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'~ JN3WNHnorav GNV SWIV~8 dO ~V^OHddV 081 os: OV SJHOd~H ~I8Nn08 oLl os: oV JHOd~H S.HOXVW 091 ~861 '~G H~S:W~^ON -~- VGN~DV ~I8Nn08 A # .- . ~ , I CITY OF SHOREWOOD REGULAR COUNCIL MEETING TUESDAY, NOVEMBER 12, 1985 '.' ".-"'. I f..." ~ . " ~ . . " ~:~ ,~. ~~.......... ,. .r....."' -~ 1 t ..~. ~;:~JNCIL 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 7:32 P.M., Tuesday, November 12, 1985 in the City Hall Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Stover, Gagne, Haugen and Shaw. Staff: Attorney Froberg, Engineer Norton, Administrator Vogt and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Haugen, to approve the minutes of the Regular Council Meeting of October 28, 1985 as corrected. Motion carried unanimously. PARK COMMISSION REPORT The new member of the Park Commission, Carolyn Squires, reported on the past Commission meeting. The Commission did an on site inspection of the proposed new park by the Waterford project, to determine a plan for that park. WATERFORD BOND DISCUSSION Dick Treptow, representing Springsted Inc., reviewed possible ways to cover the $55,000 cost overrun on the Waterford project. This additional expense of $55,000 excluding the bond, has been levied to special assess- ments against the project. Mr. Treptow explained four methods to cover this overrun: ..sHol/2.'l}~ 61 C 1. Cover the storage with funds from one of the other city funds. 2. Add to another bond improvement to cover overrun. 3. Issue a separate n~w bond to cover just the $55,000. 4. Issue a separate bond to ourself with surplus funds from other debt funds. Council asked various questions on when final project cost payments would nave to be made and if money will be available to cover bond payments. They questioned the effect prepayments would have on the interest to be earned on the bonds. I lVlurI In .property Mr. Murfin's attorney, Mr. Reutiman informed Froberg that the purchase agreement has b~en s~gned by Mr. Murfin but the issue of the oil storage ~~nk removal belng hls responsibility has been crossed out. Council thlrected Froberg to replace the removal of the storage tank back into e agreement. .. . COUNCIL MINUTES -3- . NOVEMBER 12, 1985 ATTORNEY'S REPORT Murfin Property - continued A letter has been sent from the Fire Marshall giving Mr. Murfin 30 days to remove the tanks. If this is not done, it is up to the city to proceed with prosecution on the request of the Fire Marshall. EXECUTIVE SESSION ~ 8:45 ~ 8:50 Council excused themselves to discuss the Naegele Litigation ADMINISTRATIVE REPORTS rJ~i ;_~~rewo~~,~.9_~s Water Extension ftr1'O~~r(l,6l Ray Brandt- from' Shorewood Oa~s is currently drawing up a draft agreement ~~ for the extension of water service from the Boulder Bridge Well}( To SHDe~oo.} OA-rs. Beaver Complaint - Enchanted Island Rascop reported that 6-7 trees a day are being cut down by beavers on Enchanted Island. He would like to see a change in the Trapping Ordinance to allow steel leg traps for this problem. The D.N.R. will not come out and live trap because there is no good area to release the animals due to overpopulation allover the state. Staff will check the possibility of another source of live trapping and removal. Met Council Task Force - Access on Lake Minnetonka The Task Force is holding a meeting on November 13, 1985 and they have requested cmmments from the lake cities regarding possible addi- tional lake accesses. Rascop will be representing the LMCD and Vogt will speak on behalf of Shorewood. Council directed Vogt and gave him their opinions to relay to the Task Force. M.W.C.C. Rate Structure Two different to Shorewood. of $44,500 in for a phasing of $13,030 in rate structures were provided, both would mean a savings The "Basic" method would give an immediate large saving 1987. The second method "Recommended" would provide or increasing savings each year with an immediate savings 1987. Council directed Vogt to indicate support of the "Basic" method to the M.W.C.C. Mileage Rate Change and New Holiday Due to the I.R.S. requiring reporting and maintaining records of reimbursement for mileage paid at a rate over 21~ a mile, it has been recommended to reduce mileage payments from the current 22~ a mile to 21~. . -4- . NOVEMBER 12, 1985 COUNCIL MINUTES ADMINISTRATIVE REPORTS Mileage Rate Change and New Holiday - continued N~~~ A new holiday, Martin Luther King Day, will be in effect ~~~ year. This holiday will be the 3rd Monday in January for all subsequent years. Haugen questioned whether this holiday could replace a currently observed day. Vogt stated that Columbus Day is the only holiday that the City can have their offices open. He did state that Columbus Day has been provided for in a two year contract for the union employees. Gagne moved, seconded by Stover, to reduce the mileage reimbursement to 21~ a mile, and to approve the 3rd Monday in January for observance of Martin Luther King Day for 1986 and 1987, to be included in the employee policy book. Motion carried - 5 ayes. Liquor Store Public Hearing Due to the loss of revenue in the Liquor Store two out of three years, it is required by law to hold a public hearing to hear comments on the issue of further operation of the stores. This hearing is scheduled for November 25, 1985 in the Council Chambers. MAYOR'S REPORT Watershed Recommendation Council directed Gagne, as the Watershed District Representative, to strongly state disapproval in their new policies to loosen the regulations on dredging of new we+land areas and the creation of new lakeshore. This meeting will be held November 21, 1985 at 8:30 P.M. at the St. Louis Park City Hall. COUNCIL REPORTS Pollution Control Rule Changes A letter was received from Gen Olson requesting support in asking the P.C.A. not to change their rules without the process of a public hearing. Vogt will submit a letter to the P.C.A. supporting the need for public hearings. Snowmobile Ordinance The Park Commission will be reviewing the snowmobile Ordinance for possible revisions. Christmas Lake Association The association met on November 11th and discussed another offer of a lake access site, a better site than the last location. Police Committee Meeting Shaw and Haugen have continued to attend Police Committee Meetings discussing the terms of a new police contract. They continue to feel that Shorewood should have some control equivalent to its contribution. Haugen felt that the City is continually being treated like the "bad guy" and she is beginning to believe it. ~ . ~ . COUNCIL MEETING -5- . NOVEMBER 12, 1985 COUNCIL REPORTS Police Committee Meeting - continued Due to articles in the paper and various reports from the committee, Gagne feels that within the remainingl~ years of the contract, this city should look at the possibilities of operating its own police department. Because Shorewood has much more growth potential, and the share of the police budget will continue to increase, this will be the only way to have additional control of the funding and the department~, instead of having other cities tell us how to spend our money. / / Possible Local Government Aid Short Falls The city has been informed of the possibility of a short fall of State Aid Funding. Stover suggested that the staff begin looking at ways to cover the loss of these funds. Rascop suggested allocating these funds to special projects that could be dropped if funds are not available, not to plan on it for general operations. Council would like to see some alternative information submitted in January. Water Extension Information Joe Gorecki requested information on the cost to extend water to a pro- posed project on Lake Linden Drive. Council directed the Engineer to update cost figures from previous estimates for that extension. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council meeting of November 12, 1985 subject to approval of claims for payment, at 9:52 P.M. Motion carried unanimously - 5 ayes. General Fund Liquor Fund (#00166) (#00174) Checks 31266-31337 = $ 91,701.45 Checks 4030- 4110 = $ 75,969.18 Respectfully submitted, Mayor Rascop Sandra L. Kennelly City Clerk . . NOTICE OF PUBLIC HEARING - CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood will hold a Public Hearing at-7:45 PM on Monday, November 25, 1985 at the Shorewood City Offices, 5755 Country Club Road, for the purpose of discussing the operations of the Shorewood Municipal Off-Sale Liquor Stores. Minnesota Statutes require that a City must hold a Public Hearing on the question of continuing the operations of the Municipal Liquor Stores within 45 days of the end of the fiscal year following the end of a three-year period whereby the operations of the Municipal Liquor Stores have shown a net loss in two of the three years. Any and all comments, either written or oral, relative to continuation of the Shorewood Municipal Liquor Stores will be heard at this time. Dated this 1st day of November, 1985. Daniel J. Vogt City Administrator Publish on November 7, 1985 -.5 , . . . MAYOR Robert Raseop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN }1~ DATE: 5 NOVEMBER 1985 RE: AUBRECHT/SIEGEL - SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE FILE NO.: 405 (85.32) BACKGROUND Mr. Paul Aubrecht and Dr. Robert Siegel have requested approval of a simple subdivision allowing them to rearrange the lot line between their properties, located at 20575 and 20555 Radisson Road (see Site Location map - Exhibit A, attached). As shown on Exhibit B, Mr. Aubrecht proposes to convey approximately a 1,665 square foot triangle from his lot to Dr. Siegel. Both properties are substandard in lot width for the R-1C zoning district in which they are located. Since the division/combination results in reducing the width of Mr. Aubrecht's lot even further, a lot width variance is necessary to allow the lot line rearrangement. The Siegel property is currently 69 feet wide at the building line and contains approximately 5,881 square feet in area. The Aubrecht property is 94 feet wide and contains 39,345 square feet in area. If approved the resulting lot sizes would be: Siegel - 90 feet wide and 7,546 square feet; Aubrecht - 73 feet wide and 37,680 square feet. ANALYSIS/RECOMMENDATION As can be seen on Exhibit B, the Siegel house is very close to the lot line. The division/combination is intended to allow use of the west entry to the house without encroaching on the Aubrecht property. The proposal would also provide more useable yard space for the Siegel property. A Residential Community on Lake Minnetonka's South Shore o , PL,ANNING COMMISSION MEETING November 19, 1985 SUMMARY OF MOTIONS 7:30 PM PUBLIC HEARING - SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE 20555 and 20575 Radisson Road - Paul Aubrecht and Robert Siegel Motion: Spellman moved, seconded by Watten to recommend approval to Council subject to the recommendations in the Planner's report. Motion passed unanimously. 7:45 PM PUBLIC HEARING - SETBACK VARIANCE AND VARIANCE TO EXPAND A NONCONFORMING STRUCTURE 19425 State Highway 7 - Jim Winstead for Burger King Motion: Spellman moved, seconded by Watten to ~ecommend to Council to deny the variances. Motion to deny failed by Roll Call Vote: Leslie/nay; Mason/nay; Reese/nay; Watten/aye; Spellman/aye. Reese moved, seconded by Mason to recommend approval of the variance request to Council subject to the following recommendations: 1) That the addition to the east side not extend beyond the present face of the building. 2) That the addition to the west side be covered with brick, the same as the present building. 3) That the signage be brought into conformance with current requirements. 4) Establish a staff review of parking requirements for Council review. And that the motion is contingent upon the requirement that parking space be adequate for the number of seats available within the restaurant plus the number of staff working there. Motion to recommend approval to Council, based upon the above recommendations passed by Roll Call Vote: Leslie/aye; Mason/aye; Reese/aye; Watten/nay; Spellman/nay. 8:00 PM PUBLIC HEARING - CONDITIONAL USE PERMIT 22570 Murray Street - Michael Spear Motion: Spellman moved, seconded by Reese to recommend approval to Council subject to zoning requirements in reference to home occupations. Motion passed unanimously by Roll Call Vote. 8:15 PM PUBLIC HEARING - SETBACK VARIANCE 5900 Boulder Bridge Lane - Landform Motion: Spellman moved, seconded by Watten to recommend approval to Council subject to recommendations in the Planner's report. Motion passed unanimously. lp Planning Commission Meeting November 19, 1985 MOTION SUMMARY page two SIMPLE SUBDIVISION 6065 Lake Linden Drive - Meridian Construction Company Motion: Spellman moved, seconded by Watten to recommend approval to Council, subject to provisions by the Planner and recommendations by the City Attorney in reference to paragraph No. 9 of the Declaration. Motion passed unanimously. INFORMAL DISCUSSION - NEAR MOUNTAIN P.U.D. Peter Pflaum presented a revised preliminary plat to the Commission which eliminates the quadraminiums and increases the number of dwellings in other sections of the project. They also propose some reconfiguration of parkland, redistribution of living units, and improvement of on- and off- site traffic circulation. Respectfully submitted, Patricia Helgesen Suite 300, Metro Square Building, St. Paul, Minnesota 55101 612291-6359 Meetings and Agendas January 17, 1986 WEEK OF JAN. 20 - 24 NOTE: This publication contains a one-week list of meetings and agenda items for the Metropolitan Council, its standing committees and advisory committees, as well as similar information for the Regional Transit Board, the Metropolitan Waste Control Commission and the Metropolitan Parks and Open Space Commission. Meetings and agendas occasionally must be changed. To verify the meeting schedule in advance, call 291-6464. Media should continue to call Ken Reddick, 291-6422, or Lynna Williams, 291-6511. Management Committee - Tuesday, Jan. 21, 9 a.m., Council Chambers. The committee will act on requests for contract approval for the Hwy. 7 corridor study and for the annual Council audit. It also will act on the South Africa investment issue. It will consider a proposed lease for the Council in the Metropolitan Government Center. Regional Transit Board Rideshare Committee - Tuesday, Jan. 21, 10:30 a.m., Council Conference Room E. The committee will review Minnesota Rideshare management and advertising plans. Metropolitan Systems Committee - Tuesday, Jan. 21, 11 a.m., Council Chambers. The committee will act on the Metropolitan Waste Control Commission's 1986 capital budget guidelines for miscellaneous improvements and on lifting conditions on approval of some projects. It will review a National Pollution Discharge Elimination System Permit for an Independence and Greenfield sewage collection system around Lake Sarah. It will discuss the Aviation chapter of the Metropolitan Development Guide and the Lake Ann interceptor. Metropolitan Waste Control Commission - Tuesday, Jan. 21, 2 p.m., Suite 350, Metro Square Bldg., 7th and Robert Sts., St. Paul. Waste Management Advisory Committee - Tuesday, Jan. 21, 2 p.m., Council Chambers. The committee will act on the abatement fund expenditure report and the Hennepin County solid waste designation ordinance. It will be briefed on the solid waste market expansion report. Public Hearing on the Aviation Chapter of the Metropolitan Development Guide - Tuesday, Jan. 21, 7 p.m., Council Chambers. The public will have an opportunity to comment on the Aviation Chapter, which describes the direction investment in the Twin Cities aviation system should take through the year 2003. Regional Transit Board (RTB) Policy Committee - Wednesday, Jan. 22, 5 p.m., RTB Board Room. The committee will hear an update on Interstate Hwy. 394. It will also consider proposed taxicab legislation and the Minnesota Rideshare survey results. Metropolitan and Community Development Committee - Thursday, Jan. 23, 2 p.m., Council Chambers. The committee will act on a request for Council support on the developmental disability community and family living amendments of 1985 to Title XIX of the Social Security Act. It also will act on a plan for service delivery for older people in Carver County, and hear a presentation on barge fleeting. Metropolitan Council - Thursday, Jan. 23, 4 p.m., Council Chambers. The Council will hear the following committee reports: Metropolitan and Community Development Committee: Reports on arts economic impact study and the conclusion of arts access; the draft environmental impact statement for the Mall of America/Fantasyworld; a request for Council support on the developmental disabilities community and family living amendments of 1985 to Title XIX of the Social Security Act; plan for service delivery for older people in Carver County. Metropolitan Systems Committee: Metropolitan Waste Control Commission 1986 capital budget guidelines for miscellaneous improvements and lifting the condition on approval for some projects; review of the National Pollution Discharge Elimination System permit for an Independence and Greenfield sewage collection system around Lake Sarah; the Regional Transit Board financial plan for 1986-1987; development grant amendments and capital improvement program amendments to Como Regional Park, Como Zoo and Como Conservatory in St. Paul; report of the Governor's Airport Noise Task Force. Management Committee: Request for contract approval for Hwy. 7 corridor study; South Africa investment issue; proposed lease for the Council in the Metropolitan Government Center. Environmental Resources Committee: Permit application for Black Dog ash storage and transfer area by Northern States Power Company; adoption of an amendment to the Solid Waste Management Development Guide/Policy Plan and final statement of findings and conclusions. Chair's Report: Appointment to the Transportation Advisory Board. Advisory Committee on Aging - Friday, Jan. 24, 10 a.m., Council Chambers. The committee will hear a briefing on long-term care activities and a report on pre- applications received. It will also consider its organizational structure for 1986. . . Planning Corom., Mayor and Council 5 November 1985 page two It should be noted that the Aubrecht property is one of the largest lots in the neighborhood, while the Siegel property is among the smallest. Also, despite the reduction in width of the Aubrecht property, the lot widens considerably where the two lots (12 and 13) are joined together. Given these factors, the request is considered quite reasonable. It is therefore suggested that the simple subdivision and lot width variance be approved subject to the following: 1. The applicants must record the division and combination with Hennepin County within 30 days of their receipt of the Council resolution approving the request. 2. Mr. Aubrecht must submit a title op1n1on for his property to the City Attorney for his review and approval. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Robert Siegel Paul Aubrecht Exhibit A SITE LOCATION Aubrecht/Siegel - simple subdivision and lot width variance .. IIj ~ 'to -- \D ~ ~ t\.I ...~.;.. DlrJ . .~ ( t.).~ l~ .\ ----- \ \ '-8 /~- .0 (<-, .... .:.. "<t' _/ .rjJ t\' Cl ~"v (\I ;;:. .~ '\ : 100 , tit ~ .~. .- -~, -> ~,. i,i:- - - - - - ~ ~ 3ONWJ.N3 NOSSla'1~ ~ n .;;:.s lL.L!L'~ ~~..~ ". "'s."L.l!. \ r=' ~. ....... .~~ / I ~ .-- ,.t fr ~- J '" ~ ( ~ .- \. 5 - ~I!"... ., . . . ~ ~ ~ ... <:l ~ 1'<"1 , ~l ~~~ ~ ........ ~\ ~- \ ~ \ \ ~ '~ j,' . ?'l. _ --1 ~ :;01'" /~ ( 3A1-,). ~ ~/,.l c I L~i d.. l~,-,~I<f- "to. jltLl +,1.''''' C> ~ o <:::::!- j ()"""'O -+-~ --,.. ~ ~ ~~ ,,,'1 , .'5' ,~ """"\ Q "::...",.... o .. \ " . \ ~ \ ~c'~" _ ~ 0 ,'" ~. '" ~ ~ " ... ,- ,. 'OS - ...... 0' ... . ~ "-E',S _-.-."7 /~ I . ~ "-;, ~ ~ ~ ..... '- -- ~ ~ \. ---- ~_. ") -\..( ... .",. ,&0 ,_ .e . '> ~ "" -.s ~ . .. -r 4;- ~ ~ ..r- '"... - ~ ~ " ~ I' ~ .- (- - ," ",oJ' 11-.'''' ~_.- ------- . ,.., ... :-:- .--- r '" ...- ~' :~ ~ .L -1>. t"" ... "- - /;.._.... ~ ;u.::J ~ >- .. ..l . "'- ->. ~ .':> .... '" \ ~' ,- . -:. , \\.' ~ 00 '001 _ {.7. op f 2 - - .. .... " .~~ , .. ...... ",,,- Exhibit B PROPOSED DIVISION/COMBINATION . . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt f . .' CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474.3236 MEMORANDUM TO: PLANNING COMMISSION~ MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 7 NOVEMBER 1985 RE: BURGER KING - VARIANCE TO EXPAND A NONCONFORMING STRUCTURE AND SETBACK VARIANCE FILE NO.: 405 (85.33) BACKGROUND Mr. Jim Winstead proposes to add on to his existing Burger King building~ located at 19425 State Highway 7 (see Site Location map - Exhibit A, attached). He intends to add a "solarium" type of seating area to the northeast corner of the building and an outside walk-in cooler to the west side of the building (see Site Plan - Exhibit B~ attached). The existing building is a nonconforming structure by Shorewood's current zoning standards. Specifically~ the building encroaches into the 30 foot setback for front yards and side yards abutting streets in the C-3 district. Section 200.03 Subd. 1 b. very clearly specifies that nonconforming structures shall not be "...enlarged extended or structurally altered...". Consequently~ the applicant has requested variances to expand a nonconforming commercial structure and to encroach into required front and side yards. According to his application the proposed improvements will allow him to create an employee break room and satisfy the Burger King corporate image requirements. ISSUES AND ANALYSIS While provisions in Shorewood's current Zoning Ordinance relative to nonconformities have not changed significantly from the previous Ordinance~ substantial changes have been made regarding standards for commercial development. Whereas the previous Ordinance required no building setbacks from the street for commercial property, the new Ordinance requires a 30 foot open space between street and building. This change was consciously made in an attempt to upgrade commercial development in the community by reducing overcrowded appearance and providing A Residential Community on Lake Minnetonka's South Shore I . . Planning Commission Mayor and Council 7 November 1985 page two room for landscaping. It is important to remember that the area in which Burger King is located has often been cited as having an overcrowded and visually cluttered appearance due to oversized signage, lack of setback area, truck parking etc. The nonconformity prov~s~ons within the Ordinance are intended to allow noncon- formities to remain as they currently exist ("grandfathered in") but not allow changes which might prolong the life of the nonconforming structure. It is clearly the intent of these provisions that nonconformities should eventually be brought into conformity with Shorewood's zoning requirements. In reviewing the expansion of commercial buildings, attention must be paid to onsite parking. As of this writing, floor plans of the building are not available, so proper evaluation of their compliance with current parking require- ments can not be made. I will attempt to have this information available to the Planning Commission on 19 November. If the City is inclined to grant variances for expansion of nonconforming commercial structures, serious consideration should be given to bringing other elements of the site, which may not comply with zoning requirements, into compliance. In this regard, the City may wish to evaluate existing signage. According to plans in our files, and based upon the current sign requirements, the site exceeds the allowable amount of signage. The site currently displays three business signs - two wall signs and a large freestanding sign. The total area of these signs is approximately 256 square feet. Since the site is allowed signage in the amount of 10 percent of the building silhouette as viewed from the street (total area is approximately 1,722 square feet), they exceed the allowable signage by 84 square feet. Any expansion of the building should require that signage be brought into compliance with current standards. RECOMMENDATION With the exception of excess signage, Burger King is not considered to be one of Shorewood's problem commercial sites. However, whatever decision is made on this request will affect the City's decisions on other sites. Given the problems with several of our commercial properties, it is not felt that the City can afford to weaken its position on nonconformities. It is also considered very important for the City to remain consistent relative to open space requirements for commercial development. As a consequence, it is suggested that the variances be denied. If the City disagrees with this recommendation, it is strongly recommended that the variances be granted only if compliance with parking can be achieved and signage is brought into conformance with current requirements. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Jim Winstead O. % '!;, ;" N 3 NlAYHdl: 3.~t.;'z.oS o All . ()\ '\ '.rJ ... J.I :) ~.- r~.'."Y~1\ : . '.. I" " i. ~" '") ~l ~ '" ~ '"' - ~ ~ ., ~ o . - ~ ~ <3 ~ - ,.. 1 6 ~ .. ~~ E- .;:s- - . 1\ ! \ \ --...-- l \J' - <.T r-- Exhibit A SITE LOCATION ~ Burger King - variance request \" I , ,;~ \1 ..... i , I ~h \ I , ,.~ 30 ' -I '.. t ~~ '/ -0 ~ ~ ~ I --r /'" " ,<:. ~ /" . .' -- fti?F" ~ J,JK-l" 'II~'''''''' y', too ('.~ ~". .-1 .' ~ " -(C\ "'" , ~ ,// I . ~I:a .....J ~ .<<.,.' I r'/ . ./ /' ./ ./ /' .-" . ,. " /...' I , I I t I I 11 tlP.~ 1'~,,\cV', JlO\lI "t'Dh (~U I' hi~~ G,) ~:~ I ,'l'{l~ij ! .. . I " ~ I . ct It t '~ l~ '- . ~ ~ I" ~~~ l. '- I ~ 'it I I'" ~r1'" ,~. I" ~td~ Q ;:) C( \ ~ :)lo .. ~l~ ....~ 4..,({ ~~ ~r / t - - - ~~ --- r ........t// ,.,. ./ . \. - - . ~ 'y. .~.. . ,., . . ,'''~,,~ .., ."~~ ~ -,', \..". - "" . -... ~.... '--. ' -. ~ ~'\..'~ /.....~ i:: ..~ 7' 0 ~l tloo. \'. "- I , ~ .' i ~. \',..~~ '( .- ~. 1?/V..:I1. 'l ~ .." ".. ,'''J A I I I r. .,.,? - ~'''~'I' L. ...1 'TT TT'r II . , '( " K ,. / - -Cl-~' ... '\ 1 .-~ ) '"'---. E-'..,.;t.i/~ ~..... 2J If m-i-:~~:' N~~ J I I . I I ! I I ~ . I 1 IR i I ~I I ~.1 1fJ-... I ) t 'J t ~ I " ---;f'-' -. f \l .' - _. -. .:.. '+ , ~ I I ~ .'--' f'W) ." o. .... ...... L_____ v' I ~ ~ t j , --" .+ . ?"""'''~''J.-I~''. j'.:.f.JN." ~ '...... '" ""'-' ----".. . , ~. ~ , ""1 f (): ~ ./ ..../ f't .. ~ I ill I t~1- r--j -'~ : I ill, 1_:-~-1.-- \ - - :.""._- ......... ..:. - -~. :1~1' . , Exhibit B SITE PLAN Proposed additions shown shaded BURGER Exhibit C PROPOSED ADDITION Northeast corner of building t#' . . . . Consider the ICS Outside Walk-in Solution... Outside economy - Inside convenience! Ies Outside Walk-ins are ideal for remodeling or expansion projects because they make room, instead of using it up. And they make it without complicated new construction! With an IeS Thru-the-Wall installation, your outside storage space becomes an integral part of your inside operation.. again, without sacrificing valuable interior floor space. The IeS concept is your most cost-effective way to free up inside space while still retaining .~ convenient access to your walk-in storage. IeS can meet any walk-in requirement whether it's a freezer, cooler. dry storage, or any combination of the three. And because res Outside Walk-ins are delivered from the factory ready-to-operate, you can start operations right away - without time consuming delays for assembly and installation! Whatever your space requirements, IeS has an Outside Walk-in to fit... totally factory constructed and delivered ready-to- operate. You'll reap big savings on commercial construction costs. ~~I New ICS LC Jr"Dual-Temp WI.B. vT ~91-t''is=: I JJ\""'~~J~-<-r1::1 Remove SlORAGE ROOM L Existing WIOO k ~ ~N'NG ROOM 1'~DEJl' II I I KITCHEN _ d' I SE~NG AREA ----"~, The BK-l and BK-22. floorplans at right show only a sample of the many different walk-in configurations available from Tr:S. BK-1 Kitchen Remodel New ICS WI.B. w/Cooler, [f'....) jr--]I Freezer, Dry Storage , ~., S ,--t-- Vesti,bule and Rear Store T",:~ ~bl ;;.~c~ Service En}trance Ld Il~~~-~,>,', " Ii;"""'" ii I 0]1 Ii, ._~ KJTCHEL~' ~NING ROOM I Remov ',I I Existing WLB.~ ~'] II ~-==J I ~AREA I Exhibit D PROPOSED ADDITION West side of building . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt ~. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: FROM: PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN .'1~ DATE: 6 NOVEMBER 1985 RE: SPEAR, MICHAEL - C.U.P. FOR GARAGE SPACE EXCEEDING 1,000 SQUARE FEET FILE NO.: 405 (85.34) BACKGROUND Mr. Michael Spear has requested a conditional use permit pursuant to Section 200.03 Subd. 2 d. of the Shorewood Zoning Ordinance, allowing him to exceed 1,000 square feet of area for accessory buildings. The property in question is located at 22570 Murray Street (see Site Location map - Exhibit A, attached), and is zoned R-1C, Single-Family Residential. The applicant proposes to construct a 367.5 square foot addition onto his existing garage which contains 760.5 square feet, resulting in a total of 1128 square feet of area. Details of the proposed addition are provided in the following exhibits: Exhibit B - Applicant's Request Letter Exhibit C - Property Survey Exhibit D - Proposed Floor Plan Exhibit E - Proposed Elevations ANALYSIS/RECOMMENDATION Upon review of the applicant's plans, they have been found to comply with the requirements of the Shorewood Zoning Ordinance, specifically: A. Setback and building height requirements of the R-1C district have been met. B. The total area of accessory space will not exceed the 1250 square foot "footprint" of the existing house. A Residential Community on Lake Minnetonka's South Shore Q .:::> . . Planning Corom., Mayor and Council 6 November 1985 page two C. The area of accessory space is far less than 10 percent of the lot area. D. The architectural character of the proposed addition is consistent, not only with the existing garage, but also with the principal structure on the property. Considering the above, it is suggested that the C.U.P. be granted as proposed. While the use of the proposed building is not in question at this time, the C.U.P. should specify that it is for residential use only, and that if the structure is intended to be occupied in the future by any type of home occupation, it must comply with the regulations of the Shorewood Zoning Ordinance. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Michael Spear c: . . I ~ ~~ ..,J~ ~~ \.) -rn "I Exhibit A . SITE LOCATIO~. al use perm1t cond1t1on Spear - . , I , ~I I -(~..y '" ~~- . . October 5, 1985 Brad Nielson City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Brad: Please find enclosed copies of site plans, floor plans and elevations for the proposed addition to our existing garage. The proposed garage addition will bring the total square footage of accessory buildings on our property to 1127 SF. Our lot size is 123595 SF and our house floor plan size is 1250 SF. This information is also shown on the garage floor plan drawing. Also enclosed is a check, in the amount of $200.00, to cover any expenses related to the issuance of the conditional use permit that we require. Please return any unused portion of this check to me at the address shown below. Thank you. Sincerely, -r",~~-S~ Michael S. ~ear 22570 Murray Street Shorewood, MN 55331 Phone 474-4431 Exhibit B APPLICANT'S REQUEST LETTER . ,.. <l1 \ \ j,;l.. c;. A L ,,".IS . t.A"~ . C0.-t.:.:'i~at\) of :~urveJ ~'c~' ~;jlbr.e :::. Boh:lch I..ot e~, .\\ll:itor's ~ubt!iv1sion ~o. 135 ~ennd~in County, M1nneoota ..'- . 'I-' s~~,., ~.." ,,,..# ./P.117 --- .., ~ in .... ... ~ ,.,1.73 ' - 7.L.". - - - \ . \ . t. . .., .: ~ '" .. .; .. " .. .- .: '" .. ,0/ ~. , , . ~ ... " ... "'~ ~ "' .:::~~. , , ... Wn-l Ii,..,,. cl till 115 Proposed garage addition .. . . III ... . . . I '11.7. . I. ,. Scale: t.a te : .Jt.M : :"."'-. '. ' ..... ""'.. . "4P- ....,g. .....0 ":.. . "~i- ,. , ~.." 'J,lJ1. ,~ .. '. J:: , " , . ...:::..... . to ~ ~ ~ "" . 11\ :' ~ ~ ~''''''-:'', .....:.r ..:::::-. ..... .. ~ ~ '" ......~ cP~.J":::.. '.~...~ '.... \..~, ." ' .~ .0." . JUf MVRRA Y ST,f'EET '" 1"= 100' 9-19-80 Iron aiarker Jud1a1 ,landmark Exhibit C PROPERTY SURVEY " I hereby certify that this is a tru~ and correct repre~entatjon of u survey of the boundaries of t~t Ptirt of Lot 85, Auditor's S~bdlvision N~be~ 1:5, H~nncpir. County, }.:lnnesota, describ~J ~: lX:iinnint.: at the Southwest corn~r of s~1d ~ot E5i thenc-e East along th~ Scu~h line of ~a ic Lot €5 to t1 point 473.5C feet ~est fro:!. the Southeast corner of Lot 84. in suid Auditor's Subdivision; it,ence Northerly, deflectinG to the left .89"1~ '19" a dh:- tance of ;4~.5J feet; thenCe Nnrtr.erly, defle~ting 'to the left ()o~9'17" a dis- tance of ;19.50 feet more or leES to the shoreline of G~lpins L~ke; thar.~e west- erly along said s~oroline to t~e ~est line of said ~t 85; thor,c-e Sout.h alonb said "'est line to th.~ point of Let,;ir.nin;;, and of the location of all b'ul1:i1rlE;s thereon. It does not purport. to sr.O\l other improvcr:ents pr encroa('hr:.~nts. I ..' ...... ...... ....... ..... .. ..... 0.. .. ".:;:"'. \ ..; .....: ':.:...~:. -', \ ':. "'7~. 5',,' " ... . . Nc. (,01.)4 Land Surveyor and Planner Long ~ke, l-!1nMSOUl. II r.c ~-"c~ of ~.f~, A...i.....S S..~Ji"..J,.1'J 13$ .-....~ , -- i"'- ~\t ~t .., "" "l . ~ ~ ::: j. 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"" ~ LJ ..c: 0....... 0 cu o~o tIl" '0 '0 ",0 Cl'> 1.1 I QI IV en - 0"1 X :.0- 01<0 III 0 ...' ,D 'O><tO~ltJ ~ . ~1 '~ will f'1 .c'OU (l .... .r-I .d ...... ~" CV:;l.u 10 > ~ (l) 41 c:: t:=........c OO,D :al...."e Ql - :> 0 "' :z 0'1 t'J "0 .... .~ .IJ III Ol ..., o z <: 00 ... I) ... Ol Ol.... .Dill e.... :>0. .... e '00 C!J.... ........ '" 0 GlJJ ... M u....... 0.... 4It;.a iU III :> 0'0 e Ql :a tt1 tI) .v C:>::: Ol 01 III ... '" . D">Ol tIl o "' ....10 .... ,Dill rJ ... ....'0 I) .. CIi Ol ..,0. 00 ... .. 00. <: (I ... (..'.0 .... Ol "'... o 0 -, 0 UJ'O ..... o o 0: . \ \ --~- -===t, Ql '" '0 .... !- i I I I I i i I I I I ~ I I I Ii I li i I ------------------ i ~ I i I I ,I ! 0< ILl '" .0: Q, o :c III '" '" o ~ LJ n 0< 0: o E< <1.1 '" o E< (J .0: 0: to< u '- ---1--- - I - ~'lt 1 ~q4-~ I r-".:i i, ,,f';Tr; II '. I I I I I I I I I I I I +--r-- I I I I ! i z () I .... [. I .... C.l i I '" '" I oi 0 I ILl I 01 I i 0 a. I ! g I 0- I I ... I I :. I 0 1 c.:.;; I I ... I I -L- -t- 1.1 i t " I 11 I I I ! i ,\~",'" ~p. / , I . ,.J , --. " - -- -- I -- ...... I -- "--+--- ---~-------- r~- I I I I I I I I I : I I I I '. ----l- I --. --. -- ._- ., I I I I I I I I I I I I t-------~ --------- .- ------ --.------ j , ------ - -.. .6-.7-'<: I Exhibit D FLOOR PLAN - ! i . I ~I Gi [Ii I I ~1 ~I ~I .... ~I 8"' ~l '" i I I -.L-L _ t . " 1 " ~ .... ji i: .. t.. ; > . t ~ . . z 0 ~. .... 0 ~ ,... < ~ > < til > ... til til ... til [~ '" Z 0 0 <Y. H t.. !Jl o I ~ - ~.~ ~;......;.;..-- . I I ' " I I o Exhibit E BUILDING ELEVATIONS I , I ;<" v d . . ;/ CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM FROM: PLANNING COMMISSION, MAYOR AND CITY COUNCIL '..) BRAD NIELSEN .1rt DATE: 6 NOVEMBER 1985 TO: RE: LANDFORM - SETBACK VARIANCE FILE NO.: 405 (85.35) BACKGROUND Tom Wartman, representing Landform, Inc., has requested a 20 foot rear yard setback to build an enclosed swimming pool at 5900 Boulder Bridge Lane (see Site Location map - Exhibit A, attached). As shown on Exhibit B, the proposed structure will be located at the rear of the existing house, 30 feet from the rear lot line. As you are aware Boulder Bridge Farm is zoned P.U.D., Planned Unit Development. ~hile several lots within the project were allowed setback reductions as part of the development agreement between the developer and the City, the majority of the lots are subject to the requirements of the R-1A district (previously the R-1 district). As such, the rear yard setback requirement is 50 feet. According to the applicant, the site plan for the existing house was designed to accommodate an outdoor swimming pool. Outdoor pools are only required to meet 60 percent of the required rear yard setback for any given residential district. The prospective buyer for the house wants an indoor pool (see Exhibits C and D), the structure for which must comply with the 50 foot requirement. ISSUES AND ANALYSIS It is important to understand that it is very difficult to demonstrate "hardship" for a swimming pool. Nevertheless there are several factors in the Landform request which suggest that the request may be reasonable. A Residential Community on Lake Minnetonka's South Shore q . . Planning Commission, Mayor and Council 6 November 1985 page two A. The lot is part of a P.ll.D. in which a certain amount of flexibility can be afforded. Setback reductions can be justified, to a degree, by the amount of common area which has been set aside to create more effective open space. With this in mind, several lots in the Boulder Bridge development have been granted various setback reductions as part of the development agreement between the developer and the City. B. Perhaps the overriding factor in this request is the fact that the lot in question is one of the lots that was allowed a setback reduction. Since it is a corner lot, which requires large setbacks on three sides, the lot was allowed a 35 foot front setback rather than the normal 50 feet. The developer chose to keep the building back at the 50 foot setback in order to maintain the continuity of open space from the common areas in the center of the project, along the street leading into the second phase lots. This suggests a tradeoff. If the variance is granted, the development agreement should be amended to require that the 50 foot setback on Boulder Bridge Lane be maintained. In doing so, nearly the same amount of open space is maintained on the site. It simply exists at the front of the lot rather than the rear. C. The lot in question is completely interior to the development, thereby only affecting Boulder Bridge residents. To a degree, their interests are protected by the architectural review committee for the project. D. The two adjoining lots (17 and 19) are vacant and owned by Landform. Anyone building on these lots will be aware of the reduced setback prior to purchasing the lots. E. The protective covenants for Boulder Bridge Farm cite a m~n~mum rear yard setback within the project of 30 feet. While this is inconsistent with the development agreement, it does tend to mitigate the concern that area residents have relied on a 50 foot rear yard setback when purchasing lots in Boulder Bridge. Presumeably those concerned about the variance will voice their concerns at the public hearing. RECOMMENDATION Based upon the preceding analysis the Landform variance request is considered reasonable. So as not to set an undesireable precedent relative to enclosed swimming pools, it is recommended that the Council resolution approving the request should clearly state the factors addressed herein. Also, the approval should be contingent on the developer signing an amendment to the development agreement, reducing the rear yard setback for Lot 18 and increasing its front yard setback back to 50 feet. cc: Dan Vogt Glenn Froberg Jim Norton Tom Wartman @ ~ ! -.c. ~ ..."", '" ... ... <'" ~~ I . Q III >>- U La ... i ill ,~ 2 > s .... .. ilt (> '^ L ..1 J .. -! .,. ~ ~ ...- C"'lo @ ~ ~ ~i~ "-..... "- ~ I\l C> ~ 1 ...~ llJ :~ "" ~ "t .~ L . J . K> I - . . I l!2 . ( - i ''r' f. j_' f I-!' f " l.....;' I J i:. """ (...J " t-_.. .~\~. ~.".~ ~. i "'j.0 / _..:< ___-I' j ~f/l~ , ,.. ./ i= ......:... -G~~ II Exhibit A SITE LOCATION MAP Landform - setback variance '- ~ . . (C> i II> Q ,;. ... ~ 0 0 0 <( \.D Q (; ~ () w c~ li w 0 ~ Q ~ i "' cr: II - 0 ([ ~ ~ ~ 0 < (/J >- . 0 ill ;; > ~ <t ([ '"' ~ :J ~ OJ l.\ . ~i - c If, ell .. ~ ., 0 ([ ill 0 .J ill <( .J z -! ~, (; , ci W z ..:, ~ .. . 0 0 _1 ~ I ! p (J 'n ,. '"0 e ~ ~ - ~ , c -= ;; - '" !' ~ J ': ., ;; ~-\ .- ~;.~ \..:. 2 I ~ / -/\ 1 -", . %- o/\.~- v~ ~ :>: u ~ > \ . w \. :> . :', l a: . u> ::J -z. ~ en ...) II. 0 u)-<. D ~q ~ -~ -..... 0. Co << W dl~ "" ~ ~ ~ "!.. -0 Co -::> ~ ct.~ U ft ~ - -6 II. ~ - ~ ... q a: -.J <'. W \. U Ii 0 IL --<) ------:.~ o .-- ',,' \ 0 \ 1\ ,: 1_-----0, \....._---~~ \, - I II \ '\ /" --ai""........ I I 6-----.. , . ~ ~ '.. <' . ~: 1. , , ota as.. a~l- e C. o c c. ~ ~ > C - J ~ '- > ~ . ~i~ :J c: ~ i ~ ~ ,.:, 'jj ':; ~ ~ ~, ~ ,; : c; :: : ~ ~- ~ t l'- ., , <? ., ~ j~ t\ :~ 'u 1~ \f ~ '2 - ",' c .J ~ :::. , j ..: . ." '- ~ ~. " 'fJ'>:)''''''O~ .' 3~al(JfJ ?J301noYJ _::. ,../1 3NlJQ Exhibit B SITE PLAN ~}.,:;~~.'r~A..,i'.:t. . , ")~ '.:';~~>:' ,,:,...t.:'_:,.:~. ~~~:,:U~~ . L'~ . t~-' ,~~~ ..... ;...ilJt.l"~'" lC7ilt'" '. ~~' __:.' ,.r. ~;"~'" m'. ~;;;"...f .Li'-!;' . ~.~_. r__..... - - .-' - .. .,,, ->;; ~..- ........... . . .~ ~ ~:t.f..i.;i" :;,_~ ;..~. .;~._.t.~-t.t;c ;;':/'.;:1 ;I"~' ::;-:-::t"~~. .... \,," .')fifi!':..~pf:f::~'- /(;'?:;~;~rt;;~f~:(;;(' . l' ' -(,~...,. . . .'f.~~it... .- .'- '.:;~~~11~ 9~Ci{f;.~ . .' .... i:t~d~"IJ.;' ". .. - -'.",-", .' ~-. ~.. ..... i r' ---.., i I I m ---1ll ell iJ no Ll ! 'z ;~ _.~~ it 1 I t . .... ". '.- ~ -... ... t i f' ~' . ' -"CO-- : --.----. . -. : '_ _Jk-. r-----... / ] I 'J - , I ~---------_t:I I 9 I '",' .t: I.: )lj'.";- ..... :.t..:....i;~t.. '*-1-~~:J.'t:i $.{. ..l<oG-; al" ~ I .~ ,; E. .. ~ r-~ :!'i J ! I,C :. Exhibit C FLOOR PLAN ~_:~.L ~~~~~~~~___~5~~--" :-<~.~ ..~ i' ...... -.~ '. ! . - +- .:i ~ 1- ts; "'- , E g ~, ~ . tJ I ;. ' . ~S-I t i----. U : ~ ~ ~l ~ ji i ti ' :...J - I ____ J - ----f , ... ':'~ ~;';{ -::-'~,>.t ...r-.... ~'- ....,.6~;if:?~}.1;:...: .:'. .. . ;...,r; .......'.;."-___... ~'~:" -iI!'~~5;4~I~~""'\'~.'~~~,t; .,~ .~_J!t.~~.(.. ..1-i:.,,1..!t~"'~~1~~'" - ":'" .....11.0 "<<n"'::.."~ . .- :-"-<tt-. ~. .)0-.., b-" o' ~ '"1.. f'.......l ~.....~ t';'.a';',..:r..' ........:..... .~:...' . . ...... .'~" ""t .........;i.. ..., .". "'1lIi...~;~,;;~. I".. ..- ~..;~ ..~;f~:'" ~. .... \. '" -~~ff~~':M:.t~.f. ....:. !'t........~. 'i~~i~ ;.~IJ~: 1 _..,.I~~~~-1;'\:~f'.:,: -,:; ~'1".: ,:. . "'.~..,..Jil~<~n.4., .~1''I:. -:;l1 . ',:--.' ~.. ..... .:. ~..;-..r. if ;e.;t:;' ..:.,.' :.';. . .~: ~ ~. .. o:~ .... . '. .__:.... ~"'~t"......,,:.: ......" 'S' .', ..' . :'!" ; ..~~:'~~;:~:.,..~~~-:. ~rt'~.~..~..;- A~~'" '.' :";' -..:"- .:-.-..-'" .":"'.,.~:t..--:. ....~.~lic: .:~- "'.~.. ._" " ;~ ~'.t"".~~~3 ~ 'I 0 .~o. ,4:- . po. _o:"-:\:-...~_~-:~..i...."~' ......4:,.- ,.'\,0:". . , . ;'., ,. ;f. .,' ~. .. . . ..... ~_. . , ..9 " '.. t- # ~. ...... i.," .:;. ,o,.;};~/o; . ........ .' ..~'.: :~:,~;,t.{~~~!'~~ "':.~'. ".......... '.,... .J.~~. ..:..~,!'-...., ,-: a . >>0- . . ;;~i... ....;ji, . . -:-."--';'. ~; ~ Exhi bit D BUILDING ELEVATIONS ~. ~--- _.' ~ '::' .~\'!",:,~..'.:.4i OJ-,_ -~'. .~ Lf 'F'-_j.. '....'11 I I ! t' \1 l O' f" \~ x.-<'r,. (I C .., ,1 r ,I 'r \. I T '~-\. h .r ..____..... \ '. ~ .. O. , 1 \' " . . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN .~ DATE: 6 NOVEMBER 1985 RE: MERIDIAN CONSTRUCTION - SIMPLE SUBDIVISION OF A TWO-FAMILY RESIDENTIAL LOT FILE NO.: 405 (85.36) BACKGROUND Meridian Construction Company, Inc., on behalf of Harold~)ohnsen, proposes to build a "zero lot line" two-fami ly dwell ing on Mr. Johns-en' s property located at 6065 Lake Linden Drive (see Site Location map - Exhibit A, attached). The request requires a simple subdivision and is subject to the requirements of Section 200.03 Subd. 16 of the Shorewood Zoning Ordinance. The property in question is zoned R-3A, Multiple-family Residential, in which two-family dwellings are listed as permitted uses. The lot contains approximately 24,380 square feet of area. The proposed unit lots, as shown on Exhibit B, would contain 11,379 and 13,001 square feet. Land use and zoning surrounding the subject property are as follows: North: East: South: West: Single-family residence, zoned R-3A Single-family residence, zoned R-1C Vacant land, zoned C-3 Vacant land, zoned R-2A ANALYSIS/RECOMMENDATION The applicant's plans are in compliance with the requirements of the Shorewood Zoning Ordinance, specifically: A. The base lot contains 24,390 square feet of area, 4,380 square feet more than the minimum lot size required in the R-3A district. A Residential Community on Lake Minnetonka's South Shore / ~ .LI :J ::t: :> . , m :::J ...J U .. .. .. ... .. .. .. .. .. v >-= ~ :c ~ Exhi bit A SITE LOCATION Meridian Construction - simple subdivision of a two-family lot ..--~------ .D~ ....I NVld. :z; < ~ A-t ~ E-< H j:QCI) +J~ ..... CI) ..co ..... A-t ..c:O ><p::; ~A-t ..~.... r ----- ~____. 7 . ~~h-:i~~Y\ .-- O~6 ---.. ..- --- ;._____-- Y. - ,:,'(:'/ . "\\..- A.J-t- "'r:.;oj . ..._'" r~ -: It~'. ... ' . /C. \ -- r.'v \ ...... "'-II "- ... ' -.--. (tcfi, ....\. ,"" ~ "11 ,:~~~;/~ -'\ ~ ;~.\ \ "'- " Q.. \ ~ " \ ~ ""', "\ c'/ ~~ " ",.6 ---...., '" \~ l!(" \ _ _ -'\0" ~~" '\ ~ P-:, " , ".: :IA "\ ~ -\: - )' --..... \ '.~ L, \', \ / -------/ '-... \'" " " ~--~ --.... '-'" '\ \ :=:::_ ..:=_-::-__ ....... ~Gt" \ \ 'if - - ~ ~, .~ \\ \ \ \~-- " \\ \ \ ~ -\- -----e~6 ,-\-~ \ \ ~ \ \ \ \ \ \ , ~ Y~OI \) J~~-Oj) \ ) / / . / / / ,'! // / / ( ( \ " \ .\ ""'- .\. /". ,,((/ t v'" ,,' r./'/ y1 \ \ s \ . " '-" ~I..l, --- " '-. ~Gh "-=- ., --- -'.-.- -.---'"' '291, -- - ~ "t __ - . ~,,/;- - -- - 't)\ // (\ / ~'" / -.-/. .. <t- - ~9b _ ... - d) If' -,3 ---- - - \' 4 '-- .,.... / . --..I \. O",:?{ft1L' ,')~ \L'~~ \ \ \~'.)~O"J ~n/'"'" ./ I i / . // / / ~,~ . . . DECLARATION AND COVENANTS ESTABLISHING PARTY WALL This Declaration establishing, granting and providing for the maintenance of a party wall, is made this day of , 1985, by (hereinafter referred to as WgrantorW); WITNESSETH: WHEREAS, the undersigned grantor is the fee owner of the real estate described on Exhibit wAw attached hereto, (hereinafter referred to as wpremisesW) situated in the City of Shorewood, county of Hennepin, State of Minnesota, and: WHEREAS, there now or hereafter will exist upon said premises, a one story frame building to be used and constructed as a duplex residence to be known as Lake Linden Drive, Shorewood, Minnesota; and WHEREAS, in the construction of said duplex residence, there is or will be a common wall dividing and separating said residence into two distinct duplex units (hereinafter referred to as wunitsW); and WHEREAS, it is the intention of the undersigned grantor to subdivide the aforedescribed real estate into two separate and distinct parcels which will be legally described as follows, to wit: parcel One: Exhibit C-l MAINTENANCE AGREEMENT . . parcel TWO: WHEREAS, upon completion of the subdivision of the premises into two separate parcels, the common wall dividing said duplex units will rest on the property line dividing the premises; and WHEREAS, it is the intention of the undersigned grantor to hereby declare, create and establish as a party wall, the common wall dividing said duplex units and to create in favor of each owner of said duplex units, reciprocal easements, rights and duties for the use, maintenance and enjoyment of said party wall and to create protective covenants relating to the maintenance and exterior appearance of said units. NOW, THEREFORE, the undersigned grantor for the purpose of establishing and declaring a party wall between the aforesaid duplex units on said premises and for the further purposes above set forth, does hereby declare and establish the following conditions, restrictions and covenants and does hereby state as follows: 1. That certain common wall dividing the aforesaid duplex units and resting on the property line which subdivides the aforedescribed premises shall hereafter become, remain and be maintained as a party wall and as the common property of the owners of each of said duplex units, their respective heirs, -2- C-2 . . ~ assigns and grantees, and to the extent not inconsistent with the provisions of this Declaration, the general rules of law regarding party walls and of liability for property damage due to negligence or willful acts or omissions shall apply thereto. 2. This declaration and the covenants and easements herein created are and shall be perpetual and construed as covenants running with the land so long as the party wall continues to exist and shall bind and inure to the benefit of the undersigned grantor, his heirs, successors, assigns and grantees. The rights created by this Declaration, including the right of any owner to contribution from any other owner, shall be appurtenant to the parcel and shall pass to such owners' successors in title. 3. This declaration and the covenants, easements and terms herein contained may be amended only by unanimous written agreement signed by all of the then owners of each unit. 4. In the event of damage or destruction of said party wall from any cause, any owner who has used the wall may restore it and shall have an easement over the adjoining property for purposes of making such restoration, the expense of repair or rebuilding of said wall shall be borne equally by the owners of each of the duplex units and whenever the party wall or any portion thereof shall be rebuilt, it shall be erected on the same place where it stands and be of the same size as of the date hereof unless otherwise agreed upon by all of the then owners of said duplex units. Nothwithstanding the foregoing, however, one owner may call for a larger contribution from the -3- C-3 . . other owner under any rule of law regarding liability for negligence or willful acts or omissions. 5. Notwithstanding any other provision of this Declaration, any owner who by his negligent or willful act, causes any party wall to be exposed to the elements or excessive heat or cold shall bear the whole cost of furnishing the necessary protection against such elements or heat or cold, and of repairing the party wall from damage caused by such exposure. 6. If any portions of a house or unit upon one of the parcels shall actually encroach upon the other parcel, or if any such encroachment shall hereafter arise from settling or shifting of the building or other cause, there shall be deemed to be an easement in favor of the owner of the encroaching house or unit or improvement to the extent of such encroachment so long as the same shall exist. 7. Each owner of a parcel agrees to indemnify and hold harmless the owner of the adjoining parcel for any mechanic's liens arising from work done or materials supplied to make repairs or replacements for which the indemnifying owner is responsible. 8. Any owner shall have the right to enforce by any proceeding at law or in equity or both all the terms and provisions of this Declaration. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 9. In the event of damage to or destruction of one or -4- C-4 . . both of said duplex units, the expenses of repairing and/or rebuilding of each respective unit and the determination of whether or not to repair or rebuild said unit shall be the sole responsibility of the owner of that respective unit. The expense of repair or rebuilding of the party wall itself shall be as set forth in paragraph 4 above. 10. Each owner of the duplex units shall have the right to break through or into the party wall for the sole purpose of repairing or restoring sewerage, water, or utilities, subject to the obligation to restore said wall to its previous condition at his own expense. 11. No persons shall have the right to add to or detract from the party wall in any manner whatsoever without the consent of the owners of both of said duplex units, it being the intention that the party wall shall at all times remain in the same condition as when erected. 12. No modification affecting the bulk of either of the duplex units nor any disposition of the party wall shall be made without obtaining the prior written consent of the c:it:Y council of the City of Shor~wo04. 13. The owners of each respective parcel or lot as legally described above will be solely responsible and liable for the care, maintenance and upkeep of the grounds comprising their parcel or lot, and said owners shall be solely responsible and liable for the costs and expenses of maintaining and repairing the duplex unit which is situated on their respective parcel or lot, and both of said owners shall be required to keep -5- C-5 . . and maintain both their parcel (lot) and their unit in good condition and repair. 14. The owner of each unit shall maintain the exterior appearance of his unit and of his parcel (lot) in harmony with the appearance of the other unit and lot. The exterior design and appearance of one unit shall not be changed or altered except simultaneously with a similar and harmoneous change or alteration to the other unit and lot. 15. The exterior painted surfaces of the two units shall be at all times painted identically. Any proposed change in the exterior colors must first have the unanimous consent of the owners of both units. 16. The roof of the two units shall be maintained in the same color, style, and quality of roofing material. Any proposed change thereof must first have the unanimous consent of the owners of both units. 17. If any question or difference shall arise between the owners of said duplex units as to the construction of this declaration or as to the amount to be paid by either party hereunder, or as to any matter relating to the party wall or any repairs or rebuilding thereof, the same shall be referred to three arbitrators, one each to be appointed by the owners of each unit, and a third to be chosen by the two thus appointed and a decision by the majority of them shall be final as to such question. IN TESTIMONY WHEREOF, the undersigned owner has caused this declaration and the covenants contained herein to be -6- C-6 . . . executed in his name the day and year above first written. STATE OF MINNESOTA ) ) SSe COUNTY OF HENNEPIN ) On this notary public within appeared person described in and his free act and deed. day of , 1985, before me a and for said county, personally to me personally known to be the who executed the foregoing instrument as Notary public -7- C-7 ) E3 Ii ,B!~ " ; I ! jl I' !o~ 61 ~~ E3 I B i \ ~ c! , ..-.-----~"....~;-;.:::--.~.....':~~'1~ ~.~l:.'.~~:~:;711~,. ''''_;''':~ '''..'. ~...i"~ l :0 t~ r. \ .'. . . . - ,:; .,\~(~ \ .\ r. I.... ~. 'I;if ' l, I : f. L, -, J I ~ ,j ! <:'.lj,: . ,I ; ,j" '.Fh. I,"! ;!'r]';:';1l,j~,i', . ,': - ... ., :~, ~I , ~I"; :~ ~\';lfi.' : "il I~,: ; j r; ,! ".;'" l; ;t 'I I, " " III 'I, ,; I : '''I I... i~ i!1 i ~ i '~i IW i.~ I :gl --~ /. \" '~.: ~ '> ...... , t' -\... Exhi bit D BUILDING ELEVATIONS ,. "~ .. 'I ~~ ;:. .. . , 'I if t~ I! :a~ U !~ jl. ~1 i I~; .' ... II Imil,! IJ!~I i 'Ihlt~ Il h j d · LUnDGREn · BROSCONSTRUCTION . INC. 935 EAST WAYZATA BOULEVARD. WAYZATA, MINNESOTA 55391 . (612) 473-1231 November 5, 1985 Shorewood City Council c/o Brad Nielsen 5755 Country Club Road Shorewood, Minnesota 55331 Honorable Mayor & Councilmembers: Lundgren Bros. herewith respectfully requests approval by Shorewood to construct a 41 x 81 subdivision sign at the corner of Covington Road and Vine Hill Road on the Near Mountain property. The purpose of this sign, as the attached rendering demonstrates, is to direct prospective homebuyers to Trappers Pass, a mid-to-upper price bracket single family phase of the Near Mountain project. The sign is needed because of the great size of our property (over 300 acres). As the crow flies, it is almost two-thirds of a mile from the Vine Hill-Covington intersection to the entrance to Trappers Pass -- too far for any development activity to be visible. With the building and marketing activity which is now occurring on Covington Road, for us not to communicate the proximity of Trappers Pass, upon which media dollars are already being spent, would be foolish. As you are probably all aware, the first phase of Near Mountain- Shorewood will soon be presented for your approval. Our revised Preliminary Plan has been discussed before the Parks Commission (November 4th) and will undergo informal review by the Planning Commission on November 19th. With your assistance, we should be building homes in Shorewood this coming year. In the meantime, we ask that you permit us to participate in the excitement which the development of southeast Shorewood has already generated. Near Mountain is unusual for its large size and the fact that it lies in two municipalities -- but it is one project. . . November 5, 1985 Shorewood City Council Page 2 To the extent that our sign will contribute to the perception of the area's appeal and vitality and to the momentum of the Near Mountain project, Shorewood will benefit from it. Respectfully submitted, ~~os. \J!~ Peter Pflaum President CONSTRUCTION, INC. PP/md enclosures . Construction:: Painted plywood within 4" x 6" frame. Dimensions: 51 x 111 Message Area:. 41 x 81 (message on both sides). Illumination: none <>. " . '~.' . ';". \ , ' , I i JI. .. . _OND DRAFT ORDINANCE NO. AN ORDINANCE PERTAINING TO DISPOSAL OF GARBAGE, RUBBISH, AND TRASH, AND ESTABLISHING CONDITIONS FOR LICENSING COLLECTORS OF SAME The City Council of the City of Shorewood does ord~in: CHAPTER 406. REFUSE COLLECTION AND DISPOSAL 406.01. DEFINITIONS. subd. 1. Words and Phrases. For the purposes of this ordinance, the following words and phrases have the meanings given them in this section. subd. 2. Garbage means organic waste resulting from the preparation of food and decayed and spoiled food from any source. subd. 3. Recyclables include paper, plastic, tin cans, aluminum, motor oil, glass, and other metal goods, each separated or otherwise prepared so as to be acceptable to the recycling center where they are to be deposited. subd. 4. Rubbish means inorganic solid waste such as tin cans, glass, paper, ashes, sweepings, etc. subd. 5. Refuse includes garbage and rubbish. 406.02. GENERAL REGULATIONS. subd. 1. Unauthorized Accumulation. Any unauthorized accumulation of refuse on any premises is a nuisance and prohibited. subd. 2. Refuse in Streets, etc. No person shall place any refuse in any street, alley, or public place or upon any private property except in proper containers for collection. No person shall throw or deposit refuse in any stream or other body of water. subd. 3. Scattering of Refuse; Composting. No person shall bury any refuse in the City except in an approved sanitary landfill, but leaves, grass clippings, and easily biodegradable, non-poisonous garbage may be /<.1 I tL_ . . composted on the premises where such refuse has been accumulated. Garbage may be composted only in a rodent-proof structure and in an otherwise sanitary manner and after the Council gives its approval to such composting after it finds that the composting will be done in accordance with these standards. 406.03. DISPOSAL REQUIRED. Every person shall, in a sanitary manner, dispose of refuse that may accumulate upon property owned or occupied by him. Garbage shall be collected, or otherwise lawfully disposed of, at least once each week during the entire year. 406.04. CONTAINERS. subd. 1. General Requirement. Every householder, occupant, or owner of any residence and any restaurant, industrial establishment, or commercial establishment shall provide on the premises one or more containers to receive and contain all refuse which may accumulate between collections. All normal accumulations of refuse shall be deposited in such containers. Leaves, trimmings from shrubs, grass clippings, shavings, excelsior, and other rubbish of similar volume and weight may be stored in closed containers not meeting the requirements of subd. 2. subd. ~1. . ;J r . \jV {tVD .rl "~ 1ft if 0 subd. 3. Container Requirements. Each container shall be water-tight, impervious to insects and rodents, fireproof, and shall not exceed 32 gallons in capacity, except that any commercial or business establishment having refuse volume exceeding two cubic yards per week shall provide bulk or box-type refuse storage containers of a type approved by the City. Containers shall be maintained in good and sanitary condition. Any container not conforming to the requirements of this chapter or having ragged or sharp edges or any other defect likely to hamper or injure the person collecting the contents shall be promptly replaced after notice by the City. Placement. Where an alley open to traffic is available, each container for premises abutting the alley shall be placed at the rear of the property next to the alley. Where no alley exists, the container shall be placed at the rear door of the building to which it relates. In that case, the container shall . . be placed at the front property line for collection but it shall not be so placed before 7:00 p.m. the night before collection and shall be removed by 7:00 p.m. the day of collection. SUbd.~ Use of Containers. Refuse shall be drained of liquid and household garbage shall be wrapped before being deposited in a container. Highly inflammable or explosive material shall not be placed in containers. 406.05. COLLECTORS LICENSE REQUIRED subd. 1. License Required. No person shall permit refuse to be picked up from his premises by an unlicensed collector. subd. 2. Application. Any person desiring to be licensed as a collector shall make application to the City Clerk on a prescribed form. The application shall set forth: a. the name and address of the applicant; b. a description of each piece of equipment proposed to be used in the collection; c. The proposed charges to be made of those who use the service; d. a description of the kind of service proposed to be rendered; e. the place to which the refuse is to be hauled; f. the manner in which the refuse is to be disposed of. subd. 3. Insurance. No license shall be issued until the applicant files with the clerk a current policy of public liability insurance covering all vehicles to be used by the applicant in the licensed business. The limits of coverage of such insurance are: a. each person injured, at least $100,000; b. each accident, at least $500,000; c. property damage, at least $25,000. . . subd. 4. License Fees. Licenses shall be issued for a period of one year. The license fee shall be established by Council resolution from time to time. 406.06. REFUSE COLLECTION SCHEDULE. Each licensee shall collect refuse from premises for which he has a collection contract according to the following minimum schedule: daily from hotels, restaurants, and other premises, which in the judgment of the City require such collection, and weekly from residences and other premises. No refuse shall be collected before 6:00 a.m. or after 7:00 p.m. of any day. 406.07. COLLECTION VEHICLES. Every refuse collection vehicle shall be lettered on the outside so as to identify the licensee. Every vehicle used for hauling garbage shall be covered, leak-proof, durable, and of easily cleanable construction. Every vehicle used for hauling refuse shall be sufficiently airtight, and so used as to prevent unreasonable quantities of dust, paper, or other collected materials to escape. Every vehicle shall be kept clean to prevent nuisances, pollution, or insect-breeding, and shall be maintained in good repair. Enclosed "A~ refuse vehicles shall not be driven upon residential property,~~ including driveways, and shall be confined to public streets, ~ roadways, and alleys and to commercial parking lots and driveways n.^^ where authorized by the owner. This provision shall not apply to 3/4~~ ton pickups used as auxiliary vehicles engaged in picking up refuse and placing it in enclosed vehicles. Such 3/4 ton pickups shall not be filled to such a height that refuse spills therefrom; any refuse spilled or dropped shall be immediately picked up. 406.08. WEIGHT RESTRICTIONS PERTAINING TO COLLECTION VEHICLES. All collection vehicles shall be subject to the weight restrictions imposed by Shorewood Ordinance No. 406.09. PENALTY. Any person who shall violate any provision of this Ordinance shall be guilty of a misdemeanor. 406.10. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. . . Adopted by the City Council of the City of Shorewood this ____ day of , 1985. CITY OF SHOREWOOD Mayor ATTEST: City Clerk . - . . FIRST DRAFT ORDINANCE NO. AN ORDINANCE IMPOSING WEIGHT RESTRICTIONS UPON THE USE OF STREETS AND HIGHWAYS WITHIN THE CITY OF SHOREWOOD, MINNESOTA, AND IMPOSING PENALTIES FOR VIOLATIONS THEREOF The City Council of the City of Shorewood does ordain: CHAPTER 704. WEIGHT RESTRICTIONS ON CITY STREETS 704.01. The purpose of this ordinance is to preserve the condition of the public streets within the City of Shorewood from serious damage and destruction by the excessive use of the streets by trucks and other heavily laden vehicles, to reduce the amount of loss and expense to the taxpayers of the City for street maintenance, and to reduce the amount of dirt, noise and other undesirable conditions created by such traffic. 704.02. GROSS WEIGHTS EXCEEDING 8,000 POUNDS UNLAWFUL EXCEPT ON CERTAIN STREETS It shall be unlawful for any vehicle or combination of vehicles at any time to operate upon the streets or highways within the City with a gross weight of any single axle exceeding 8,000 pounds except as follows: subd. 1. Such street or highway is specifically exempted from the provisions of this Section by the provisions of Section 704.05 or subd. 2. The owner of such vehicle or combination of vehicles has first obtained from the Director of Public Works a permit setting forth the route or routes, the period of time, and the conditions under which such vehicle or combination of vehicles shall be operated. subd. 3 The Director of Public Works is hereby empowered and it is hereby made his duty to issue or deny, or issue in modified form, such permit upon application and to prescribe therein the route or routes, the period of time, and the conditions for operation under each such permit, and in determining such route or routes and such conditions, the Director of Public Works shall permit maximum use of the particular highways and bridges consistent with the maximum capacity of such highways or bridges, as determined by highway engineering practice. ~L /,0 . . subd. 4. The Director of Public Works shall have the power to revoke or modify the terms of any permit at any time in the event of operations in violation of any such permit or in the event of changed conditions requiring such action. The original or a correct copy of the permit under which operations are being conducted shall be carried at all times in the driver's cab or in any vehicle or combination of vehicles while the same is being operated thereunder. 704.03. SCHOOL BUSES EXEMPTED School buses are given special permission to proceed with normal operation of their regularly established routes and at all regularly established hours. 704.04. EXEMPTED STREETS The following streets or highways within the City are specifically exempted from the provisions of Section 704.02: Apple Road Boulder Bridge Drive Boulder Bridge Lane Chartwell Hill Christmas Lake Road Christmas Lane Country Club Road Covington Road Eureka Road Howards Point Road Lake Linden Drive Manor Road Mill Street Minnetonka Drive Murray Hill Road Old Market Road Pine Bend St. Alban's Bay Road Shady Hills Circle Shady Hills Road Shady Lane Smithtown Road Third Avenue Vine Hill Road Water ford Circle Water ford Place Yellowstone Trail 704.05. PENALTY Any person who shall violate any provision of this Ordinance shall be guilty of a misdemeanor. 704.06. REPEALER Upon the effective date of this Ordinance, Ordinance No. 163 is hereby repealed. . . 704.07. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Shorewood this of , 1985. day CITY OF SHOREWOOD Mayor ATTEST: City Clerk ,. . . NOV. 2 1 1985 November 20, 1985 Mr. Dan Vogt City Administrator City of Shore wood 5755 County Club Road Shorewood, Minnesota 55331 Dear Dan: As discussed with you this morning a serious problem has developed out on Enchanted Island that needs to be resolved. I know that you have been brought up to date and the mayor and several other city officials have personally experienced the problem of beavers destroying all of the trees along Enchanted Lane. In the last two years over three dozen trees of various sizes from small twigs to major 30 foot trees have been taken down from the Enchanted Island Bridge down to the Shady Island Bridge. I have had a conversation with Mr. Jim Conrad who is Game Warden for the Conservation Department. Mr. Conrad has suggested that since the city does not permit trapping, the Conservation Department's hands are tied and they cannot do anything to solve what is in Mr. Conrad's opinion a very serious problem in our area. The problem is not just that the trees are being taken down, but it is where the trees ultimately end up. There is only one road for all of us to get off the island and every other day there is a tree that has fallen into the road. It is extremely dangerous. All of us out here believe that we live in a very special environment that brings harmony between humans and animals. However, the beavers have expanded their area of distruction. They have now come across the main road onto landscape areas. One morning when I was on my way to church I opened my garage door only to find that a beautiful 30 foot tree had fallen onto my driveway next to my house. I could not have imagined what had caused it until I observed that half of the tree had been removed by the beavers. It was very evident from the way the tree had been taken down that the beavers had done the damage. My concern is that if this is allowed to continue all of our beautiful trees that we have planted over the years will become victims of the beavers and the natural environment provided for by these trees for birds, wood ducks, owls, etc. will be destroyed. 15 f+ ~ ' . . There is a serious beaver over population now. compounded if no positive action is taken now. permission be given on a special one-time basis to rid us of this problem. bur problem will be Therefore, I request that to allow the game warden I 'Would appreciate your bringing this matter to the attention of the Mayor and City Council and afterwards advicing me as to the cities position on this matter. Please feel free to contact Mr. Conrad at 472-4985. He would welcome a call from the city. In advance, thank you for your help. Si~, .' cbf. J. Yani;'~ 4245 Enchanted ~e Shore wood, Minnesota 55364 522-2100 ~ . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMO TO: Mayor and Councilmembers Dan Vogt -Tf{f November 21, 1985 FROM: DATE: SUBJECT: Animal Control Contract Renewal Attached to this memo you will find the proposed 1986 White Bear Animal Control, Inc. Service Agreement for the City. The rates used in the proposed Agreement for 1986 represent a 7% increase over 1985. The City has is on file. prior to the also received the Insurance Certificate. Said Certificate I will discuss the Certificate with Councilmember Shaw meeting. I have checked with several surrounding communities relative to animal control. It seems as though almost everyone uses White Bear. Increases in rates are constant in all communities. DJV:ph A Residential Community 'on Lake Minnetonka's South Shore ;.51J . . REC'O N UV U t> I~O AGREEMENT / ~ --T" 1_ AGREEMENT, made and entered into this _ day of~~NU~~T , 198~; by and between WHITE BEAR ANIMAL CONTROL, INC., hereinafter referred to as "WBAC" and the CITY OF SHOREWOOD, a municipal corporation, County of Hennepin, State of Minnesota, hereinafter referred to as "CITY/TOWN". WITNESSETH: That WBAC, in consideration of the covenants and agreements of CITY/TOWN hereinafter contained, hereby covenants with CITY/TOWN that WBAC will provide Animal Control Service to CITY/TOWN pursuant to the following provisions: 1. That WBAC shall pick up animals found in violation of CITY/TOWN's ordinances in a vehicle appropriate for the transportation of small animals. Patrol service shall be provided in accordance with a schedule mutually agreed upon by the parties hereto. Standby call-out service shall be provided on a twenty-four (24) hour basis at the specific request of CITY/TOWN's law enforcement agency and/or a previously specified official of CITY/TOWN. 2. That patrolling shall be performed by competant WBAC personnel trained in the handling of animals. That such personnel shall be subject to approval by CITY/TOWN at CITY/TOWN's request. 3. That WBAC shall equip, service and maintain all vehicles used for Animal Control Service with two-way radios or other communication. 4. Pursuant to Minnesota Statute 35.71, WBAC shall impound all animals picked up in CITY/TOWN at its Animal Shelter located at 506 11th Avenue North, Minneapolis, Minnesota. Said animals shall be confined in a humane manner for a period of not less than five (5) business days or until claimed by an owner. Animals not claimed before the expiration of five (5) business days shall become the property of WBAC. If an animal is not so claimed, WBAC may dispose of said animal in a humane manner, pursuant to Minnesota statute Section 35.71, Subd. 3. 5. That all impoundment fees shall be returned by WBAC to CITY/TOWN. 6. That euthanasia service provided by WBAC shall be administered by qualified personnel and the disposal of animal carcasses ~hall be performed as required by Minnesota Statute Section 35.82, Subd. 2 (a). . . 7. That WBAC shall assume all liability for all harm to persons, animals and property due to its negligence or the negligence of its employees or agents arising from the performance of this contract and agrees to defend any legal actions arising therefrom. WBAC shall hold CITY/TOWN harmless and provide CITY/TOWN with proof of public liability coverage, in the amount of at least $200,000 per each claimant and $600,000 for each occurrence, covering the performance of this contract. Further, WBAC will furnish CITY/TOWN a certificate of insurance evidencing statutory Workers' Compensation coverage for all WBAC employees. 8. That during the duration of this contract WBAC shall not, within the state of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin, or ancestry and shall include a similar provision in all subcontracts entered into for the performance hereof, this paragraph being to comply with the provisions of Minnesota Statute Section 181.59. 9. That WBAC shall keep accurate and detailed records of the impounding and disposition of all animals picked up in CITY/TOWN and furnish monthly reports to CITY/TOWN as to the services performed during the month. AND CITY/TOWN, in consideration of said covenants and agreements of WBAC hereinbefore contained, hereby covenants with WBAC that CITY/TOWN will obtain Animal Control Service from WBAC pursuant to the following provisions: 10. That CITY/TOWN shall pay to WBAC a monthly sum for Animal Control Service pursuant to the following schedule: A) Price per hour for scheduled patrolling based upon actual time in service for CITY/TOWN..........$19.l0 ! "Sc..) i :) ~,,)~' n8S- B) Price per call for unscheduled call-out service during the regular weekday working hours of 6 a.m. to 6 p.m...........................$22.50 2/. ~ C) Price per call for unscheduled call-out service not during the regular weekday working hours of of 6 a.m. to 6 p.m................$33.75 31, ~-u D) Price per animal per day, or fraction thereof, to board impounded animals for CITY/TOWN............$5.65 ~40 E) Price per animal (dog or cat) for euthanasia........$7.25 7/03- . . 11. That CITY/TOWN shall pay a fixed veterinary bill in the amount of $25.~~ per animal for unclaimed animals requiring medical attention. Owners claiming their animals shall be charged the veterinary bill in its entirety. 12. The charge for animals picked up at the request of an owner shall be charged to such owner at the rate of $25.~~ per animal. 13. That CITY/TOWN shall make all payments provided herein promptly upon receipt of monthly statements from WBAC. 14. That CITY/TOWN shall appoint the Animal Control Wardens of WBAC as CITY/TOWN Animal Control Wardens with powers to enforce CITY/TOWN Animal Control ordinances. THIS CONTRACT shall be in full force and effect from the date first above written to the 31st day of December, 1986, unless earlier cancelled be either party upon thirty (3~) days written notice to the other party of the cancellation thereof. IT IS MUTOALLY AGREEO, by and between the parties hereto, that all the covenants and agreements herein contained shall extend to and be obligatory upon the successors and assigns of the respective parties. IN TESTIMONY WHEREOF, the parties have caused this contract to be signed in their behalf by the proper officers thereunto duly authorized and their corporate seals to be hereto affixed, the day and year first above written. WHITE BEAR ANIMAL CONTROL, INC., a Minnesota corporation CITY OF SHOREWOOD by its Vice President by its Ma yo r .,- CHECK NO. 31266 31267 31268 31269 31270 31271 31272 31273 31274 31275 31276 31277 31278 31279 31280 31281 31282 31283 31284 31285 31286 31287 31288 31289 31290 31291 31292 31293 31294 31295 31296 31297 31298 31299 31300 31301 31302 31303 31304 31305 31306 31307 31308 31309 31310 31311 31312 31313 31314 31315 31316 . . GENERAL FUND - BILLS PAID SINCE NOVEMBER 12, 1985 TO WHOM PAID PURPOSE AMOUNT Robert Rascop Nov.'85 Mayor salary 150.00 Jan Haugen Nov. '85 Council salary 100.00 Tad Shaw " 100.00 Robert Gagne " 100.00 Kristi Stover " 100.00 MTI Distributing Hydrau Lic Broom 5,230.00 Koenig, Robin,Johnson Legal Serv/Theo. Brouillette 90.00 LMCIT Risk Insurance 41,120.00 LMCIT Work Comp Ins 12,142.35 Void Void 0.0 .MPELRA Col1. Bargaining Workshop 45.00 Dennis Johnson 80 hrs 560.59 Bradley Nielsen 80 hrs 715.55 Daniel Randall 82 hrs 572.34 Void Void 0.0 Void Void 0.0 State Treasurer Bldg. Permit Surcharge 940.29 Evelyn BAck 80 hrs 758.95 Charles Davis 80 hrs 535.33 Sandra Kennelly 80 hrs 664.87 Susan Niccum 80 hrs 390.16 patricia Ray 80 hrs 480.91 Kathleen Schwankl 80 hrs 466.28 Void Void 0.0 Daniel Vogt 80 hrs 852.07 Ralph Wehle 80 hrs 521.59 Donald Zdrazi1 80 hrs 737.23 Gen'l Communications Repair Garage radio 34.00 Howard Stark 82 hrs 568.60 State Treasurer FICA - Nov. 10 Payroll 1,568.78 Minnetonka State Bk Nov. 10 Payroll - FWH 1,266.00 Donald Zdrazi1 MN Street Supt. Mtg 15.17 Commissioner of Rev. Nov. 10 P~yro11 - SWH 583.00 State Treasurer Nov. 10 Payro1l- PERA 917.92 City-County Credo Un, Stark, Nielsen 42.00 ICMA Ret. Corp. Beck, Zdrazil 140.00 ASCME LOCAL # 224 Union Dues 41.22 Evelyn Beck Mileage 84.48 Bradley Nielsen Mileage 40.70 Met. Waste Cont. SAC charges - Oct. '85 1,683.00 Henn. Cty. Postal Verification Cd. 5.18 Sandra Kennelly Compo Furniture Shopping 7.04 AmeriData Tr. Ctr, Computer Classes - Schwankl 75.00 Glenn Froberg Legal/Trivesco/Research water4,020.00 Land Care Haul brush 125.00 Associated Asphalt Road Mix 1,587.18 Belle Plaine Block Concrete Tile 16.20 C.H. Carpenter Cathcart Pk Hockey 311.04 Chanhassen Lawn/Sports Equip. Maint 10.20 The Dale Green Co. Black Dirt - Cathcart Pk. 120.00 Desco Data 3 Telephone 168.75 Continued next page............ CHECK NO. 31317 31318 31319 31320 31321 31322 31323 31324 31325 31326 31327 31328 31329 31330 31331 31332 31333 31334 31335 31336 31337 . . GENERAL FUND - BILLS PAID SINCE NOVEMBER 12, 1985 TO WHOM PAID PURPOSE Rolf Erickson Nov. '85 Assessing/Filming Hance O.O.H Off./Crescent/Cathcart Henn. Cty. Treas. Board & Room H.C. Mayer & Sons Diesel Fuel Jim's Repair Equip Maint Long Lake Tractor Equip Maint Louisville Landfill Dumping fee Matthias, Roebke Maiser Aug. '85 Fin. State. Metro West Insp. Bldg. P1bg. Mech Insp Midwest Asphalt Cleanup & Restore Church Lot Minnegasco Utilities - Boulder Bridge Wm. Mueller & Sons Ice Control Chaska Parts Servo Equip Maint. Navarre Hdwe. Cathcart/Manor -Small Tools NSP Utilities Pepsi - cola Bottling Pop Concessions Shorewood Tree Servo Haul brush Timber Products Posts - Smithtown/Wedgewood Tonka Auto & Body Euip Maint/Garage supplies Commissioner of Rev. Oct. '85 Fuel Tax Land Title, Inc. Repay portion accepted in error AMOUNT 1,657.24 75.99 286.00 611.47 135.00 155.66 391.00 325.00 4,700.00 68.05 11.73 129.36 75.78 216.62 1,151.08 68.95 624.25 61.20 72.27 50.83 30.00 Total 91,701.45 CHECK NO. 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 *4052 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 *4080 4053 . . LIQUOR FUND - BILLS PAID SINCE NOVEMBER 12, 1985 TO WHOM PAID Harry Niemela BellBoy Corp Butch's Bar Supply Eagle Wine Co. Griggs, Cooper Intercont. Pkgs Co. Johnson Bros. Minnesota Bar Supply Minn. Sub. News NSP NWB Ed. Phillips & Sons Quality Wine & Spirit Twin City Wine Ryan Properties Village Sanitation LMCIT Ken Jarcho INs. Safety & Security BellBoy Corp. City of Shorewood Butch's Bar Supply Day Distributing East Side Beverage G & K Services Griggs, Cooper Internat'l Pkg Co. Johnson Bros Jude Candy & Tobacco Mark VII Minn. Sub. News North Star Ice Old Dutch Foods paustis & Sons Pepsi Cola Bottling Ed. Phillips & Sons Pogreba Distributing Prior Wine Co. Quality Wine & Sp. Thorpe Distributing Tombstone Pizza Twin City Wine Co. Russell Marron Ross Nasset Todd Ogin Christopher Schmid Donald Tharalson Stephen Thies John Josephson William Josephson Eagle Wine Co. PURPOSE Nov. '85 Store I Rent Liquor purchases Misc purchases Liquor purchases Liquor purchases Wine purchases " Misc Purchases Advertising Utilities Utilities Liquor/Wine purchases " Wine purchases Store 2 Nov. rent Garbage Removal Work Comp Ins Liquor liability Security Alarm Liquor purchases Oct '85 bookkeeping Misc purchases Beer purchases Beer purchases Laundry Servo Liquor purchases Wine purchases " Mis/Cigarette purchases Beer purchases Advertising Misc purchases " Liquor purchases Pop purchases Wine/Liquor purchases Beer purchases Wine purchases Wine/Liquor purchases Beer purchases Misc purchases Wine purchases 80 hrs 7.5 hrs 7.5 hrs 31. 5 hrs 30 hrs 24 hrs 38 hrs 80 hrs Wine purchases AMOUNT 882.50 2,739.50 169.25 653.66 805.74 442.54 1,949.59 130.13 135.48 244.62 166.89 1,391.06 2,212.89 590.05 1,715.00 83.00 1,237.65 7,400.00 236.97 1,687.00 493.51 90.40 2,732.25 2,376.60 36.20 2,046.01 1,758.09 449.65 994.15 6,583.25 110.00 146.13 35.84 99.60 498.90 879.19 5,655.89 404.49 655.34 4,535.25 13.50 481.04 439.70 31.88 31.88 127.88 137.00 107.20 153.24 504.80 366.43 Continued on next page................. CHECK NO. 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4101 4105 4106 4107 4108 4109 4110 . . LIQUOR FUND - BILLS PAID SINCE NOVEMBER 12, 1985 TO WHOM PAID PURPOSE Susan Latterner 36 hrs Steven Maeger 58 hrs Christopher Meyer 21 hrs Robert Nash 18 hrs Stewart Peterson 9 hrs Dean Young 80 hrs State Treasurer Nov. 10 FICA Minnetonka State Bk Nov. 10 FWH Commissioner of Rev. Nov. 10 SWH State Treasurer Nov. 10 PERA IRS Tax Stamp BellBoy Corp Liquor purchases Coca-Cola Bottling Pop purchases East Side Beverage Beer purchases Griggs, Cooper Liquor purchases Internat'l Pkg Co. " Johnson Bros. Wine purchases Matthias, Roebke,Maiser 3rd Qtr. Fin. State. Minn. Sub. News Advertising Nelson Enterprises Wine purchases NSP Utilities Old Dutch Foods, Misc purchases paustis & Sons Wine purchases Ed. Phillips & Sons Liquor purchases Prior Wine Co. Wine purchases Quality Wine Co. Liquor/Wine purchases Royal Crown Beverage Pop purchases Twin City Wine co. Wine purchases MN Dept of PSLC Liquor control license Commissioner of Rev. Oct. '85 Sales Tax Total AMOUNT 138.70 237.43 95.55 76.50 40.95 429.70 261.36 250.00 95.00 152.92 36.00 2,085.40 511.45 2,070.75 2,127.92 124.20 1,447.74 150.00 67.74 87.00 271.11 53.39 298.80 269.07 258.18 543.55 114.95 409.25 12.00 5,403.76 75,969.18 # # , . ~ CI'IY OF SHOREWCOO LIQUOR FUND ANALYSIS For the Nine Months Ended 9/30 1984 & 1985 (Both Stores) September September 1984 1985 Sales $ 500571. $ 622253. Cost of Sales 411748. 501026. Gross Profit 88823. 121227. Gross Profit % 17.7% 19.5% OPerating Expenses 122643. 109773. Net Increase/Loss Fran Operations <33820. > 11454. Other Income 2956. 930. Increase in Sales of 24.3% Gross Profit Increase 36.5% 10.5% Decrease in Expense Total Increase/Loss <30864.> 12384. November 20, 1985 Mayor Robert Rascop Shorewood City Council 5755 Country Club Road Shorewood, MN. 55331 Dear Mayor and Council: I am writing in regard to reports that you are considering forming a separate police force for the City of Shorewood. While I am aware that this "contingency" is being used as a bargaining ploy, I am concerned that some of the council may actually be serious about this proposal. In my estima- tion, such a move would be an error of the magnitude of the water fiasco. In the future I envision a merging of the four cities involved in the South Lake Police Force. My question is, "If we make enough dumb mistakes, who would want us?" The citizens of Shorewood, are paying dearly for the short sightedness of the past councils. It is my hope that this council is able to learn from these past mistakes and will take a more common sense approach to solving the problems of the present and future. Sincerely, ~4w Richard Dyer 6070 Brand Circle Shorewood, MN. 55331