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061482 CC Reg AgP . . ~ CITY OF SHOREWOOU REGULAR COUNCIL MEETING MONDAY, JUNE 14, 1982 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGE N D A CALL TO ORDER: a. Pledge of Allegiance b. Roll Call: Leonardo Gagne Mayor Rascop.. Haugene ._ Shaw. / APPROVAL OF MINUTES a. Meeting - May 24, 1982 [Attachment #1] y MATTERS FROM FLOOR: a. Bob Swanson & Rose Schmidt - No parking request Ivy Lane: [Attachment #2 - Police Report] b. Others - M,.. hotl ~ (}'Ie 1/"'1"- }<.CIVIL DEFENSE ORDINANCE: Second Reading [Attachment #3] 8:00 PM ~PUBLIC HEARING: Building Height Variance Request Mr. Larry Wilson - 27965 Woodside Road [Attachment #4] ~VARIANCE,REQUEST - REAR LOT LINE Mr. Robert E. Brown - Garden Road [Attachment #5] ;-9-'/PLANNINGCOMMISSION REPORT a. )<PARK COMMISSION REPORT: S a. 9. AT ORNEY'SREPORT: . Report on Vine Hill Rezoning Ordinance ~ Report on City Hall Building 10. ,ENGINEER'S ,REPORT: /Badger Well ~Vine Hill Road - Minnetonka Bike Trail Plan '~~ ( ,,~ - ?~_\ ~ 'ir.:l~ -V. ....~ rr." -L c..O f>L_....." Y- sflc<:.. - ~w.LL - ftru,..U~ 'i ~ .. e e COUNCIL AGENDA 11. 12. , - 2 - May 24~ 1982 ADMINISTRATIVE REPORT: [Attachment #7] as Horse Inspector a. Map Bids and Con~~act (nes. b. Appointment of W~n Kohls c. Special Assessment Policy Spec' meeting for audit _.w'~ MAYOR'S REPORT a. Meeting with City b. Police Commission review 'J IJ 1_ /.-;1/ ,. ~ ~. ~~~i~ r~. .) '.t,.wp,.,..;-L ~/,...k",~ of Tonka Bay Meeting c. 13., COUNCIL ,REPORTS: a. Public Address System - Jan Haugen b. LMC Constitutional changes - Jan Haugen c. d. 14. ' MATTERS FROM FLOOR: a. 15. APPROVAL OF CLAIMS &.ADJOURNMENT A. .-- .... ,..~. ot'Y_ ,.. I ." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MAY 24, 1982 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 7:37 P.M. on Monday, May 24, 1982 in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER The meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilpersons, Shaw, Leonardo, Gagne, and Haugen. Staff: Attorney Larson, Engineer Norton, Administrator Uhrhammer, and Clerk Kennelly. APPROVAL OF MINUTES Moved by Haugen, seconded by Leonardo, to approve the minutes of May 10, 1982 with the following corrections: Page 3 - Park Commission Report Add - e. Family use of park facilities. Page 4 - Model Civil Defense Ordinance Council directed staff to research and find the,appointment of Civil Defense Director. Page 5 - SubdivisionReqtiest- "Shorewood"Forest" Paragraph 2- Suggestions were made by the Council to reduce the amount of lot requested - to two. MATTERS FROM THE FLOOR No Parking Zone Request Bob Swanson, representing concerned residents of Ivy Lane, requesting a "No Parking Zone" for Ivy Lane. The request was made because of a parking problem that exists because of the occupants of a rental home located at 20985 Ivy Lane. The residents of this home have an esti- mated 15 cars plus motor cycles at their home. Because of all these cars parked on the street, two-way traffic is impossible and the visi- bility for children and backing out to the street are unsafe. Dave Reynolds of 20985 Ivy Lane is unable at times to back out of his driveway and has also been told by the post office that they may stop delivery service because of blocked mail boxes. Council and staff discussed possible alternatives to the "No Parking Zone". :ILl , . . e Regular Council Meeting - 2 - May 24, 1982 Council requested a police recommendation to best solv7 this problem. Reports to contain a "No Parking Zone" and 2 hour park1.ng zone and how to enforce that. Also request the police to enforce the current 48 hour parking ordinance. Administration to check into the number of non-related people living in this house and the reason for so many cars. Council to take action on this matter at the next regular scheduled council meeting. Larry Wilson ~B1dgVarianceRequest~27965WoodsideRoad Mr. Wilson presented a plan to construct an accessory building to exceed the maximum height limit of 15'. The building will be used for a tennis court storage and sail boat storage. This building will be located on a separate lot that is next to his current resi- dence. Council instructed Mr. Wilson to obtain his building permit for the lower part of the structure and to proceed with the request for a public hearing to obtain the variance necessary to complete the building, also council requested Mr. Wilson to join his two lots into one parcel. Glen Road and Country Road 19 ~ Building Permit Mr. Littlefield and Mr. Borchart requested the council to have the developers of the property located at the S.W. corner of County Road 19 and Glen Road to submit to the city a grading and drainage plan and have the approval of the Minnehaha Water Shed District, prior to issuing the building permit. Motion was made by Gagne, seconded by Haugen, to request the developer of the property described as, part of lots 23 and 24, Manitcu Glen, PID # 33-117-23-12-0031, to submit grading and drainage plans to the Minnehaha Water Shed District for approval or no action prior to sub- mitting materials to the city for their building permit. Motion carried - 3 ayes, 1 nay, (Leonardo), and, 1 abstain (Shaw). ENGINEER'S REPORT Engineer Norton submitted a report on various ways to correct the drain- age-problem for the area around Glen Road and County Road 19. Four alt- ernative pipe routes were submitted. Administrator recommended sending the engineer's report to Tonka Bay for reviewal and to set up a meeting to include, 2 council members, the engi- neer, and himself with Tonka Bay. Gagne questioned as to who would pay for this improvement. At the present time the city has no assessment policy. Assessments should not be discussed with Tonka Bay at this time. JIMLATTERNER -MOBILEHOME'LIVINGUNIT'REQUEST Jim Latterner, 25235 Smithtown Road, made a request for a 90 day permit to allow his in-laws to stay in a mobile home that he stores on his property. Council dirocted clerk to issue a 90 day permit under Ordinance #10. e Regular Council Meeting e -3- May 24, 1982 LIQUOR LICENSE APPLICATIONS RESOLUTION NO. 51-82 Shaw moved, seconded by Gagne, to approve the "Club" License and Sunday Liquor for American Legion Post #259. Motion carried unanimously. Shaw moved, seconded by Gagne, to approve the Liquor License and Sunday Liquor issued to the Minnetonka Country Club. Motion carried unanimously. Non-intoxicating Malt Liquor License Licenses issued to: 1. Plaza Tom Thumb - Off Sale 5660 County Road 19 2. Howards Point Marina - On Sale and Off Sale 5400 Howards Point Road 3. The Little Store - Off Sale 19215 State Hwy 7 4. Driskill's Super Valu - Off Sale 23750 State Hwy 7 5. Fortune House - On Sale 19335 State Hwy 7 Motion was made by Rascop, seconded by Haugen, to approve all the above listed Liquor and Non-Intoxicating Malt Liquor License appli- cations. Motion carried unanimously. ORDINANCE ADOPTING THE. "MINNESOTA CIVIL DEFENSE ACT" The first reading of the Model Minnesota Civil Defense Act was reviewed. Chief Earl Johnson is an appointed Civil Defense Director and Craig Anderson of the police department is working on the Civil Defense Plan. PLANNING COMMISSION REPORT The Planning Commission has been reviewing the "Home Occupation" issue and is in approval of the individual person operation in the home. Occupancy permits should be enforced and issued prior to allowing the resident to move into a new home. PARK COMMISSION REPORT Chairperson Gary Carl reviewed a list of priority items and some costs of these items for the improvement of Freeman Park. The Commission will present a formal list of these improvements to the Council at a later date. Carl indicated that a letter will be received from the Regional Rail Authority with proposed uses for the abandoned rail line. Mr. Carl introduced the two approved Park Commission members to the Council for the purpose of Council appointment of the new members. Shaw moved, seconded by Gagne, to approve the appointment of Launesse Cousins - term to e~pire 12/31/84 and Marty Jakel, term to expire 12/31/82. Motion carried unanimously. Break - 9:47 for interviews with students - Returned 9:55 . e e Regular Council Meeting - 4 - May 24, 1982 ATTORNEY'S REPORT Greenwood Lift Station Payment Request was made to the Greenwood Council for payment of Shorewood's portion of the Lift Station purchased by the Metropolitan Waste Control Commission. Attorney Kelly informed the Greenwood Council that he felt no payment was due Shorewood regarding this matter. Haugen moved, seconded by Rascop, to instruct Attorney Larson to proceed with necessary litigation to acquire the requested payment. Motion carried unanimously. ENGINEER'S REPORT City Hall Entry~way Jack Meyer, Structural Engineer with Meyer, Bor~man, & Johnson Inc., reviewed a letter from Orr-Schelen-Mayeron & Associates'Inc! in reference to the construction of the entry way leading into City Hall. It may be necessary to take the fascia board off for a visual inspec- tion. Asbuilt drawings have not been furnished by Mr. Reese at this time and they may not be able to be provided. Pump House-Badger Field Engineer Norton submitted a cost estimate on a project to repair a "water hammering problem" that is occuring in the Badger pumphouse. Council questions whether this repair will definitely take care of the problem. Engineer Norton was relatively certain but could not be definite. Council requested Engineer Norton to ask his company if they would be responsible for the cost if it did not cvre the problem. Mac-In-ErnyPayment Jim Beck - Vice President of State Surety Bonding Company suggested that the city make percentage payments to each of Mac-In-Erny's sub-contractors for the balance of the money owing to Mac-In-Erny on Boulder Bridge project. Mayor Rascop disagreed with these pay- ments. City staff was instructed not to make final payment to Mac- In-Erny until all lien waivers and statement of paid State Taxes are received from him. ADMINISTRATIVE REPORT Sale of City Equipment Bid list was submitted for approval of the sale of city equipment. 1] Allis Chalmers H-P-6 Loader - Frank Fabio $3,170.00 2] Schuiss Wood Splitter - Fred Lee 340.00 3] 6' Rear Blade for Cub Tractor- Howard Orn 52.50 4] 1968 Internat'l Loadster ~~~gk Tony Schrupp 1,175.00 5] 1974 F250-E/4 Ton Pickup - Frank Fabio 260.00 Leonardo moved approval of sale of listed equipment, seconded by Haugen, Motion carried unanimously. . e e Regular Council Meeting - 5 - May 24, 1982 ,ADMINISTRATIVE REPORT ~ Continued Homestead Credit Letter Administrator Uhrhammer reviewed a letter regarding the city's allocation of the H.omestead Credits to be received. The credit will be reduced by the anticipated amount of $8,519.00. The Local Government Aid amount has been increased by $14,639.00, giving the city an increase in revenues of $6,,120.00. FinancialStatements:~April1982 Review of the April Statement was made with errors to be corrected in various areas. Audit should be to Coucil by June 15th. Mayor Reports Mayor Rascop, Council members Haugen and Gagne, reviewed the Joint Police Department meeting that was held on May 14, 1982. A review of the cost formula was discussed. Shorewood feels there should be some change off in the mileage and use a portion of the formula. Recommendation will be submitted for further discussion. APPROVAL OF CLAIMS AND ADJOURNMENT Moved by Gagne, seconded by Rascop, to approve the claims for payment to be followed by adjournment at 12:05 A.M. Motion carried unanimously. General Fund - [00166] Checks 25565 - 25613 = Liquor Fund - [00174] Checks 8875 - 8926 = $201,076.57 37,893.09 ResP'2ffully submitted, ~-Udi~ /~~_<:?&: Sandra L. Kenn';lly~~d~-;k yr> .,J :; e e South lake Minnetonka Public Safety Department 143 OAK STREET EXCELSIOR, MINNESOTA 55331 EARL L. JOHNSON Chief (612) 474-3261 June 1, 1982 Douglas Uhrharnmer, Administrator City of Shorewood 57~5 Country Club Road Shorewood, Minnesota, 55331 Re: Request for no parking on Ivy Lane Dear Doug: On May 26, 1982 officers of this department visited with residents residing on Ivy Lane regarding their request for a no parking zone. It appears that one of the homes situated on Ivy Lane has been rented by several young men that park their vehicles on Ivy Lane. The residents reported that the tenants own a number of vehicles and that there is insufficient room in the driveway to accomodate all of them. During our visit there was a vehicle parked facing the wrong way that had been issued a citation several days prior to this by our department. The roadway is approximately the same width of all other side streets in this particular area. There does not appear to be any problem with traffic, nor do our records indicate any hazardous conditions that would cause an accident problem. It would appear that the parking problem may be of a tempor- ary nature which may resolve itself in the future. Considering these apparent factors, I can not recommend from a public safety standpoint the posting of Ivy Lane as a re- stricted parking zone. y~truO~ 19~ . EARL L. JOHNlON, Chief of police JJ)... ,.;;;-- ELJrnk Serving South Lake Minnetonka Communities of Excelsior, Greenwood, Shorewood and Tonka Bay .9)/ .. e e '... ORDINANCE NO. AN ORDINANCE ADOPTING THE "MINNESOTA CIVIL DEFENSE ACT" INSOFAR AS IT RELATES TO THE CITY OF SHOREWOOD, MINNESOTA, AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. The City Council of the City of Shorewood, does ordain as follow: Section 1. Civil Defense Act Adopted. The "Minnesota Civil Defense Act", Minnesota Statutes, Chapter 12, insofar as it relates to cities, is hereby adopted by reference as part of this Chapter, as fully as if set forth explicitly herein. Section 2. Definitions. "Disaster" shall mean a situation which creates an immediate and serious impairment to the health and safety of any person, or a situation which has resulted or is likely to result in catastrophic loss to property, and for which traditional sources or relief and assistance within the affected area are unable to repair or prevent the injury or loss. "Emergency" shall mean an unforseen combination of circumstances which calls for immediate action to prevent a disaster from developing or occurring. "Emergency services" shall mean the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters. Section 3. Establishment of a Civil Defense Agency. There is hereby created within the City, a civil defense and disaster agency, which shall be under the supervision of the Mayor. The Director shall have direct responsibility for the organization, administration and operation of said civil defense agency, subject to the overall direction and control of the City Council. The Director shall be appointed annually by the City Council. Section 4. Local Emergencies. A local civil defense emergency may be declared only by the Mayor or his legal successor. Such an emergency shall not be continued for a period in excess of three days except by or with the consent of the City Council. Section 5. Powers and Duties of the Director. a. General Operations. The Director shall direct and coordinate the general operation of all local civil defense efforts and the provision of all local emergency services during a civil defense emergency, in conformity with controlling regulations and instructions of state civil defense authorities. -e3 -- - :-----.- .' ,.,. e e b. Intergovernmental arrangements. ~he nir~ctor shall represent the City on any rC0ional or state or~anization for civil c'Iefense. lie also may nevelop proposed mutual aid agreements with other political subdivision for reciprocal civil defense aid ann assistance in an emergency too ~reat to be nealt with unassistcc'l, which agreements shall be presented to the City Council for approva 1. c. Plans and Reports. The Director shall prepare such plans for the civil defense of the City and such repo~ts of civil defense activities as he deems appropriate or as are requested by the City Council. d. Use of City Personnel. In a civil defense eMergency the Director shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies' of the City to the maxiMum extent practicable. Section 6. Effective Date. This Ordinance shall take effect ann be in force from and after its passage and pub~ication. Adopted this day of , 1982. Hayor ATTEST: City Clerk -2- MEMO: TO: FROM: e e SHOREWOOD DATE~ (Olfldal PubllcalloR) LEGAL NOTICE CITY OF SHOREWOOD Notice Is hereby given that the City Council of the City of Shorewood will hold a Public Hearlng at8:oo P.M.. or as soon thereaCler as possible. on June 14. 1982. in the Coun~i1 Cham. . bers of the Shorewood City Hall, 57511 Country Club Road,'Shorewood, Mn, to consider the request of Larry Wilson of 27965 Woodside Road, for a variance in height for an accessory building to be constructed at that location, also described as Tract A and C. Registered Land Survey 1122. '. PIO I 31.1l7.U.13.0002'and. 31.117.23.13.0004. Oral or written comments will be' considered at the time of the Public Hearing , SANDRA L.KENNELLY" Clerk ,,"'." , .(June 2. 1982) .LAKE' .;, ;,,1 ~'I .7 -._- .--------- -.--- -- ---- e . f WI 0) ('V) 0) 'M I C\.! ~ ! , I I I I I . o ~ L() L.O C E CJf a. E I d c.: Q} cO "C C N . ,.... 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Fe-u:::. ~V'Jlrc.H :2; yJAY ~ y..J If?H LP-Mf'~t..~ wi ~Pfe1' rl~.A FI fo'"n)JU1 'rs? p... r~lA>ltJ Ia?W L.,o..MF'.. en M Q) , ('I) I N ~I . o ~ L() l() c: E .... en - 0.. E . d t: QJ ~ co -0 C C'J T- C\J' M . '"- C) (1) c: . ..... 01 C ~ 1:) (1) -l-I .-- ..t: ~ co . .r: <...) 'lIiIIIlWlII , -- "0 Q) . ....... "0 0) +-' 1..... C) ..0 o \ 6 1,7 l ~ ~-_.,.._I . . May 25, 1982 City Council Village of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: Variance for Building Permit Gentlemen: We are hereby requesting a variance of the ordinance requiring a building set back from the rear lot line of the property. respectfully request that we be allowed twenty five (25) feet of the north line described to-wit: of fifty (50) feet We hereby to build to within of the property Lot 5, Holtmere, Lake Minnetonka, Minnesota Located on Garden Road, Shorewood, Minnesota This variance is required to enable us to construct on solid ground beyond a fill. The adjoining property owners have given their approval to this variance and have signed the enclosed Letter of Consent. Following is a list of t~eir names, addresses and telephone numbers: Bernie Doughty 20750 Garden Road 474-5777 Michael Moore 20620 Garden Road 474-0473 ~ . e e May 25, 1982 City Council Village of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: Variance for Building Permit Gentlemen: We, the undersigned, as adjoining landowners, hereby agree with and consent to the variance requested in the attached letter dated May 25, 1982. Sincerely, ~~ ernie Doughty .~~~ !.1ichael Moore ~ Sandra ~~. . ~~ M. Hughes . . (n aA-l C. 1) ~h~ May Doughty .~ ~ e NJ e 1"= 50' , , . i-' i ~ON r- IRON ,\ . '. \0 ;),/0.0 I I ~D'. ,. --sS.o- \ ' ~ , j o. 9S Jt,R~s N ~ .::f N N IRcN I ,I So ~ I k . ~. i I r i \ Depth ().D 2" c.o 9,() Depth ~,,, /(J,D II,,, /?IJ , '''''I'tfr 9/-1WU 1>14 eN' ",',:sl- Clay h.-. 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VI.... ~."z ~ 5' ~ ... ii'" ilC ~ '< Z ~ > ~ b~/t,~ ' I ~ i -LI ~ BORI NG T - S-..s-/ C;;v"!C' 1 ~ Graphic Log ~. ?' f!ll :: 3:" -. ~ ? ~ v.. ~~ 1-.)" III ;- c i. t'l 1:1 III i" g .. ~ -4 III III BORING T - S'S-I Graphic Log PltJJ-he. So/./, h......., 4;"1u1V IJ.'N S' ,J,,/,v-e,! ry,~/:sr- h'l- ~/; Y ~O'Nl I~Y-NS cIa y ItJ,,., h '// 91-11 Y ;n Ih 'S -'" ,t; .~ "'" jJep 1- ~I#oof .61" e/( ,lndl'::r;l- h';""" ~, '11y c /~ '/ /U//o'Yl 9J.-1J' y m.?;1 'S +- /. .J........ , . Ch Y ItN;v. ,1-".// '? I-a)'- .!h'~ lJ..nv SNI'"..,.d ~.?1'5-/ ,t., t: Illy 1&7,,_ t ~"'r m~/'.J';t s.../I- . 7- J.lle.~ 4I,t. jJt"'4f t:-Idy 1,,4W\ ./,// ~I-')' h'td,',sr ~".I- ., -Z;' - ..... ~ ~. e e POPHAM, HAIK, SCHNOBRICH, KAUFMAN Be COTY, LTD. r MINNEAPOLIS ROBERT S, BURK FREDERICK C, BROWN THOMAS K, BERG BRUCE D, MALKERSON JAMES R, STEILEN JAMES B. LOCKHART ALLEN W, HINDERAKER CLIFFORD M, GREENE D, WILLIAM KAUFMAN DESYL L. PETERSON MICHAEL 0, FREEMAN THOMAS C, D'AQUILA LARRY D, ESPEL JANIE S, MAYERON WAYNE G, POPHAM RAYMOND A, HAIK ROGER W, SCHNOBRICH DENVER KAUFMAN DAVID S. DOTY ROBERT A, MINISH ROLFE A, WORDEN G. MARC WHITEHEAD BRUCE D, WILLIS FREDERICK S, RICHARDS G.ROBERTJOHNSON GARY R, MACOMBER Mayor and City Council City of Shorewood Shorewood, MN 4344 IDS CENTER MINNEAPOLIS. MINNESOTA 55402 TELEPHONE AND TELECOPIER 612-333-4800 DAVID A. JONES SALLY A. JOHNSON LEE E, SHEEHY LESLIE GILLETTE MICHAEL T, NILAN ROBERT C, MOILANEN DAVID J, EDQUIST CATHERINE A, POLASKY STEVEN G, HEIKENS KATHLEEN M, MINDER NANCY J, TURBAK JOHN C, CHILDS THERESE AMBRUSKO DOUGLAS p, SEATON DENVER 2660 PETRO-LEWIS TOWER DENVER. COLORADO fI0202 TELEPHONE AND TELECot"lER 303-825-2660- GARY E. PARISH J, MICHAEL MORGAN R, DANIEL SCHEID WASHINGTON, D. C. CHARLES M. SEEGER III JAMES DOUGLAS WELCH MICHAEL K, HAMMAKER JOHN P. CONNOLLY REID p, F. STUNTZ SUITE 802 2000 L STREET, N. W. WASHINGTON. D. C. 20036 TELEPHONE AND TELECOPIER 202-887-5154 June 9, 1982 Re: Application by John and Jim Miller to Subdivide Property Dear Mayor and City Council Members: I . OVERVI EW This office represents John and Jim Miller who are seeking preliminary plat approval for their 10.8 acre parcel of property in the City of Shorewood. Previously Jim and John Miller and I have appeared before you to review the application. John Miller summarized the history of his application in his letter to you dated April 22, 1982, a copy of which I enclose for your convenience (without accompanying exhibits.) At your council meeting of April 26, 1982, I was unfortunately late and the review of the preliminary plat proceeded with John and Jim Miller. The preliminary plat was tabled for further review. It is now on the agenda for your council meeting on Monday, June 14, 1982. The intent of this letter is to outline reasons why legally and equitably you should approve this preliminary plat. II. THE CITY SHOULD REMAIN FLEXIBLE IN ITS DETERMINATION IN THE FIELD OF THE EXACT LOCATION OF THE WETLAND CONSERVATION AREA. -d~ ~ e e POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Mayor and City Council June 9, 1982 Page 2 t t When the City adopted Ordinance No. 70 regarding wetlands in March, 1973, it adopted a general wetland conservation area map so people could identify the general location of the wetlands to which the ordinance might apply. At that time, there were no detailed hydrological or hydraulic studies undertaken to determine the exact location of wetlands, or more importantly the amount of wetlands or floodplain to be preserved to ensure adequate hydraulic capacity. Instead the intent was to adopt the ordinance and then on a case by case basis determine where the exact boundary should be, and when and under what circumstances limited grading of the wetlands would be allowed. The ordinance provides for a permit procedure for such grading and development. Through the years, before and after 1973, other state agencies and political subdivisions of the state have studied the hydraulic and hydrological needs of the City and watershed, and have further refined the wetland conservation area boundaries. For example, the Minnehaha Creek watershed District (MCWD) requires a permit only if any filling is to be done below 931.5. Therefore, no permit is needed by clients for this plat. The DNR has determined that no fill permit is required from my clienbts for this plat. My clients ask that the City Council determine that in fact the wetlands conservation area pursuant to Ordinance No. 70 does not include that portion of my clients' property where they plan to grade to finalize the 4 home sites on the plat. A more detailed site plan from Barr Engineering showing the existing and proposed new contours and limited grading area is included for your review. The limited areas to be graded are all outside the DNR and MCwn lines and only partially within the previously existing generalized City line. III. IF THE CITY DOES NOT WANT TO REDELl NEATE THE WETLAND CONSERVATION AREA LINE ON THE PROPERTY, THE CITY SHOULD APPROVE A PERMIT FOR THE REQUESTED LIMITED GRADING. My clients are the owners of 10.8 acres of land. The Zoning Code provides for a minimum lot size of 20,000 square feet. If my clients fully platted the entire parcel, theoretically they should be granted 24 units (10.8 x 43,560/20,000 = 24 units) which could be built in a planned unit development on the dry buildable area and on areas where fill and/or piling had been placed. The fair market value of the right to build a unit is at least $10,000 per . e e POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Mayor and City Council June 9, 1982 Page 3 r f. unit which would result in a fair market value of approximately $240,000 for the property. In recognition of the intent and objectives of the zoning ordinance and the City Council, my client reduced the potential project to 4 lots. 4 lots will result in a fair market value of approximately $60,000 for property which has the potential value of $240,000: a 75% reduction in value. In addition thereto, my clients are willing to dedicate Outlot A to the City and/or place restrictive covenants over the remainder of the property below the elevation of 932 feet so that all of that area (approximately 8.5 acres) will remain forever in its natural state. If the City Council seeks to limit the number of lots to only 2, the fair market value of the property will be approximately $30,000 which represents a potential loss of $210,000 to my clients. Not only is such a result unfair, it is unnecessary. My clients are willing to do whatever the City reasonably requires in the grading proce~s, such as: 1. Staking hay bales at the edge. 2. Limited time period for grading on each lot. 3. Preservation of the larger trees in the grading area. 4. Seeding and mulching of the graded area. There will be no adverse impact on the environment by such a limited and controlled grading. No one has testified to the contrary. Even without any filling or redelineation of the wetlands boundary, my clients have approximately 73,000 S.F. of dry area which would result in 3.65 units. In the analysis of this request it is important to be mindful of several recent Minnesota and United states Supreme Court cases which involve land use regulations which restrict too far the reasonable use of one's property. The leading floodplain regulation case in Minnesota is Krahl vs. Nine Mile Creek Watershed District and City of Eden Prairie, 283 N.W.2d 538 (1979). In the Krahl case, the property owner was allowed to fill 20% of the floodplain on his property. The Millers are proposing to fill only approximately 12,000 square feet (see cross hatched area on plat) which is only 3% of what the City once determined generally to be wetlands. In the Krahl case there was ample hydraulic proof that the remaining 80% of the floodplain should be preserved to prevent flooding. In this case there is no e e POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Mayor and City Council June 9, 1982 Page 4 t ~. . , proof that any of the wetlands needs to be so protected, let alone 80% of it, or 97% of it as will be the result with this plat. The Court in Krahl placed great emphasis on the fact that the landowner could fill 20% of the floodplain. The Court stated: -It must be emphasized that we are very concerned with governmental action which significantly interferes with an individuals use of his property. This Court, therefore, in future cases will not hesitate to award a landholder damages where, contrary to the instant action, an unconsitutional taking is shown.- 283 N.W. at 544. Therefore, under Minnesota Law, the limited filling of 3% of a generally described and unsupported wetland area should be allowed, if in fact the City determines this area is in fact in the wetland conservation area. In the more recent u.s. Supreme Court case of San Diego Gas and Electric Company v. City of San Diego, 67 L.Ed.2d 551 (1981), five of the nine justices held that damages would be awarded to the landowner for regulations which do not substantially advance legitimate state interests or if they deny an owner economically viable use of his property.--To deny my clients 4 lots on a 10.8 acre parcel of property would be such an unconstitutional taking subjecting the City and City Council members to a claim for damages under the u.S. and state constitutions, punitive damages pursuant to 42 U.S.C. 1983, and attorney's fees pursuant to 42 U.S.C. 1988. My clients do not appreciate having to be placed in a position where they are about to lose all of the value of their property and need to remind you through their attorney of their constitutionally protected property rights. My clients have given up too much already, do not ask them to give up everything. It is reasonable for the City to apporve the four lots requested. BDM/jf cc: City Attorney 0930j Very truly yours, ~u ,,1 YJ(a~ VP Bruce D. Malkerson ~ e e .JOHN A. MILLER ATTORNEY AT LAW 4725 EXCELSIOR BOULEVARD MINNEAPOLIS, MINNESOTA 55416 TELEPHONE 920.B600 April 22, 1982 I Members of the City Council City of Shorewood Shorewood, Minnesota Dear Members of the Council: ~ This letter is in the form of a progress report on my petition to subdivide my property. Basic data on the property is that the parcel is 10.8 acres; the zoning is R-2; and there is an area of wetlands on the property. I began the platting process March 3, 1980 at the Plan- ning Commission meeting to let them know that I would like to divide my property and I would appreciate their comments. Items of concern to them at that time were DNR and the Minnehaha Creek Watershed District regulations and how they would apply to the project. I contacted both a DNR hydrologist and the Watershed District engineers as the Planning Commission requested. I found that the Watershed would require a permit only if any work was to be done below an elevation of 931.5'. No filling or excav- ation is below that elevation. (See plat map and Exhibit D) I also met with the DNR regional hydrogolist and reviewed a DNR map that shows the property is not under DNR jurisdiction. (Exhibi t E.) Going through city tax records I found that city wetlands covered about 54% of the site and the remaining 46% is buildable. This means 9 or 10 single family lots would be possible for the site. Later I discovered that the city wetlands map differed from the city tax records on the size of the wetlands. I realized that a determination would have to be made as to exactly where the wetland boundry is. The Shorewood wetland limits were determined by the City attorney using large~sca1e USGS maps. In February, 1981 Barr Engineering was hired by me to examine w - e e the site, By' using State DNR and Minnehaha Creek Watershed Distr~ct techniques Barr identified a boundry line between the wetlands and buildable property. Enclosed is a copy of an infra- red photo used in the identification process showing both the t City wetlands boundry and Barr's identified boundry. (Exhibit ~ A. Infr~-red photo) Len Kramer of Barr Engineering and my son, Jim Miller, met with the city engineer, Jim Norton, to explain the inconsist- ancy in the city records and how we would determine exactly where the buildable portion of the property is. (Exhibit B. Barr report) Barr Engineering drew a sketch plan for the development of the property which I have submitted. I believe that in kee~ing with past development in Shorewood and the Lake Minnetonka area, I would like to provide four large single family lots. These four lots vary in size from 36,000 square feet to 65,000 square feet, well over one acre. (Exhibit C) The site has woods on the south and a marsh on the north and will lend itself to develop- ment of four single family homes. (Across the marsh to the north is a development of small 1/2 acre lotsl. I submitted this sketch plan along with my other data to the city planner and he has sub- mitted a memorandum to the Planning Commission dated April 17, 1981. (Exhibit F) The city planner stated that in his estimation "the wetlands map is considered to be relatively general." The sketch plan was reviewed and some small changes were suggested by the Planning Commission. Barr Engineering then drew a preliminary plat to submit to the Planning Commission for approval. A public hearing date was set and a memorandum by the City Planner was sent out. (Exhibit G) The public hearing was held June 2, 1981 and continued until the next meeting June 23, 1981. (See Exhibit I) At the public hearing the Planning Commission asked that I stake both Barr wet- land limits and the city wetlands limits on my property. The stak- ing of the property was done by a survey crew from Barr Engineering and the city officials were invited to inspect it September 26, 1981. (Exhibit H ma~) The public hearing was held on October 6, 1981. The Planning Commission denied the application (See Exhibit J) I have asked the DNR to examine my property and give an opinion on the wetlands. On December 21, 1981 Judy Boudreau, a DNR -2- I ~ e e -3- Regional hydrologist, made a site examination of the property and submi~ted a report. . (Exhibit K) l . We believe that our request for 4 lots is reasonable and that we have provided engineering data to support that conclusion and would ask for your approval. JAMwm yours, ~~ Miller ~~!"~"""""~~~~~~~_~'~""~"""--""-:-_"7""---_"'~~'~'''''''""'''''-~:~'-_....""......______1"" r...-.~'_-.. .~ ." - ---~....-._.---~ -I e e ~ CD Co) CD... Co) , 01' CD CD ~ Co) , 'V 0) \ \ \ I' ~ <" ro~ 'ft.. ~ 9l/. 0- ~ " \ ~-:::.:::.. EUREKA -~----'-'--- " " ----- ROAD 331.5 '" w o 260 enm I\;) '" I)> c 0 0 CP 0:0 C =*' -f <P "< :0-1 r ~ 0 mI 0 - :Eo -f en OI ------ )> ..... :T 0)> ----- ' - 0 "- OZ 313 "- - '"" CD ,.,(;) I \ ~ Om 0 0 :0" i mr : .:> Q. en)> -IZ I \ ! 330 \ \ \ \\ <P \I> .j:l. ... '11' , TO: FROM: RE: CITY COUNCIL ~ DOUG UHRHAMMER e Extension of Comprehensive Plan Process - Creation of needed maps and review of zoning and sub- division ordinance. DATE: June 11, 1982 The council must approve by motion one of the bids attached to this memo before CDBG Funding will cover the cost of the project outlined above. I have attached the following information for your review: Exhibit a. Letter requesting firms to submit price quotes for the project. Exhibit b. Price quote from Orr-Sche1en-Mayron Inc. Exhibit c. Price quote from Erkkila & Associates Exhibit d. Price quote from Northwest Associated Consultants Inc. The City Attorney is drafting the contract necessary for CDBG Funding approval. *7 ---- e e CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 I MAYOR Robert Rascap COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Robert Gagne ADMINISTRATOR Doug Uhrhammer ~-~. " C~~~ ~/O() ';/'// ~~ 'J1L---, . ~. 7Ir- b-S-IIMA1LED 'OT. ~!i-/ <:c1v ~/~ 1\,1 AI LED .... s~ hV' DI. /d,,- <J~ n. '/,u-J::.; (l/vvJ rw'AILED DT. aJ3"//Y -, I am requesting that your firm submit price quotes for the following projects: ' " (1) The creation of each of the following maps, accord- ing to the specifications outlined on the attached sheets. (a)' Base Map (b) Wetlands Map" (c) Parks and Open Space Map (d) Existing Land Use Map (e) Official Zoning Map (f) Utilities Ma~ (2) Professional assistants to the Shorewood Planning Commission in the revision of ,the Shorewood Zoning Ordinance and Subdivision Ordinance. Submit your price quote on an hourly charge basis. Copies of , the Zoning Ordinance and Subdivision Ordinance are available for inspection at'the Shorewood City Hall. Please send me!the price quotes by, May 21, 1982. Si~elY, !l&KP~4--.. DOU~l~:mmer, Administrator DU:rd ~ ,,~J;)'J I A.. - A Residential Community on Lake Minnetonka's South Shore J ./ e- e SHOREWOOD PLANNING MAPS BASE MAP . Scale 1"=400' . Redrawn from most current half-section maps . Drawn in black ink on reproducible drafting film (Mylar) . Includes quarter-section lines, property lines, lakes, public roads and street names, names of adjoining cities . Should not include dimensions, lot or block numbers, plat names . t1ap should show existing streets within 400 - 800 feet of municipal boundary . Title block should include city name, graphic scale, north arrow ZONING MAP . Scale 1"=400' . Prepared on translucent reproduction (Chronaflex) of base map . Should show existing zoning district boundaries in pre~sure- sensitive graphic tape . Legend should list zoning district descriptions . Designated wetlands should be prepared on a clear film overlay WETLANDS MAP . Scale 1"=400' . Prepared on plastic sepia from base map . Wetlands should be illustrated with a zipatone marsh pattern PARKS AND OPEN SPACE MAP . Scale 1"=400' . Prepared on durable smooth-surfaced paper contact print (such as a photostat) from base map . Should show location arid 'names of all dedicated parks and location of existing dedicated trails . Parks should be shown in colored zipatone e-- e Shorewood Planning Maps (continued) EXISTING LAND USE MAP * . Scale 1"=400. . Prepared on durable smooth-surfaced paper contact print (such as a photostat) from base map . Should illustrate existing land use of all parcels of land in the community . Land use should be broken down into the following cat- egories: undeveloped open space single-family residential two to four-family residential - multiple family residential pub 1 i c semipublic commercial industrial . Land use categories should be illustrated with colored zipatone in standard land use colors *Includes research such as field checking necessary to prepare current map UTILITIES MAP . Scale 1"=400' . Prepared on plastic sepia from base map . Includes location and sizes of existing utilities: sanitary sewer interceptor, trunks, laterals and lift stations storm sewer - water mains, wells and fire hydrants gas mains underground electrical lines - e e ORR'SCHElEN. MAYERON & ASSOCIATES, INC. Consulting Engineers Land Surveyors May 27, 1982 City of Shorewood 5755 Country Club Road Shorewood MN 55331 Attn: Mr. Doug Uhrhammer Administrator/Treasurer Re: City Maps Gentlemen: We are happy to submit the following price quotes for preparing the maps and providing professional assistance as requested in your letter of May 5, 1982. MAP COST a. Base Map $3,600 b. Wetlands Map $1,200 c. Parks and Open Space $ 240 d. Existing Land Use $ 240 e. Official Zoning Map $ 480 f. Utilities Map $3,600 TOTAL $ 9,360 To provide professional assistance to the Shorewood Planning Commission in the revision of the Shorewood Zoning Ordinance and .Subdivision Ordinance, the cost per hour would be $45/hour. If you have any questions, please contact us. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. Ja-- f. IJS:::V James P. Norton, ~.E. JPN:n1b 'f'tk,~~~ lb. 2021 East Hennepin Avenue. Suite 238 . Minneapolis, Minnesota 55413 · 612/331- 8660 Mfl.~ \ 7 RiC'O e e May 13, 1982 Mr. Doug Uhrhammer, Administrator City of Shorewood 5755 Country Club Road S horewood, Minnesota 55331 Dear Mr. Uhrhammer: I am writing to express our interest in the mapping project and zoning ordinance assistance program which the City proposes to undertake in the near future. Based upon your letter, our phone conversation with you, and review of the proposed Zoning Ordinance - First Draft, dated October 1980, we estimate the cost of the work as follows: (1) City Maps: (a) Base Map (b) Zoning Map (c) Wetlands Map (d) Parks and Open Space Map (e) Existing Land Use Map (f) Utilities Map $3,000 300 600 300 1 ,500 1,200 Total $6,900 Please note that preparation of the util ities map will depend greatly on the information provided by your engineering department. (2) Zoning and Subdivision Ordinance: Our hourly rate for zoning and planning work is $35.00 per hour. Depending on the number of meetings, we would be expected to attend, I anticipate being able to provide this service for $2,000 to $2,500. Total cost for the two projects is estimated at $8,900 to $9,400. ~ ,,~\ b.J. , t.., - e Thank you for considering Erkkila & Associates on the City's mapping and zoning projects. We are prepared to begin work immediately and are anxious to work with you. Sincerely, ct~ !Wd Tim Erkkila, ASLA ERKKILA & ASSOCIATES TWE/ se e SUIte 100 2611 Central Ave N E MInneapolis. Mn 55418 788- 5211 COMPANY QUALIFICATIONS Erkkila & Associates is a recently established company providing consultant services in the professions of landscape architecture and planning. It's specific service areas can be grouped into three general categories: Site and Urban Planning, Development Services, and Graphics and Cartography. The company is centrally located in the Minneapolis - St. Paul area and serves both public agencies and the private sector. To further illustrate the nature of services, a cross-section of typical project topics is provided here: SITE AND URBAN PLANNING . Park Planning and Design . Commercial and Industrial Site Planning . Urban Studies (Land Use Planning, Commercial Core Redevelopment, Ne i ghborhood Redeve lopment, etc.) . Facilities Master Planning . Planting and Landscaping Plans . Envirorvnental Assessment and Analysis DEVELOPMENT SERVICES . Feasibility Studies . Site Analysis and Concept Plans . Platting and Rezoning Materials . Public Presentations and Planning Coordination . Marketing Aides (demographic data, visuals, etc.) GRAPH ICS & CARTOGRAPHY . City & County BOse Maps (zoning, street and plat maps) . Police and Fire Department Maps . Illustrative Graphics ~hotography, slides, drafting, etc.) . Promotional Materials (brochures, displays, etc.) Erkkila & Associates has experienced personnel within the firm to provide a wide range of planning services. Through its associates the company can provide additional expertise in the areas of land use controls, economics, project implementation, grant preparation, engineering, surveyirg and architecture. For a listing of specific previous projects, clients, or qualifications, at specialized qualifications summary will be provided as requested. Timeliness, dependability, quality, and client trust are the qualities the company strives to provide on each and every project. The firm reviews each prospective project, accepting only those where it is -certain the client can receive this level of service. Professionalism combined with personal service are the trademarks of Erkkila & Associates. . NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM TO: FROM: DATE: RE: Doug Uhrhammer Brad Nielsen 10 May 1982 Shorewood Planning Maps and Zoning Ordinance Review FILE NO: 656.14 At your request, we have put together a cost estimate for the preparation of planning maps for the City of Shorewood. The following is a cost-per-map estimate based upon the specification list attached: Subtotal +15% (travel, supplies and contingencies) $2,100-2,400 350 350 150 1,000-1,500 1,250* $5,200-6,000 1. Base map 2. Zoning map 3. Wetlands map 4. Parks and open space map 5. Existing land use map 6. Utilities map TOTAL $5,980-6,800 *Whi1e we are capable of preparing this map, it is our opinion that the map can most efficiently be prepared by the City Enginer. We propose to do the work on a cost plus materials basis not to exceed $6,800. In thi s way the City is charged only for the work performed. Whil e we are not sure at this time what the City Engineer might charge for the utilities map, the cost of the project should still be considerably less than the $8,000 which the City has allocated from the COBG funds. ~'l~' tJ I~. ~ 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 ... . . ' Doug Uhrhammer 10 May 1982 Page Two The funds remaining would be used to set up an educa ional review program for the Planning Commission's study of the new Zoning Ordinance. This would primarily consist of a series of 5-6 meetings during which we would discuss the various elements of the Ordinance and answer specific questions which Commission members may have. Given the fact that the first draft of the Zoning Ordinance was prepared by our office, it enables us to conduct the program more efficiently than someone not familiar with the Ordinance. Also, our past technical assistance experience with the City provides us with a particularly good understanding of the City's concerns. Assuming I will be the individual involved in the review, the hourly charge would be $27.50. While this rate would apply to work performed in-house, we are offering to charge a flat rate for meetings similar to our current arrangement for meet- ings, that is $100 per meeting. We feel that the series of City maps is greatly needed, and are pleased that the City is considering the project. We appreciate the opportunity to compete for the work. If we are selected, I feel confident that the City will be pleased with their decision. If you have any questions regarding this proposal, please do not hesitate to contact our office. Thank you for your consideration.