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092605 CC Reg AgP " . . .) . .' " . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 26, 2005 5755 COUN'fRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love_ Lizee Turgeon _ Callies Wellens B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, September 12, 2005 (Att.- Minutes) B. City Council Work Session Minutes, September 12, 2005 (Att. - Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. Staffing - no action required 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS 6. PUBLIC HEARING 7. PARKS A. Report on the September 13,2005, Park Commission Meeting (Att. - Minutes) " t CITY COUNCIL AGENDA - September 26, 2005 PAGE20F2 . 8. PLANNING - Report by Representative A. C.D.P. for Accessory Space Over 1200 Sq.Ft. (Att.- Planning Director's memorandum, Resolution) Applicant: Location: Vemon Compton 25765 Smithtown Road B. Rezoning from R-1A, Single-Family Residential to R-1C, Single-Family Residential (Att. - Planning Director's memorandum, Ordinance) Applicant: Location: Mark Kennedy 23975 Yellowstone Trail C. Rezoning from C-3, General Commercial to R-1C, Single-Family Residential (Att.- Planning Director's memorandum, Ordinance) eJ Applicant: Location: City of Shorewood 5745 Country Club Road (Badger Well site) D. Minor Subdivision (Att. - Planning Director's memorandum, Resolution) . Applicant: Location: Scott Henry 24835 Yellowstone Trail E. Minor Subdivision/Combination -- Lot Line Rearrangement (Att. - Planning Director's memorandum, Resolution) Applicants: Locations: Dan Ohland, Robert Gutierrez, and Chris Putnam 25070 Smithtown Rd. and 5615 & 5635 Fairway Drive . F. Approval of Final Plat - Lake Virginia Woods (Att. - Engineering Consultant's Memorandum, Planning Director's Memorandum, Resolution/Development Agreement) 9. GENERALINEW BUSINESS A. Park Commission Appointment (Att. - City Administrator's memorandum, Resolution) 10. ENGINEERINGIPUBLIC WORKS 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection B. Mayor & City Council . 12. ADJOURN . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 26 September 2005 .' Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #7A: Sue Davis, Park Commission Chair, will report on the September 13, 2005, Park Commission meeting. . . . Agenda Item #8A: Vemon Compton has requested a conditional use permit to construct a utility shed on his property at 25765 Smithtown Road. The shed, combined with an attached garage andan existing shed, exceeds 1200 square feet. The request complies with Code requirements and the Planning Commission voted unanimously to recommend approval. A draft resolution has been prepared for your consideration. Agenda Item #8B: Mark Kennedy has requested a rezoning of his property at 23975 Yellowstone Trail. His lot lies at the convergence of three different zoning districts. He initially requested R-2A zoning which would allow him to split the lot into two. After much discussion, the Planning Commission determined that the same result could be achieved with a R-IC designation. That was their unanimous recommendation. A draft ordinance has been prepared for your consideration. Agenda Item #8C: When the City issued itself a conditional use permit to construct the new Badger Well building, one of the conditions of approval was that the subj ect property be rezoned to R-IC, Single-family Residential and legally combined with the rest of the City's Badger Field property. A housekeeping ordinance has been prepared for your consideration. Agenda Item #8D: Scott Henry owns the property at 24835 Yellowstone Trail. The property . was originally platted as two lots in the late 1950' s. Mr. Henry proposes to re-separate the lots into two building sites. The division complies with the requirements of the R-IC zoning district and the Planning Commission recommended unanimously to approve the division. A draft resolution is attached for your consideration. Agenda Item #8E: Dan and Keelo Ohland propose to subdivide off the rear portion of their property and 25070 Smithtown Road and convey it to two adjoining property owners to the west of them. The subdivided portions will be legally combined with the adjoining n t.J PRINTEO ON RECYCLED PAPER Executive Summary - City Council Meeting of September 26, 2005 Page 2 of2 lots. The division/combination allows the Ohland to make use of otherwise extra land, . while enlarging the lots of the two adjoining property owners. Can you say win-win? The Planning Commission recommended unanimously to approve the division/combination. A draft resolution has been prepared for your consideration. Agenda Item #8F: The Lake Virginia Woods final plat was pulled from the last agenda, pending resolution of how the site would be cleaned of what turns out to be an old farm dumpsite along the north edge of the property. The two owners have come to terms and the plat and a draft development agreement have been placed on the agenda for this coming Monday night. Staffrecommends approval of the plat, subject to the recommendations of the consulting engineer and execution of the development agreement. The developer intends to start underground utility work this construction season. Agenda Item #9A: Todd Wagner recently resigned from the Shorewood Park Commission. Council interviewed Robert Hensley in late August regarding his interest in serving on fie the Park Commission. Mr. Hensley has expressed his interest in filling this recently- vacated seat. The term for this position runs through February 28,2006. Mr. Hensley is presented for Council's consideration for appointment to this vacancy on the Park Commission. . . . . .\ . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 12, 2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING 0,0, " i,\,i FT. . Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love, Councilmembers Callies, Lizee, and Turgeon; Administrator Dawson; Attorney Keane; Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: Councilmember Wellens B. Review Agenda Mayor Love reviewed the Agenda for the meeting. Director Nielsen stated Item 8A had been withdrawn and would not be present on this Agenda for discussion this evening. Turgeon moved, Lizee seconded, Approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, August 22, 2005 Callies moved, Turgeon seconded, Approving the Special Meeting Minutes of August 22, 2005, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, August 22, 2005 Lizee moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of August 22, 2005, as presented. Motion passed 4/0. C. City Council Work Session Minutes, August 22, 2005 Turgeon moved, Callies seconded, Approving the City Council Work Session Meeting Minutes of August 22, 2005, as presented. Motion passed 4/0. 3. CONSENT AGENDA: Lizee moved, Callies seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - no action required #- ;2 ft CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 Page 2 of6 c. Adopting RESOLUTION NO. 05-077, "A Resolution Approving a Temporary On- Sale Liquor License for Shorewood Liquor for September 14, 2005." Adopting RESOLUTION NO. 05-078, "A Resolution Approving a Temporary On- Sale Liquor License for Shorewood Liquor for January 18, 2006." Adopting RESOLUTION NO. 05-079, "A Resolution Approving a Temporary On- Sale Liquor License for Shorewood Liquor for May 10, 2006." D. Adopting RESOLUTION NO. 05-080, "A Resolution Accepting Bid and Awarding Contract for 2005 Pavement Marking and Radisson Road Improvement Projects." E. Adopting RESOLUTION NO. 05-081, "A Resolution Proclaiming November 12-19, 2005 to be Housing Awareness Week 2005." F. Accepting Proposal from American Engineering and Testing, Inc. for Professional Engineering Services Motion passed 4/0. 4. MATTERS FROM THE FLOOR No matters from the floor were presented. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING There were no public hearings scheduled this evening. 7. PARKS A. Report on Park Commission Meeting Held August 23, 2005 8. PLANNING Commissioner Guiffke reported on matters considered and actions taken at the September 6, 2005, Planning Commission Meeting (as detailed in the minutes ofthat meeting). A. Approval of Final Plat - Lake Virginia Woods Director Nielsen stated this item had been withdrawn at the request of the applicant. 9. GENERAL/NEW BUSINESS A. Acceptance of the 2006-2010 Capital Improvement Program . '. . . . . .\ . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 Page 3 of6 Administrator Dawson explained the Council had reviewed the Capital Improvement Program (CIP) in a recent Work Session meeting. Recommended changes had been made in the CIP as requested; however, he also noted Engineer Brown had identified four roadway-related projects slated for next year that had funding of $100,000 necessary. Administrator Dawson explained these items were critical to the safety of residents and included guardrails and retaining walls. Councilmember Turgeon stated she had requested certain notations be removed in the CIP regarding donations for projects listed within the CIP, and noted they had not yet been removed. Administrator Dawson stated a misunderstanding had taken place in that request, and changes to the CIP could be made prior to acceptance. Discussion ensued regarding the best funding sources for this wetland project and other projects also associated with funding by donations. Finance Director Burton suggested the funding of this project be slated for 2007 and 2008 in order to allow for additional funding sources to be found in grant programs and other agency programming. Callies moved, Lizee seconded, Adopting RESOLUTION NO. 05-082, "A Resolution Adopting a Capital Improvement Program for the Years 2006-2010, as amended, with all funding sources related to the Freeman Park Wetland Restoration Project listed on Page 70 to be split between 2007 and 2008. Motion passed 4/0. B. Approval of the 2006 Proposed Budget and Setting the Truth-in- Taxation Public Hearing Dates Administrator Dawson explained City Staff had prepared the 2006 Proposed General Fund Operating Budget for review and approval this evening. Finance Director Burton then reviewed the highlights of the budget including the lack of levy limits imposed by State Legislature and retention by the State of the Market Value Homestead Credit. She noted the City's tax base would increase by 13.25% and then noted several transfers associated to the Capital Improvement Funds. She also reviewed funding issues regarding public safety, public works/engineering, municipal facilities, salaries and insurance, improvements to the document retrieval systems, park programming and other technology improvements contemplated as part of this budget as well. Administrator Dawson explained the truth-in-taxation procedures, noting the special public hearings required on the proposed budget and tax levy could take place on December 5, 2005. Callies moved, Lizee seconded, Adopting RESOLUTION NO. 05-083, "A Resolution Setting the 2006 Proposed General Fund Budget and Approving the Proposed 2005 Property Tax Levy Collectible in 2006." Motion passed 4/0. Callies moved, Lizee seconded, Adopting RESOLUTION NO. 05-084, "A Resolution Setting the Truth-in- Taxation Public Hearing on the Proposed 2006 Budgets and the 2005 Property Tax Levy Collectible in 2006." Motion passed 4/0. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 Page 4 of 6 c. South Lake Minnetonka Police Department 2006 Interim Funding and Resolution Proposal . Administrator Dawson explained that on August 19,2005, the Coordinating Committee of the South Lake Minnetonka Police Department (SLMPD) endorsed the "[mal version" of a proposal by its chair, Greenwood Mayor Newman, for funding the Department's 2006 recommended budget and working through the issues of differing positions among the member city councils. He also explained that during the week of August 22,2005, the city councils of Shorewood, Tonka Bay and Greenwood approved the Coordinating Committee "final version" proposal. On August 29, 2005, the Excelsior City Council did not approve the proposal, but offered modifications and sought approval of the other three-city councils. Administrator Dawson then outlined the four part proposal from Excelsior. Mayor Love stated the Coordinating Committee believed it had authorization to address only one item in the proposal with the remaining three items to be addressed by member councils. He stated he believed, as did other Coordinating Committee members, that this proposal did not meet the spirit of moving the SLMPD forward into the future. He noted the cities of Tonka Bay, Shorewood, and Greenwood had attempted a series of compromises, but he had yet to see compromise or movement on issues from Excelsior. He further stated with a change of heart by the City of Excelsior representatives, he believed there might be hope for progress toward the future, however, without that, he anticipated he would be returning to Council in the near future to begin discussions on having a three-city police department. To that end, he stated he did not wish to devote anymore Staff time to this topic, and requested the Council suggest action on this item. (. No suggested action was forthcoming from Council on this matter. . D. Request for Permanent No Parking Restrictions - Birch Bluff Road Director Nielsen explained the City had received a petition from numerous residents along Birch Bluff Road, requesting permanent "no parking" restrictions for the north side of the street between Grant Lorenz Road and Eureka Road. He stated several residents were present this evening that wished to address this topic before Council, and he had received one additional communication from a resident that was concerned for the number of signs to be placed as part of this request, as well as the look of the . signage for the area. Leo Meloche, 26120 Birch Bluff Road, stated this request began with the most recent Neighborhood Night Out event where residents were discussing the amount of traffic along Birch Bluff Road. He stated all residents agreed the roadway was quite narrow and with two cars parked on the road, it was impossible to pass between them with an emergency vehicle or bus. The general feeling of the neighborhood at that time was that the roadway would be safer with one side posted "No Parking." Gene Ruffenach, stated he had lived the area of Birch Bluff Road, west of Eureka, for the past twenty- seven years. He noted that there was a great deal of lakeside construction going on in the area, and he believed that most of the traffic was due to construction workers. By putting no parking signs on the northerly lakeside where the mailboxes were located, he anticipated parking would be pushed to the south side of the street and the residents there would be penalized as a result. He stated there did not seem to be any easy solution to this problem. Gale Olson, 25775 Birch Bluff Road, stated the northerly side of the roadway had room to park vehicles; however, the south side of the roadway had grass to its edge with a one-to three-foot drop. He also noted . . .' . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 Page 5 of 6 there was a big problem with construction traffic, and that the proposed solution would result in moving the problem to the south side of the roadway only. Discussion ensued by Council, Staff, and residents with regard to alternatives for solution. Engineer Brown suggested "No Parking" signs be posted for one year with a review at that time, and also suggested residents consider grouping or relocating mailboxes in a cluster so that all residents were ensured mail was received. Callies moved, Lizce seconded, Adopting RESOLUTION NO. 05-085, "A Resolution Prohibiting Parking Along Portions of Birch Bluff Road," with review of this action in one year's time. Without objection from the seconder of the motion, the maker of the motion amended the motion to include review of this issue by October 1, 2006. Motion passed 4/0. In response to a question by Councilmember Turgeon, Engineer Brown explained the signage should be placed within two weeks. 10. ENGINEERING/PUBLIC WORKS A. Accept Feasibility Report for the Interconnection of the SE Area Well and Amesbury Well Systems, and Authorize Preparation of Plans Specifications and Engineers Estimate Engineer Brown explained Council had been presented with a copy of a feasibility report, prepared by WSB & Associates, Inc., for consideration of the interconnection of the Southeast Area and Amesbury Area water system. He reviewed provided background on each of the systems with several statistics associated with flowage and connections for each. He then reviewed the four alternatives associated with interconnection of these systems. Next, he explained the process and procedures for moving forward with such a project. Callies moved, Lizce seconded, Adopting RESOLUTION NO. 05-086, "A Resolution Accepting a Feasibility Report and Authorizing Preparation of Plans, Specifications, and Engineer's Estimate for Southeast Area Well and Amesbury Well Systems." Motion passed 4/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson explained the City had received several calls from residents concerned about making contributions to the Gulf Coast residents in need of relief from Hurricane Katrina. He also stated a Councilmember had questioned whether the City wished to consider making the property next door to City Hall available for hurricane residents. Discussion ensued by Council regarding this topic. Councilmember Turgeon stated there were several agencies currently involved in hurricane relief efforts, and after speaking with several colleagues in other cities, she believed it was important to let the agencies handle relocation efforts, rather than making individual city attempts to do so. Councilmember Callies stated this issue brought forth larger issues of CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 12, 2005 Page 6 of 6 the City's emergency plan, and how to inform residents of this plan. All Councilmembers present agreed, noting more information was needed for residents and would be forthcoming in the near future. Mayor Love stated he had attended the League of Women Voters forum recently where this topic had come up as well. He also stated there would be a meeting of the Coordinating Committee on September 30, 2005, at 10:00 AM at the request of the Excelsior representative, and he invited all Councilmembers to attend. Councilmember Callies reported on attendance at Apple Day in Excelsior last weekend. 1. County Road 19 Intersection Engineer Brown provided an update on the County Road 19 Intersection project, noting Smithtown Road would need to be ,?losed from County Road 19 to the American Legion property for approximately three weeks in late September. He stated Staff continued to make provisions for emergency vehicles to access that roadway, and also stated similar measures were being taken to allow access to the Legion, Tonka Bayt, and the Minnetonka Country Club. He also distributed a schedule of construction events for the remainder ofthe project for this year. B. Mayor & City Council This item had been discussed prior to Item llAL 12. ADJOURN Turgeon moved, Lizee seconded, Adjourning the Regular City Council Meeting of September 12, 2005, at 8:14 P.M. Motion passed 4/0. RESPECTFULLYSUBNUTTED, Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk . '. . . . \,~ ":.4, .)J \of. . . . . . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, SEPTEMBER 12, 2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 8:00 PM or Immediately Following Regular Council Meetine MINUTES 1. CONVENE CITY COUNCIL WORK SESSION DR FT Mayor Love called the meeting to order at 8:30 P.M. A. Roll Call Present: Mayor Love, Councilmembers Callies, Lizee, and Turgeon; Administrator Dawson; Engineer Brown, Finance Director Burton, and Planning Director Nielsen; and Deputy Clerk Panchyshyn Absent: Councilmember Wellens B. Review Agenda Mayor Love reviewed the Agenda for the meeting. Councilmember Callies requested Item 6 be moved to Item 1 to be respectful of Staff time. Callies moved, Turgeon seconded, Approving the Agenda as amended. Motion passed 4/0. 2. ACCOUNTING CLERK 1 POSITION Administrator Dawson explained the history of this issue, noting a complete description of the position had been detailed by Finance Director Burton for full review of the scope of duties. Discussion ensued by the Council regarding the needs and dedicated Staff time for such a position. Administrator Dawson 9larified that this position would be a 50% time position. Council indicated consensus for a 50% time accounting clerk and additional staff time would be granted as needed on a per project basis. 3. MUNICIP AL WATER SYSTEM Items 3,4 and 6 on this Agenda were discussed at the same time. Administrator Dawson explained the Council had requested discussion of improvements to the City's infrastructure systems and financing options for each. Because the infrastructure systems were interrelated and improvements to them needed integration, it was prudent to discuss these items at the same time. He suggested a philosophical discussion about the important aspects of each would be beneficial to Staff and allow for various planning strategies to take place in the future. Discussion ensued by Council regarding the municipal water system and its impacts on roadway reconstruction projects. Councilmember Callies stated she preferred the City take a proactive approach to providing residents with municipal water service. '";1 d L~ CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MEETING MINUTES September 12, 2005 Page 2 of3 Councilmember Turgeon stated it made sense to advance the municipal water system when roadway reconstruction was taking place in all areas of the City. She stated Staff and future Councils would need to balance the needs of a roadway reclamation or reconstruction project, with the need for additional service as well as how to finance each of these projects. A brief discussion on assessments and the City's assessment policy ensued. Councilmember Callies stated she understood the current philosophy of special assessments as it attempted to provide equality for all residents; however, she believed it imperative that the assessment policy be periodically reviewed to determine if changes were necessary. Mayor Love stated he was hearing two different issues, that of roadways and water and he thought the City should encourage the expansion of municipal water service versus a forced expansion and assessment approach. Councilmember Turgeon stated it would be prudent to have road design criteria so that each roadway within the City was treated the same. Engineer Brown complimented Council on its philosophy in the past regarding expansion of municipal water service and requested Council's help into the future in determining some of the roadway standards. He summarized the discussion by noting Council had agreed that development of standards for roadways would be beneficial, and within each standard, Staff should look to incorporate municipal water service into each roadway standard and project if prudent and necessary. Mayor Love requested water quality issues also be incorporated into the roadway standards. Councilmember Lizee agreed. Engineer Brown also questioned whether a feasibility report should be considered as part of various roadway standards if the cost to doing so was fiscally responsible. Council indicated agreement with this idea. ,l; .... .~ ''4 '..,J,',' . . . After a brief discussion regarding assessments and a question by Finance Director Burton, the Council . indicated consensus for requesting Staff to develop an assessment policy regarding the water connection system for Council review. With regard to a roadway assessment policy, Engineer Brown stated Staff would explore alternative methods of construction within the design/build process to assist in cost saving measures for residents. More information would be presented at a later time. 4. ROADWAY ANDR-O-WSTANDARDS This item was discussed as part ofItem 3, 4 and 6. 5. TRAIL PROCESS Given the time, Council agreed to place this item on a future Work Session Meeting Agenda for consideration and review. . r.. .'" I '" . . . . . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MEETING MINUTES September 12,2005 Page 3 of3 6. ASSESSMENT POLICY DISCUSSION This item was discussed as part of Items 3 and 4. 7. ADJOURN Turgeon moved, Callies seconded, Adjourning the Work Session Meeting of September 12, 2005, at 9:45 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk I. . . . . . PAYABLES APPROVALS For 9/26/05 Council Meeting Prepared b';lJ/JIi'7 72/ '/J, Date: 9!~5 Michelle T. N gu 1. n, Sr. Accounting Clerk I Reviewed by: ~~Cuuh Date: otIJ.22.()(r Bonn e Burton, Fin Date: 0&.226 -1fJA . PAYROLL APPROVALS For 9/26/05 Council Meeting Prepared by~/" ~. ( Michelle T. Nguy.i , Reviewed by:li:>/~ Bonnie Burton, Fin tJLnl",-. .1/. Date: ~ tJ<5 r. Accounting Clerk Approved by: Crai Date: ()d).L2.fJS" ce Director Date: ()~ 'J2.r;r . wson, City Administrator . . ...... CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, SEPTEMBER 13, 2005 5755 COUNTRY CLUB ROAD CITY HALL 7:00 P.M. . MINUTES 1. CONVENE PARK COMMISSION MEETING DRAFT Chair Davis called the meeting to order at 7:05 p.m. A. Roll Call Present: Chair Davis; Commissioners Young, Farniok, later arrival Moonen and Loheit; City Engineer Brown; and City Council liaison Turgeon Absent: Commissioners W esterlundand Wagner B. Review Agenda . Additions to New Business included an update on Manor Park Shirley Rice Memorial Garden and Apple Days. Farniok moved, Young seconded, approving the revised agenda. Motion passed 4/0. 2. APPROVAL OF MINUTES . A. Park Commission Meeting Minutes of August 9, 2005 Farniok moved, Young seconded, approving the Park Commission Meeting Minutes of August 9, 2005 as submitted. Motion passed 4/0. B. Park Commission Work Session Minutes of August 23,2005 . Young moved, Farniok seconded, approving the Park Commission Work Session Minutes of August 23, 2005 as submitted. Motion passed 4/0. 3. MATTERS FROM THE FLOOR There were none. 4. REPORTS A. Report on City Council Meetings Turgeon reported that the Council has examined the CIP and budget for 2006 Approving and distributing funds for the Freeman Park Wetland Restoration proj ect over a longer period of time. Moonen arrived at 7:08 p.m. . Brown stated that the park CIP was inserted into the budget as presented and commended the Commission for a proactive CIP which appropriates funds to numerous projects and improvements. 0A: ,.- PARK COMMISSION AGENDA TUESDAY, SEPTEMBER 13, 2005 PAGE 2 OF 2 B. Update on the Buckthorn Event . Brown reported that the city has ordered and is awaiting both a medium and large weed wrenches at the cost of $350 for the event. Young stated that during the Apples Days festival he received numerous comments regarding the detailed boards depicting both the buckthorn removal event at Freeman and the wetland restoration project. He noted that many people stopped and were impressed by the ideas. He complimented staff for putting together such wonderful boards for the public to view the proposed projects. Young added that the info on the proposed Carver County dog park was helpful, though a board detailing the precise location and time line might have been useful, since many people inquired about donating money for the dog park. Young commented that the boards generated the most amount of public interest he'd seen in all his years volunteering at the event. Brown stated that they would be posting the boards at City Hall for residents to see. Chair Davis stated that more information would be added to the boards as it comes available, especially related to the dog park, to be posted at the Foundation craft fair in November. She stated that she would put together articles regarding the buckthorn event and dog park for the newsletter and suggested staff provide an online registration for residents interested in volunteering for the buckthorn event. . Brown stated that staff would be working on the logistics of online registration. Chair Davis encouraged staff to investigate donations for the event including carbs, coffee, cocoa, water etc., though individuals could make brownies, etc. . 5. WINTER COMMUNITY SKATING PARTY EVENT Chair Davis asked for Commission comments regarding their level of support for this great concept that had been proposed in the past. Turgeon suggested that the Commission or staff speak to Deephaven, since they successfully hosted a winter festival last year attended by hundreds within their community. . Brown stated that the City should have good ice, weather permitting, if the event were to be held late January or early February. He indicated that the entire Manor Park ice could be plowed though parking is limited, or that Freeman's Eddy Station was intended to be used as a warming house facility. Moonen stated that he believed it could be a great event the weekend before or after the Super Bowl, as the Lions had hosted a similar occasion years earlier featuring dog sled races, out house races, skating, and bonfire. Loheit suggested they investigate funding avenues such as the Wild hockey franchise 10,000 Rinks Foundation, who is always looking for ways to encourage skating. Young stated that if the City hosted the event at Badger rink, an alternate activity could be planned to concur at the Southshore Center in case winter weather doesn't cooperate. . Farniok stated that she was neutral on pursuing the project. .... . . . . . PARK COMMISSION AGENDA TUESDAY, SEPTEMBER 13, 2005 PAGE30F2 Chair Davis stated that she would make a few phone calls, and report back at the next meeting. She did not believe the City should pour extra ice at Freeman just for this activity. 6. MOVE TO CLEAR PARKS FOUNDATION OF DEBT FOR EDDY STATION Young moved to recommend to the City Council that the Park Foundation be cleared of this debt allowing them to move forward putting their energy to new projects. Chair Davis pointed out that the Foundation has had more success raising money for the moment more successfully than trying to raise money to service old debt. She indicated that she was satisfied with the motion and noted that they had learned a valuable lesson going forward. Brown summarized that during the initial work session at which the Foundation put forth this pledge, the City Council acknowledged that the Foundation might not be able to meet this commitment. In fact, the City Council transferred funds to cover the debt by the Foundation two years ago to clear the books. Turgeon concurred, stating that though the debt was erased two years ago, the Foundation wishes to see it memorialized by motion that they have been forgiven the debt. Farniok stated that she felt the Commission would like to see a statement of where the Foundation is going from now, what their plan is going forward, and how aggressive they wish to be with regard to coming projects. Farniok seconded, adding that while the historical commitment is recognized as being set aside, the Commission would be interested in working proactively with the Foundation going forward on a fundraising plan. Young accepted the amendment. Motion passed 5/0. 7. DETERMINE LIAISON FOR SEPTEMBER 26 CITY COUNCIL MEETING September 26: Chair Davis October 24: Westerlund 8. NEW BUSINESS Chair Davis shared an email she received from Commissioner Wagner expressing his apologies for his numerous absences and acknowledging that his work schedule will not allow him to be present for several upcoming meetings; therefore, offering up his resignation. Davis noted that, although he had not been able to attend regularly, Wagner had performed several helpful outside tasks for the Commission. Farniok suggested that Commissioners, such as Wagner and Gilbertson, be kept on a 'Friends of the Park Commission' list to contact when necessary. Turgeon suggested that Wagner be directed to submit a formal resignation. Farniok moved, Young seconded, to request a formal resignation from Commissioner Wagner, acknowledging his contributions and expressing the Commission's desire to tap into him as a resource going forward, and direct staff to solicit interest for a new representative. Motion passed 5/0. '" \ PARK COMMISSION AGENDA TUESDAY, SEPTEMBER 13, 2005 PAGE40F2 A. MANOR PARK . Farniok reported that the plaque was to be shipped 9/23/05 by the Shorewood Nursery. In addition, she noted that the project was moving forward as the club had recently planted hosta under the nearby pine tree. Farniok reported that a nearby resident, Mary Babcock, has offered to spend up to $500 per tree and cover the cost for planting trees east of the ballfield. She has donated trees before and has a vision for the park. Farniok asked staff to look into this opportunity. Chair Davis suggested Babcock be directed to work through the Foundation, and apply for a park commission position. Brown stated that he would try to frame up a proposal if Farniok could provide Secretary Grout with the contact information. Farniok stated that once the weed wrenches become available, the club would like to use them to remove a bit of buckthorn that has begun growing near the pond. She indicated that she would be submitting an article for the upcoming newsletter. . With regard to the County Road 19 intersection, Brown reported that Smithtown Road would be closed for 3 weeks starting 9/26/05 and traffic will be redirected. He urged the Commissioners to prepare themselves for comments and this painful inevitable period of the project. Brown noted that Hanks, at the Sun Sailor, has been instrumental in communicating with the public the changes associated with the project and would do so once again. . 9. ADJOURN Young moved, Moonon seconded, adjourning the Park Commission Meeting of September 13,2005 at 8:17 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, . Kristi B. Anderson Recording Secretary . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 6 SEPTEMBER 2005 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Bailey called the meeting to order at 7:04 P.M. ROLL CALL Present: Chair Bailey; Commissioners Conley, Gagne, Gniffke, Meyer, White and Woodruff; and Planning Director Nielsen and Council Liaison Wellens Absent: None . APPROVAL OF MINUTES · 23 August 2005 . . . Gagne moved, Gniffke seconded, Approving the August 23, 2005, Planning Commission Meeting minutes as amended on Page 2, Item 5, change "Commissioner Meyer reported" to Director Nielsen reported." Motion passed 6/0/1, with White abstaining due to absence at that meeting. 1. 7:00 P.M. PUBLIC HEARING - c.u.P. FOR ACCESSORY SPACE OVER 1200 SO.FT. Applicant: Vernon Compton Location: 25765 Smithtown Road Chair Bailey opened the Public Hearing at 7:05 P.M., noting the procedures utilized in a Public Hearing. He also explained that items recommended for approval on this evening's Agenda would be placed on the September 26, 2005, Regular City Council Meeting Agenda. Director Nielsen explained the applicant had applied for a conditional use permit to construct accessory space in excess of 1200 square feet on the property located at 25765 Smithtown Road. Mr. Compton proposed building a new utility shed to the west of an existing shed which is west of the house on the property. Since the area of the shed, combined with the existing shed and an existing attached garage, exceeded 1200 square feet, a C.D.P. was required. He went on to explain the property was zoned R-1C, Single-Family Residential and contained 59,961 square feet of area. The site was occupied by the owner's home and attached garage, and a 20' x 27.8' shed. The existing garage contained 720 square feet. The existing shed contained 667 square feet. Adding the proposed 10' x 20' shed added 200 square feet for a total area of 1587 square feet. The new shed would be approximately 30 feet from the south side of the site and 70 feet from the H.C.R.R.A. trail that formed the northerly boundary of the property. In addition, he explained the existing home contained a little more than 1800 square feet of floor area above grade. Director Nielsen also explained the request complied with all criteria set forth in the Zoning Code for this matter. However, he also noted the total area of impervious surface on the property was not known at this time, however, it was expected to be well under the 33 percent maximum. Since the structure was relatively well screened from view of adjoining properties by existing vegetation additional screening was not CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES September 6, 2005 Page 2 of7 considered necessary. Further, he stated he had received elevation drawings earlier in the day that . demonstrated the proposed building complied with the City's height requirements. Based upon the preceding analysis, it was recommended the applicant's request for a conditional use permit be granted, subject only to the standard warning that such structures were for residential use only, and that any type of home occupation conducted within an accessory building must obtain a separate permit. Vernon Compton, applicant, stated he would be happy to answer any questions the Commission had of him at this time. Seeing no one present wishing to comment on this case, Chair Bailey closed the Public Testimony portion of the Public Hearing at 7:10 P.M. In response to questions by Commissioner Conley, Mr. Compton explained that spoil board was a composite board product similar to particle board typically used in cabinetry, and he was recycling parking lot barriers as footings for this structure. Gagne moved, White seconded, Recommending Approval of a Conditional Use Permit, subject to . Staff Recommendations, for Vernon Compton, 25765 Smithtown Road. Motion passed 7/0. Chair Bailey closed the Public Hearing at 7: 14 P.M. 2. 7:15 P.M. PUBLIC HEARING - REZONING FROM R-1A. SINGLE-FAMILY RESIDENTIAL TO R-2A. SINGLE OR TWO-FAMILY RESIDENTIAL Applicant: Mark Kennedy Location: 23975 YeUowstone Trail . Chair Bailey opened the Public Hearing at 7: 15 P.M. Director Nielsen explained the applicant, Mark Kennedy, owned the property at 23075 Yellowstone Trail. He had requested a rezoning of the property from R-1A, Single-Family Residential to R-2A, Single and Two-Family Residential, to facilitate a subdivision of the property into two lots. The subject property contained 44,045 square feet of area and was currently occupied by Mr. Kennedy's . home and a detached garage. He noted the land use and zoning surrounding the property to the north included single-family residential; zoned R-1A to the east included Lake Linden (wetland); zoned R-1C; to the south included two-family dwelling; zoned R-2A; and to the west included single-family residential; zoned R-1A. Director Nielsen then displayed a zoning map of the area, noting there were several possibilities for rezoning that would be logical for this property. He also stated evaluation of any rezoning request should be based upon the Comprehensive Plan. In addition, it was important to understand if the property could be developed under the proposed zoning. With respect to the Comprehensive Plan, the current land use designation for the sit was "Low Density Residential, 1-2 Units Per Acre". Since the property south of the applicant's was zoned R-2A, the rezoning could be viewed as a logical extension of that zoning. The R-2A district allowed two-family dwellings on 30,000 square-foot lots or single-family homes on 20,000 square- foot lots. The applicant had indicated that he wished to subdivide the property into two single-family lots. He went on to explain that while the current application did not include a request for subdivision, it was important to consider how the property could be developed under the proposed zoning. He also noted the . applicant had not yet submitted a plan showing how the property could be divided, however, his request . . . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES September 6, 2005 Page 3 of7 letter indicated the two future lots would contain 18,500 and 19,500 square feet of area. This was inconsistent with the survey of the property that showed a total area of 44,045 square feet. Director Nielsen then stated Staff had taken the liberty of considering two alternatives for division of the property. Both alternatives appeared to comply with the dimensional requirements of the R-2A district (minimum 100 feet of width, measured at the building line, and 120 feet of lot depth), and appeared to comply with the minimum lot area requirement of 20,000 square feet. He explained that the first alternative was more conforming, and should the concrete patio on the east side of the home be reduced in size, the property would comply with R-2A setback requirements. He further explained that the second alternative resulted in the garage being too close to the rear property line. Director Nielsen also explained a third alternative had been proposed by the applicant that included a "gerrymandered" lot line that was not typically utilized in subdivision situations. He concluded by stating that should the applicant demonstrate that the proposed lots can, in fact, be subdivided in compliance with R-2A standards without any variances, the request should be viewed favorably. Mark Kennedy, applicant, was present and explained there were several old mature trees on the lot that necessitated the "gerrymandered" lot line to be saved. He stated he preferred the second alternative, and noted the property could easily be split in two that would allow for single family residences on each one. Chair Bailey closed the Public Testimony portion of the Public Hearing at 7:22 P.M. Commissioner Gagne stated he would like to see the lot split with R-1A designation as he was concerned that the R1-C district was creeping into more residential neighborhoods. Director Nielsen stated that, from a planning standpoint, cities typically tried not to create a zoning change at a side property lot line, as it was typically better suited to the rear of the property. In response to Chair Bailey's question, Mr. Kennedy stated it was his intent to split the property to allow two single-family dwellings for the future. Commissioner Conley expressed discomfort with extending the R-2A district to the north as it would allow the district to "front" on Yellowstone, and if the R -1 C district allowed for the same single-family building pattern, then it seemed more compatible with the nearby zoning and area. Commissioner Woodruff stated he preferred the R-1C zoning designation in this case better than the R-2A. Commissioner Gniffke agreed. Chair Bailey stated he preferred the R-2A district designation as it provided more diversity in the City housing stock and he saw this as an opportunity to expand that district from current designations. He thought it did not seem to make the district "creep" as that district would distinctly end at Yellowstone Trail and it added diversity to the City. Mr. Kennedy requested clarification on the impact of the R-1C designation. Director Nielsen explained that under the R-2A designation, there could be two family dwellings that would accomplish the same goals. However, he would recommend two single-family houses as being in the best interests of both families in that area. This could be accomplished with an R-1C designation as well. Gagne moved, Gniffke seconded, Recommending Modifying the Application to Recommend Rezoning the Property from R-IA to R-IC. Motion passed 7/0. Chair Bailey closed the Public Hearing at 7: 31 P.M. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES September 6, 2005 Page 4 of7 .' 3. 7:30 P.M. PUBLIC HEARING - REZONING FROM C-3. GENERAL COMMERCIAL TO R-IC. SINGLE-FAMILY RESIDENTIAL Applicant: City of Shorewood Location: 5745 Country Club Road (Badger Well site) . Chair Bailey opened the Public Hearing at 7:32 P.M. Director Nielsen explained that in May of this year, the City approved a Conditional Use Permit for a new well building for the Badger Well site, located next to the South Shore Senior Community Center. One of the conditions of that approval was that the property should be rezoned from its current C-3, General Commercial zoning to R1-C, Single-Family Residential. He also noted that once the Council had approved an ordinance amending the zoning, the property would then be legally combined with the rest of the City property associated with Badger Field. Seeing no one present wishing to comment on this case, Chair Bailey closed the Public Testimony portion ofthe Public Hearing at 7:34 P.M. . Conley moved, Gagne seconded, Recommending Approval of the Request for Rezoning from C-3, General Commercial to R-IC, Single-Family Residential. Motion passed 7/0. Chair Bailey closed the Public Hearing at 7:36 P.M. 4. MINOR SUBDIVISION Applicant: Scott Henry Location: 24835 Yellowstone Trail . Director Nielsen explained the applicant, Scott Henry, was the owner of the property located at 24835 Yellowstone Trail. Mr. Scott had requested approval of a minor subdivision, splitting the property into two lots. He went on to explain the property was zoned R-1C, Single-Family Residential and contained 54,779 square feet of area. It was occupied by Mr. Henry's home situated on the westerly half of the property. The proposed lots would be 21,464 square feet and 38,315 square feet (with the house) in area. Director Nielsen also explained the subject property was originally platted as Lot 3 and Lot 4, Block 1, Deerfield Addition. Many years ago the two lots were legally combined into a single parcel. This request for resubdivision of the lots into two building sites simply separated them back to their original configuration. Both of the proposed lots complied with the requirements of the R-1 C zoning district. Both the existing home and the proposed home complied with R-1C setback requirements. Mr. Henry had provided hardcover calculations for the lot with the existing home on it. At 19.04 percent, this was well within the maximum allowed by Shorewood's Zoning Code. In addition, at staffs request, the applicant had provided legal descriptions for drainage and utility easements, 10 feet around each of the lots. Prior to City Council review of the request, the applicant should provide deeds for the required easements. In addition, City records indicated the property was only served with one sewer connection. However there was a manhole conveniently located in front of the property into which another connection can be made at such time as a new home was built on the property . Director Nielsen recommended the minor division be approved subject to the following: 1. The applicants must provide deeds for drainage and utility easements, 10 feet around each lot. . . . . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES September 6, 2005 Page 5of7 2. The applicants must provide an up-to-date (within 30 days) title opinion for review by the City Attorney. 3. Prior to release of the resolution approving the request, the applicants must pay one park dedication fee ($2000) and one local sanitary sewer access charge ($1200). 4. Since the division itself does not result in the removal of any trees from the property, tree preservation and reforestation could be addressed at the time of application for building permits. Scott Henry, applicant, stated he would be happy to answer any questions the Commission had of him on this matter. Gniffke moved, Woodruff seconded, Recommending Approval of a Request for Minor Subdivision, subject to Staff Recommendations, for Scott Henry, 24835 Yellowstone Trail. Motion passed 7/0. 5. MINOR SUBDIVISION/COMBINATION (LOT LINE REARRANGEMENT) Applicants: Dan Ohland, Robert Gutierrez, and Chris Putnam Locations: 25070 Smithtown Rd. and 5615 & 5635 Fairway Drive Director Nielsen explained Dan and Keelo Ohland owned the property at 25070 Smithtown Road. The Ohlands proposed splitting off the northerly 236 feet of their property to sell it to Robert Guttierrez and Christopher Putnam, whose properties were located immediately to the west at 5615 Fairway Drive and 5635 Fairway Drive, respectively. The request was for a minor subdivision and combination to rearrange the lot lines between the respective parcels. All of the subject properties were zoned R-IC, Single-Family Residential, and were occupied by the owners' homes. In addition, the Ohland property had been occupied by his excavation business that was subject to discontinuance pursuant to an interim use agreement approved in 2002. Director Nielsen then explained the existing and proposed lot areas of the three parcels. He went on to explain the proposed division/combination complied with the requirements of the R-I C zoning district and appeared to benefit all three property owners. The Ohlands were able to dispose of relatively unusable land to the north of their house, while the Gutierrez and Putnam lots were increased in area, resulting in larger back yards for those two lots. He also stated the Ohland property had been occupied for years by an excavation business. In 2002, the City approved an interim use permit, allowing the Ohlands to make certain improvements to their nonconforming property, provided the business would be eliminated by 17 October of this year. As part of removing the business, a significant amount of driveway and parking area would be removed. This would bring the hardcover on the Ohland parcel to 32.9 percent, in compliance with zoning requirements. Director Nielsen complimented the neighbors on resolving this situation to provide amenable solutions for all and recommended that the division and combination be approved, subject to the following: 1. The applicants must provide drainage and utility easements 10 feet around each of the newly described parcels. These easements have been described for the Gutierrez and Putnam lots, but not for the Ohland parcel. It was worth noting that Gutierrez and Putnam may, at some future date; wish to request partial vacations of the existing easements on their lots. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES September 6, 2005 Page 6of7 2. The applicants must provide up-to-date (within 30 days) title opinions for review by the City Attorney. . 3. Unless the portions of driveway and parking areas on the Ohland property could be removed prior to recording the division and combination, the applicants must submit a bid for completing the work, from which a letter of credit or cash escrow would be required (1.5 times the bid). This work should be completed by 1 November 2005. 4. Since no new lots were being created, there were no park dedication or local sanitary sewer access charges associated with the approval. 5. Items 1 and 2, above must be completed prior to the Council meeting at which the request was to be considered. Once approved by the Council, the applicants had thirty days to record the lot line rearrangement and new easements. Director Nielsen also stated the owners might want to request vacation of utility easements in the future as they were a bit wider than usual. He suggested the City Engineer be contacted to review this matter when . the time was appropriate for the property owners. Dan Ohland, applicant, stated he had several requests. First, he requested the City waive the request for bids for Item 3 in the conditions stated, as he did this kind of work for a living. He also requested the City consider allowing him to tear down the old garage in front and rebuilding it in the rear of his property. He stated he would most likely be unable to determine a hardship for this request, however, the old garage was quite unsightly and the new garage would match the home and have a location that would be unobserved by . other neighbors. He stated he would likely be bringing this request forward, but wished to provide background on the situation at this time. Relative to that request, he also stated he wished to provide a driveway to that new garage going through the lowland on his property off Fairway Drive. Chair Bailey thanked him for his comments; however, he noted they were separate issues from the request before the Commission at this time. The applicants and Commissioners requested various clarifications related to the request that Director . Nielsen provided for them. White moved, Gagne seconded, Recommending Approval of a Request for a Minor Subdivision/Combination (Lot Line Rearrangement), subject to Staff Recommendations, for Dan Ohland, Robert Gutierrez, and Chris Putnam, 25070 Smithtown Rd. and 5615 & 5635 Fairway Drive. Motion passed 7/0. 6. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 7. DRAFT NEXT MEETING AGENDA Director Nielsen explained a discussion on signage issues would be slated for September 20, 2005, Planning Commission Meeting Agenda. He also noted there would not be a Study Session Meeting in October of this year. . \0 CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES September 6, 2005 Page 70f7 . . . . . 8. REPORTS · Liaison to Council Recording Secretary Keefe reported on matters considered and actions taken at the August 22, 2005 Regular City Council Meeting (as detailed in the minutes of that meeting). · SLUC Chair Bailey stated the most recent Sensible Land Use Coalition Meeting regarding the Keelo case was quite interesting. No other information regarding the upcoming SLUC meeting was presented. · Other None. 9. ADJOURNMENT Gagne moved, Woodruff seconded, Adjourning the September 6, 2005, Planning Commission Meeting at 8:21 P.M. Motion passed 7/0. RESPECTFULLYSUBN.nTTED. Sally Keefe Recording Secretary . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 1 September 2005 RE: Compton, Vernon - C.D.P. for Accessory Space in Excess of 1200 Square Feet FILE NO.: 405 (05.22) . BACKGROUND . Mr. Vernon Compton has applied for a conditional use permit to construct accessory space in excess of 1200 square feet on the property located at 25765 Smithtown Road (see Site Location map - Exhibit A, attached). Mr. Compton proposes to build a new utility shed to the west of an existing shed which is west of the house on the property (see Exhibit B). Since the area ofthe shed, combined with the existing shed and an existing attached garage, exceeds 1200 square feet, a C.D.P. is required. The property is zoned R-IC, Single-Family Residential and contains 59,961 square feet of area. As shown on Exhibit B the site is occupied by the owner's home and attached garage, and a 20' x 27.8' shed. The existing garage contains 720 square feet. The existing shed contains 667 square feet. Adding the proposed 10' x 20' shed adds 200 square feet for a total area of 1587 square feet. The new shed will be approximately 30 feet from the south side of the site and 70 feet from the H.C.R.R.A. trail that forms the northerly boundary of the property. The existing home contains a little more than 1800 square feet of floor area above grade. ANAL YSIS/RECOMMENDATION . Section 1201.03 Subd. 2.d.(4) of the Zoning Code prescribes criteria for granting conditional use permits for accessory space over 1200 square feet. Following is how the applicant's plans comply with the Code: ,'lit '..1 PRINTED ON RECYCLED PAPER *8A. . . . . . Memorandum Re: Compton CUP 1 September 2005 a. The total area of accessory buildings (1587 square feet) does not exceed the proposed floor area (1800 square feet) above grade of the existing home. b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the R-1C zoning district (.10 x 20,000 = 2000 square feet). c. The proposed garage complies with R-1 C setback requirements. The total area of impervious surface on the property is not known at this time, however, it is expected to be well under the 33 percent maximum. Since the structure is relatively wen screened from view of adjoining properties by existing vegetation additional may not be necessary. d. The architectural character of the new building will be the similar to the existing accessory building. Although no elevation drawing of the proposed building has been submitted as of this writing, it is described as one story in height, with a 4:12 asphalt shingle roof. Siding will be a rustic plywood with cedar battens, 16 inches on center. The new building will help to screen the existing view of the lean-to structure on the west side of the existing shed. Based upon the preceding analysis, it is recommended that the applicant's request for a conditional use permit be granted, subject only to the standard warning that such structures are for residential use only, and that any type of home occupation conducted within an accessory building must obtain a separate permit. cc: Craig W. Dawson Tim Keane Joe pazandak Vernon Compton -2- ~ (,{fW u. iN/- I' f---l ;~ ~~ i-- W -Ii! , -i - y'. -1-j\ Vl '\ I~\\ \ U, ~ \ \---: n - YlnOUNWW \ ~J \ ----r- g( ,----' ....J.S ) ~ / / \ t--< ~ \ 1\1 ~i .~o ~ / ~ I 11 · W'.. ~!- I l~/I ~.. ~~ 6 1/ .. ~~ '\. =~ 7/ .. .. ~ \ '\ \ ", ~ I ~ J t-- .. .. ~~~ I . . . I---J It.----- "" '" 7 I I I .. .. -~ I}; ~.. _~~:=n~ ~ ~ ~\ Y _l " I I l~ ~~.J:. .H ri~ ~ 9~ - .g e .. > 0 ~ '\ '" fJ)Q. ~ .... : o. Mal_covaw _ -\ \ """" .. 1- - ~.~ ~ :.- '/~l ~ .; "- ~ I L, "- ,- ~I~ 111 Iii! .. .. .. = .. -I r--- "..,.,:..,~ .. ;1 } r [7f' I--- I-- ~--- .. Ii! I-- I--- '--- . a. lID '-- - .. ~.. !A~ - ~.~_. ~O 3"'0 i---- ..~.. ~ f- - \. I \ Iii! I i - ~J I I Qj 8~ 0. \( :z.....c: ~ :5 n-~~ ?- 'f~ L j I-- :\~ y ~ 1 ~ .... :- o "' N o .. 1..-. Dr [ ... .. .. I \ \ 1nI l:l ); ~ · ~~ro' ! : ~:8~II' ! ~~ ~ L- eo a. c: eo E CD ~ LL ~\ I ~~ --/7 · ~,-- I-- ~ I-- / ~I-- i =: ~ ~ .- ~~~ I-- I I /l [~ n_~ ~ n_~;::: --JJ I ~~~I IT~~ ~ 01 Exhibit A A~ SITE LOCATION 1/ "\ I Compton - conditional use permit I ":. ", "-:.,-, :! ("': -. "", \".., " ~, , / ,~: '1; ;rcv"'- " :a~ ~fiU l't._ .. q~:~ ~; I I .,;\ '\" 1;: ;.I .' ......r... ;',U(;J :(r ;11 J hi i "I J'? .:; !II Ci1.i.N?II,'lOYlO 1'1 ri\1 to I ~L {) ...~ ;j 0 1. ,3'~i.cl ()r: 1'1 ',:!.-If- EI f (j d i ,!S J, ',< \; .J ;:! ;-1 _L :K 1.,'1 "Fl;;:J ;) tt..:\1 l' ;~ jO ~tI) .. - ~.,'. --,.. ,.."" 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(. ,~l () I;",?- \ '\\-.. ., " "".{JI "'-l.;)':' :~;.. ...J ~' .... 1'$,.". >~'{~J-, ~'..P- .> ' .~_ .~...;t! . ,/'j . . r . ;;,.,1 " (,," ",;1 ;:~ ~-',:r!' ", "" ''\.., ~" '\ ~, .' " .,'i' ,~~:'~~~, i. _\::'::;- .; .>i ,-" 'X. ~'_. .:; ...... ,- Z a:l< .......:l .....~ :9!:il ..c::f-; ><..... !:ilC/) ...,'" ,,",-' 1!;.~1 , i " t \ ',i . ~ ~ .j' -fl li -i,~ Ii J', !.~ ':l" '<1l"";1 ~; \~ Ii :V- ~t \~ r~ t, ~ ~I CO ~.,. t' .. f:.l.: ~" ~; ~ ~ ~ 1/. hr.u ~, '.1 ~{} .. .U'f N ~ UlI 40 :,:CO " G:) il \1;~ 11 h__ Ifl Exhibit C EXISTING BUILDING - WEST ELEVATION Exhibit D EXISTING BUILDING - NORTH ELEVATION ~ . E vJ vi r I I I I E..r/~~6 --J . 5)ORA-(de ~~~ ~ ~ l....~AN ..'\0 . 1 I J ~ .r---'2'~ r . \< = ~ , . ~ 10'oV----1' ! l' ... ~i ~! a ,r..---.. J 'PRo Pose 1:> I OXZD S.ToR.A-~" ~v.:I.\. o:UJ(G ~EQ uraaJG. Q t) t-J'""j):i: .1.0.0 A L.. U~ ~ e~ f\'\.':tT ~ (V\ ~ '\\.\.12.. 1: ll2-E: E7 w II N \ 0 I - '2.01 of:' 'E'J{, ~"'I. ~ G A"'-\"l;> ?~ C> ~~E:'D ~ "~'-'.t- "'1.l1ur; I . Exhibit E EXISTING VEGETATION Note: north is down . .\ . . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO VERNON COMPTON WHEREAS, Vernon Compton (Applicant) is the owner of real property located at 25765 Smithtown Road, in the City of Shore wood, County of Hennepin, legally described as: "Lot 101 except the east 220.26 feet of Auditors Subdivision No. 133, according to the record plat thereof, being in the Southeast Quarter of the Northeast Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota"; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for . the construction of a detached utility building which will have approximately 200 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 1 September 2005, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at its regular meeting on 6 September 2005, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting on 26 September 2005, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The total area of accessory space (1587 square feet) does not exceed the floor area above grade of the principal structure (1800 square feet). 2. The Applicant's lot contains approximately 59,961 square feet of area, and that the total area of accessory space on the property will not exceed 10% of the minimum lot area for the R-IC Zoning District in which it is located (2,000 square feet). -1- 3. The design and materials of the utility building are compatible with the architectural character of the existing home. 4. The proposed utility building complies with all setback requirements for the R -1 C District. CONCLUSION a. That the application of Vernon Compton for a Conditional Use Permit as set forth herein above be and hereby is granted. b. That this approval is subject to the following: 1. The proposed accessory structure will be used strictly for purposes of a residential nature. 2. The Applicant is hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the structure for other than allowable residential purposes must comply with such regulations. c. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. . ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 26th day of September 2005. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK -2- . I. . . . - . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 · www.ci.shorewood.mn.us. cityhall@ci.shorewood.mn.us MEMORANDUM . Mark Kennedy owns the property at 23075 Yellowstone Trail (see Site Location map - Exhibit A, attached). He has requested a rezoning of the property from R-1A, Single-Family Residential to R-2A, Single and Two-Family Residential, the purpose of which is to facilitate a subdivision of the property into two lots. The subject property contains 44,045 square feet of area and is currently occupied by Mr. Kennedy's home and a detached garage. Land use and zoning surrounding the property are as follows: North- East- South- West- single- family residential; zoned R..l A Lake Linden (wetland); zoned R-lC two-family dwelling; zoned R-2A single- family residential; zoned R -1 A Mr. Kennedy's request letter, dated 4 August 2005, is attached as Exhibit B. ANAL YSIS/RECOMMENDATION . Evaluation of any rezoning request should be based upon the Comprehensive Plan. In addition, it is important to know if the property can be developed under the proposed zoning. With respect to the Comprehensive Plan, the current land use designation for the site is "Low Density Residential, 1-2 Units Per Acre". Since the property south of the applicant's is zoned R-2A, the .... ~~ PRINTED ON RECYCLED PAPER :# 8. B. ... . .i . (' . Memorandum Kennedy Rezoning Request 30 August 2005 rezoning could be viewed as a logical extension of that zoning. The R-2A district allows two- family dwellings on 30,000 square-foot lots or single-family homes on 20,000 square-foot lots. The applicant has indicated that he wishes to subdivide the property into two single-family lots. While the current application does not include a request for subdivision, it is important to see how the property could be developed under the proposed zoning. As of this writing, the applicant has not submitted a plan showing how the property could be divided. It should be noted that his request letter indicates that the two future lots would contain 18,500 and 19,500 square feet of area. This is inconsistent with his survey (see Exhibit C) that shows a total area of 44,045 square feet. Staff has taken the liberty of drawing two possible divisions - illustrated on Exhibit C. Both of these alternatives appear to comply with the dimensional requirements of the R-2A district (minimum 100 feet of width, measured at the building line, and 120 feet oflot depth), and appear to comply with the minimum lot area requirement of 20,000 square feet. It should be stated that Alternative B results in the garage being too close to the rear property line. Alternative A is more conforming, and ifthe concrete patio on the east side ofthe home were reduced in size, the property would comply with R-2A setback requirements. Assuming the applicant can demonstrate that the proposed lots can, in fact, be subdivided in compliance with R-2A standards, without any variances, the request should be viewed favorably. Cc: Craig Dawson Larry Brown Tim Keane Mark Kennedy -2- "'. jJI1W -. ':~'WoI:iljf::S",~)(~:-!"..", ~T\~ ~ ~,\ ~. \, ;db=!l ~\ ~,,~ · ~ ,. ~\, I -t=t::. '< \ Lll ""'.( ~~k,-~~~V f' l~li ,'[ ~ ~~ · ~ L.----' \ 1'-' - /. y\ \, (\~ ~_, L I 7' j ~ \ ~ '\ ,,"'. . r~~~~\~~~'Tj B\ I r11 ~y ~ ~ ~ y ~/ I I 1 T _ I r (f'r\ I / /k;= L11!~ -il ,y ~ - @._~I.~- I ;aD · j"L- '--'- W0I- jQ --- sfJ - , -=ir-" U · · ~ID="~':--- '-"\\ ~ 7j!3J _ ~ \ Ii ~~~- .Ai ~~. _ "!:.D. .~!., ~ I ~_ --I I 8' · q ~ ,.......__1 H IU ~. =- '\11 _ T I _ 1 ~ l ~.' ~Xhibit A 1 I SITE LOCATION Kennedy . rezonIng request , l ~ T"" ~ "t ~ ':j:. ~ ~ i I !1li - _ -i c;!f,,"__ . 1 - l: , ~~r~~~~" '~ ~ . "",~:.?,o':,J)iAii~~~'" ,,' . ._ ~1'i""io11<;;<<..iWtIi & ~t ~_.. \ ~W.AiIDoiitfo'.~!mo~Iftt...;, ~,-,,~+~oi;"$tti!o;J.1*~>>t.~MJ)i.J\ ~ [P- ~~\ -< ,-\ iWllf" L ==-1 1/-- - - ~ - L - --- -I L---I- '- I ~ T- ~ ~ ~ -l-- ./ I "'rI ill f-- f-----j- I I - - - 'T'l ~~I 'c '-G= -// I ."'"'"T I ~ ~ 7 I 11 __31 L. Tr-l I ~~ ;z ...c: g o '" N o OJ ~ ::l o U 1 - o CD I . Dear Mr. Nielsen August 4, 2005 RE: Request for Re-zoning from R-IA to R-2A at 23975 Yellowstone Trail Supporting Letter for application submitted - August 2, 2005. Weare requesting this rezoning of our property for two reasons: 1 - The area from Hwy 7 up to the lot to the south of us is already zoned R-2A, so it would be a natural extension to expand this up to Yellowstone Trail. 2 - We would like to have the option to break up our current .975 Acre lot into 2 -lots. Each lot should be between 18,500 sq ft and 19,500 sq ft. . Our goal will be to sell the lot at the comer of Lake Linden and Yellowstone Trail after we have the land surveyed and work through the issues to get approval for the changes for a subdivision. Submitted by Mark Kennedy - Owner RECEIVED -\ , . AUG 5 2005 LCITY OF SHOREWOOD I . . Exhibit B APPLICANT'S REQUEST LETTER Dated 4 August 2005 - - - _---:-- - . ~ ~ frail --- --- --- --- t Won" N.t to ~~ 1& 1. ello~stotte '.38" E N 74-'4-0 54--- __172. "..... "' "' \ . -.( I -... ^ n\ v b I~ 1 ~ ~(\ ~h ~~ " .'-J '~ .1 CfJ . L" .J.. . r \. ..-e , . .14.) -------------------...--..- I ~" I ,~I ~ , I ~-~ \. './- I I I I ~ . ~,-s I ~~ , ~~ ~ <::::l ..., , ~. ,~c:::.. _ . _ . _. _ . _ . _ . ~. _. I ___:l <: t ..- --- ~J ......--20. O(),/ .:~_ N 89'20'08" W ~ C:VCo~ ...."f...'f C\J ." ~~!') Jrif~ ~'-l I' "'l '~ '1:1 .... ........ "":laJ, ~ I ~.:i5 p)",. t'iLr) ~"""I (...... ..... ~I -- -- "- -........ ~ \.. ~~ ~< ~ " - , ,~ L..J (...... } \. \j . \ \ . It.i \ v - 189.00 bs 89'31'10" E ~ . ~ .~ ~. . ~. 6 ~ .$ 'I -- -- I, I. I I / / I I ,----f---- ( '- I -. I Exhibit C PROPERTY SURVEY Alternative divisions shown I I I I { I I I I .-.-.-.-.-.-.-.-.-.-.-.-.-.\ I _,' I _ _ _\_ ~---- . \ \ \ . . . . . CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2. OF THE SHOREWOOD ZONING CODE - THE SHOREWOOD ZONING MAP Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby amended to include the property described as: "That part of Lot 21 lying North of the South 46 feet thereof, Linden Park, Hennepin County, Minnesota." in the R-1C, Single-Family Residential zoning district. Section 2. That the Zoning Administrator is hereby authorized to revise the Zoning Map of the City of Shorewood to include the property in the R-1 C, Single-Family Residential zoning district. Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official Newspapers of the City of Shore wood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of September 2005. Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@ci.shorewood.mn.us MEMORANDUM . TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 1 September 2005 RE: Badger Well Site - Rezoning from Commercial to Residential . FILE NO. 405 (Badger Well) . In May of this year, the City approved a conditional use permit for a new well building for the Badger Well site, located next to the South Shore Senior Community Center. One of the conditions of that approval was that the property should be rezoned from its current C-3, General Commercial zoning to R-1C, Single-Family Residential (see excerpt from the 30 March 2005 staffreport - Exhibit A, attached). This is considered a housekeeping measure. A public hearing has been scheduled for 6 September 2005. Once the Council has approved an ordinance amending the zoning, the property should then be legally combined with the rest of the City property (City Hall/Badger Field). Cc: Craig Dawson Tim Keane Larry Brown . #. '-.1 PRINTED ON RECYCLED PAPER ;f/=-~. C. . . . . . Memorandum Re: Badger Field Well House - C.D.P. 30 March 2005 building will be of masonry construction, using rock faced block at its base with a burnished block above. The gable ends will have metal siding above the block and on the fascia and soffits. The roof will be asphalt shingles. Three existing parking spaces for the park and one for the Senior Center will be lost for the driveway to a new parking area on the west side of the new building. Nine new spaces will replace the four. A sidewalk will be located at the rear of the building to provide pedestrian access from the new parking to the Senior Center. Security lighting for the sidewalk and building will be located at the rear of the building. Exhibit G shows the proposed landscaping for the site which consists of foundation plantings on the south side and northeast comer of the building. Two sugar maple trees are shown on the west side ofthe new parking lot. Ornamental trees and arborvitae will be planted along the sidewalk area. ISSUES AND ANALYSIS "Pubic regulated utility buildings" are provided for in both commercial and residential zoning districts. Following is how the proposed building complies with the Shorewood Zoning Code: 2. Building and parking setbacks. Whereas the existing building is only a couple of feet away from the north property line, the new building will be 27 feet from it. As mentioned in 1. above, combing the properties will eliminate any setback issues on the east side of the building. The parking spaces comply with required setbacks. It should be noted that all of the parking space must be a minimum of nine feet in width. 3. Screening and landscaping. The primary condition imposed with a conditional use permit is that the building be landscaped and screened from abutting residential uses. It is worth noting that the nearest home is approximately 400 feet to the east of the building. The view ofthe building from residential properties to the south and east will be "softened" by the foundation plantings proposed. One tree on the east side will be transplanted to another location on the site. It is worth noting that the style of the building is quite residential in nature, comparing in size to a detached three-plus stall garage. The construction schedule for the building calls for it to start in June of this year, with "substantial completion" by December. Realistically, landscaping will not be cor until spring of 2006. -2- Exhibit A . CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2. OF THE SHOREWOOD ZONING CODE - THE SHOREWOOD ZONING MAP Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby amended to include the property described in Exhibit A, attached hereto and made a part hereof, in the R-1C, Single-Family Residential zoning district. Section 2. That the Zoning Administrator is hereby authorized to revise the Zoning Map of the City of Shore wood to include the property in the R-1C, Single-Family Residential zoning district. . Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official Newspapers of the City of Shore wood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of September 2005. . Woody Love, Mayor . Craig W. Dawson, City Administrator/Clerk . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM . TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 31 August 2005 RE: Henry, Scott - Minor Subdivision . FILE NO.: 405 (05.18) BACKGROUND . Scott Henry is the owner of the property located at 24835 Yellowstone Trail (see Site Location map - Exhibit A, attached). Mr. Scott has requested approval of a minor subdivision, splitting the property into two lots as shown on Exhibit B. The property is zoned R-1 C, Single-Family Residential and contains 54,779 square feet of area. It is occupied by Mr. Henry's home, which is situated on the westerly half of the property. The proposed lots will be 21,464 square feet and 38,315 square feet (with the house) in area. ANALYSIS/RECOMMENDATION . The subject property was originally platted as Lot 3 and Lot 4, Block 1, Deerfield Addition. Many years ago the two lots were legally combined into a single parcel. The resubdivision of the lots into two building sites simply separates them back to their original configuration. Both of the proposed lots comply with the requirements of the R- 1 C zoning district. Both the existing home and the proposed home comply with R-1 C setback requirements. Mr. Henry has provide hardcover calculations for the lot with the existing home on it. At 19.04 percent, this is well within the maximum allowed by Shorewood's Zoning Code. ft ~~ PRINTED ON RECYCLED PAPER #8.0. . Memorandum Re: Henry - Minor Subdivision 31 August 2005 At staffs request, the applicant has provided legal descriptions for drainage and utility easements, 10 feet around each of the lots. Prior to City Council review of the request, the applicant should provide deeds for the required easements. City records indicate that the property is only served with one sewer connection. There is, however, a manhole conveniently located in front of the property into which another connection can be made at such time as a new home is built on the property It is recommended that the minor division be approved subject to the following: 1. The applicants must provide deeds for drainage and utility easements, 10 feet around each lot. . 2. The applicants must provide an up-to-date (within 30 days) title opinion for review by the City Attorney. 3. Prior to release of the resolution approving the request, the applicants must pay one park dedication fee ($2000) and one local sanitary sewer access charge ($1200). . 4. Since the division itself does not result in the removal of any trees from the property, tree preservation and reforestation can be addressed at the time building permits are applied for. Cc: Craig Dawson Larry Brown Tim Keane Scott Henry . . -2- ~ IL-J k~.'_M R- -'J ~ I rrJ\"\ .. - ~f ~I-T(i I ~ n-r. 1)\ 'S.~ . '~I I_~~I ( D \ I 7 .. I '-~ /~ ~ -~ B 1 ~i t.--v v OR ~IJ"d.li1 "\~ . t:; I ) ~I=n ~~~ l \ \ ~ I ~ /~ I \ 5~ \\lD \ ' /ff~ t.o \.... (\\\, , ~ /0T \\ i j \ .~ '/ --I . >!/ \\R. . ~ W 1~ \ ~/.~~ ~ ~! f I \ -- ) '\ \ T 1 ' / "I)::: ~ .~ r ~\:717 .\. r \ '-,- 1:-1 \ l~~\ f---,-- ~ V ~ .. " j U ~ I ."'""~--- / J ~- I H o~ V" r :/"'00 f--' \ & ___ I \\.-li '\ T \ I j~),\ ~\ '\, >.41 wm z...c:: ~ \ Ii.' 1--:::,- \ . ~_~ ~ I 1 \, I N VI ~k_ >r~~'" 1\\"l 0 : I · \ J ] :! \ \ ,-/ I . ... ~, ~i "~ JBl w. \~ ~ ~ : I /7 I 1 1 1, ~ ~ ~~ ~ - frIt ~ ~ ~I ~111 I~J .: ..: I ~ I \ j 0\ ~ ffi i\T.~ 'VI w 77 C ~ Exhibit A H ~\ "Z~ T SITE LOCATION Henry - minor subdivision .. /' \" / I -- ~A~ --rA '7-;:;;Kt.F~ 1../ AlE;. , ~ -r--;etr;~J'nJt/e . , \ \I.Il4WSt~ .,-t>A. \ 14 I .. R"A{)W/J.V ~........ .. ..' .,- ""qU.Z ~ .L '1foD. / IC-A' ., \ \ \ \ , I . ll~~j I~ I ~ f : i q1i168./~ 0:0 ?__, I ZZI IZf;g ~7 I (J,1 ~ ;;; 1ft) I pP f,'t5. 4 z ..1- I I I I ~ I f'i-/SriN9 It\) , L~ T' 3 , ~ I ~ ,. .. !1 ~ I pI- 'e(,/) F~/s-r,1tl ~ I '''~70'' I -\ p~el!P pl. /l(}IJ' f I ~~lj L q7l, II ~/- I ~I ~I I ~ I I ,,/ " "J I f ~" / cHi7 Pr.,~!~\-" { ~,~ ~ ~ 0(01 e~f q68. r ~ - ~ N [\J q1 t. ( () i~i(),J II() I ~ ~ ~ ~ /i;i:-~~-'-- me-A.! -W-?-o- .I] _--_ .131JC.--- '97/,6 PROPOSED EASEMENTS A drainage and utility easement over, under and across the northerly, easterly, southerly, southwesterly and northwesterly 10.00 feet of Lot 4, Block 1, Deerfield Addition, Hennepin County, Minnesota. A drainage and utility easement over, under, and across the northerly, easterly, southerly, and westerly 10.00 feet of Lot 3, Block 1, Deerfield Addition, Hennepin County, Minnesota. RE}1S"Ep ,(Jllb. I. 1005" SM- CJ= WOOD STAKE PLACED BEARINGS ON ASSUMED DATUM o = IRON MON. SET PROPOSED INFORMATION 1ST FLOOR ELEV. 96/.5" BASEMENT ELEV. .:: IRON MON. INPLACE ~O, t) GARAGE FLOOR ELEV. 'I) I 3 TOP BLOCK ELEV. 'i:I tI:1 AlNAGE ~;>< oS': 'i:lg 0.... C/.)tJ:j g] ~ >-l <: en _7 Co. Rd. 13 SE >-l o 2-3221 o.I8no. MN 55328 Z E&P 000.0 :: EXIST. ELEV. (000.0) = PROPOSED ELEV. 000.0. EXIST. & PROP. ELEV. I hereby certify that thIS certificate of survey was prepared by me / A? xOS # or under my direct supervision and that I am a duly Registered Land (P ~:;{J Surveyor undenhe7 ~e t of Minnesota. Registration No. 14700 B90K-PAGE ~3- .3 SCALE I" == 30' Date: ... . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY FOR SCOTT HENRY WHEREAS, Scott Henry (Applicant) has is the owner of certain real property in the City of Shorewood, legally described as: "Lot 3 and Lot 4, Block 1, Deerfield Addition, Hennepin County, Minnesota"; and . WHEREAS, the Applicant has applied to the City for a subdivision of said real property into two parcels legally described as: Parcell - "Lot 3, Block 1, Deerfield Addition, Hennepin County, Minnesota" And Parcel 2 - "Lot 4, Block 1, Deerfield Addition, Hennepin County, Minnesota" as illustrated in Exhibit A, attached hereto and made a part hereof; and . WHEREAS, the Applicant has agreed to grant to the City drainage and utility easements legally described in Exhibit B, attached hereto and made a part hereof; and WHEREAS, the subdivision requested by the Applicant complies in all respects with the Shorewood Zoning Code. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The real property legally described herein be divided into two parcels, as legally described above and illustrated in Exhibit A. 2. This approval is subject to the Applicant recording this resolution, together with the drainage and utility easements legally described in Exhibit B, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. 3. The City Clerk will furnish the Applicant with a certified copy ofthis resolution for recording purposes. . -1- . . . . . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of September 2005. ATTEST: Woody Love, Mayor Craig W. Dawson, City Administrator/Clerk -2- ,r ceNJ:F~ LI M YEl.ll1lUJ'riJt/C 1....1' I . ~;L-. 1{b.Z ~ ~~.~ ,JC 33,0 I \ \ \ \ ; 1 \ I I I I ! Qt'~.L \ Z- ~ \0-.. t ~ (()l I\l ...1 1~~1 f f ~ ~ i \ ti,f I : i q1{).OJ,68.1Crt Up) I'f.< ;"1 to, - ~I "t7.4 I IO{~ z l /2 I PfJ t J I /2.. .,.. 19.5" I /I11tf.. 7.5"" 61/ t.;? post; I PPf'fj. 47- II~...J e4f I .4O,f) f,' q6S,9 ~ 9l67'l-1- I' ee~-~<; 4qfG1- (91/n) I I VI(~"1-1) ~ \ P"':;J/~: I~ I L" ( 3,,' " II pO i1'i"fJ~ ifi'" g I ~ \ JJl.gd<'elP If'!.' P'-~ 1.17(JN I tl#If~P /ltYJ1 ~~~. 1_ zr iii.~~__= m"iif_ ~~~13;; I ~ I'r,.", (, I ~ I ~I I ~ '~" I I ~~.J I '\. " I f3 ~p "- "'-.:: I '111.7 { i-'~ ~ t O~oI 'f. ~ N l'\J \.... c:t ~ ) ~ BM- 0= WOOD STAKE PLACED BEARINGS ON ASSUMED DATUM o = IRON MON. SET PROPOSED INFORMATION 1ST FLOOR ELEV. 96/.S'. BASEMENT ELEV. e= IRON MON. INPLACE ~o" /) GARAGE FLOOR ELEV. 'O, 3 TOP BLOCK ELEV. E&P 000.0 = EXIST. ELEV. (000.0) = PROPOSED ELEV. 000.0 · EXIST. & PROP. ELEV. I hereby certify that this certificate of survey was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the of e t of Minnesota. /' ~INAGE tI1 ;X ::::r ...... cr ...... ~ 8fIfR Co. Rd. 13 SE '2-3221 0eIIn0. MN 55328 Date: Registration No. 14700 ~ 4:3lJ08 · 89QK - PAGE (,3- 3 SCALE /" :::. 30' " > . . PROPOSED EASEMENTS A drainage and utility easement over, under and across the northerly, easterly, southerly, southwesterly and northwesterly 10,00 feet of Lot 4, Block 1, Deerfield Addition, Hennepin County, Minnesota, ." A drainage and utility easement over, under, and across the northerly, easterly, southerly, and westerly 10,00 feet of Lot 3, Block 1, Deerfield Addition, Hennepin County, M~nnesota, . . . Exhibit B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 . FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: . FROM:' DATE: RE: FILE NO. . BACKGROUND Planning Commission Brad Nielsen 30 August 2005 Ohland/Guttierrez/Putnam - Lot Line Rearrangement 405(05.19) . Dan and Keelo Ohland own the property at 25070 Smithtown Road (see Site Location map - Exhibit A, attached). The Ohlands propose to split off the north 236 feet of their property to sell it to Robert Guttierrez and Christopher Putnam, whose properties are located immediately to the west at 5615 Fairway Drive and 5635 Fairway Drive, respectively. The request is for a minor subdivision'and combination to rearrange the lot lines between the respective parcels. All of the subject properties are zoned R-1C, Single-Family Residential, and are occupied by the owners' homes. In addition, the Ohland property has been occupied by his excavation business that is subject to discontinuance pursuant t6 an interim use agreement approved in 2002. Following are the existing and proposed lot areas ofthe three parcels: Ohland Gutierrez Putnam Existing 84,446 sq. ft. 20,123 sq. ft. 20,084 sq. ft. Proposed 58,036 sq. ft 31,254 sq. ft. 35,363 sq. ft. ANALYSIS/RECOMMENDATION . The proposed division/combination (see Exhibit B) complies with the requirements of the R-1C zoning district and appears to benefit all three property owners. The Ohlands are able to dispose of relatively unusable land to the north of their house, while the Gutierrez and Putnam lots are increased in area, resulting in larger back yards for those two lots. if. ~~ PRINTED ON RECYCLED PAPER -#- 8. E . . . . . Memorandum OhlandlGutierrez/Putnam Lot Line Rearrangement 30 August 2005 As mentioned earlier, the Ohland property has been occupied for years by an excavation business. In 2002 the City approved an interim use permit, allowing the Ohlands to make certain improvements to their nonconforming property, provided the business would be eliminated by 17 October of this year. As part of removing the business, a significant amount of driveway and parking area will be removed. This will bring the hardcover on the Ohland parcel to 32.9 percent, in compliance with zoning requirements. It is recommended that the division and combination be approved, subject to the following: 1. The applicants must provide drainage and utility easements 10 feet around each of the newly described parcels. These easements have been described for the Gutierrez and Putnam lots, but not for the Ohland parcel. It is worth noting that Gutierrez and Putnam may, at some future date, wish to request partial vacations ofthe existing easements on their lots. 2. The applicants must provide up-to-date (within 30 days) title opinions for review by the City Attorney. 3. Unless the portions of driveway and parking areas on the Ohland property can be removed prior to recording the division and combination, the applicants must submit a bid for completing the work, from which a letter of credit or cash escrow will be required (1.5 times the bid). This work should be completed by 1 November 2005. 4. Since no new lots are being created, there are no park dedication or local sanitary sewer access charges associated with the approval. 5. Items 1 and 2, above must be completed prior to the Council meeting at which the request is'to be considered. Once approved by the Council, the applicants have thirty days to record the lot line rearrangement and new easements. Cc: Craig Dawson Larry Brown Tim Keane Dan and Keelo Ohland Robert Gutierrez Christopher Putnam ~ f .=., -D \ u',,_ .-,- ~ ~_ \ z-4ll( ~ 4--\ ijoJ n' "\ \\ Il N \ TnlO~~ 0 I "--u~~+II\t- ~ I~ \ -H' .Jc., ~ I ^ \ ~ r~~- ~~ /. fi! ~~.. ~ ~/J/ f, 0'" ~ ~ 1.t,t-,"" YI DNlCtnfH ~ ... I i ~. ... '>;. I I I / ...-': .. ~ \ '~ ~--It-- 'g=~.. .... f-- ~ r--i'f~~7 / !1f-- . .. of I ~ l--- ~x: I I I ~ .... l!i liY) III '---- . W ~,-- -. ~ ilif-- II ...... i! ~ '~~.:..I i -l- ,- ~~8f \ ~ ~i I~-l= ~~~~ 1fL ~ - T - p\ ~ """, ' ~ '! \ I), \=~~"","I ::.- - I ~~\~ ~ Exhibi} 3A \\ ~ ~ \ '\ I '\. SITE LOCATION ,\ \\ J =r .. j{~ s Ohland/GutierrezlPutnam - \0\ ," . . · :::- ....A. \ c.. /-/ \~ \ \\ ? ~ Y \ . \' / lot line rearrangement rr ~ ==z .. .. .. "I .. r .. .. \ \.- '\ .. .. .. .. .... ~ of .. ., --- . JJ( ~l; .-z WASA sPeCFH:TmE'~FOR'THE EXIBTEHcE OR NCN-EXlSTENcECFRECORllED OR UNREClllUlell!ASEMeml CONDUCTED BY THE SUAIICYDRAS .....,.CFTHlSSIJRVEY. .,.- t ~ -0 ~ ~ ...s:. '() -.. <<- Lq --' '" ...'" Vv'ESi'y'VOOD ...~rrr' N01 043' 54.W I ^"''''I'''''II"\~I ,EASTUNEOFLOT17,~-_ nUUIIIVI. " AUO. SUB. 133 .... 571.26 I :) o t: -.. ~~ -~ / ~~ ...-: 9~ t5ai ~iil ::Jei 20 .::> z< It) III .,; III I- ~ PROPOSED EASEMENTS ROBERT P. and KAREN M. GUTIERREZ . I I \ \ ,...{:J ()~ , ... '..) , <v'\ ..~' A 10.00 foal DtoInage ond UlIIlIy ~ _. under, _ end adjoining lhelllllth, _... - boundoty IIna GIllie I~__ (PARCEL C) The IlllIth 90.00 Iootaflhet pertalllle _'11.101eet afLalI7,AllDlTORs SUBDIVISION NO.I33, Hennepin COlllIly Mlnr1o-. oocanlIng IOlI>a.- pilIt_. \\ F..WAY~ 7.86 RZ1473. &,:~;~8'20. IVE C.B.=S04D 31' - . ~HRISTOPHER W. PUTNAM ana EVA M. GAlLAGHER . ' ..00 bII DroInqo II1d UtIIIIy_,....., U_, IIC/'OOI end adjoIrdng the IlllIth bound;uy , altholallowlng ~ Iond: (pARCEl. E) ,..... D.....,..I""l'...I'I'DY_....._.__.._.. . S01043'54"E \ t.l;! 111l" hJ! 'l~ll , . "l 3'11"1 i!l~ '111"';: h!1f 01'11 III ., 10 :: BIt jIh~ ~Ui.:;;1 :'u=!' IDthe..ll~ f i I I i 'IS l TI8d C ,Regiotorod L8o< __ CanI8Ina 211.10. . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY FOR OHLAND, GUTIERREZ AND PUTNAM WHEREAS, Daniel and Keelo Ohland - husband and wife, Robert and Karen Gutierrez - husband and wife, and Christopher Putnam and Eva Gallagher - husband and wife (Applicants) have an interest in certain real properties in the City of Shorewood, legally described in Exhibit A, attached hereto and made a part hereof; and . WHEREAS, the Applicants have applied to the City for a subdivision of said real property into three parcels legally described in Exhibit B and illustrated in Exhibit C, both attached hereto and made a part hereof; and WHEREAS, the Applicants have agreed to grant to the City drainage and utility easements as provided in Exhibit D, attached hereto and made a part hereof; and . WHEREAS, the Applicants' request was reviewed by the City Planner, whose recommendations are included in a memorandum, dated 30 August 2005, a copy of which is on file at the Shorewood City Hall; and WHEREAS, after required notice a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on 6 September 2005, the minutes of which meeting are on file at City Hall; and . WHEREAS, the City Council considered the application at its regular meeting on 26 September 2005, at which time the Planner's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the Council from the Applicants and from the City staff; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The subject properties contain approximately 124,653 square feet ofland and is located in an R-1 C, Single-Family Residential zoning district. 2. The Applicants propose to subdivide the property as described in Exhibit B and illustrated in Exhibit C. . 3. The subject properties are occupied by the Ohland, Gutierrez and Putnam residences. -1- CONCLUSIONS 1. The real property legally described in Exhibit A is approved for division into three new parcels, legally described in Exhibit B and illustrated in Exhibit C, subject to the Applicants recording the drainage and utility easements described in Exhibit D, contemporaneously with this resolution. 2. The Applicant shall record this resolution, together with the drainage and utility easements legally described in Exhibit D with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. 3. The City Clerk will furnish the Applicant with a certified copy of this resolution for recording purposes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of September 2005. ATTEST: WOODY LOVE, MAYOR CRAIG DAWSON, CITY ADMINISTRATOR/CLERK -2- . . . . . . EXISTING DESCRIPTIONS DANIEL J. and KEELO OHLAND 25070 Smithtown Rd., Shorewood, Mn. 55331 . That part of the east 111.10 feet of Lot 17, AUDITORS SUBDIVISION NO. 133, Hennepin County Minnesota, lying northerly of a line drawn parallel to .and distant 571.00 feet south of the north line thereof. Together with an easement for Driveway purposes, over, under and across the west 16.5 feet of that part of Lot 17, lying southerly of the northerly 571.00 feet thereof as contained in Deed Document No. 408851, Files of Registrar of Titles. Tract C,Registered Land Survey Number 1190, Files of Tegistrar of Titles, Hennepin County, Minnesota. ROBERT P. and KAREN M. GUTIERREZ 5615 Fairway Drive, Shorewood, Mn. 55331 Lot 7, Block 1, COUNTRY CLUB MEADOWS, Hennepin County, Minnesota. . CHRISTOPHER W. PUTNAM and EVA M. GALLAGHER 5635 Fairway Drive, Shorewood, Mn. 55331 Lot 8, Block 1, COUNTRY CLUB MEADOWS, Hennepin County, Minnesota. . . Exhibit A PROPOSED DESCRIPTIONS DANIEL J. and KEELO OHLAND . (PARCEL A) That part of the following described land: That part of the east 111.10 feet of Lot 17, AUDITORS SUBDIVISION NO.133, Hennepin County Minnesota, lying northerly of a line drawn parallel to and distant 571.00 feet south of the north line thereof. Together with an easement for Driveway purposes, over, under and across the west 16.5 feet of that part of Lot 17, lying southerly of the northerly 571.00 feet thereof as contained in Deed Document No. 408851, Flies of Registrar of Titles. Which lies southerly of a line commencing at northwest comer of said east 111.10 feet of said Lot 17; thence South 01 degree 43 minutes 54 seconds East, assumed bearing along the west line of . saId east 111.10 feet of Lot 17. a distance of 239.36 feet to the southeast comer of Lot 8, Block 1, COUNTRY CLUB MEADOWS; thence North aa degrees 16 minutes 06 seconds East, 111.10 feet to the east line of said Lot 17 where said line terminates. Contains 37,065 sq.ft. Tract C ,Registered Land Survey Number 1190, Files of Registrar of Titles, Hennepin County, Minnesota. Contains 20,971 sq.ft. . ROBERT P. and KAREN M. GUTIERREZ . Lot 7, Block 1 COUNTRY CLUB MEADOWS, Hennepin County Minnesota, according to the recorded plat thereof. Contains 20,123 sq.ft. Together with: (PARCEL C) The north 90.00 feet of that part of the east 111.10 feet of Lot 17, AUDITORS SUBDIVISION NO.133, Hennepin County Minnesota, according to the recorded plat thereof. Contains10,005sq.ft. . (PARCEL D) That part of Lot a, BIQck 1 COUNTRY CLUB MEADOWS, Hennepin County Minnesota, according to the recorded plat thereof, which Ues northerly of a line, which commences at the most northerly comer of said Lot 8; thence South 01 degree 43 minutes 54 seconds East. assumed bearing, along the east line of said Lot 8, a distance of 39.14 feet to the point of beginning of.the line to be described; thence on a bearing of West, 57.54 feet to the northwest line of said Lot 8, where said line terminates. Contains 1,126 sq.ft. . CHRISTOPHER W. PUTNAM and .EVA M..GALLAGHER (PARCEL E) Lot 8, Block 1 COUNTRY CLUB MEADOWS, Hennepin County, Minnesota, according to the recorded plat thereof, except that part which lies northerly of a line, which commences at the most northerly comer of said Lot 8; thence South 01 degree 43 minutes 54 seconds East, assumed bearing, along the east line of said Lot 8, a distance of 39.14 feet to the point of beginning of the line to be described; thence on a bearing of West, 57.54 feet to the northwest line of said Lot 8, where said line terminates. Contains 18,958 sq.ft. Together with: (PARCEL B) That part of the east 111.10 feet of Lot 17, AUDITORS SUBDIVISION NO.133, Hennepin County Minnesota, according to the recorded plat thereof, which lies south of the north 90.00 feet thereof and which lies northerly of a line commencing at the northwest comer of said east t 11.10 feet of Lot 17; thence South 01 degree 43 minutes 54 seconds .East, assumed bearing along the west line of said east 111.10 feet of Lot 17, a distance of 239.36 feet to the southeast comer of Lot 8, Block 1, COUNTRY 9LUB MEADOWS; thence North 88 degrees 16 minutes 06 seconds East, 111.10 feet to the east line of said Lot 17 where said line terminates. Contains 16,405 sq.ft. . Exhibit B ~ --- . JJ( ~l; -:z WAS ASPeCFiC nn:Eow.RCH FOR TME EJOSl1:HCE OR ~~~E~MOO~m~~~oo~m~ CONDUCTED BY THE SURVEYOR AS PART OF 11-bS SURVEY. -t g.. ct" -0 ( ~ ~ ~ TOTAL HARoCoVE~ 29.003 Sa. FT. TOTAL PROPOSED LOT AREAIII 58,036 so. FT. PERCENT OF EXISTIi'lG HARDCoVER= 50% 'lJEST\A,'OOD 4.T~~ N01043'54"W I I ^ r"'I"'ln~' _EAST UNE OF lOT 17. -:-_ nL.lL.lIIIV" /' AUD. SUB. 133 . . - \l/r-("TlAlr\r"'\f'"'\ yyC...) I YfVVU -" "'- L,~ --' ,,, "-.- :) () t= -.. "'- :!; ~~ /' t:i~ ...-: g~ ... om ~iil ::Jd .::> Z< I/) <0 oi ro 1.0 c:-i ..... ..- \ / ~ENOlES HARDCOVER TO BE REMOVED. (TYPICAL) ~ '" o io ..- o ro <Xl VI PROPOSED EASEMENTS ROBERT P. and KAREN M. GUTIERREZ ~j ,"~ cy (.....~ ..V ...~' A 10.00 fDllI Dntlna.. end UIIIly E8aIIInOI1t, OYW. under. ...... end adjoining 11. norlh,.... end IIIUth boundoty IInoo 011110 -.. d.lICItbod Iond: . (pARCEL C) Tho north 90.00 '''' of IhoI pall" Ih. .... 111.10 1o?i 01 Lal17. AUDITDRS SUBDIVISION ND.I33. H.nnopfftCounly Mhlo_ _no 10 lb. _ p/oI_ , I \ \ \\ V TAT A y~ 7.B6 R=1473.33 fYL:I. A=0018'20".IV,r;o C=7.B6 J::J C.B.=504031 -- CHRISTOPHER W. PUTNAM and EVA M. GALLAGHER . ..~~ ~ ondUtlltt'EaoomonI,...... _or.,,,,,,,,, end odJoInt1g IhIl norlhbe .. oIlholaOowtnodesl:ribedIond' ~ (PARCEL EI . 501043'54"E \ u +-' .~ ..0 .~ ...c:: >< ~ HAROCOV! TOTAl PRe LOT AREA= PERCENT I PROPOSEe HARDCDVI 3F~D ^ r-\' ("\L.J' (PARCEL Al Tho! pall 0I1ho _. '" Thol part oIlho..ot 111.1Q Mlnneool.. lying IltlflhorIV 0 thereof. Together with an e; feel of thal pIIrt of lot 17,IY Oowrmmt No. 408051. FIal WhIch liB! IOUIhedy of a 11m 17j thence South D1 degree aald 8s8I.111.10 met of lA COUNTRY cWO MEADD'/ 10 the 08l1l1mraf sBkf Lol1' TntCt C ,Regfstered Land 51 Mll'U18sota. Contains 20.911 PROPOSED EASEMENTS ROBERT P. and KAREN M. GUTIERREZ A 10.00 foot Drainage and Utility Easement, over, under, across and adjoining the north, east and south boundary lines of the following described land: (PARCEL C) The north 90.00 feet of that part of the east 111.10 feet of Lot 17, AUDITORS SUBDIVISION NO.133, Hennepin County Minnesota, according to the recorded plat thereof. CHRISTOPHER W. PUTNAM and EVA M. GALLAGHER A 10.00 foot Drainage and Utility Easement, over, under, across and adjoining the north boundary line of the following described land: (PARCEL E) Lot 8, Block 1 COUNTRY CLUB MEADOWS, Hennepin County, Minnesota, according to the recorded plat thereof, except that part which lies northerly of a line, which commences at the most northerly comer of said Lot 8; thence South 01 degree 43 minutes 54 seconds East, assumed bearing, along the east line of said Lot 81 a distance of 39.14 feet to the point of beginning of the line to be described; thence on a bearing of West, 57.54 feet to the northwest line of said Lot 8, where said line terminates. Together with a .10.00 foot Drainage and Utility Easement, over, under, across and adjoining the north, east and south boundary lines of the following described land: (PARCEL B) That part of the east 111,10 feet of Lot 17, AUDITORS SUBDIVISIO~ NO.1331 Hennepin County Minnesota. according to the recorded plat thereof, which lies south of the north 90.00 feet thereof and which lies northerly of a line commencing at the northwest comer of said east 111.10 feet of Lot 17; thence South 01 degree 43 minutes 54 seconds East, assumed bearing along the west line of said east 111.10 feet of Lot 17, a distance of 239,36 feet to the southeast comer of Lot 8, Block 1, COUNTRY CLUB MEADOWS; thence North 88 degrees 16 minutes 06 seconds East, 111 ,10 feet to the 'east line of said Lot 17 where said line terminates. DANIEL J. and KEELO OHLAND A 10.00 fQot Drainage end Utillty Eesemem. over, under, across and adjoining the north, east, west and south bOl.lncJary lines of the following df8Cflbed IarId: . (PAROELA) . 'l'het part of 1he follOWIng described land: . That ptlrt ofth6 ea&t111.10feetofLot 17,AUOITORS SU60lVtSION NO.133, Hennepil'l co~ty MinMsot., lying northerly of . line draWl'l paralel to and dist.eot 571.00 feet south Qf the north 8ne ihereof. Together wI1:h al'! easement for OtIwway purposes, over. under ancI8t:ro$S th$ west ,8.S fElet at fMt pert of Lot 11, lying &outhetIY of the northerly 611,00 feet thereof as contained in Deed OOc;ument No. 4088S1. FileS of Registrar of Titles. Which lies &Ol.IIhttfy Ofa Una <<lmmencing atnQrtflwest eamer of saId east 111.10 feet of tlaid Lot 1'1': tntl'lCCt South 01 degree 43 minutes 54 &eCOt\d& f!Qst assumed bearing along thl WGst line of said east 111.10 feet ofl.ot 17, a dIstance of 239.36 feet to 1he southeast comer of Lot 8. alock i. COUNTFf~CLUa MEADOWS; thenee North sa degl'$Os 16 mlnute$ 06 $eConds ES$t. 111.10 feet. to the east line ofsald Lot 11 where said fine tenninstes. Tract C ,Registered lane! Survey Number 1190, Files of RegilStrar ofTrtles, HennE/pin County, Minnesota. . . . . . Exhibit D . . ., CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM . TO: Mayor and City Council FROM: Brad Nielsen DATE: 22 September 2005 . RE: Lake Virginia Woods - Final Plat FILE NO. 405(05.11) Pernsteiner & Associates has submitted the final plat for Lake Virginia Woods, a thirteen lot residential development at the west end of Smithtown Road. The plat is consistent with the approved preliminary plat that was approved earlier this year. . Engineering comments are included under separate cover in a memorandum from Steve Gurney, dated 6 September 2005. Recommendations from the Planning Department are as follows: 1. The applicant's engineer must sign the plans and specification documents. 2. The applicant's landscape architect must provide and sign a fmal tree reforestation plan. 3. The applicant must provide an up-to~date (within 30 days) title opinion or title commitment for review by the City Attorney. 4. The applicant must provide a plan showing the location of wetland buffer monuments and including legal description for a conservation easement. . ,tr ~J PRINTED ON RECYCLED PAPER .::YEP Memorandum Re: Lake Virginia Woods Final Plat 22 September 2005 # . 5. The applicant must provide a deed for the wetland buffer conservation easement. 6. The applicant must provide protective covenants for the property that include the wetland restrictions set forth in the development agreement. 7. The applicant must provide bids or engineer's estimates for the cost of the improvements. 8. auilding permits. for Lots 8-13 shall require review and approval by the Minnesota Pollution Control Agency. Cc: Craig Dawson Tim Keane Larry Brown Terry P~rnsteiner Tom Wartman . . . . . . . . . Memorandum To: Brad Nielsen, City of SltOrewood From: Steve Gumey, P.E., WSB & Associates, Inc. Date: September 6, 2005 Re: Lake Virginia Woods Preliminary Plan Review City of Shorewood, MN WSB Project No. 1459-02 We have reviewed the preliminary plan submittal for the Lake Virginia Woods subdivision, dated August 19,2005 prepared by Otto Associates. Based on this review, we have the following comments: Cover Sheet (Sheet 1 of 7) 1. Show drainage and utility easements for each lot, including storm water ponds, wetlands and buffer areas. Composite Utility Plan (Sheet 2 of 7) 1. Changes made to the utilities based on the comments from each respective sheet (see below) must be reflected on this sheet. Sanitary Sewer and Water Main Plan (Sheet 3 of 7) 1. Realign water main and sanitary sewer so that water main is not below the curb line. 2. ForLots 1 and 2, provide copper services, with the connections to the trunk water main north of the meter pit. 3. The stationing / elevation convention for the sanitary services is unclear. It is recommended that a legend be added to the plans explaining this. Also, the lengths shown should be verified. 4. Sanitary sewer services should be 6-inch PVC, SDR-26 with clean-out provided if greater than 90-feet in length. Sanitary sewer should be a minimum of9-feet deep at property line. C:tDocumellts and SeltingslbradlLoclll Settlllgs\Temporary IIlternet FilesIOLK19D\MEMO - b"jefsett - 090605.doc Brad Nielsen, City of Shorewood September 6, 2005 Page 2 Street and Storm Sewer Plan (Sheet 4 of 7) 1. To prevent inundation of the low point at approximate Station 2+20, two additional catch basins will be required at the low point. 2. The street profile must be revised. A 50-foot landing (2% or flatter) is required for streets off of State-Aid routes, such as Smithtown Road. 3. The pond labels should include basic information such as NWL and 100-year HWL. 4. It is recommended that the driveways not be paved with an inverted crown. 5. The word "Custom" conflicts with the pad labels for several lots. Grading Plan (Sheet 5 of 7) 1. The pond labels must indicate the NWL and 100-year HWL on the grading plan. 2. City policy (as well as FHA policy) requires 4 feet of separation between the known ground water elevation (in this case the NWL) and the low floor elevation. The proposed low floor elevation for Lot 3 must be revised. 3. The grading adjacent to the ponds must be revised to show a 10-foot (minimum) top width on the berm adjacent to the outlet control structures. 4. The contours of the proposed ponds must be labeled. 5. The overall grading (including the individual lots) must be shown on this grading plan, not indicated as custom graded. 6. The individual lot pads should be labeled on this sheet as well. Storm Water Pollution Prevention Plan (Sheet 6 of 7) 1. The developer, or his agent is responsible for applying for the NPDES permit as well as the Minnehaha Creek Watershed District permit. Details (Sheet 7 of 7) 1. The hydrant detail must be revised to show a fiberglass hydrant marker rather than a spring-type marker. 2. The sewer and water service detail must be revised to indicate 6-inch PVC for the sanitary service and a riser is required with the curb box for each water service. In addition, the steel fence post marker should be located outside the R-O-W. C:\DoCIl11lell/S alld Settillgslbrad\LoclIl SeltillgslTemporary Internet FileslOLKJ9DIMEMO - bllie/sell - 090605.doc . . . . . . . . . . Brad Nielsen, City of Shorewood September 6, 2005 Page 3 3. The Outlet Control Structures are mislabeled. The NWL for the ponds are 940.0 and 936.0, respectively. 4. The inlet pipe for each pond must be RCP, not PVC pipe. 5. The notched orifices shown on the interior weir wall are too small and will become plugged. They must be replaced with a 6-inch (minimum) diameter orifice. Prelimiltary Final Plat 1. The private utility easement for the sanitary sewer service for Lot 2must be shown over Lot 1. This concludes our comments on the submitted plans and plat. Please let me know if you have any questions. I can be reached at 763287-7164. sg C:IDocumellts alld SettillgslbrruflLocaf Sel/illgs\Tempornry fllterllet FifesIOLKf9D\MEMO - blliefsell - 090605.doc CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAT OF LAKE VIRGINIA WOODS WHEREAS, the final plat of Lake Virginia Woods has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements ofthe laws of the State of Minnesota and the City Code ofthe City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The plat of Lake Virginia Woods is hereby approved. 2. The approval is specifically conditioned upon the Developer recording the Development Agreement attached hereto and made a part hereof as Attachment 1. 3. The Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat on behalf of the City Council. 4. The final plat, together with this resolution, and the Development Agreement shown as Attachment I shall be recorded within sixty (60) days ofthe date of certification of this Resolution. BElT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of September 2005. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK . . . . . . . . . . -D-R-A-F-T- CITY OF SHOREWOOD DEVELOPMENT AGREEMENT LAKE VIRGINIA WOODS THIS AGREEMENT, made this day of ,2005, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and Pemsteiner & Associates, a Minnesota Corporation, hereinafter referred to as the "Developer". WHEREAS, the Developer has an interest in certain lands legally described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, Developer proposes to develop the Subject Property into thirteen (13) single-family residential lots; and WHEREAS, the Developer has made application for a preliminary plat for the property with the Zoning Administrator, which preliminary plat was considered by the Planning Commission at their meeting held on 7 June 2005, and at a meeting of the City Council on 25 July 2005; and WHEREAS upon recommendation of the Planning Commission, the City Council did consider and grant preliminary plat approval; and WHEREAS, the Developer has filed with the City the Final Plat for "Lake Virginia Woods", a copy of which plat is attached hereto and made a part hereof as Exhibit B; NOW, THEREFORE, in consideration ofthe mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1) Conditions of Approval - The Developer shall comply with the conditions of approval as set forth in Shorewood Resolution No. 05-066, attached hereto as Exhibit C. In addition, development of the property is subject to the requirements of the R-IA/S, Single- Family Residential/Shoreland zoning district. (01) Minimum setbacks (for all structures) shall be as follows: (a) Front: (b) Rear: (c) Side minimum/total: (d) Side yard abutting a street: ( e) Wetland buffer/Setback: 50 feet 50 feet 10/30 feet 50 feet 35/15 feet 1 Attachment I (02) Maximum building height, as defined by the Shorewood Zoning Code, shall be two and one-half stories or 35 feet, whichever is less. . (03) The Developer shall comply with the requirements of Shore wood's wetland code (Chapter 1102) and the Wetlands Conservation Act of 1991 [Minn. Stat. 103 G.221 et. seq. (hereinafter referred to as the WCA)]. It is the intent ofthis agreement that areas adj acent to wetlands be maintained in their natural state. (a) A minimum 35-foot buffer strip shall be maintained adjacent to all wetlands. (b) Natural vegetation shall be maintained in wetland buffer strips. Where disturbed by site development, wetland buffer strips shall be restored with natural vegetation. (c) Wetland buffer strips shall be identified within each lot by permanent monumentation approved by the City. The Developer shall provide to the City a map showing the location of proposed wetland monuments and a conservation easement over the wetland buffer area. . (d) A monument is required at each lot line where it crosses a wetland . buffer strip and as necessary to establish required setbacks from the wetland buffer strip. Monuments shall be placed within 60 days of completion of site grading or prior to issuance of a building permit, whichever occurs first. ( e) The Developer shall record with the Hennepin County Recorder or Registrar of Titles, a notice of the wetland buffer requirement against the title . of each lot with a required wetland buffer strip. (f) No structures, including, but not limited to, decks, docks, patios, and play equipment may be located in the wetland buffer strip or the required wetland setback area, except that fences shall be allowed within the wetland setback area. (g) No artificial obstructions, including, but not limited to, decks, docks, patios, and play equipment may be located within the wetland area. No cutting of wetland vegetation or dredging shall be allowed within the wetland area. . 2.) Improvements Installed by Developer - Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: (01) All site grading including building pad correction where needed; (02) Street grading, stabilizing and bituminous surfacing; (03) Surmountable concrete curb and gutter; (04) Sanitary sewer; (05) Water main laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances; . 2 . . . . . (06) Storm sewer and surface water drainage facilities; (07) Street name signs and traffic control signs; (08) Required tree preservation, reforestation and landscaping; consistent with the plans and specification prepared by Otto Associates, dated 19 August 2005 , and received and approved by the City Engineer. It is understood that underground utility lines, including gas, electric, telephone, and television cable shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. 3.) Final Plat. Grading; Drainage and Utility Plan. Building Plan - The Developer has filed with the City Clerk the final plat titled Lake Virginia Woods for the development of the Subject Property. Said plat is attached hereto and made a part hereof as Exhibit B. Said final plat, together with the grading, drainage, and utility plans, referenced in paragraph 2 above and this Development Agreement, is herewith adopted and approved by the City. 4.) Pre-construction Meeting - Prior to the commencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. 5.) Standards of Construction - Developer agrees that all of the improvements set forth in paragraph 2 above shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 6.) Materials and Labor - All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed the quantities and qualities required by the approved plans and specifications, and shall be subject to inspection and approval ofthe City, which approval shall not be unreasonably withheld if the materials and work are consistent with the plans and specifications and the standards set forth herein. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the reasonable satisfaction and approval of the City at the cost and expense of Developer. 7.) Schedule of Work - The Developer shall submit a written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work set forth in paragraph 2, except the final lift of asphalt, shall be performed to be completed by 1 November 2006. The final lift of asphalt shall be completed by 1 July 2007. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, that will delay 3 the completion of the work, the City, at its discretion, may extend the dates specified for completion. . 8.) As-Built Plan - Within sixty (60) days after the completion of construction of the Improvements, Developer shall cause its engineer to prepare and file with the City a full set of "as-built" plans, including a mylar original and four (4) black line prints, showing the installation of the Improvements within the plat. Failure to file said "as-built" plans within said sixty (60) day period shall suspend the issuance of building permits and certificates of occupancy for any further construction within the plat until the documents called for herein are filed. 9.) Easements - Developer, at its expense, shall acquire all easements from . abutting property owners necessary to the installation ofthe sanitary sewer, water main, storm sewer, and surface water drainage facilities within the plat, if and to the extent required by the Minnehaha Creek Watershed District, and thereafter promptly assign said easements to the City. 10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. . 11.) Staking. Surveying and Inspection - It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the above-described improvements and delineation of the wetland buffer areas. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer. . 12.) Grading. Drainage. and Erosion Control- Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as reasonably necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. . 13.) Street Signs - Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices, as directed by the City Engineer. 14.) Access to Residences - Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by construction until the streets are accepted by the City. 15.) Occupancy Permits - The City shall not issue a certificate of occupancy until all Improvements set forth in paragraph 2, except the final lift of asphalt, are completed and . approved by the City Engineer. 4 . . . . . 16.) Final Inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection ofthe work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 17.) Conveyance ofIm-provements - Upon completion of the installation by Developer and approval by the City Engineer of the improvements set forth in paragraph 2 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 18.) Replacement - All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a period of thirty (30) days prior to the expiration of the said one-year period, Developer shall perform a televised inspection of all sanitary sewer lines within the plat and provide the City with a VHS videotape thereof. 19.) Restoration of Streets, Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 20.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereofby the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 28 below. 21.) Claims for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer submit to the City as-built plans as required in paragraph 8 and that the Developer pay all 5 claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable . letter of credit approved by the City in an amount equal to 150% of the total cost of said Improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The deposit or letter of credit may be reduced in amount at the discretion ofthe City upon approval by the City of the partially completed Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less than 125% of the cost ofthe remaining Improvements. At such time as the Improvements have been approved by the City, such deposit or letter of credit may be replaced by a maintenance bond. Any letter of credit shall contain language stating that the Developer's lender shall, 30 days prior to the expiration of the letter of credit, notify the City by certified mail that the letter of credit will not be renewed. 23.) Insurance - The Developer shall take out and maintain public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or . by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $2,000,000.00 and shall remain in effect until the improvements set forth in paragraph 2 have been accepted by the City. The City shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the Improvements described in paragraph 2 above, . the Developer shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws ofthe State of Minnesota. The insurance coverage required hereby may be supplied by the Developer's contractors and subcontractors, thereby satisfying the requirements of this section. 24.) Laws, Ordinances, Regulations and Permits - Developer shall comply with all . laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed District, and the Metropolitan Council Environmental Services before commencing development of the plat. Building permits for Lots 8-13 shall be subject to review and approval by the Minnesota Pollution Control Agency. 25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of$15,600 ($1200 for each lot) as local sanitary sewer access charges. 26.) Park Fund Payment - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $26,000 ($2000 for each lot) for the Park Fund. 27.) Municipal Water Charges - Pursuant to Shorewood City Code a $10,000 municipal water connection charge is required to be paid for each unit. The Developer has . 6 . . . . . agreed to extend municipal water service to the project. Pursuant to Chapter 903 of the Shorewood City Code, the developer shall pay for the cost of installing water to the project or the required connection charges, whichever is greater. 28.) Tree Preservation Measures - The City has adopted a Tree Preservation Policy ("Policy") which has been incorporated into the City Code. In addition to the Policy, the Developer has prepared and the City has reviewed a detailed tree preservation plan prepared by , dated , 2005 ("Plan"). The Developer agrees that the tree preservation measures provided for in the Policy and in the Plan are the responsibility of the Developer, and that the Developer shall also be responsible for any acts of its subcontractors or agents which are in violation of either the Policy or the Plan. As partial security for its obligation under this paragraph 28, the Developer agrees that prior to the issuance of each building permit, it will provide for two thousand dollars ($2000) in cash or letter of credit per lot to be deposited with the City as security for such obligation. 29.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 With a Copy to: Shorewood City Attorney c/o Leonard Street & Deinard 150 South Fifth Street, Suite 2300 Minneapolis, MN 55345 To the Developer: Terry Pernsteiner, Pernsteiner & Associates 11022 Tanglewood Lane, LLC Champlin, MN 55316 30.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal right to become fee owner ofthe Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfillment of the 7 requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all dedicated streets and utility easements provided . to City shall be free and clear of all liens and encumbrances. 31.) Indemnification - The Developer shall hold the City harmless from and indemnify the City against any and all liability, damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion ofthe work and Improvements hereunder. 32.) Declaration of Covenants. Conditions and Restrictions - Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, which . Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. 33.) Remedies Upon Default- (01) Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City may cause any ofthe improvements described in paragraph 2 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense reasonably incurred by the City in remedying the conditions creating the emergency. (02) Performance Guaranty. In addition to the foregoing, after notice and failure to cure, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: 8 . . . . (a) The cost of completing the construction of the improvements described in paragraph 2 above. (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (c) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. (03) Additional Remedies. Notwithstanding any other remedy available to the City under this Agreement, the City may elect to proceed under this paragraph to remedy a violation of Developer's obligations under paragraph 27 hereof. (a) . (b) . . Upon discovery of an apparent violation of the Plan or Policy, the City will notify the Developer in writing ofthe violation. The notice will contain a description of the circumstances constituting the violation, the provision of the Policy or Plan which is apparently violated, the steps which must be taken to correct the violation and the date by which the compliance must occur. If compliance has not occurred within such time, or if the violation, by virtue of its repeated nature, seriousness or other factors are such that a penalty may be appropriate, the matter will be scheduled for a hearing by the City Council at a meeting not sooner than ten (10) days following the date on which written notice is mailed to the Developer. (c) Following the hearing, the Council shall render its decision in writing. If the Council determines that the Plan or Policy has been violated, (whether or not the violation has been corrected) it may take some or all of the following actions: (i) impose a monetary penalty of not more than $1000 for each violation. (ii) order that the Developer stop work on all construction for which building permits have been issued; and withhold the issuance of additional building permits until it has received assurances satisfactory to the City that no future violations of the Plan or Policy are likely to occur. (iii) take any other actions or enforce any other remedies available to it under this Agreement, the Policy or the City Code. . (03) Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 9 34.) Headings - Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not . influence its construction. 35.) Severability - In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 36.) Execution ofCounteroarts - This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 37.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 38.) Successors and Assigns - It is agreed by and between the parties hereto that the . Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER CITY OF SHOREWOOD . By: Its: By: Its: Mayor ATTEST: . City Administrator/Clerk . 10 . ST ATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of , 2005, before me, a Notary Public within and for said County, personally appeared Woody Love and Craig W. Dawson to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public . STATE OF MINNESOTA ss. COUNTY OF HENNEPIN . The foregoing instrument was acknowledged before me this day of ,2005, by Terry Pernsteiner, , Pernsteiner & Associates. Notary Public . THIS INSTRUMENT WAS DRAFTED BY: Shorewood Planning Department REVIEWED BY: Leonard Street and Dienard 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 (TJK) . 11 Legal Description: "The South 591.36 feet of that part ofthe Southwest Quarter of the Southeast Quarter lying Easterly of Smithtown Road, Section 31, Township 117, Range 23, Hennepin County, Minnesota. AND The North 198 feet of the South 789.36 feet of that part of the Southwest Quarter of the Southeast Quarter of Section 31, Township 117, Range 23, Hennepin County, Minnesota, lying Easterly of Smithtown Road." Exhibit A . . . . . . U) ,Q o o ,$ ,~ -- 2 -- .C!) ~ :::> UJ ,~ !1 . - Ill. r1iS ".. sil; ~~~ s. ~$'"& .~~ oli_- ...I1ll \. --- /' "' ~ \~ <C.~'i~ :z. ", c6, i \ a ~\~t \ tV %.,..1:",. ~ -2;CQ2, 5 'h't.!~ ~;:,.. w \\,~ '':'',~, :!~..~; ill -e....t:)...;" , ~ ~ 4. ~ '\ ~ ~ "'~ ~\~'" ...l '5 ~ ; "" ~ '.. 'l t ~\ ~~~\\ \~\ ~ 1- ~): \~ ~ III 1\ Sl ~ co ~ ... ~ ~ I~ s~ I ;l; ~ = ! ~/ I /1 L~ I 1 I I I I ';I; I~ I'" I "_, IIr '1/ )1 .' I ~ / l~1' C'Ij . I~.I\'I ~ . , u ~ III ~ \ ~~~ ,t ~~ .,y----_ 1 ~&.!. , ~ -----+-______ . I , ""_7 ~e'gs ------_-;;-J .!f.Io~w..va'rlO~ lPoI/ .6~. ~/. to-v .. ,....... ;;; c:i :!e - - ( ~ \ 'I:j ------.. - I:j l;~r---~'~ . r.... .._. l:! i:l Exhibit B M.l ;., ~z. tos-8.1f1. l.go.~.so-v ~e'ee~~'gl-q~ -----+ _ _ ~g'SjS-7 l:! I --- ------- - -- i:l "VIIAliiLJIIIM~ 9I1'91:&...llO,1 IVI\.,..I..L.I I~/"'::' ,------ CITY OF SHOREWOOD RESOLUTION NO. 05-066 . A RESOLUTION GRANTING PRELI1V1INARY PLAT APPROVAL FOR LAKE VIRGINIA WOODS WHEREAS, Virginia Shores Development, LLC (Applicant) has an interest in certain lands within the City of Shorewood and has applied to the Council for preliminary plat approval ofa plat to be known as Lake Virginia Woods; and WHEREAS, the Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in memoranda to the Planning ComItlission, dated 1 June 2005, and 29 June 2005 which memoranda are on file at City Hall; and WHEREAS, the Applicant's request has been reviewed by the City's Engineering Consultant and his recommendations have been duly set forth in a memorandum to the City Planner, dated 1 June 2005, which memorandum is on file at City Hall; and . WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 7 June 2005, for which notice was duly published and all adj acent property owners duly notified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . 1. That the Applicant's request for preliminary plat approval of Lake Virginia Woods is hereby approved. 2. That such approval is subject to the recommendations set forth in the City Planner's memoranda, dated 1 June 2005 and 29 June 2005, the recommendations set forth in the City Engineering Consultant's memorandum, dated 1 June 2005, and the terms and conditions contained in the minutes of the Planning Commission meeting of 5 July 2005 on file at City Hall. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREW OD this 25th day of July, 2005. ;1} ( / ! GG~ '>L--- Woody Love, Mayor ATTEST: awson, City Administrator/Clerk . Exhibit C CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@ci.shorewood.mn.us MEMORANDUM DATE: September20, 2005 RE: Mayor and Council Members Craig W. Dawson, City Administrator/Clerk ~ Park Commission Appointment TO: . FROM: . In August, 2005, the City Council interviewed two candidates for an opening on the Park Commission. One of those candidates was appointed to the Park Commission. The other candidate, Robert Hensley of 2811 0 Woodside Road, was informed that although he was not selected, his application would be kept on file should an opening become available. . The City recently received notice from Park Commissioner Todd Wagner that he was resigning from the Park Commission due to work commitments. The term ofthis seat goes through February, 28, 2006. Staff contacted Robert Hensley to see ifhe was interested in filling this vacancy, through February 28,2006. Mr. Hensley affirmed his interest. Council Action Should an appointment be made at tonight's meeting, a motion to adopt a Resolution making Park Commission appointments is in order. . . #?f1 n '.J PRINTED ON RECYCLED PAPER Robert G. Hensley 2811 0 Woodside Road Shorewood,~ 55331 Educational Background Employment Community Activities Family Hobbies Bachelors of Arts in Business Administration' Bachelors of Arts in Psychology, Austin College, 1984. Juris Doctorate, Baylor Law School, 1987. Dorsey & Whifuey, LLP. Partner. Legal practice focuses on business, construction, and commercial law. Additional legal background in. zoning, land use, and regulatory issues. Practicing attorney for 18 years. University of St. Thomas. Adjunct Professor of Law. Teach Business Planning, an upper level course at the law school (2004-05). Board of Directors and Executive Committee, Minneapolis Regional Chamber of Commerce (current). Chair of Membership Advisory Committee (current). Boy Scouts of America, Troop 424 (Shorewood and Excelsior). Treasurer and Assistant Scoutmaster (current). Minnesota Landmarks, Board of Directors (1997-99). SteppingStone Theatre for Youth, Board of Directors, President, and Chairman (1995-97). Minnesota Crafts Council, Board of Directors (1994-96). Lindy Hensley, wife of 18 years. Three children, Greyson (14), Austin (11), and Brooke (8). Children attend Minnetonka High School, Minnetonka Middle School West, and Minnewashta Elementary. Children partiCipate in baseball, soccer, swimming and other community-based activities. We have resided in Shorewood for three years. Sailing, fishing, and camping. . . . . . . CITY OF SHOREWOOD RESOLUTION NO. 05-_ A RESOLUTION MAKING PARK COMMISSION APPOINTMENTS WHEREAS, the City of Shorevvood has advertised for Shorevvood residents to apply to serve on the Park Commission; and WHEREAS, the City Council did complete intervievvs and selection procedure for appointment to said Commission. . NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorevvood hereby makes the follovving appointment to the Park Commission effective September 26, 2005, vvith the term expiration as indicated: Park Commission: Member Term 1. February 28, 2006 . Said appointments complete the seven member Park Commission vvhich consists of the follovving additional members: Member Term 2. Judy Famiok February 29,2008 3. John Moonen February 29,2008 . 4. Sue Davis February 28, 2007 5. Julie Westerlund February 28, 2007 6. Steve Loheit February 28, 2007 7. Hovvard Young February 28,2006 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of September, 2005. WOODY LOVE, MAYOR . ATTEST: CRAIG w. DAWSON, CITY ADMINISTRATOR/CLERK CITY OF SHOREWOOD CITY COUNCIL MEETING September 26, 2005 PUBLIC SIGN-IN SHEET For the record, please print your name and address below. Thank you. Name Address 1. ~)ef\ \.- 'K-e;e\o 0~\U'\ ~ ~567{) SM\\~\OvJ\\ (Z~ 2. 3. 4. 5. 6. 7. 8. 9. 10.