;;O.~-85 Gagne moved, seconded by Stover, to direct the Engineer to do a feasibility update for water service for these quadrant of the City. Motion carried - 5 Ayes. . . REGULAR COUNCIL MEETING - 8 - AUGUST 12, 1985 LIQUOR STORES Liquor Commissioners will meet at 4:00 P.M. on August 21, 1985. MAYOR'S REPORT LMCD A public hearing will be held August 14, 1985 at Tonka Bay City Hall to hear comments on reducing boat dockage to 2 from 4. A change in the responsibility of water violations prosecution may revert to the LMCD Attorney with fines being returned to the City in which the violation occurred. COUNCIL REPORTS POLICE BUDGET A police meeting was held at Tonka Bay City Hall to set budget. These budgets will than be submitted to the City Administrator for review. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council Meeting of August 12, 1985 at 11:10 P.M. subject to approvals of claims for payment. Motion carried unanimously. General Fund - Acct. #00166-02 Checks 30855-30933=$144,845.68 Liquor Fund - Acct. #00174 " 3712- 3777=$ 71,888.94 Respectfully submitted, Sandra L. Kennelly City Clerk Mayor Rascop CHECK NO. 30855 30856 30857 30858 30859 30860 30861 30862 30863 30864 30865 30866 30867 30868 30869 30870 30871 30872 30873 30874 30875 " 30876 30877 30878 30879 30880 30881 30882 30883 30884 30885 30886 30887 30888 30889 30890 30891 30892 30893 30894 30895 30896 30897 " " " 30898 30899 30900 30901 30902 30903 30904 30905 GENJIIt FUND - BILLS PAID SINCE AUGU~2, 1985 TO WHOM PAID PURPOSE 2nd Qtr water purchase Utilities Membership dues Life Ins - Adm Postage for Newsletters Equip maint Office supplies Planning supplies Computer supplies VOID Fund 55 S.A. Bond Fund 60 Water Rev. Bond Planning supplies Planning supplies Road mix Playground Equip-Cathcart Bid Ad for seal coating Clean City Hall Fence repair materials VOID July General Legal fees Trivesco leg~l fees shop supplies Small tools B&R Shorewood Prisoners Copy machine purchase Services rendered Shop supplies Laundry service Equip maint Basement shelves-City Hall MCFOA Membership-Niccum/Kennelly Gasoline purchase Accounting services 1971 Deferred payment Road mix Equip maint Office supplies Road supplies Water/Sewer system maint Shop supplies/City Hall maint City garage/hall/park City-wide electricity General engineering Water ford Park survey Well Study info Corridor Study Asphalt on Cathcart Dr Film Tire repair Satellite services - 4 parks Equip maint 2nd Qtr water purchase-Garage Legal notice publication Chlorine- Water system City of Minnetonka Minnegasco Minnesota Mayors Assoc Old Republic Life Postmaster General MTI Distributing ACRO Albinsons AmeriData Systems American Nat'l Bank " " " Artsign Materials Artworks Associated Asphalt Brancel Canst. Chapin Publishing Mary Dalton Excel. Farm & Garden Froberg & P~nberthy, PA It " Hance Hardware Jim Hatch Sales Henn. Co. Gen. Acct. Key Leasing Labor Relations Assoc Lawson Products Leef Bras Long Lake Tractor Lyman Lumbar Fran Clark, MCFOA H.C. Mayer & Sons Matthias, Roebke & Maiser Metro Waste Control Comm. Midwest Asphalt Corp Midwest Farm Equip Mi ller /Davis Wm Mueller & Sons Munitech, Inc Navarre Hardware Northwestern Bell NSP Orr-Schelen-Mayeron " " " " " " " " " Plehal Blacktopping Photo Factory Redwing Mobile Satellite Ind. Tanka Auto & Body City of Tanka Bay Weekly News Inc Feed Rite Controls AMOUNT 592.63 30.54 10.00 102.80 161.80 21.33 215.36 23.50 63.52 -0- 20,806.00 10,364.00 85.40 13.39 3,534.32 2,891.50 63.92 38.50 56.95 -0- 3,727.00 792.00 14.11 195.69 658.25 223.30 130.00 28.69 198.19 85.00 189.80 30.00 367.65 1,433.00 6,485.00 157.47 108.22 9.15 1,284.64 3,684.55 130.96 361.59 1,221.74 1,888.50 850.47 31. 23 343.42 10,755.00 3.43 10.00 239.96 19.51 178.20 502.29 65.20 CHECK NO. 30906 30907 30908 30909 30910 30911 30912 30913 30914 30915 30916 30917 30918 30919 30920 30921 30922 30923 30924 30925 30926 30927 30928 30929 30930 30931 30932 30933 . . General Fund since Aug. 12, 1985 page two TO WHOM PAID PURPOSE Kenko Inc A.G. Electric Const. Paymt. Voucher No. 6 Repair service-garage/CH VOID Reimburse Cable Comm. expo VOID Workshop - Adm Plan Review - Our Saviors Mileage " Jan Haugen MPELRA Duane C. Grace & Assoc Evelyn Beck Brad Nielsen Evelyn Beck Charles Davis Dennis Johnson Sandra Kennelly Susan Niccum Brad Nielsen Dan Randall Patricia Ray Howard Stark Dan Vogt Ralph Wehle Don Zdrazil Minnetonka State Bank State Treasurer Minnetonka State Bank Commissioner of Revenue State Treasurer City-Co. Credit Union Metro Waste Control Comm. Salary " " " Fee for Letter of Credit-Mtka Aug 18 payroll - FICA " "" - FWH " " " SWH " "" - PERA Employee Credit Union deposit June & July '85 SAC Chgs Total AMOUNT 46,610.40 521.70 -0- 97.80 -0- 75.00 262.50 16.50 36.74 763.95 537.33 572.33 580.87 388.16 711.55 584.08 447.93 537.93 848.07 544.08 760.23 Water 500.00 1,469.68 1,317.00 636.00 859.93 10..00 9,677.25 144,845.68 CHECK NO. 3712 3713 3714 3715 3716 3717 3718 3719 3720 3721 3722 3723 3724 3725 3726 3727 3728 3729 3730 3731 3732 3733 3734 3735 3736 3737 3738 3739 3740 3741 3742 3743 3744 3745 3746 3747 3748 3749 3750 3751 3752 3753 3754 3755 3756 3757 3758 3759 3760 . . LIQUOR FUND - BILLS PAID SINCE AUGUST 12, 1985 PURPOSE TO WHOM PAID Russ Marron BellBoy Corp Minn. Bar Supply Eagle Wine Co Twin City Wine Co Johnson Bros Wholesale National Portaboard Prior Wine Griggs, Cooper & Co Ed Phillips & Sons North Star Ice G & K Services East Side Beverage Mark VII Distributing Jude Candy & Tobacco Thorpe Distributing Pepsi Cola Bottling Co Pogreba Distributing Day Distributing NSP Matthias, Roebke & Maiser Paustis & Sons Eagle Wine Co 3M Alarm Nelson Enterprises Butch's Bar Supply Tombstone Pizza Johnson Bros Intercontinental Packaging Quality Wine & Spirits Prior Wine Co Ed Phillips & Sons Griggs, Cooper & co East Side Beverage Royal Crown Beverage Mark VII Distributors Coca-Cola Bottling Old Dutch Foods BellBoy Corp Minn. Bar Supply Twin City Wine Intercontinental Packagine Johnson Bros Wholesale Ed Phillips & Sons Quality Wine & Spirits Griggs, Cooper & Co Rex Distributing Commissioner of Revenue Mileage Liquor Misc Wine Wine Wine VOID Sign for Store No. 1 Wine Liquor Wine Misc Rug cleaning Beer Beer Tobacco & Misc Beer Pop Beer Beer Service 6/24-8/5/85 2nd Qtr Statement Wine Wine Alarm service Shipping chgs Misc Misc Wine Wine Wine & liquor Wine Wine & iliquor Liquor Beer Pop Beer Pop Misc Liquor Misc Wine Wine Wine Wine Wine & liqour Liquor Beer July '85 Sales Tax AMOUNT 13.20 1,083.75 170.85 350.80 384.12 981.44 -0- 275.00 700.41 925.16 294.00 774.16 36.20 3,005.30 3,323.20 2,330.89 10,002.70 756.40 5,940.42 4,122.24 601.62 150.00 76.80 103.06 228.74 300. 19 155.G5 7.75 230.72 266.28 1,183.82 368.89 477.10 4,549.15 2,792.05 192.00 4,442.20 543.74 142.63 2,759.75 250.00 148.90 159.82 413.88 934.88 2,034.86 2,356.72 71.25 7,324.93 ANN4It FOOTBALL MEMORANDUM AGREtltNT THIS MEMORANDUM AGREEMENT, made and entered into this day of , 198__, by and between the Minnetonka Athletic Association, also known as MAA, hereinafter called "Athletic Associa- tion", and the City of Shorewood, a Minnesota Municipal Corporation, hereinafter called "City". 1. The City agrees to provide to the Athletic Association the exclusive use of the football facilities located at Badger Park for those dates and times specifically set forth in the schedule of dates and times which the Athletic Associa- tion agrees to file for approval with the City Administrator on or before 5 days following the execution of this agreement; dates so approved shall not be subject to change without prior approval of the City Administrator. Postponements may be made up on substitute. dat.es only after approval of such dates and times have been obtained from the City Administrator. 2. The Athletic Association shall be solely responsible for mark- ing and lining the field for use. It shall also be responsible for parking of spectator cars in designated areas and for proper crowd control; no cars or vehicles shall be permitted to park on grassy areas or ir. front of City garage doors. 3. The Athletic Association agrees, before any use of the foot- ball field, it shall file a copy of a liability insurance policy naming the City as insured in the amount of $100,000/300,000. Use of the City's facilities shall not be permitted until these policies are on file. 4. This agreement shall'be in existence for the balance of 19851 subject to its being revoked on 10 days notice. In case of-- excess vandalism, or lack of control of the spectators, or the Association violates any terms of this contract, the City shall be entitled to revoke-use of the field by the Athletic Association. The Association shall have an opportupitv to be heard before the City Counicl if they so desire during the 10 day notice period. 5. Any use of the facility other than that authorized herein shall result in an immediate forfeiture in further rights of the Athletic Association to use the same. CITY OF SHOREWOOD By By MINNETO~KA ~LETIC By rL ~b / By ~ ASSOCIATION (3CL. . . CITY OF SHOREWOOD PARK COMMISSION MEETING MONDAY, AUGUST 19, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 PM M I NUT E S REPORTS While waiting for a quorum, staff gave the following reports: Shorewood Oaks - Administrator Vogt talked to Shorewood Oaks Engineer Ray Brandt. Shorewood Oaks will begin grading as soon as the trees are out, hopefully a couple weeks. They will have approximately 25,000 yards of fill. Our City Engineer Jim Norton feels this is more than sufficient, Freeman Park may take as little as 1,000 yards. Ray Brandt, Jim Norton, and Administrator Vogt will be meeting to decide what to do about the remaining fill. Administrator thought Chairman Lindstrom may want to be present at the meeting. Administrator Vogt had mentioned to Ray Brandt that "the new park" needs fill. "Waterford" Park Fee - Both the City and Trivesco are working hard to complete all the transactions, they are both up-to-date but there are a few things to finish off. The attorney has to finish answering some questions and the bank is working on the City's letter of credit. The check is already made out and should be in within two weeks. Shady Hills Park A complaint was received from a resident because: 1. The park was not in the newsletter. 2. The newsletter showed plans of "new park" with a sketch of everything to be done, and nothing is proposed for "Shady Hills Park". She said she has a lot of history on the park. The pond used to'be plowed by "Schmitty", a City employee. He accessed through a neighbor's yard with permission. When he retired, permission was withdrawn. She also said that at one time they discussed putting in a ballfield but there wasn't room. She said there is room for tennis courts. Staff said the park has not been in the newsletter because there isn't access at this time and it was felt that neighborhood privacy might be invaded if the park was advertised. It was suggested that the resident provide the City with historical information for their park files, and that she talk to some of her neighbors and see what they think about the situation, then attend a meeting if they want to make a presentation to the Park Commission. Cathcart Rink - Public Works Director Zdrazil would like to know if a new rink is going to be built at Cathcart, and if the City crew is supposed to tear out the old rink. Manor Park Fence - Public Works Director Zdrazil has been on vacation for three weeks. Even if the estimates had been available, the City crew has been too busy to do the work. .5 . . PARK COMMISSION MINUTES MONDAY, AUGUST 19, 1985 page two Manor Park Fence (Continued) Chairman Lindstrom said he met with Public Works Director Zdrazil and they dis- cussed the fence. They went over to Manor Park and decided that there should be 100' of fence facing the ballfield and 60' of fence on the east side, they also decided they could use an additional 100' of fence on the west side. Using 6" X 6" posts every ten feet, and doing the front and east side (160'), they figure it would be about $120 for posts plus chain expense, and 2 men 2 days for manpower. Don did mention using cable. He also mentioned renting a posthole digger, or buying one for approximately $400. The one estimate received was $970 with contracted labor. Black dirt, fertilizer, and seed will be applied this fall. Commissioner Vogel arrived. CALL TO ORDER Chairman Lindstrom called the meeting to order at 7:17 PM. ROLL CALL Present: Chairman Lindstrom, Commissioners Jakel, Kooi, and Vogel; Council Liaison Gagne and Deputy Clerk Niccum. Absent: Commissioners Schmid (Vacation) and Carl (Business) APPROVAL OF MINUTES Kooi moved, Jakel seconded, to approve the Minutes of August 5 as written. Motion carried unanimously. NEW PARK COMMISSION MEMBER WELCOMED Chairman Lindstrom welcomed Mr. Vogel to his first meeting as a Commissioner. TONKA MEN'S - FREEMAN PARK Chairman Lindstrom gave the following report: On Thursday, August 8th, Chairman Lindstrom received a call from an excav- ation contractor that has placed a bid with Shorewood Oaks to remove fill. Chairman Lindstrom met him at Freeman Park on Friday, August 9th, and toured the site. He talked to the contractor this morning and he feels he will get the bid and what he has proposed to do is to come in from Shorewood Oaks behind the BMX Track and put in a culvert where the stream is located. He will use clay for the roadway and 2 new parking lots, both to be located off of the Eureka Road entrance. Most of the fill will be black dirt, which he plans to spread in the field area and grade within 2", any grade finer than that he would ask to be paid for. . . PARK COMMISSION MINUTES MONDAY, AUGUST 19, 1985 page three TONKA MEN'S CLUB - FREEMAN PARK (Continued) Chairman Liridstrom talked t~ Public Works Director Zdrazil, who said that he had a large pile of blacktop hunks stored in Freeman Park. He thought that it might be possible to use the City equipment to put the blacktop in as a base for the proposed road. City Engineer Norton said that the blacktop would have to be in pieces 6" in size or smaller, otherwise it would cause problems. Chairman Lindstrom talked to both Engineer Norton and Planner Nielsen earlier this evening. The contractor suggested digging out the black dirt, and filling the road base with clay, hopefully he will do this, otherwise Mr. Zdrazil said the City could do it. The clay would provide a solid base, and pack down with the heavy equip- ment running over it. The City could then top it with red rock. Council Liaison Gagne showed some concern over using the blacktop, wondering if it could cause frost heaves or problems with the road three or four years down the line. The Engineer discussed a french drain and estimated a cost of approximately $160,000. The Park Commission does not have the funds to do a road like this at this time. They feel that with the guidance of the City Engineer, Planner, and Administrator, they should be able to work something out. On Thursday night, several Athletic Associations met to discuss the above. They were all in agreement with the plan to convert the Babe Ruth field into a Little League field and build a new Babe Ruth field. Vo Tec would like to start working on the two fields as of October 1st, 1985. The Babe Ruth Association will look for volunteers to build block dugouts and to lay sod. The Athletic Associations felt that the sod should be laid by October 15th, to make the field playable for next year. Chairman Lindstrom suggested cutting the tall grass, filling the holes, and grading, then seeding the entire field this fall, leaving clay infields where ballfield mix can be dumped at a later date. The City Engineer said 25,000 cubic yards is probably about 20 times as much fill as is needed. Chairman Lindstrom suggested building berms with the excess fill. They would minimize the noise and provide natural amphitheatres, using the banks for better viewing and providing natural seating, avoiding the need for bleachers. . . PARK COMMISSSION MINUTES MONDAY, AUGUST 19, 1985 page four TONKA MEN'S CLUB - (Continued) Both Engineer Norton and Planner Nielsen felt berms would change the Park Plan and could cause drainage problems. The Engineer would like to have a recommendation from the Park Commission. He suggested that Chairman Lindstrom talk to Administrator Vogt tomorrow, that a presentation be made to the Council on Monday, August 26th, and that a special meeting be set up by the Park Commission. A special meeting has been set for Wednesday, August 28th, at 7:00 PM. Kooi moved, Jakel seconded, to recommend to Council that the City Administrator, City Engineer and City Planner be asked to work on the following items: The culvert, building the road, and parking areas and possibly creating a new grading plan, the work on these four items to be done by the contractor, all athletic fields, the berming, staking out the fields, and a cost estimate on the gravel. Motion carried unanimously. The Park Commission feels that this is a wonderful opportunity to develop Freeman Park by getting as much done as possible with as little expense as possible. The idea of stockpiling dirt was mentioned, to either be used by the City at a later date, or even possibly sold. The contractor did mention the fact that at some later date he may have work in the area of the new park, and could then take some fill to that location. Chairman Lindstrom mentioned that a lot of soccer fields are now being built with an east and west field crossing a north and south field as so +, due to the fact that most of the play takes place in the end zones and it gives the ends a chance to "rest" if play is alternated back and forth. Commissioner Vogel mentioned the fact that berms take up a lot of room, a 3' high berm requiring 10' in width. SEPTEMBER LIAISON Martey Jakel - September 9 Mari Kooi - September 23 BUDGET Commissioner Kooi turned in her budget figures, the rest of the Park Commision is requested to turn their budgets in at the next meeting. MANOR PARK - SPRING PLATFORM Staff was requested to contact Brancel Construction about the broken spring on the jumping platform. . . PLANNING COMMISSION MINUTES MONDAY, AUGUST 19, 1985 page five MATTERS FROM THE FLOOR Commissioner Jakel said the metal in the snowmobile track will dull skate blades and could cause someone to trip. Commission requested it be taken up and carpet- ing be put down instead. REPORTS CONTINUED Cathcart trees - Administrator Vogt mentioned that the trees in Cathcart could be thinned out and placed elsewhere, that they are beautiful trees and should be moved before they get too big. Chairman Lindstrom will talk to someone about using a tree spade and moving them on a "move one, get one" basis. Putting parking area on north edge of park - the Park Commission's request is to take out the "NO PARKING" signs and allow parking in that area. The poles to be used are behind the tennis court. Council Liaison Gagne reported: Ms. Pat Mason of 4925 Sussex Place in Amesbury has been appointed as the new Planning Commissioner. Garbage collection in the City was discussed, with the decision at this time not to start City collecting but to try to limit the size of the trucks on City roads. COUNCIL AGENDA Staff was requested to ask that Freeman Park be placed on the August 26 Council Agenda. ADJOURNMENT Jakel moved, Vogel seconded, to adjourn at 8:45 PM. RESPECTFULLY SUBMITTED, Sue Niccum Deputy Clerk ~TING OF ATHLETIC ORGANIZATION~ FREEMAN PARK 8/15/85 ATTENDANCE See attached list. RECORD OF MEETING SUBMITTED BY GARY CARL An explanation was made by Carl as to what has taken place to date regarding the building of a new Little League field. It was explained that the proposal stands now to convert the existing Babe Ruth field to a Little League field and build a new Babe Ruth field in the Northeast location of the new development area at Free- man Park. All Organizations were in agreement with the plan. All Organizations felt they could contribute something to the effort. Active Phases: 1. Shorewood Oaks must get underway 2. Shorewood Oaks must put fill in northeast area of the park. 3. Tonka Men's Club must corne up with the $10,000 and an agreement with Henn- epin County Vo Tec to build the fields. 4. The City must agree to cover cost in excess of the $10,000 (up to $6500). 5. Access (Road) to the area must be developed. 6. All Organizations must contrtbute to keep costs at a reasonable level. All Organizations were asked to go back to their groups, present the plan, and establish what their organization is willing to contrubute towards the project. Carl will keep track of the status of Shorewood Oaks and find out when and if the fill will be available. Miscellaneous: 1. Sod must be laid no later than middle of October - to make field playable next year. 2. Field must be playable by May 1 next year. 3. A much better understanding as to the City's position on Athletic Organi- zations was established. 4. They now know who to contact if there is a problem, misunderstanding on a need. 5. An explanation of the contracts and insurance was made and understood. 6. Babe Ruth was under the understanding that they were paying $400 a year to use the field. . . Name LAST NAME ORGANIZATION WORK PHONE HOME PHONE FIRST vi:~:~~~=;1==11~=====~~~~:====~~~~~:~~~::~~7~l7~=~~~:~~~===========:~:=~:i~=' vearl Gary Shorewood Park Commission 474-6155 George Lenny Tonka Mens Club 935-7064 474-6792 Jones Jim Mtka Community Services 474-5401 Klomps Terry South Tonka Little League 474-8881 Klomps Terry Tonka Mens Club 474-8881 v Laberee . Mark \LanDeCon 474-5682 Laberee Mark ~South Tonka Little League 474-5682 "Lindstrom Gordy (-Excelsior Slow Pitch SBL yLindstrom Gordy [Shorewood Park Commission Mattson Bob South Tonka Little League l McKenz i e - //?AILG - Scott East Tonka Babe Ruth McKenzie Judy East Tonka Babe Ruth v;~~~:~ ~~~~ ~~~~: ~~~~ac~~~tle League Studer Tony South Tonka Little League ,.,. Wa 1 ker Dav i d South Tonka L i tt 1 e League , v Za 1 ac /J.r::.j. ,~. Tom South Tonka L i tt 1 e League 941-0696 Organization 474-5519 474-5519 474-2260 474-2260 474-3655 474-3655 474-2338 473-0818 473-08]8 474-8288 474-8288 474-8288 474-8871 474-0075 LAST NAME ORGANIZATION WORI< PHONE HOME PHONI FIRST ;::================f============================================================: i- McKenz i e IM"- Scott East Tonka Babe Ruth 473-0818 McKenzie Judy East Tonka Babe Ruth 473-0818 Lindstrom Gordy Excelsior Slow Pitch SBL 474-3655 l/ Laberee Mark LanDeCon 474-5682 474-2260 Jones Jim Mtka Community Services 474-5401 ... Carl Gary Shorewood Park Commission 474-6155 II Lindstrom Gordy Shorewood Park Commission 474-3655 Benson Bruce Shorewood Planning Commision 474-6432 Benson Bruce South Tonka Little League 474-6432 Klomps Terry South Tonka Little League 474-8881 474-5519 Laberee Mark South Tonka Little League 474-5682 474-2260 " Matt son Bob South Tonka Little League 474-2338 Studer Tony South Tonka Little League 474-8288 Walker David South Tonka Little League 941-0696 474-8871 Zalac Tom South Tonka Little League 474-0075 George Lenny Tonka Mens Club 935-7064 474-6792 Klomps Terry Tonka Mens Club 474-8881 474-5519 Studer Tony Tonka Mens Club 474-8288 , ~ CITY OF SHOREWOOD PARK COMMISSION MEETING MONDAY, JULY 15, 1985 . 4116UNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 PM M I NUT E S CALL TO ORDER Chairman Lindstrom called the meeting to order at 7:05 PM. ROLL CALL Present: Chairman Lindstrom, Commissioners Schmid, Carl, Butterfield, Jakel and Kooi; Council Liaison Gagne; and Deputy Clerk Niccum Absent: Commissioner Hemping (medical leave) APPROVAL OF MINUTES Jakel moved, Kooi seconded, to approve the minutes of July 1, 1985, as written. Motion carried unanimously. COMMISSIONERS NEEDED Commission discussed the fact that Commissioner Butterfield has resigned as of the first of August, 1985. Staff mentioned she had written a letter to Mr. Vogel, ask- ing him to reply if he is interested in the position. The Commission also suggested that Mrs. Gordon Christensen be contacted as she had previously expressed an interest in becoming a Park Commissioner. TONKA MEN'S CLUB - LITTLE LEAGUE FIELD/FREEMAN PARK Terry Klomps and Lanny George were present to state that they have sold their property and wanted to know if Shorewood is still interested in building another Little League Field. They are interested in helping the City and providing another field for the Little League players. They are in contact with a teacher at Hennepin County Vo Tech that is willing to use the building of the field as a project for his students. This would include grading, sod, fence, and graveling. It would be done by this group for the cost of supplies only. The one thing that has to be taken into consideration is that the only free time he has to do the project is either August or late October, and would prefer August. Mr. Klomps and Mr. George had appeared before the Commission approximately a year ago. At that time the issue discussed was making the BMX Track into a Second Little League Field or making the Babe Ruth Field into a second Little League Field and rebuilding the Babe Ruth Field. At that time they felt that they did not have the funds available to replace the Babe Ruth Field. These two possibilities were again discussed. Some of the Commissioners felt that they wished to retain the BMX Track to provide a little diversity in the Park. It was also felt that with the base that is under the BMX Track it could turn out to be an expensive grading procedure. oil . . PARK COMMISSION MEETING MONDAY, JULY 15, 1985 page two Conunission again suggested that it might be possible to make the existing Babe Ruth Field into a Little League Field and build a new Babe Ruth Field. Terry Klomps said no, that it would be too expensive. Commission discussed the fact that at the meeting of July 1, 1985, Shorewood Oaks had appeared before the Conunission to discuss the drainage pond in Freeman Park. At the time Shorewood Oaks had a concern about the fill they would be removing from the ponding area and wondered if the City knew where they could dump it. The Park Conunission had discussed with them the possibility of using the fill in the northeast corner of the park. This would benefit Shorewood Oaks, financially and having the convenience of only driving across the park; it would also benefit the City by having the fill provided where needed to fill in an area proposed for a future ballfield. Conunission wondered if Shorewood Oaks could speed up their schedule in return for the benefits derived from doing so. Conunissioner Carl proposed to the Tonka Men's Club that they take a map of Freeman Park to the teacher and ask him to work out how much more it would involve to redo the Babe Ruth Field as a Little League Field and build a Babe Ruth Field in the northeast corner of the park or, if that proposition could not be worked out; to build a Babe Ruth Field where the most southern softball field appears on the park plan. Terry Klomps asked how much grading would be involved on the most southern field and was told not much, it is relatively flat at this time. Mr. Klomps agreed to present the proposal to the teacher, and report back to the Conunission. Conunissioner Schmid will take Mr. Klomps and whoever else wishes to go over the Free- man Park property. Conunission discussed the expense with Mr. Klomps, who said that the Tonka Men's Club is not prepared to spend over $10,000. Conunission felt that if the amount is not too much over $10,000, they would be willing to,pay some of the expense over that amount. Kooi moved, Jakel seconded, to recommend to Council to spend up to a maximum of $6,500 to build a Babe Ruth Field in connection with the Tonka Men's Club, providing this money does nOt interfere with the projects already agreed to in the Park Conunis- sion minutes of July 1,1985. Motion carried unanimously. Conunission and the Tonka Men's Club both felt it would be a definate advantage to have two Little League Fields next to each other. This would also leave more room for the road and landscaping. The main issue that the Park Conunission felt should be important is that the field should be playable with the year so the playing season is not interrupted. DISTRIBUTION OF DUTIES The Park Conunission has been discussing delegating certain parks, staff members, sports, and various issues to individual Conunissioners so they would keep track of things and be able to follow them through. I . . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTR.ATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 30 JULY 1985 RE: AHERN, ROY - CONDITIONAL USE PERMIT AND SETBACK VARIANCE FILE NO. 405 (85.25) BACKGROUND Mr. Roy Ahern has requested a building permit to construct a single-family dwelling on property located at 5540 Shore Road (see Site Location map - Exhibit A, attached). The property in question (Lot 11) is currently zoned R-1C, Single-Family Residential, which requires lots to be 20,000 square feet in area. Since the lot contains approximately 15,670 square feet in area, it is considered substandard and therefore requires a conditional use permit prior to issuance of a building permit. Mr. Ahern has also requested a 10 foot variance from the 75 foot lakeshore setback on Christmas Lake. The C.U.P. and variance request is complicated considerably by legal questions pertaining to easements which were granted to all property owners within the Radisson Inn Addition. According to Mr. William Hittler, an attornery for the residents who hold the easements, the easements were created when the property was platted in 1940 to provide lake access to property owners within the Rad- isson Inn Addition. The owner of Lot 11 believes the lot is buildable as long as easement holders are not denied access to the lake. Those having easements over the lot feel that the lot is unbuildable due to the existence of the ease- ments. Based upon discussions with area landowners, there is a significant amount of history relative to the ownership and use of Lot 11. This will undoubtedly come out at the public hearing scheduled for 6 August. In the mean time, additional background is provided in following attached Exhibits: Exhibit A - Site Location map Exhibit B - Proposed Site Plan A Residential Community on Lake Minnetonka's South Shore G . PLANNER'S REPORT - ROY AHERN C.U.P./SETBACK VARIANCE . Exhibit C - Proposed Building Elevations Exhibit D - Legal Opinion: Previous Owner's Attorney, dated 11 July 1977 Exhibit E - Watershed district Setback Variance, dated 23 April 1985 (Includes previous survey) Exhibit F - Letter from David Walker, dated 1 June 1985 Exhibit G - Legal Opinion: City Attorney, dated 4 June 1985 Exhibit H - Letter from William Hittler, dated 10 June 1985 Exhibit I - Letter from William Hittler, dated 17 June 1985 ISSUES AND ANALYSIS Given the varying legal opiniops rendered thus far, it appears likely that the easement issue may have to be resolved by the courts. Ideally, from the City's standpoint this would occur prior to the City having to make a determination on the C.U.P. and variance request. Unfortunately, no legal action is expected to be taken until it has been determined whether or not the City will approve or deny the request. While the legal questions may tend to cloud the City's evaluation of the request, it is important to remember that the City Attorney's opinion (Exhibit G) states that the issue is a private matter between the lot owner and the easement holders. He goes on to say that the easements in and of themselves do not make the lot unbuildable. Based upon his advice the City should concentrate its review on the C.U.P. and variance. Variance. One of the requirements for a conditional use permit to build on a substandard lot is that the proposed building must comply with setback re- quirements of the zoning district in which it is located. For this reason the setback variance should be addressed prior to the C.U.P. In addition to the requirements of the R-1C District, Lot 11 is subject to the requirements of the S, Shore land District (see Section 200.26 of the Shorewood Zoning Ordinance). With the exception of the 75 foot lakeshore setback (65 feet is proposed) the proposed building complies with all setback require- ments of the S District, including the doubled side yard requirement. There are two factors which suggest that a variance may be justified. First, as can be seen on Exhibit B, the homes on the two abutting lakeshore lots do not meet the 75 foot requirement. The house to the west is approximately 69 feet from the lake and the one to the east is approximately 57 feet from the lake. The first footnote in Section 200.26 Subd. 5 a. states "...Where development exists on both sides of a proposed building site, building set- backs may be altered to more closely conform to adjacent building setbacks." If the City required the proposed building to be located at the average set- back of the two adjacent buildings it could be located 63 feet from the lake- shore. -2- . PLANNER'S REPORT - ROY AHERN C.U.P./SETBACK VARIANCE . The second factor pertains to a recent variance granted to the owner of the house to the east of Lot 11. As you recall the City granted a variance allowing B reduced setback for a garage to be built on the north side of that house. If a similar front yard setback were allowed for Lot 11, it would eas- ily comply with the 75 foot setback requirement. In addition to these factors the Planning Commission and City Council should review Section 200.25 and Section 200.26 Subd. 9 in making a determination on the varinace request. Conditional Use Permit. The criteria for allowing a building permit on a substandard lot are contained in Section 200.03 Subd. 2 c. (3) and reiterated in Section 200.26 Subd. 5 b. Following is how the Lot 11 proposal relates to the provisions of the Ordinance: a. The lot is in separate ownership from adjoining lots. b. The lot exceeds the minimum lot width requirement by 10 feet. The area of the lot is 78.4 percent of the 20)000 square foot requirement. c. See previous section of this report relative to setbacks. d. The ratio of the proposed structure to lot area is nine percent. The City should also review the provisions of Section 200.04 relative to conditional use permits. RECOMMENDATION It may be difficult to ignore the legal aspects of the easements on Lot 11, however, based upon the advice of the City Attorney, the City should concen- trate its review on the conditonal use permit and variance request. If the variance and C.U.P. are considered justified, the following conditions should be imposed: 1. Existing site vegetation should be shown on the site plan. Only selective cutting of trees and underbrush will be allowed. Prior to removal of any existing vegetation it should be marked and inspected to ensure compli- ance with the Ordinance. 2. The grading plan should be subject to review and approval of the City Engineer. The grading plan must be modified so that no grading occurs within 20 feet of the normal high water mark. -3- ~ ~ .... - 'Ji "0- \t t\,I V :.~.;.. B1rJ i .~ ;~.~ I~ -\ ~ ."".-- /. N ~ . --- --.- H'P9S I I', - '. ", 'Q r::':-:-_-' ~ tl r ---",.,: 0 II '.."" ~ ", ....", t. (,-. ',_J ~ _ ::!' (% 8:J..vll .......... <:> .:=. ' ~ .~~ l'SQ? .~~ ." N ,/ . > c - I I J , I I j j J ..- '- .~ --- ';;) ~ \ ~n'l '''--~~JOfl-;Ll''''''''- - .......1.... 1'V~.1~"" .,.. ~ Exhibit A SITE LOCATION Ahern - C.O.P. and setback variance . . Certificateof Survey for Roy E. Ahern of Lot II, RADISSON INN ADDITION Hennepin County, Minnesota J ~I ... r o 0'1 \ ~ ,~ I \~ .: to-:;: j {.:.. 15,t..10 t SII.l1: ,/,r+. " \o,?,q ~b~O {IJ"'. I ..\l y.fI t... ,I(i' d~ ,,0, J I'" v q"J\ ~~ .,10" (lj-1o" fJlJ " r \ " I hereby certify that this is a true and correct representation of a survey of the boun.daries of Lot II, RADISSON INN ADDITION, according to the recorded plat thereof on file or of record in the office of the County Recorder in and for Hennepin County. Minnesota, the location of all buildings, if any, thereon, and of the proposed location of a proposed bui lding. It does not pur- port to show any other improvements or encroachments. Scale: 1 inch = 20 feet Date: Apr// 2J 1985(1oPOjadd~7-15-B5~ o : I ro n mar k e r Datum: Mean sea level 1h~d contours -100-- E~/sh.n9 confour$ -- ,~, - - -Plon~ ~how" are proposed COFFIN & GRONBERG, INC. ,?/~.L ~~ Mark S. Gronberg Reg. No. 12755 Go rdo n R. Coff I n Reg. No. 6064 Engineers and Land Surveyors Long Lake, Minnesota Exhibit B PROPOSED SITE PLAN '."~ .~:. 4\': I i.n ..: '-..' ,..- 51 ",-& f i'i:.-' . ~ "'-,- Lt ", io- I r. -: .. ~. . J ,I { (\ . .i II r . ~ t t 41 'f' - I n r Lj. .' L-- .: 1 '~ \) , y ,~ .~ a: L.l ~it .1 ~ !cL J ~ " , , ...rt , ...." ~, ~t ~ l \ ( , y ~ - ~.;- ---~... /, ~ \ ~> I', III \ . ~1 ..,..' ~ _n .i.. -T /' ,) --....\. .J \ ,. '"1 --"\:: J'. f ..{ Exhibit C PROPOSED BUILDING ELEVATIONS -'.-".~.'~' ~' ~'J;r- .' '~ . ._.~.J. _: ....;~.. , . . I MACKALL. CROUNSE & MOORE . LAW OPf"CES .600 ,.r".T HA.i..HAL ."NK aUILO'NG MINN'IlA~DL.I.. MINNESDTA SS4D2 0" CD"...r. Ml"." C. ..,......L ...D.... ~. _f ~"l. .- 111111-1:11.. ....... coo. .,a r.coce.c. ". .t,"Ca"I.O ....t~I.'OJ _I...y .. _DOe. ..,..,.... OllN"~D", ..b~"l' 'I.De",7" . .oat.' ....e.a"..ic"..'....,.) July 11, 1977 .... , I ~ay.. '0 Mr. Hayes: We have reviewed the easement over Lot 11, Radisson Inn aAtition which reads as follows: . permanent,.aa~nt over and upo~.aid Lot for -~. benefit of all of the ovnere;their heir. and a.eaign8, 'of t:he Lot~ of .ald ltadisson Inn Addi tioD for the Purpolie of ingress <<nd .gressto the .' bathing l>each '.ajorninq sara~t 11, 'ltadisaon-:'Xnn Addition. ~ ,.. , . ~ - ' " '~~.~'~. . .'.It is our understanding that at the time of the creation . "\hi. ea.ement the Lot was used as an access to a bathing beach, . ~'tha~ boa~e wu. e~o,...s and docked by the Radisson Inn ,on o~her ;' ~a. In light of thi. ~tuation, it is ap~arent that the ease- , -.K i. limited.to the p~oses intended, i.e. ,for bathing purposes . aaly. The case of Farnes T. Lane (281 Minn. 222) has decided 'that owners of an easement do not have riparian rights, as owners ~ lake ahore property, but that they are limited to the rights ~ by the eas.ment. In the case of Minnea~lis Athletic Club . ler (287 Ninn~' 254 .at 258) the Court state : ~ " -It is well ..ttled that the extent or an easement should not be enlarged by legal ~onstruction beyond the object originally contemplated or expressly agreed upon by the parties.- .. . .... ... , .. . , .1 :J . .' We call your attention the the fact that the only persons ~~ed to use the easement are the owners of Lots in Radisson Inn ...titlon .' . . \ " Exhibit D-1 LEGAL OPINION - PREVIOUS OWNER'S ATTORNEY Dated 11 July 1977 0#" ,.',1,1':'" ~.- _.. _l.....! ""_ . ..' MA'CKALL. C:"DUN5E 6& MOORE · Oera~d Bares 11, 1977 . !Yo ~; i ;_.1 ~ ...... I . . 'fiG I . '~~l . ::..1 ~~r" . '. Lot 11 18 re'liaterecl land. As such, no ri~hts are- tl~ .tea in per.ona who uae the land adversely for o~er purposes . ,y" ~ . . specifically granted to them, no matter for what period of .'. such adverse use is made. {K.S.A. 5508.02) .. . ' , . . 'l; Therefore, based.upon the above, it is our opinion that . . ~l' .'. easement referred to above is limited to access to the lake 'rJr';, . t bathing purpo .... only, which doe~ not include , storage o~ bo~ts , . I . any otherequlp8ent and does not J.nclude the rJ.ght to mal.ntal.n . -.~ .~ on the shore line, of Lot 11. . . i \.~ ..7" ... . MAC:~,t::~::U:S:OORE' {.L~ By . F. L. Thorson l'L'l': dd . . . . '. .. . .:, . ". Exhibit D-2 :p. ~ ~. '. .,. - . ... .r.- t: P: .. +. ... .' . p " .~ ~;. f. l. ~ I. ~ ~ L r 1 . ~ .;f1J.... . ~~ ... 'f- , , . .. ~~ ." ".,", ~f . ~ED O,c., . . WA1[~~H[O 'OUHOA~Y / MINNEHAHA CREEK WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 BOARD DF MANAGERS: David H. Cochran, Pres. . Albert L Lehman. John E. Thomas Michael R. Carroll. Camille D. Andre. James B. McWethy. James R. Spensley Permit Application No: 85-35 Date: April 23. 1985 Applicant/Owner: Roy Ahern 6449 Barrie Road Minneapolis. MN 55435 Location: City of Snorewood. Sec. 36BBD. Christmas Lake Purpose: 50 foot lake setback variance Dear Mr. Ahern: At the regularly scheduled April 18. 1985 meeting of the Board of Managers. the subject permit application was reviewed along with the following exnibits: 1. Permit Application 85-35. 2. Site survey showing a 50' setback from the closest point of a building pad to the water level on April 2. 1985. Survey prepared by M. Gronberg. P.E.. dated April 2. 1985. The Board approved the permit application as submitted. This document is your permit from the Minnehaha Creek Watershed District. It is valid for one (1) year. If construction is not complete within one (1) year. an extension is required. Please contact the District at 473-4224 when this project is about to commence so an inspector may view the work in progress. EUGENE A. HICKOK AND ASSOCIATES Engineers for the Dis~ri~ ~('Lv/ tJ /-;;~/0 Michael A. Panzer. P.E. ~ of j;8/f3~ Date of Issue I cc: Board G. Macomber Adri an Johnson ~:/Nielsen. Shorewood bt Exhibit E-l WATERSHED DISTRICT VARIANCE . e Certificate of Survey for Tingewood Construction, Inc. of Lot 11, Radisson Inn Addition N ',:; r" .. -, , .' ,-. ....ii;..r;... ~ .-) :...1 E~i!o'il'\~ \-\o"'~e.. I hereby certify that this is a true and correct representation of a survey of the boundaries of Lot 11, Radisson Inn Addition, according to the recorded plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, and of the location of all buildings, if any, thereon. It does not purport to show any other improvements or encroachments. COFFIN & GRONBERG, INC. /;'/ ~/ A ~h. '/ ".:.. /' . . '-/..4. .... .. /.,-;.(~P<;" r s: Gronberg Reg. Na: 1275-S-- Gordon R. Coffin Reg. No. 6064 Engineers and Land Surveyors Long Lake, Minnesota Phone 473-4141 Scale: Date o 1 inch = 40 feet April 2, 1985.1 y~/., -85 iron marker /'OkU r~IJ~11 (f/J~1- . /S,()70 :# Exhibit E-2 . . 6 1 June, 1984) 20485 Radis~n Shorewood, MN Inn Road 55331 Mr-. Brad Nielson Shorewood Building Inspector Shorewood City OFFices Country Club Road Shorewood, MN 55331 Dear Mr. Nielson, It has come to my attention.that a request For a building permit on Lot 11 Radisson Inn Addition has recently been ma<je . As one of many property owners with an ownership interest by easement across the whole of that lot who has enjoyed its Free and unrestricted use For almost 40 years, I wish to make objection to the authorizing of a building permit of any kind, to anyone, For any purpose, without my written consent. Having communicated this same message to the Council, I trust you wil I not respond to the applicants request beFore the city has had opportunity to give this matter a thorough review. v~r:ours. Dav i d Wa I ket. Exhibit F LETTER FROM DAVID WALKER Dated 1 June 1985 . . GLENN FROBERG ATTORNEY AT LAW 17736 EXCELSIOR BOULEVARD MINNETONKA, MINNESOTA 55345 TELEPHONE (612) 474-2100 To: From: Brad Nielsen, Planner Paul B. Ahern, FROBERG AND PENBERTHY, P.A. Re: Lot 11, Radisson Inn Addition, Christmas Lake Date: 4 June 1985 This concerns the proposed development of Lot 11 of the Radisson Inn Addition on Christmas Lake. Presently, the lot is subject to an easement over and upon said lot, existing in favor of all of the lot owners in the Radisson Inn Addition for the purpose of ingress and egress to the bathing beach adjoining the said lot. Lot 11 is also a substandard lot of record because of inadequacies concerning the width and depth of the lot. The sole issue for the City of Shorewood is whether or not a building permit, for the construction of a dwelling, should be issued. First, because this is a substandard lot in a shore land district, a conditional use permit is required, and the applicant must show under Shorewood Zoning Ordinance S 200.24 Subd. 5(b) that: 1. The lot meets all standards of the applicable zoning use district. 2. The lot is in separate ownership from abutting lands. 3. Except for lot area, all other sanitary and dimensional requirements of the shore lan~ district are complied with insofar as practical (70% with and set back requirements). A "shore'land impact plan" must also be filed and approved, see S 200.24 Subd. 6. The problem with the easement in this case is a private matter -\' between the owner of Lot 11 and the residents of the Radisson Inn Exhibit G-l LEGAL OPINION - CITY ATTORNEY ~~... . . Addition. The City of Shorewood should only be concerned with whether it can issue a conditional use permit under its zoning ordinance. Nevertheless, my research on the issue indicates that a dwelling could legally be built upon Lot 11, as long as the dwelling does not obstruct access to the bathing beach adjoining Lot 11. Also, the dwelling must not limit the use of the beach as a bathing beach, or for the uses intended when the easement was granted. See, Chabot v. Paradise, 272 N.W. 2d 251 (Minn, 1978); Minneapolis Athletic Club v. Cohler, 287 Minn 254, 177 N.W. 2d 786 (1970); Bartlett v. Stalker Lake Sportmen's Club, 283 Minn 393, 168 N.W. 2d 356 (1969); and Farnes v. Lane, 281 Minn 223, 161 N.W.2d 297 (1968). Exhibit G-2 . . WINTHROP, WEINSTINE & SEXTON ATTORNEYS AND COUNSELLORS AT LAW SHERMAN WINTHROP ROBERTR. WEINSTINE THOMAS ..J. SEXTON RICHARD A. HOEL ROGER D. GORDON STEVEN C. TOUREK HART KULLER DAVID P. PEARSON THOMAS M. H....RT Dl DARRON.C. KNUTSON WENDY WILLSON LEGGE MARK ..J. BRIOL SANDRA.,) M....RTIN MICHELE D. VAILLANCOURT ..JON ..J. HOGANSON PEGGY A. NELSON DAVID E. MOR....N, JR. DONALD J. BROWN ..JAY R. NAFTZGER SCOTT ..J. DONGOSKE WILLIAM D. HITTLER ROBERT S. SOSKIN ..JEFFREY W. COOK leoo CONWEO TOWER TELEPHONE (612) 292-8110 444 CEOAR STREET TELECOPY (612) 292"934' SAINT PAUL, MINNESOTA 55101 July 10, 1985 Mr. Brad Nielsen, Planner City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Lot 11, Radisson Inn Addition, Christmas Lake Dear Mr. Nielsen: It was a pleasure speaking with you over the telephone on Tuesday, July 9. Thank you for providing me with information concerning the requirements necessary for an applicant to fulfill in order for that person to make application for a building permit on Lot 11. It is my understanding that in order for an applicant to proceed, the applicant must obtain a conditional use permit because of the substandard size of the lot and a variance for a setback from the lake. I would appreciate your informing me as to the subsequent course of action to be taken by an applicant upon receipt of both the conditional use permit and the variance. Does the matter then go before the city counsel as part of the formal request for a building permit? Is the counsel bound by the granting of a conditional use permit and a variance to grant the butldlng permit'? May the counsel deny the building permit? If so, upon what grounds may it deny such a request? I am available to speak with you or meet with you at your convenience to discuss these matters. In the meantime, I shall speak with members of the Homeowners Association about my providing you with a copy of a letter I prepared concerning the effect of the easement granted in favor of the Homeowners Association over Lot 11 and the enforceability of that easement. Also, would you please provide me with a copy of two items referred to in your memorandum to the mayor and city counsel of June 21, 1985, the Watershed District variance to allow 50 foot lakeshore setback dated April 23, 1985 and the legal opinion from Mackall, Crounse and Moore, dated July 11, 1977. Exhibit H-1 LETTER FROM WILLIAM HITTLER Dated 10 June 1985 . . WINTHROP, WEINSTINE & SEXTON ATTORNEYS AND COUNSEL.L.ORS AT L.AW SHER.....N WINTHROP ROBERT R. WEINSTINE THO.....S J. SEXTON RICH"'RD .... HOEL ROGER D. GORDON STEVEN C. TOUREK H"'RT KULLER D...vID P. PE"'RSON THOMAS .... HART m DARRON C. KNUTSON WENDY WILLSON LEGGE MARK .J. BRIOL SANDRA.J MARTIN MICHELE D. VAILLANCOURT JON J. HOG"'NSON PEGGV .... NELSON DAVID E. MOAAN,.JR. DONALD .J. BROWN J"'V R. N"'''TZGER SCOTT J. DONGOSKE WILLIAM D. HITTLE" ROBERT S. SOSKIN .JEFFREY W~ COOK IBOO CONWED TOWER TELEPHONE (612) 292 -8110 444 CEDAR STREET TE LECOPY (612) 292 -9347 SAINT PAUL, MINNESOTA 55101 July 17, 1985 Mr. Brad Nielsen, Planner City of Shorewood 5755 Country Club Road Shorewood, MN 55331 ' Re: Lot 11, Radisson Inn Addition, Christmas Lake Dear Mr. Nielsen: As you know, I have been retained by the Radisson Inn Addition Association for the purpose of opposing issuance of a building permit for Lot 11, the Radisson Inn Addition. As I indicated to you over the telephone, I have a copy of the memorandum of June 4, 1985 regarding Lot 11 from Paul B. Ahern of the law firm of Froberg and Penberthy, P.A. addressed to you. I also indicated to you that I would consult with members of the homeowners association on the propriety of providing you with a letter I sent to them concerning the effect and enforceability of the easement over that property held by the homeowners. In the interests of brevity, I will summarize the letter and offer my comments on Mr. Ahern's memorandum of June 4. First, I believe that the homeowners are manifestly dedicated to preserving and protecting their property rights with regard to Lot 11. I was retained by the homeowners to assist them in asserting their rights following their discovery of an attempt by either the owner of Lot 11 or a developer/builder to apply to the City Council for a building permit. Second, as you may already know, Lot 11 was one of the original parcels of property formed in 1940 when Mr. Samuel Cohen divided his property and formed the Radisson Inn Association. Lot.lt was deeded to Mr. John Hayes, President of the homeowners association, for $1.00 with the intent that the property would be used as a means of access to the lake by the association homeowners. That intention was reflected in the express language of the easement contained in the deeds of the association members, specifically allowing access over and upon the lot for purposes of ingress and egress to the lake. From 1940 until 1961, the homeowners paid all assessed taxes and insurance charges relating to the property. In 1961 , Mr. T. G. Jerry Hayes, the son of Mr. John J. Hayes, and other children of Mr. John J. Hayes, inherited the property. After several transactions, Mr. T. G. Jerry Hayes became the sole owner of the property. During the past 25 years, the residents holding easement rights have totally maintained Lot 11 by mowing the lawn. Exhibit 1-1 LETTER FROM WILLIAM HITTLER Dated 17 June 1985 July 17, 1985 Mr. Brad Nielsen Page 2 . . preserving the lakeshore and conducting necessary maintance work. Mr. T. G. Jerry Hayes subsequently sold the property in 1977 to Mr. Roy E. Ahern for the approximate sum of $12,000. A similar offer to purchase tendered by the homeowners was refused by Mr. Hayes. Members of the homeowners association have informed me that, pursuant to an advertisement placed in the Minneapolis Tribune on June 23, 1985, Lot 11 was advertised for sale for $100,000. The homeowner who made the telephone call inquiring as to the price of the property was informed that no easement existed burdening the property. With that background in mind, I would like to comment upon Mr. Ahern's June 4 memorandum. I do not possess sufficient knowledge to comment upon Mr. Ahern's discussion regarding the application for a conditional use permit as being a prerequisite to a building permit applicant's ability to apply for a permit, however, based on our previous conversations, it is my understanding that such an applicant would also have to apply for a setback variance because of the distance the proposed residential dwelling would be from the lake shore. It is my understanding that both the conditional use permit and the setback must be approved by the planning commission. I am most interested in attending any such hearing on these issues to ensure that all appropriate procedural and substantive requirements are complied with to the fullest extent. Please include my name on the required mailing list for all relevant Planning Commission meetings. Mr. Ahern's memorandum fails to address the issue of the effect the granting of a conditional use permit (and setback variance) would have in terms of an applicant's request for a building permit. It is the homeowners' opinion that issuance of a building permit is within the City Council's discretion, regardless of the applicant's compliance with whatever variances or setbacks. Again, please include my name on the mailing list of all relevant City Council meetings. In addition, members of the homeowners association have expressed their interest in appearing before the City Council and the Planning Commission to direct their concerns regarding the effect upon the value of their property, the obstruction and interference with their easement rights that construction of a building would entail, and the likelihood that approval of a building permit application would necessitate the homeowners filing a lawsuit to enjoin its construction. With regard to the easement issue, courts look to the specific language of an express easement to determine its limits. In this case, the easement expressly grants the homeowners the right to have access to and from the lake across the entire portion of Lot 11. In such a situation, the holder of an easement is entitled to free and uninterrupted use and enjoyment of the entire easement area for the clearly expressed purposes of the grant. The purpose of the easement as created in 1940 was to allow the homeowners association to have free and unrestricted use of Lot 11 for enjoyment of the lakefront and lake area. In addition, an express definite easement, once defined, cannot be altered materially except by an agreement between the parties. Mr. Ahern states that his research on the issue indicates that a dwelling could legally be built upon Lot 11 as long as the dwelling does not obstruct access to the bathing beach adjoining Lot 11. That statement is unsupported by any of the research referred to by Mr. Ahern. The cases cited by Mr. Ahern do not directly support that statement nor do they contradict the proposition that courts are obliged to give full force and effect to the definite language of an express easement. Furthermore, none of the cases deal with the specific issue Exhibit 1-2 July 17, 1985 Mr. Brad Nielsen Page 3 . . presented here, an attempt by the property owner to erect a dwelling upon a lot burdened by an easement running the length and width of that lot to the lake front area and used continuously by the easement owners for the purposes stated in the easement. I believe it is premature to expound in greater detail on these issues, however, I believe the foregoing establishes that the property owner bears a substantial burden of showing that erection of a residential dwelling will not interfere with the property rights held by the easement holders. The homeowners stand ready and willing to protect their property rights in this regard. I am available to discuss these matters with you further at your convenience. Please do not hesitate to contact me. Very truly yours, WINTl7~T71;;h __ By: William D. Hittler WDH:kjh cc: Mr. Paul Seifert Mr. Russell Stuart Mr. David Walker Mr. Nick Watz Hart Kuller, Esq. Exhibit 1-3 MEMORANDUM TO: FROM: DATE: RE: FILE NO. . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MAYOR AND CITY COUNCIL BRAD NIELSEN 22 AUGUST 1985 CREPEAU - CONDITIONAL USE PERMIT 405 ( 8 5 . 22 ) This is to clarify my previous staff report dated 29 June 1985. In order to conform with the Shorewood Zoning Ordinance, elements of Mr. Crepeau's proposal require conditional use permits. Following are the pertinent sections of the Ordinance, and the requirements of each section. Comments as to how Mr. Cre- peau's proposal complies with the Ordinance are shown in italics. A. Mr. Crepeau's dock manufacturing business involves the outdoor storage of materials used in making docks (steel, lumber, etc.). Section 200.23 Subd. 3b. requires a conditional use permit for: "Open and outdoor storage as a principal or accessory use provided that: (1) The area is fenced and screened from view of neighboring resi- dential uses or if abutting an "R" District. MJl.. Cl1..epeau I -:l -:It.o/l.ag-e aI1..ea i-:l CWtI1..en.:t-l.y f.enced back. t.o :the wet.-I.and aI1..ea at. :the l1..eal1.. of. :the -:lit.e. A-I.:thou[fh w-:lung- veg-et.at.ion aA.ong- :the wet.-I.and -:lCl1..een-:l :the /l.e-:lident.i.aA. aI1..ea t.o :the -:lout.h, it. hM been l1..ecommended :that. :the -:lCl1..eeni.ng- be enhanced by :the a.ddi.uon of. eve/1..- 9-I1..een t.l1..ee-:l aA.ong- :the -:lout.h edg-e of. t.he -:lit.e. (2) Storage is screened from view from the public right-of-way. MI1... Cl1..epeau pl1..opo-:le-:l t.o move hi-:l w-:lt.ing- dock. di.-:lp-l.ay in {.I1..ont. of. :the f.ence. Thi-:l wi-l.-I. he-l.p t.o -:lCl1..een hi-:l -:It.ol1..ag-e Yal1..d {.I1..om Count.y 'Road 19. J t. ha-:l aA.-:lO been l1..ecommended :that. -:l-l. at.-:l be p-I.aced in :the chain -I.ink. f.ence t.o enhance :the -:lCl1..eeni.ng-. A Residential Community on Lake Minnetonka's South Shore 7 . PLANNER'SRECGMMENDATION - CREPEAU CONDITIONAL USE PERMIT 22 AUGUST 1985 . (3) Storage area is grassed or surfaced to control dust. foil. the mO-1t paAt the w-1t.i.nr; aAea comp./..i.e-1 w.i.th th.i.-1 l1.eqW.l1.ement. (4) Landscaping is provided in compliance with Section 200.03 Subd. 2.g. of this Ordinance. Jt hM been l1.ecommended that /1111.. Cl1.epeau -1ubm.i.t a pl1.of-e-1-1.i.onaJ.ly pl1.epaAed land-1cape plan -1how.i.nr; the -1A..~e, -1pec.i. e-1 and -1pac.i.nr; of- aJ.l pl1.opo-1ed land-1cap.i.nr;. (5) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neigh- boring residences. ~.i.ven the di.-1tance /-I1.om -1U11.11.oundi.nr; l1.e-1.i.dence-1 and the l.i.m.i.ted amount of- l.i.[Jht.i.nr; on the -1.i.te, th.i.-1 pl1.ov.i.-1.i.on .i.-1 not cOn-1.i.dell.ed to be an .i. -1-1ue. (6) Storage area does not take up parking space as required for con- formity to this Ordinance. Jf- the paAR..i.nr; lot layout -1hown on Exh.i.b.i.t A, attached, i-1 imple- mented, paAR.inr; will comply with the OI1.di.nance. No outdool1. -1tol1.ar;e -1hould be aJ.lowed in the /-I1.ont of- the -1ite. (7) The provisions of Section 200.04, Subd. 1.d. (1) of this Ordi- nance are considered and satisfactorily met." The-1e aI1.e the r;enell.aJ. CI1..i.twa f-OI1. aJ.l condi.t.i.onaJ. U-1e pel1.mit-1. Such thinfJ-1 a-1 compliance with exi-1t.i.nr; polic.i.e-1, con-1i-1tency with the Compl1.ehen-1ive 7>lan, compat.i.bil.i.ty w.i.th pl1.e-1ent and f-utUl1.e land U-1e-1, af-f-eet on land vaJ.ue-1 and capac.i.tij of- City -1 ell. vi Ce-1 -1hould aJ.l be con-1idell.ed in evaJ.uat.i.nr; the l1.eque-1t. B. The dock business displays one of its products in front of the building. The Garden Patch proposes to remove much of its outdoor display area and build a new greenhouse on the east side of their existing building. They have proposed a 10 foot open display in front of their building. Section 200.23 Subd. 3c. requires a conditional use permit for: "Open or outdoor service, sale, rental, and display as a principal or accessory use provided that: (1) Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting "R" District. Nei.thel1. the dock. di.-1play (paAt.i.culal1.ly af-tell. it'-1 moved) noli. the p11.0- pO-1ed ~aAden 7>atch di.-1play aAea aAe cOn-1idell.ed to be within v.i.ew of- l1.e-1ident.i.aJ. pl1.opell.ty. -2- PLANNER'S RECOMMEN~ON CONDITIONAL USE PERMIT 22 AUGUST 1985 - CREPEAU . (2) Landscaping is provided in compliance with Section 200.03, Subd. 2 g. of this Ordinance. Jt hO/J been. /lecommen.ded that M/l. C/lepeau -1ubmit a p/lol-e-1-1ionaLly p/lepa/led J.and-1cape pJ.an -1howin[f the -1i3e, -1peci.e-1 and -1paci.n[f 01- aJ.J. p/lopo-1ed J.and-1capin[f. (3) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences. (;i ven. the di-1tance ~om -1U/l/loundin[f /le-1iden.ce-1 and the J.imited amount 01- J.i[Jhtin[f on the -1ite, thi-1 p/lovi-1ion i-1 not con-1ide/led to be an -l. -1-1ue. (4) Sales area is grassed or surfaced to control dust. r O/l the mO-1t pa/lt the exi-1tin[f a/lea compJ.i e-1 with thi-1 /lequi./lemen.t. (5) The use does not take up parking space as required for conformity to this Ordinance. JI- the pa/lkin[f J.ot J.ayout -1hown on txhibit A, attached, -l.-1 impJ.emented, pa/lkin[f wiD compJ.y with the O/ldinance. (6) The provisions of Section 200.04, Subd. 1.d (1) of this Ordinance are considered and satisfactorily met." The-1e a/le the [fen.e/laJ. C/lite/lia I-O/l aJ.J. condiuonaJ. Me pe/lmit-1. Such thin[f-1 O/J compJ.iance with exi.-1tin[f poJ.ici.e-1, cOn-1i-1ten.cy with the Comp/lehen.-1ive 'Nan, compatibiJ.ity with p/le-1en.t and I-utU/le J.and U-1e-1, al-I-eet on J.and vaJ.ue-1 and capaci.tlj 01- City -1e/lvice..1 -1houJ.d aJ.J. be con-1ide/led in evaJ.uatin[f the /leque,(Jt. C. The dock manufacturing business itself requires a conditional use permit as provided in Section 200.23 Subd. 3d.: "Fabrication (cutting, assembly and/or welding) of wood or metal products only when accessory to an activity allowed as a permitted use or condi- tional use within this Section, provided that: (1) Any outside storage shall be in compliance with b. of this Subdivi- sion. See Secti.on A 01- thi-1 /lepo/lt. -J- ~ I M..1'T1l_ J. uYlft Cou o.lILU1 ROll...., l(, BowU V..... 1Wcx000D L_..... J. KaT" ROlIu" G. _ BlllIT E. Swu_ M.J.~......JII. Do.vm G. Vo.....'" JOlla J. MeNun l(cNIW. V. SImIOUlI. JII. Jun V. RoTM4Jf TulDlCll N. Dona Ibc....1ID B. lna Jon L. DIMRY Roa....., L. So_a Pnzll B. Slim s.... tn!L L Bu_ Ro"....., E. QlIcll4llD Jo"" Tllo"", STEPHZM Wnnnca A.V1IOa L. Co_ Jo"" R. Kza....CIl Jou a. F1I111....... bolUS A.. i.uIsoJI Do.TlDJ. S_II D....,ID. J. Cou.JII. Dooous L. SIIOlI l(.C.......L II. JII_"I"" R. Soon D.o.Tl.. J. Po.nx:a l(cD.o.Tt'ft Jo"" B. v.... OIl Noaa. JII. IbclI.o.an G. M4D AJm..... G. B_II11 J...... E. N~ JUOIIII A. Ga. 5TIIV1I A. B.uD JOID. II. ()arruJ&.ur ~ II. l(4CLIJI JIIPPlIlI'f V. 5..... M.o.1'T1l'" 1- lsTlTT Do. TlD G. GUIllfUOO D......ID. l(. CouoJU.Ur Do.TlD B. s....o JOSIlPll P. N04C1I GlI4JU.U II. 84.,.011 LAW OFFICES BRIGGS AND MORGAN A.lIDn.t. M. IloIID M...ror II. ,... 110II... J. PlI.o.ftlI Jo.. BlILTIIJl.4 J...... G. a.... IbCll4.llD B. M.o..rn< Tmrv.- J. II41u !oI....- L lPPU. 1lo811... E. ~ !loImo L a...... WIlU..... J. J04II1. ~ I. s.....o. BII..... Go B........ Ton ST1DUIalIDU M.o.lIT E. SC.......... MlClI.4IIL B. SnlI.o..... Jon II.lDrosno" lbclI.o.Ja> 0. AJmU_ 5-.LL.. .... ScoooUl o..vm G. l(cIloM4J.D B.".,. W. l(00IT Emc N.u_ bD.... a. IlurrzUIOIIII PROFESSIONAL ASSOCI.A.TION 2400 IDS CENTER N:INNEAPoLIS. N:1NN1!:SOTA 15e402 TELEPHONE (612) 33Q-0661 TELECOPIER (612) :37&-1078 INCLUDING THE FORMER FIftH OF LEVITT. PAL.'lER. BOWEN. ROTXA.N & SHARE August 22, 1985 l~. Brad Nielsen City of Shorewood 5755 Country Club Road Shorewood, Hinnesota 55331 Re: Crepeau Dock Manufacturing/Garden Patch Conditional Use Permit and Variance File No. 405(85.22) Dear Mr. Nielsen: This is to confirm our telephone conversation of yester- day morning Use Permit. information in which we discussed Mr. Crepeau's Conditional You advised me that you need the following from Mr. Crepeau: (1) A boundary survey which shows the placement and dimensions of each building on the property. (2) Regarding the signs, you need scaled drawings showing the building elevation and the sizes of the proposed and existing signs for the dock manufacturing operation and the Garden Patch. You explained that in order to present this material at the first city council meeting in September, you would like this information by August 28, 1985. hllDlI1II'" P A.II_ Raa.... L. La An BmrTlIODII T_a.~ Euua..... J. _ GIlIIOO... J. STDIIo. G......... B. Roo... T_ L. SLft P"ll1.l(,~ M.o.lIT M. DT"M.... It&TtII A. B.... MAe... M. Dc..... N......,., D. A.D._ M.C....L J. l(cEw...... Po.ll1. S.J.......... OP 001J1lfSa. J. NII.L MollTOll a,cll4llD E. ltn.II Jou M. P.4UIIIII s....CD. B. No....... F.ull N. G......... A.. utrlllllKlB D..",,, GL4IIIDlCIl G. F....... JOlD< M. SllLLI....... You also mentioned that if Mr. Crepeau decides to apply for a variance, you would like to have the variance applica- tion by September 3, 1985, in order to put it on the October 1, 1985, Planning Commission agenda. aaoo nRST NATIONAL BAJl'Il BUILDING SADfT PAUL, IiIUfl1Il!lOTA lI8KlI 1_,_-_ 8400 IDS OIlNTll. IiIINNUPOUS. IiIUflIB!IOTA _ I_Iooe-OMI . PLANNER'S RE~OMMENDATION - CREPEAU CONDITIONAL USE PERMIT 22 AUGUST 1985 . (2) Adequate off-street parking and off-street loading is provided in compliance with the requirements of Section 200.03, Subd. 5 of this Ordinance. Jt the p~k~n9 )ot )ayout attached a~ [xh~b~t A ot th~~ ~epo~t ~~ ~mp)emented, th~~ ~ect~on ot the O~~nance ~haD be ~at~~~ed. M~. C~epeau' ~ atto~ey ha~ adv~~ed me that they w~D app)y to~ a v~~ance ~e)at~ ve to the pav~n9, CU/(b~n9 and ~u~p~n9 ot the p~k~n9 ) o:t. (3) Provisions are made to control and reduce noise: [;~ven the ~~~oun~n9 )and u~e~ and the weiland ~ea to the ~outh, no~~e ~~ not con~~d~ed to be a p~ob)em. To my know)edge we have not ~ec~ved any comp)a~nt~ ~e)at~ve to no~~e. (4) The provisions of Section 200.04~ Subd. 1.d. (1) of this Ordinance are considered and satisfactorily met." The~e ~e the 9ene~a) ~~te~~a to~ a)) con~t~ona) u~e p~~t~. Such th~n~ a~ comp)~ance w~th ex~~t~n9 po)~~e~, con~~~tency w~th the Comp~ehen~~ ve (Nan, compat~ b~)~ty w~th p~e~ent and tut~e )and u~e~, attect on )and va)ue~ and capa~ty of- C~ty ~~v~ce~ ~hoU)d a)) be con~~d~ed ~n eva)uat~n9 the ~eque~t. D. In talking with Mr. Crepeau's attorney it apparently was not clear that the applicant needs to submit additional information relative to signage (building elevations and existing signage). Consequently the analysis of signage is not completed as of this writing. Presumably, the information will be here in time for the next Council meeting. Once you have reviewed the specific provisions detailed herein, you have the following options: 1. Deny the request in its entirety. 2. Approve any or all of the three required conditional use permits as recom- mended by the Planning Commission. 3. Approve any or all of the three required conditional use permits, making modifications to the recommendation of the Planning Commission. If there are any questions relative to the request or this report, please contact my office prior to Monday. cc: Dan Vogt Glenn Froberg Jim Norton Charles Crepeau Nancy Arnison -4- . . r----~--~-~-----~ .. I ... I .,) -- I \. ... ~ .... , ~ -- , ~ " , --- ... -- on ... i -- .... ... -- .., i - -- , ~ I \ = -- I . 9. ~ \ -,or <r ~ { Q ~ .. :l-~- .... ~1 ~ '" ____L. ___.______ " ---- j } -. --- Exhibi t A SUGGESTED ALl'3RNATIVE PAllKIUG LOT LAYC'W'T . . IIIAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM MAYOR AND CITY COUNCIL TO: BRAD NIELSEN FROM: 22 AUGUST 1985 DATE: CHRISTMAS LAKE ACCESS PROPOSAL RE: 405 (85.29) FILE NO: The attached proposal has been submitted by the Christmas Lake Association. Given the deadline which is being suggested by the Association, it was felt that it should be placed on the soonest Council Agenda possible despite not having been reviewed by the City staff. The staff will meet on Monday afternoon to discuss necessary procedures and potential involv- ed in the proposal. Hopefully, these will be identified at the meeting on Monday night. If you have any questions relative to this matter, please contact my office prior to Monday night's meeting. cc: Dan Vogt Glenn Froberg Jim Norton BJN/kgs attachment A Rp<;ir/pnti;:,/ Cnmmunitv on I.akp MinnPtonka~<; South Shore . . CHRISTMAS LAKE ASSOCIATION City of Shorewood 5755 Country Club Lane Shorewood, Minnesota 55331 g-"?-D -g~ ATTENTION: MR. BRAD NIELSON Dear Brad, Enclosed is an outline proposal for the donation of a public boat launch facility on Merry Lane. I have also included a site plan and proposed warranty deed to transfer this property to the City of Shorewood. Our objective is to effect a reversal of the condemnation auth- orized for a state access on the motel property, that was granted to the DNR by the state executive council. To have a good chance of accomplishing this, we need to transfer title to the city prior to the October 2, semi-annual, executive council meeting. We intend to be on the agenda for this meeting to make a presen- tation that will show that a quality city boat launch is essen- tially accomplished. Of course, all of this depends on the approval of the city and obtaining this city approval in Septem- ber. I have forwarded this proposal to you for staff review and so that you can help coordinate the necessary steps with the coun- cil. I have also enclosed copies for the park and planning com- mission as an information item. Sincerely, -7~~~ Steve Bruce CHRISTMAS LAKE ASSOCIATION SB/sjs Enc. . ~ . . & - :;z.p -&s- CHRISTMAS LAKE ASSOCIATION Proposed Public Access to Christmas Lake GENERAL: The Christmas Lake Association proposes the development of a city owned public access to Christmas Lake to be located on Merry Lane within the City of Shorewood. The property and the initial site development will be donated to the city by a pri- vate party (Bob Fayfield) with certain conditions and obliga- tions outlined below. THE SITE: At present there is a derelict single family home that will be removed as part of the site development. The site is served by a private road with easements over other residential sites. The site has municipal sewer and no water. (The existing home is getting water from the neighbor's well on a temporary basis only. ) SITE DEVELOPMENT: Funds for developing the access will be guaranteed by letter of credit when title is transferred to the city. Management and control of contracts, dispersments and site supervision will be donated by a private party (Steve Bruce). Participation by the city in the form of grading or trucking equipment with city operators would be welcomed and appreciated as a way to reduce the development costs to the benefactor(s). THE SITE PLAN: Principal features of the site plan appear as follows: -Parking for 3 cars with trailers plus 10 cars without trailers. -A boat launch ramp adaquate for launching boats as large as those owned by riparian owners. -Landscape screening between the access property and the adja- cent property to the south. -An attractive shelter to restrain two Satellite type toilet facilities. -Attractive, easy to maintain plantings and ground covers. -Crushed red rock parking surface. -No facility or improvements will be installed to encourage on-site swimming or picnicking. . PAGE TWO . RESTRICTI~NS ON TITLE: -The property and improvements are being donated to the city for public boat launching with parking for only 3 cars with trailers plus 10 cars. -If any other public or commercial boat launch is opened on Christmas Lake, the title to the property will revert to the Grantor. SITE MAINTENANCE: -All site maintenance except snowplowing will be done or con- tracted for by the city. This includes mowing, trimming, toilet service, parking surface maintenance, boat launch main- tenance, and trash pickup. -Snowplowing will be handled as set forth under road maintenance. ROAD MAINTENANCE: Road maintenance and plowing of Merry Lane will continue to be under the direction of the appointed road manager, who is a resident on Merry Lane. .Snowplowing of the access parking area will also be under the direction of the appointed road manager. The city's share of these costs will be prorated based on the expected rate of public usage and the added cost of plowing the access parking area. The total cost of plowing and maintenance of Merry Lane has been about $900 per year. Fo,. No. 3.M-WARRANTY DEED l-'--"ndjvid~.'li to-Corp;,etIOn or Partn.,.hip ..~!:!>>~. U~f<!..m.'.CC)~~Yaac_~_ ~.(1_~!~L_._. Mllter-Olvis Co., Mlnnllpohs .....----. -..- +-~._.~., ..~..-.....~ No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 County Auditor pllt 9tfl by De uty STATE DEED TAX DUE HEREON: $ Date: September , 19 -B.5... (reserved for recording data) FOR VALUABLE CONSIDERATION. Robert We Fayfield and Mary Fayfield Husband and wi fe ,Grantor (s). Imarital at.tull hereby convey (s) and warrant (s) to City of ~ho~ewond , Grantee, a Municipal corporation under the laws of Minnesota ' real property in Hennepin County, Minnesota, described as follows: All that part of Lot 146, Auditor's Subdivision Number One Hundred and Twenty, Hennepin County, Minnesota, described as follows, to-wit: Beginning at the intersection of the East line of said Lot 146 with the Northeasterly line of a certain 10 foot right of way deeded to Ne1s Bruce and described in Deed Document Number 24240 and of record in the office of the Registrar of Titles Office in and for the County of Hennepin, thence North 51 degrees and 30 minutes West along the Northeasterly line of said right of way a distance of 58 feet, thence Northeasterly at right angles to said last line to the East line of said Lot 146, thence South along the East line of said Lot to point of beginning. That part of Lot 191, Auditor's Subdivision Number One Hundred and Twenty, Hennepin County, Minnesota fit ~~~~~.~ti.t..,~,s, to-wit: Beg inning at the' together with all heredi.,aments and appurtenances belonging thereto, subject to the following e~ceptions: Afflx D~~d 'I'l1X Stamp th~re Robert w. Fayfield COUNTY OF HENNEPIN } ... Mary Fayfield STATE OF MINNESOTA The foregoing instrument was acknowledged before me this by day of septeIlWer , 19..aL. ,Grantor (s). .__..~ .. __... ....._.,_.. .~._ ,"'_"'+"'0 . .._u .,.. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE or PERSON TAKING ACKNOWLEDGMENT Tax Stltlmlnts for tbl r..l property 4!.lOrlb14 lD \bII1DeUWD-C lbo\lJd bl _nC \0 (lncl~' ""1 end A4ckMI of ur....): \ THIS INSTRUMENT WAS DRArTED BY (NAME AND ADDRESS): BRUCE COMPANIES 539 East Lake Street wayzata, Minnesota 5539l CITY OF SHOREWOOD 575~ Country Club Lane Shorewood, Minnesota 55331 , I I I L_- ~ !~ _.. '.. _. .... n _ . ..... . . point of intersection of the west line of said Lot with the northeasterly line of the road through said Lot 191 as described in Document Number 24240 on file in the Office of the Registrar of Titles, thence south- easterly along the northeasterly line of said road a distance of 149.6 feet, thence north 67 degrees and 41 minutes east to the shoreline of Christmas Lake, thence northerly and northwesterly along the shore of said Lake to the northerly most corner of said Lot 191, thence South along the west line of said Lot 191 to point of beginning. An easement for roadway purposes over a strip of land in Government Lot 4, Section 35, Township 117 North, Range 23, West of the Fifth Principal Meridian, the center line of said strip being described as follows: Beginning at a point in the East line of Government Lot 4, Section 35, Township 117, Range 23, said point of beginning being 504 feet North of Southeast corner of said Lot 4; thence North 51 degrees 30 minutes West 100 feet; thence on a curve to" the left with a radius of 203.7 feet a distance of 62.51 feet; thence North 69 degrees, 05 minutes West 55.5 feet; thence on a curve to right with radius of 29.43 feet a distance of 24.48 feet; thence North 21 degrees 13 minutes West a distance of 362 feet to South line of public road; being a strip of land 5 feet wide on each side of the above described center line except around the curve with a radius of 29.43 feet around which curve said" strip of land is 5 feet wide on Easterly side of center line of said line and 7 feet wide on Westerly side of center of said line; that is to say that said strip of land is to be 10 wide except at said curve where it is to be 12 feet wide for a distance of 24.48 feet, all according to the map of plat and United States Government Survey thereof on file or of record in the office of the County Recorder in and for Hennepin County, Minnesota. This property is given to the City specifically for use by the City for publj boat launchinq and parking for 10 cars and-3 cars with trailers. In the event that the. above restriction is violated or in the event that any other commercial or public boat launch is opened for use on Christmas Lake, then the fee title to the said property shall revert to the Grantor, his heirs, or successors or assigns. ',\- CHRISTMAS LAKE c;g llil" ~ ~ e EXISTING TREES NEW TREES & SHRUBS POSED ACCESS ~~O CHRISTMAS LAKE . . & ASSOC., INC. INTERIOR oeStQNERS ST LOUIS PARK...... 55418 . ('121583-1255 J. Paul Seifert August 26, 1985 r1ayo r : Robert Rascop Council Persons: Bob Gagne Tad Shaw Jane Haugen Kristi Stover Thank you for this opportunity to present our arguments for denial of a variance and conditional use. Please note the follow arguments concentrate directly on the zoning ordinances for the City of 8ho r e\'IOO d . 1. Lot 11 is approximately 15,000 sq. ft. and the minimum applicable lot size is 20,000 sq. ft. No building is permitted closer than 75 ft. from lake; the request is for less than this distance. We urge enforcement of existing laws. 2. Proposed use of Lot 11 is "not compatible with present and future land uses of the area." This neighborhood is essentially un- changed for over 45 years. 3. The proposed use will "tend to depreciate the area." Full and unobstructed viewing and usage of Lot 11 has been continuous since 1940 when this lot was designated an easement lot for Radisson Inn Addition Properties, and sold to a designated caretaker, Mr. Hayes, for the sum of one dollar. To allow a home to be built will reduce surrounding property values an estimated 10-20 percent. Over thirteen homes are directly involved. 4. The special conditions and circumstances required for the variance are the direct result of actions of the building permit applicant. With full knowledge of easement and "unbuildable" nature due to the physical size of Lot 11, the building permit applicant pur- chased the property not at a "buildable retail price," but rather at a "discounted price" due to the "easement and unbuild- able" conditions. Assessed value of Lot 11 has been constant and is applicable to the "discounted price." Nothing has changed substantially for 45 years. Therefore, no special conditions have occurred and no special privileges in the form of conditional use or variance should be granted. In summary, requests for special conditions and circumstances appear primarily economic in nature for the ouilding permit applicant. Our ordinance states, "special circumstances and conditions" may not be economic in the granting of any variance. J. Paul Se' Spokesperson Radisson Inn Association 5515 Radisson Entrance' Shorewood, Minnesota 55531 . 612 - 474- 3611 . . ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 81, AN ORDINANCE RELATING TO THE REGULATION, LICENSING, AND KEEPING OF DOGS IN THE CITY OF SHOREWOOD. The City Council of the City of Shorewood ordains: Section 1: That Ordinance No. 81, Section II, Subdivision 2 be amended to read as follows: "Subdivision 2. Kennel License. An owner desiring to keep five (5) or more dogs over the age of nine months shall be required to first obtain a Kennel License. A Kennel License shall allow an owner to keep five (5) or more dogs within an enclosed area on the owner's property, subject to the following conditions: 1. Such area shall be enclosed by a sturdy wood or metal fence meeting all provisions of the City Fence Ordinance and designed to keep all dogs confined therein. 2. Any kennel structure or dog house erected in such enclosed area for the purp6se of housing such dogs shall be located within the prescribed setback requirements for the property and shall be located at least fifty feet from any residential dwelling other than the owner's. 3. The total number of dogs permitted to be kept within such enclosed area shall be limited to one dog per one-quarter acre of enclosed area. Such Kennel License shall be issued by the Clerk upon approval by the Council. All other provisions of this Ordinance applicable to the licensing and keeping of individual dogs shall apply to dogs kept pursuant to this subdivision. The fee for such Kennel License shall be set by resolution of the Council." Section 2:. This Ordinance shall be effective from and after its passage and publication according to law. Adopted by the City Council this day of August 1985. CITY OF SHOREWOOD Robert Rascop, Mayor ATTEST: City Clerk Q 1