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041105 CC Reg AgP . . . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 11,2005 5755 COUNTRY 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, March 28, 2005 (Att.- Minutes) B. City Council Work Session Minutes, March 28,2005 (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 removalfrom Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. Staffing - No action required C. Approval of Request from Lake Minnetonka Triathlon to traverse the City on Saturday, June 18, 2005 (Att. Deputy Clerk's memorandum, Lake Minnetonka Triathlon Letter) D. Accept Plans and Specifications and Authorize Advertisement for Bids for 2005 Sealcoating of Streets, City Project 05-01 (Att.-Public Works Director's memorandum, Resolution) E. Approval of Multiple Dock License - Shorewood Yacht Club (Att.- Application) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS A. Recognition of Service of former Park Commissioner Paul Gilbertson . . . . . CITY COUNCIL AGENDA - APRIL 11, 2005 PAGE20F2 6. PUBLIC HEARING A. 7: 15 PM - Consideration of a Request to Vacate a Portion of Femcroft Drive Right-of- Way (Att. - Planning Director's memorandum, Draft Resolution) 7. PARKS 8. PLANNING - Report by Representative A. Revised Subdivision and Variance Request (Att. - Planning Director's memorandum, Draft Resolution) Applicant: Matt Phillippi Location: 4890 and 4900 Femcroft Drive and 21155 Minnetonka Boulevard 9. GENERAL/NEW BUSINESS A. Approval of 2005-2025 Capital Improvement Program for Excelsior Fire District (Att. - Administrator's memorandum) B. Reimbursement Resolution for City Hall (Att. - Administrator's and Finance Director's memorandum, Bond Consultant's letter, Resolution) 10. ENGINEERINGIPUBLIC WORKS 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection B. Mayor & City Council 1. SLMPD Issues Group 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, 11 April 2005 . A preview for the April 18 Board of Review meeting will begin at 6:15 p.m. . A Work Session will immediately follow the Regular City Council meeting this evening. . Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: Staffing - No action required. . Agenda Item #3C: The second annual Lake Minnetonka Triathlon is scheduled for the morning of Saturday, June 18. The Triathlon promotes awareness of Type 2 Diabetes, which is becoming more prevalent in youth. The Triathlon begins in the Excelsior Commons with a ~-mile swim, then a 15-mile bike ride (approximately between 7:30- 8:30 AM), followed by a 3-mile run. Approximately ~ of the bike ride goes through Shorewood on Mill Street. The South Lake Minnetonka Police Department has been notified of this Triathlon, and will assist at intersections, where needed. Approval requires simple majority vote. . Agenda Item #3D: Each year the City of Shorewood encumbers $65,000 of the operating budget for the seal coating of roadways within the City. Year 2005 is no exception. Staff recommends approval of the resolution that approves the plans and specifications for such services and authorizes the advertisement for bids. If approved, the bid opening for this project is scheduled for 10:00 a.m., Wednesday, May 18th, 2005. Agenda Item #3E: Shorewood Yacht Club has applied for its 2005 multiple dock facility license. Approval is recommended subject to the owners' compliance with L-R zoning district requirements and the conditional use permit for the property. Agenda Item #5A: Former Park Commissioner, Paul Gilbertson, will be present this evening to receive recognition for his two years of service on the Park Commission. . Agenda Item #6A: A public hearing has been scheduled to consider a request by Matthew Phillippi to vacate the west five feet of the Ferncroft Drive right-of-way adjoining his properties on that street. The vacation provides for larger lots in a small redevelopment project proposed by Mr. Phillippi (see #8A, below). Ferncroft is currently 10 feet wider than what our codes require for a city street. Past practice has been to vacate (where appropriate) half of any "excess" with the understanding that the property owner on the n to" PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of 14 April 2005 Page 2 of 2 other side of the street could apply for similar treatment. There are no utilities, except for . sewer service stubs, in the subject R.O.W. Also, as part of the proposed subdivisions proposed by Mr. Phillippi, the City will acquire lO-foot drainage and utility easements across the fronts of the respective lots - a net gain for the City of five feet. The Planning Commission has recommended approval of the proposed subdivision, including the R.O.W. vacation. A draft resolution is included in your packet. Agenda Item #8A: Matthew Phillippi has assembled four parcels of land on Ferncroft Drive. He proposes to rearrange the lots into six building sites. He has requested approval of minor subdivisions and lot width and area variances. Mr. Phillippi's original plan was rejected by the Planning Commission, however a revised plan that included another existing substandard lot and resulting in uniform 70-foot wide lots was unanimously recommended for approval. As a result of the plat a number of non conformities will be eliminated or improved, including the removal of a nonconforming two-family dwelling, a nonconforming garage and increasing a 50-foot wide lot to 70 feet. This application is dependent upon a favorable outcome of item #6A, above. A draft resolution reflecting . the Planning Commission's recommendation is included in your packet. Agenda Item #9A: The Board of the Excelsior Fire District has forwarded its 2005-2025 Capital Improvement Program (CIP) for approval by the member cities' councils. Updated CIPs are to be approved by at least two-thirds of the member cities by April 15. Thus far, three city councils have approved the new CIP; Shorewood is considering it tonight, and Tonka Bay will consider it tomorrow night. Chief Mark DuCharme will . present the CIP at the Council meting. Approval of the CIP can be made by a simple majority approving a motion. Agenda Item #9B: A reimbursement resolution has been prepared so that the Council may qualify the purchase of 5975 Country Club Road as an expense reimbursable from bond proceeds that it may issue for improvement or replacement of City Hall. Additional wording has been included in the last paragraph of the first page of the resolution to note that long-term financing is contemplated for improvements to the existing City Hall as . well as potential construction ofa new City Hall. Adoption of the resolution does not commit the City Council to any construction to City Hall nor to issuing any long-term financing. It merely assures that the recent land purchase can be included if long-term financing is issued. Staff recommends approval of the proposed resolution; a simple majority vote is required. . . . . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 28, 2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DRAFT Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love, Councilmembers, Callies, Lizee, Turgeon, and Wellens; Administrator Dawson; Attorney Keane; Finance Director Burton, and Planning Director Nielsen, Engineer Brown. Absent: None B. Review Agenda Lizee moved, Wellens seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, March 14,2005 Wellens moved, Callies seconded, Approving the City Council Regular Meeting Minutes of March 14,2005 as presented. Motion passed 5/0. 3. CONSENT Lizee moved, Wellens seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List. B. Authorizing RESOLUTION 05-024, "A Resolution Approving Appointment of Christopher Pounder as Light Equipment Operator." C. Authorizing RESOLUTION 05-025, "A Resolution Approving License for Tree Trimmers." D. Authorizing RESOLUTION 05-026. "A Resolution Proclaiming Arbor Day on April 29, 2005." E. Authorization of Expenditure of Funds for Park Sign age. F. Approval for Setting the Date for the Timber Lane Public Hearing. #JfI CITY OF SHOREWOOD REGULAR COUNCIL MEETING March 28, 2005 Page 2 of7 G. Authorization for Expenditure of Funds for Water System Repairs Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented. 5. REPORTS AND PRESENTATIONS There were no matters from the floor presented. 6. PUBLIC BEARING None. 7. PARKS Chair Sue Davis reported that the Park Commission is excited about Music in the Park this year. A fundraising letter has been drafted that will be mailed to local businesses seeking monetary support for the Music in the Park program. Mayor Love asked Staff if there were funds in the budget for Music in the Park. Engineer Brown reported the 2005 budgeted amount for Music in the Park is $2,000. The need is approximately $3,500 due to advertisement costs and contracts for performers. Brown noted that they are relying on fund raising efforts to contribute to the costs. Councilmember Callies noted that the Commission established relationships with businesses that contributed towards Music in the Park last year. Callies noted that the Parks Foundation is supportive of working together to collect funds for projects and activities. Chair Davis noted that the Parks Foundation is the appropriate vehicle by which residents can make tax- deductible donations for Music in the Park or other park projects. Mayor Love asked if there were other activities the same evening as Music in the Park, specifically concessions. Love stated that this is a great event and would like to get feedback from residents regarding support of this program. Love also suggested matching funding by Council, to support closing the gap for the remaining amount needed. Love stated that as a community, people need to step up and help fund and support these programs; however, he would like to see the program self-sustaining and possibly funded by the concessions. Love thanked the Park Commission for its good work towards this program, given the tight budget it has had. Chair Davis stated that the entertainment line up this year is very good, and these events pull from outside the community. The Park Commission started months earlier with this project than last year. It will work with the Parks Foundation to get a contact list so they are not duplicating mailings. Mayor Love reiterated that he would like to see matching funds, which would close the gap very quickly. . . . . . . . . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING March 28, 2005 Page 3 of? Chair Davis stated that the goal is to get a fundraising letter out within a month. Lizee moved, Callies seconded a motion for the City to match donations up to $1,000 towards the Music in the Park program. Motion passed 5/0. Chair Davis reported on other park matters noting there was consideration to bring in a skate board performance group to kick off the opening of the new skate board park; however, the cost was too prohibitive. Davis also reported on a recent meeting she attended for the dog park at Minnewashta Park. Davis stated that the meeting was very informative and the park will open with a public education forum about the dog park. Davis noted that most of the attendees at the meeting were residents from the City of Shorewood. Chair Davis continued, regarding concessions operations the Park Commission voted unanimously to support Staffs recommendation of a $2,000 flat fee for the use ofthe concession stand this season. Councilmember Turgeon asked when a final decision would be made regarding the concessionaire. Engineer Brown stated that discussions with the concessionaire have been ongoing for several months. The concessionaire recently sent an email declining the City's offer. Brown noted that staff has been trying to measure the cost of the facility versus finding a new vendor at this point in the year. Councilmember Turgeon asked if the concessionaire made a counter offer. Engineer Brown stated that he did not counter the $2,000 request. The concessionaire is holding to his original offer of $775. Staff was directed to go back and calculate the costs to operate the facility per month, with insurance and maintenance. Brown noted that operational costs were approximately $2,200 per month inclusive of all maintenance costs, insurance and restrooms. Mayor Love reiterated that he would eventually like to see the concessions make money for the City and would support the long-term viability of the concessions and an operator. Councilmember Wellens asked if the schools have any program where they would support student operation of small businesses. Councilmember Lizee stated that she was not aware of any school programs for this type of project. Chair Davis noted that the concessionaire's sales were higher than the previous year and noted that he does carry a lot of inventory, but agreed that she would also like to see the concessions become a revenue stream for the City. Councilmember Turgeon expressed concern with establishing a relationship with a new vendor, but agreed that $2,000 is not excessive, given the profits the concessionaire made last year. Councilmember Callies also agreed that making a profit from the concession facility would be good. Mayor Love requested that Council start discussing this matter in the fall for next season. Love stated that he would defer to the Park Commission to negotiate the best arrangement within reasonable parameters. CITY OF SHOREWOOD REGULAR COUNCIL MEETING March 28, 2005 Page 4 of7 Callies moved, Lizee seconded to authorize the Staff and Park Commission to negotiate the best . alternative possible with the proposed concessionaire or create an alternate plan. Motion carried 5/0. 8. PLANNING - Report by Representative Commissioner Gniftke reported on two matters considered and actions taken at the March 1, 2005, Planning Commission meeting (as detailed in the minutes of that meeting). A. Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet Applicant: Rodney Schwartz Locations: 26500 Strawberry Court Director Nielsen explained the applicant is seeking to construct a detached garage on the back center of the lot. City Ordinance requires a CUP subject to four criteria. The request does meet all four criteria specifically; 1) the floor area of the proposed accessory building does not exceed the existing floor area, above grade, of the principal structure; 2) the total area of the accessory buildings cannot exceed 10 percent of the minimum lot size for the zoning area that it is located and in this case it is well below; 3) the proposed structure does applies with the R-IA setback requirements and hardcover is less than the 33% maximum; 4) the proposed structure will have the same siding and roofing as the principal structure. . Director Nielsen noted that based on compliance and the relatively small size of the structure there is no additional landscape requirements. The Planning Commission has recommended approval of the request. Nielsen stated that Mr. Schwartz was not able to be in attendance at the meeting this evening. . Turgeon moved, Wellens seconded, Adopting RESOLUTION NO. 05-027, "A Resolution Approving a Permit for a Conditional Use Permit for an Accessory Structure in Excess of 1200 Square Feet." Motion passed 5/0. B. Preliminary Plat - Arbor Creek Applicant: Paumen Properties Locations: Approximately six acres on the west side of Grant Lorenz Road, approximately 200 feet south of Noble Road. . Director Nielsen explained the history of this case, noting that the subdivision had been proposed about one year ago as Sleepy Hollow Plat Woods with six parcels. The property is adjacent to the elementary school on the west and' south. The existing single-family home depicted on the plat belongs to the son of the owner of the property, and is not included in this proposed division. However, the plan does include two outlots that will be legally combined with the son's property to make it larger. The five new lots meet all the requirements of the RI-A zoning district. Director Nielsen went on to explain that one of the significant issues with the area is the drainage. There is an existing drainage way that runs parallel to Grant Lorenz Road. This project will drain almost entirely to that drainage way. The developer proposes to grade the site and pipe the drainage toward the existing drainage way, allowing the area of woods to be less altered. . . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING March 28, 2005 Page 5 of7 With regard to analysis of the proposed plat, Director Nielsen summarized the reforestation plan and location of tree planting. Noting also that the drainage collected at the pond is redirected at a controlled rate back into the system. The neighbors did have concerns with water flowing across Noble Road. Director Nielsen noted that the property to the north has some drainage issues and the City can explore what easements exists' and the ability to trench the drainage way that flows north. That matter is separate from the Preliminary Plat, which complies with the requirements of the drainage plan and Watershed District. The Planning Commission has recommended approval of the Preliminary Plat. Councilmember Callies asked about the existing property being excluded from the preliminary plat. Director Nielsen noted that the property currently exists as a separate lot and is not clear why it was included in the first plat, other than they would like to make it larger and are doing so in this proposal with the attachments of outlots. Councilmember Wellens asked about the drainage comments contained in the memorandum from WSB, and if the drainage will be an issue. Engineer Brown stated that water does flow over Noble Road in heavy rain events. The slope towards the lake does not allow water to flow any faster. Staff considered the consequences of water flowage over the road, and noted that it is rare and no structures are endangered; it may create a minor traffic nuisance for a short period of time. Brown stated that he is confident that it does not present a hazard to houses. Director Nielsen stated that residents to the north have drainage issues caused from water seeping out of the hillside and embankment behind their houses. The plat will result in less ground water flowing into those lots. It will not solve any sub-surface water issues from the hillside. Councilmember Lizee asked if the School District approved the trail location. Director Nielsen stated that the School District's Operations Department preferred the proposed location. . Wellens moved, Callies seconded, Adopting RESOLUTION NO. 05-028, "A Resolution Granting Approval of the Preliminary Plat for Arbor Creek." Motion passed 5/0. . 9. GENERAL/NEW BUSINESS A. Authorization of Expenditures of Funds for a Document Imaging System Administrator Dawson explained that a Document Imaging System was included in the 2005 budget for $30,000. Over the course of several months Staff has researched several Imaging Systems and vendors. Administrator Dawson stated that an Imaging System will be a very powerful tool for Staff, Council and the public once implemented. There will be a great deal of entry at the front end, but there will be opportunity to get all the City's key records into an electronic format. In doing so the City will be in compliance with the Records Retention Act having documents stored in this approved archival form. Administrator Dawson noted that this item needs Council approval because there is a need to draw from the Council Contingency Fund. CITY OF SHOREWOOD REGULAR COUNCIL MEETING March 28, 2005 Page 6 of7 Engineer Brown stated that City is required to have a records retention schedule. Many documents have . to be permanently preserved. This system will help staff with day-to-day task and provide insurance by having backup data in the event of a disaster at City Hall. This system will allow staff to input documents on a daily basis. Staff spoke with three separate vendors and looked at two different systems. Cities Digital with Laserfiche was the preferred choice and they provided the low quote in the amount of $26,232 with an additional $6,600 for upgrades to the server. Staff recommends that Council accept the proposal from Cities Digital and up to $3,000 be taken from the Council Contingency Fund to bridge the gap for the server upgrades. Councilmember Turgeon asked if there were some documents that would need to remain in paper form. Administrator Dawson stated that there are some documents that will need to remain paper; however, the Laserfiche format is an acceptable archival format for data storage. Councilmember Turgeon asked if the scanning would be done by staff or outsourced. Administrator Dawson noted that the matter has not been discussed in length, but Staff will consider the possibility of summer staff or part-time support to get documents imaged. . Lizee moved, Wellens seconded, Authorizing Expenditure of Funds for the Laserfiche Document Imaging System from Cities Digital Solutions in the amount up to $30,000 from the General Government Fund and Expenditure of Funds for Server Upgrades in the amount up to $3,000 from the Council Contingency Fund. Motion passed 5/0. . 10. ENGINEERINGIPUBLIC WORKS There was nothing to report on at this time. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff . A. County Road 19 Intersection Engineer Brown reported that construction along the County Road 19 intersection is to begin approximately April 18 with relocation of the water main along the west side of County Road 19. The construction will then move to the area near the Police and Fire Station to work on the storm sewer. Engineer Brown continued that the schedule is reliant on all the utilities staying on schedule. Brown complimented the utility companies for their work with the City. Engineer Brown stated that several mature trees along the residential property south of the public works facility would be removed. The contractor is working with the private and public utilities and also trying to get the retaining walls up early. . '" . . . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING March 28, 2005 Page 7 of7 2. Freeman Plaza Garibaldi Family Dedication Engineer Brown reported that the Garibaldi family and friends will have a private dedication for the new plaza at Freeman Park on April 9. Brown stated that an application was received for a tent to be placed over the plaza facility, in the event of inclement weather. B. Mayor & City Council 1. SLMPD Issues Group Mayor Love strongly encouraged Councilmembers to attend the SLMPD Issues Group meeting on April 6. Mayor Love reported that the Fire Board met last week with discussed concerns regarding the response time to certain parts of Deephaven, which included discussion moving to zones. This matter was referred to the Fire Chief, fire fighters, and the Operating Committee to come up with recommendations regarding standards and zones. Mayor Love noted the Relief Association is requesting a benefit increase from $4,700 to $5,000. There was a motion for reconsideration of this matter and it will be on the next agenda. Love asked if there was consensus from Council to support the increase. Council acknowledged its support. 12. ADJOURN Lizee moved, Turgeon seconded, Adjourning the Regular City Council Meeting of March 28, 2005, at 8:20 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Shelley Souers, Recording Secretary Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk . . . . . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, MARCH 28, 2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS Immediately following Regular City Council Meeting MINUTES 1. CONVENE CITY COUNCIL WORK SESSION D.;~.~,f: T r~.j . Mayor Love called the meeting to order at 8:34 P.M. A. Roll Call Present: Mayor Love; Councilmembers Lizee, Turgeon, Wellens, Callies; Administrator Dawson, Planning Director Nielsen, Engineer Brown, and Finance Director Burton. Absent: None B. Review Agenda Without objection from the Council, Mayor Love proceeded with the Agenda for the evening. 2. SHOREWOOD CITY HALL BUILDING Administrator Dawson reported that Council wanted all members to be present for continued discussions regarding the City Hall building. Administrator Dawson invited Bill Baxley, the Project Manager from Boarman Kroos Vogel (BKV), to attend the meeting to review and address any questions regarding the work that BKV did for the City about one year ago. Love clarified that the information provided by BKV represented the full costs associated with each of the scenarios outlined. Bill Baxley stated that BKV was hired to conduct a needs assessment and feasibility of the City Hall building for its current use and anticipated ultimate function, as well as how to approach the use or reuse of the building or other alternative to the site. These were summarized as four different scenarios, short- term to long-term. Mayor Love stated that he would like to define a process to compare an addition versus new structure and get feedback regarding the direction Council would like to pursue. Councilmember Wellens asked if other similar-sized cityies' facilities were compared. Bill Baxley stated that they looked at several similar sized cities, and the information obtained can be used as a benchmark. Mayor Love noted that the use of consultants versus Staff would have an impact with facility space needed. Administrator Dawson agreed that was a valid criterion to examine because the use of consultants would impact the space needed. :it ;2. 13 CITY OF SHOREWOOD COUNCIL WORK SESSION March 28, 2005 Page 2 of2 . Mayor Love stated that part of the process would be to find the areas where Council agrees and learn whether there is a need to increase the number of City Staff. Administrator Dawson responded that he does not see much of an increase in the staff size, and noted that it does take time and staff to manage consultants. Mayor Love stated that once Council agrees on a process and lays out the options for discussion, it will be helpful to get Council's individual feedback about the options to be brought forward. Regarding timelines, Administrator Dawson suggested to continue working with BKV Group over the next several months to develop concepts further, along with Staff doing some comparative work relating to building, planning and soil issues and the advantages and disadvantages of various scenarios. Dawson suggested blending the alternatives to consider if they would be appropriate now that there is additional flexibility with the site, which did not exist a year ago. Administrator Dawson stated that he would like to continue to work with BKV Group and get a proposal . to take everyone through the work that has been done, and layout additional alternatives to see where efforts can be focused and better understand the options. Council was supportive of a full investigation of all options to narrow a recommendation. 3. COMMUNICATION TO STATE OFFICIALS . Administrator Dawson requested clarification from Council regarding Staff sending letters to State Officials on behalf of the City. Mayor Love suggested an informal practice whereby letters regarding policies were sent by Staff to all Councilmembers. If anyone Councilmember called to express concern regarding said letter, that the Mayor be contacted to determine whether it is appropriate to call a special meeting, or place the matter on the next Council meeting. . 4. ADJOURN Wellens moved, Turgeon seconded, Adjourning the March 28, 2005, Work Session Meeting at 9:52 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Shelley Souers, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator/Clerk . . PAYABLES APPROVALS For 4/11/05 Council Meeting . . Approved by: Cra' wson, City Administrator . . Date: i/_ '1-t~5- Date: 1ft )~ Date: (f1..o7. (Jf #3.4- PAYROLL APPROVALS For 4/11/05 Council Meeting tJ C p ,; __ v.. Prepared by: ffi/rfi/I.1Lllft ..~ . Catheri~ Elk~, S'lfccountant ReVIewed by: ~~{,~ Bonnie B n lna ce Director / , City Administrator Date: '1---7-05 Date: f?1 ft~ Date: 01. 07.0? . . . . . . 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 April 6, 2005 Mayor and Council Members .~ i1t Jean Panchyshyn, Deputy Clerk U' Craig W. Dawson, City Administrator A Motion Approving a Request to Allow the Lake Minnetonka Triathlon to Traverse the City on Saturday, June 18,2005 The second annual Lake Minnetonka Triathlon is scheduled for Saturday, June 18,2005, The attached correspondence from Ross K. Rogney provides the details for this event. . This event will promote health awareness and awareness of Type 2 Diabetes, which is becoming more prevalent in youth. Charitable contributions will also be collected for the Local Area Food Shelf and the International Order of Odd Fellows. Mr. Rogney stressed that this event is not a race, but a recreational event. Bicycle riders will not ride in groups, and will observe Minnesota traffic laws. The South Lake Minnetonka Police Department is aware of this event, and will be assisting at intersections, where needed. Interested participants may contact Mr. Rogney at 952-474-8456. Staff recommends Council approve the request to allow the Lake Minnetonka Triathlon to traverse the City on Saturday, June 18,2005. . #.3L ..... t.., PRINTED ON RECYCLED PAPER Lake Minnetonka Triathlon 780 Pleasant Street Excelsior, MN 55331 952-474-8456 March 3,2004 Jean Panchyshyn Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Dear Ms. Jean Panchyshyn: I am hosting the Lake Minnetonka Triathlon on June 18, 2005 The triathlon will start in the Excelsior Commons with a ~ mile swim, then a 15 mile bike ride, followed by a 3 mile run. The reason I am writing you is that approximately '!4 of a mile of the bike course goes through Shorewood on Mill Street (please see map enclosed - highlighted area). I spoke to Mr. Larry Brown and he instructed me to write you, for your review, to determine if this matter needs to be brought to the city council: . The triathlon ride is not a race, and pack riding and drafting are not allowed. All cyclists must observe Minnesota traffic laws and ANST or SNELL approved hard shelled helmets are required. The ride time will be approximately 1 hour, from 7:30 a.m. to 8:30 a.m. South Lake Police and the Carver County Sheriff will be helping with intersections in Excelsior and Chanhassen. There will be no need for any police in the v.. mile stretch through Shorewood because there are no intersections. There will also be 25 other volunteers on the bike course. If you would like further information on the event, please call me at 952-474-8456:' rfthis will require City Council presentation and a vote, I would like the opportunity to attend the meeting. I appreciate your time in this matter, and look forward to hearing from you. Sincerely, '":_:Z: -? L ..4"" ~:e::.' v?Z/?/I/' ..' .-':? '""",,;;;1" - ;;, Ross K. Rogney -- "4' . . . . . . . . . . MapQuest: Maps: print -. ~ESl0 ~ ~ ~ ~ Se.ndI9,PrLntSlr 6~H;I5,tQ_Mgp- 780 Pleasant St Excelsior MN 55331-3038 US ~~.~.~~.:. ....~).\~:?..:r::.~. .\;:~'~:~.~:.......Q.:;,.:.A..:......... Page 1 of 1 Need InK? Buy printer cartridges: Save up to 75% Free UPS 2-day shipping Buy Now! www.InkSell.com AILrjg,bJ;sJ:ese!:Y_e_d.",,!.!,se,SJJ,bJe!:.ttQI.!!;ens!':ICQPy-r..\g111 I MgQ.!.egelJ,d. ~^Vi:;'~ . ~.' This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. Privacy Policy & Legal Notices @ 2003 MapQuest.com, Inc. All rights reserved. httn' / /UJWW m~n(111p.~tcom/man~/nrint.adD?maDdata=%252bKZmeiIh6N%252fJM3 YwO... 12/29/2003 MapQuest: Maps: print Page 1 of 1 -.. ...... ~ ~ Need InK? ~. ~ se.nd.I.Q..P.r.:tnt.e.r !;29.ckJQ.M.ap 780 Pleasant St Excelsior MN 55331-3038 us ~~.~.~~.:.........~.~\~.........S.?~.:..~.......................... Buy printer cartridges: Save up to 75% Free UPS 2-day shipping Buy Now! www.InkSell.com A.!Lrignts.re.seO!e.d.,J.1se..SubJet.t...t.9.J,i!;.enseLCQPy'rigot I Mgp.J"egend ~~;= This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. Privacy Policy & Legal Notices @ 2003 MapQuest.com, Inc. All rights reserved. httn:/ /www.maoauest.com/maos/orint.adp?mapdata=%252bKZmeiIh6N%252bhB70eGm... 12/29/2003 . . . . . . 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 Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works . DATE: April 6, 2005 RE: Resolution Accepting Plans Specifications and Estimate and Authorizing Advertisement for Bids for Bituminous Sealcoating of Streets for the Year 2005. . Each year the City of Shorewood encumbers $65,000 of the operating budget for the sealcoating of roadways within the City. Year 2005 is no exception. Attachment 1 is a map of the roadways to be sealcoated this year. The Cities of Shorewood, Excelsior and Tonka Bay are letting a joint sealcoating project. This will allow the cities to take advantage of economies of scale. . The total budgeted amount is comprised of two a major components. The first component is the purchase of the sealcoat rock. The City has already contracted and taken possession of the sea1coat rock for Shorewood. This amounts to $15,022. The remainder of the total budgeted amount is the portion for sweeping of roadways, furnishing and application of bituminous oil on the roadways, and the placement of owner furnished sealcoat rock. This component is the piece that has yet to be advertised and publicly bid. Therefore the attached resolution approves the plans and specifications for such services and authorizes the advertisement for bids. If approved, the bid opening for this project is scheduled for 10:00 a.m., Wednesday, May 18th, 2005. Recommendation Staff is recommending that the attached resolution be adopted that approves the plans specifications and estimate for the Bituminous Sealcoating of Streets for the Year 2005, and authorizes advertisement for bids. . :#- ,-3 D #. t..1 PRINTED ON RECYCLED PAPER 1. SHADY ISLAND PT 2. SHADY ISLAND TR 3. SHADY ISLAND CIR 4. MAPLE LA 5. SHADY ISLAND. RD PHELPS -BAY SHADY ISLAND ENCHANTED ISLAND LAKE MIf\JNETONKA ~ ... ... ii< ~ w Cl ....... ill H' - 2005 .... 1ft """ .. BITUMINOUS SEALCOATlNG Ial 'Ml ..... .. -... OF STREETS us ...... """"'_... "'" s~6~~'W~D CITY PROJECT NO. 05-01 m 04/11;'05 -... "" PROJECT AREA AREA 1 CITY OF SHoRE~OoD ... w W :t '" Z '" ...J ... . N 1.- c ATrAeH~E.NT ) -.4Z w ~o:: ~~ ~~~ ::;:00 1-:::;0 !!!m< 0::;:' xn.. o ~- V) <( 2 l- V) 0:: I U ~ c:::t o <I: 0 W ~ Q: ru Q: <[ 0 I Vl \, / I- U <I: W W ...... ., Q: 0 ~ <I: n.. >- I- U w ~ <( --.-I ~ 0 t- I <t If) CJ C> u <l~ci U1~t:::Z o 0::1- o t-U ruv>VJw ;:, -, ~15fi ::L lL => I- >- Pi I- .... U M~~ >oW ....'" ~C1 UI Vl II e g - ~ 9xi 1'l5; Ii ~ l!l ';- . 9 0 ]>iVl 5VVU51~H::> ~I:J 'O~ 31 V Gilt .)/ // ,y ~ Ii NOl1dlllJSJeS W;I1d \ , CITY OF SHOREWOOD . STREETS TO BE SEALED COATED IN 2005 CRS-2 AGGREGATE STREETS - AREA 1 FROM TO sa vrds (GAL) TONS TYPE Enchanted Drive Enchanted Lane Cui - De - Sac 3774 1400 64 FA-2 Enchanted Cove Enchanted Drive Cui - De - Sac 551 200 10 F A-2 Shady Island Point Shady Island Circle Dead End 480 190 10 FA-2 Shady Island Trail Shady Island Circle Dead End 367 120 8 FA-2 Shady Island Circle Shady Island Road Shady Island Road 2267 780 38 FA-2 Shady Island Road Shady Island Bridge Dead End 3500 1300 55 FA-2 Dellwood Lane Enchanted Drive Cui - De - Sac 1444 500 25 FA-2 Enchanted Lane Minnetrista City Limits Shady Island Bridge 6860 2500 120 FA-2 STREETS - AREA 2 . Shore Road Radisson Inn Road Dead End 1354 480 24 FA-2 Radisson Inn Road Covington Road Radisson Entrance 4153 1460 70 F A-2 Merry Lane Radisson Road Public Lake Access 2550 900 43 FA-2 3rd Avenue State Hwy 7 Excelsior City Limits 978 360 18 F A-2 Christmas Lake Road 3rd Avenue Christmas Lane 6200 2200 100 FA-2 Christmas Lake Lane ( E ) Christmas Lake Road Dead End 553 190 10 FA-2 . Christmas Lake Lane ( W ) Christmas Lake Road Cui - De - Sac 1446 510 26 FA-2 BrancfCircle Christmas Lake Lane Cui - De - Sac 1121 400 20 F A-2 Hillenqale'Road M ill Street Dead End 2029 710 34 F A-2 Totals 14,200 672 . . .. ( .. . . . . . CITY OF SHOREWOOD RESOLUTION NO. 05- A RESOLUTION APPROVING SPECIFICATIONS AND ESTIMATE AND AUTHomzmGADVERT~EMENTSFORBIDS FOR BITUMINOUS SEAL COATING OF STREETS WHEREAS, the City of Shore wood designates $65,000 for seal coating each year~ and WHEREAS, the Director of Public Works has identified streets within the City that need bituminous seal coating~ and WHEREAS, the Director of Public Works has prepared Specifications and Estimate dated April 11th, 2005 for a joint project within the Cities of Shorewood, Tonka Bay, and Excelsior for the Bituminous Seal Coating of Streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. The Specifications and Estimate were prepared by the Director of Public Works for such improvement. Said Specifications and Estimate are hereby approved and shall be filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the Official paper and in Construction Bulletin an advertisement for bids, attached hereto as Exhibit A, upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 2 weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at 10:00 a.m. (CST), on May 18, 2005, in the City Hall Council Chambers, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5 percent of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of April, 2005. ATTEST: Woody Love, Mayor Craig W. Dawson, City Administrator/Clerk .. I ADVERTISEMENT FOR BIDS i > 2005 Bituminous Seal Coating of Streets For the Cities of Shorewood, Tonka Bay and Excelsior Minnesota . NOTICE IS HEREBY GIVEN that sealed proposals will be received at the City Clerk's Office in the City of Shorewood, Hennepin County, Minnesota at the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota 55331, until 10:00 A.M. on Wed., the 18th day of May, 2005 and will be publicly opened at said time and place by two or more designated officers or agents of the Cities of Shorewood. Said proposal to be for the furnishing and placement of Bituminous Material and all labor for the placement of owner furnished Seal coat Aggregate. 2,700 TON 54,600 GAL Install Owner Furnished Aggregate, FA- 2 Granite Furnish and Install of CRS - 2 Bituminous Material for Seal Coat . Proposals arriving after the designated time will be returned unopened. The bids must be submitted on the proposal form provided in accordance with the contract documents, plans and specifications as prepared by the City of Shorewood, 5755 Country Club Road, Shorewood, Minnesota 55331, which are on file with the City Clerk of the City of . Shorewood. Copies of Proposal Form Specifications for use by the contractors submitting a bid may be obtained from City Hall, City of Shorewood, 5755 Country Club Rd, Shorewood, Minnesota 55331, upon a deposit (non-refundable) of Twenty Five Dollars and No Cents ($25.00) per set. No Bids will be considered unless sealed and endorsed upon the outside wrapper, " BID FOR 2005 BITUMmOUS SEAL COATING OF STREETS" and filed with the City Clerk of the City of . Shorewood and accompanied by a bid bond or cashier's check, payable to the City of Shorewood, in the amount of 5% of the amount of the total bid, to be forfeited as liquidated damages in the event the bid is accepted and the bidder should fail to enter promptly into a written contract an furnish the required bonds. The Cities of Shorewood, Tonka Bay and Excelsior reserve the right to reject any and all bids. No bids may be withdrawn for a period of (30) days from the date of opening the bids. Date: April 11, 2005 BY: ORDER OF THE CITY COUNCIL Craig W. Dawson, City Administrator PUBLISHED IN: The "Construction Bulletin" The" Sun Sailor" April 22nd & April 29th ,2005 April 21 ST & April 28th, 2005 . 2005 Bituminous Seal Coating Exhibit A ....sf.kJta. W~f) f~~ c:!rz~:gint or Type) I/~o U/~cS/ J./rj(L- $T:' Block: Subdivision: 3/eJ! /36 , SITE Address: Lot: .3#~ 1/7-~?, OJ/ , oolll P.I.N.: MULTIPLE DOCKF ACILITY LICENSE CITY OF APPLICATION SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (952) 474-3236 PlANNING AND PROTECTIVE INSPECTIONS !\/i /\ :i d ZUlfJ OWNER . Nome' A #R87tJ 1hf',If ./~IJ 1,(/6$/ 2" P<=- . Telephone,( Address: /; 00 Ul. LIiKL. ~~ _(Street) ./, - ) S:!k>;ftttJo C.j), ,//lj . (City) (State) . . . ) 9~. t!1rL..t!>(P()O 5"~~/ (Zipcode) AGENT OR MANAGEMENT REPRESENTATIVE (if different than owner) uJt ~7:tt2 Telephone: ( .1/ t/ I VP.tJt/ ~X'~~ / S-Altt ~ (Street) Name: Address: iffl" J''S~? (City) (State) (Zipcode) NUMBER OF BOAT SLIPS (AUTHORIZED BY CONDmONAL USE pERMIT AND LMCD) 1/7 Approved: (Compliance Official) Initial Compliance: Follow-up: In signing this application, I hereby aclmowledge that I have reviewed the requirements of the Lakeshore Recreational ing District and agree to arrange for necessary ins ctions to ensure that my property complie . the Code. <.::1/ t)~ .~ T'\n+o. (Date) 1F5E ~, . 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: 7 April 2005 RE: Partial Vacation ofR.O.W. - Femcroft Drive FILE NO. Streets(Femcroft Drive) . Matthew Phillippi has proposed a small redevelopment project consisting of four existing parcels having frQntage on Femcroft Drive (see staff reports for Phillippi - Minor Subdivision and Lot Area/Width Variances). Mr. Phillippi has requested that the westerly five feet of right-of-way for Femcroft Drive be vacated in order to increase the area of proposed lots in his project. . Femcroft Drive currently has a 60-foot right-of-way, whereas Shorewood's standard for local street is only 50 feet. In past cases where the City has agreed to vacate right-of-way, the "excess" has been divided in two, with the understanding that property owners on the opposite side of the road may wish to request a similar vacation. Aside from sewer services for the subject lots, there are currently no utilities in the right- of-way. Also, the pave surface for Femcroft will still be 15 feet from the property line, leaving ample boulevard. It is worth mentioning that Mr. Phillippi's subdivision proposal will result in the City acquiring an additional 1 0 feet of drainage and utility easement for each lot, resulting in a net gain of five feet for the City for any future utility work that may be proposed for Femcroft Drive. The Planning Commission has reviewed the proposal as part of the subdivision application and voted unanimously to recommend approval. A public hearing relative to the vacation request has been scheduled for the 11 April 2005 City Council meeting. . Cc: Craig Dawson Tim Keane Larry Brown Matt Phillippi n '.oJ PRINTED ON RECYCLED PAPER :If (, A ~ . Q ~"\. CITY OF SHOREWOOD . \) ,...<r RESOLUTION NO. RESOLUTION VACATING A PORTION OF THE PUBLIC RIGHT-OF-WAY OF FERNCROFT DRIVE WHEREAS, Notice of Public Hearing on the proposed vacation of a portion ofthe public right-of-way of Femcroft Drive in the City of Shorewood, Hennepin County, Minnesota, was published in the Excelsior/Shorewood edition ofthe SUNSAILOR NEWSPAPER on the 1 ih and 24th days of March, 2005, and in the the LAKER NEWSPAPER on the 19th and 26th days of March, 2005; and WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City of Shorewood; and WHEREAS, the Council of the City of Shorewood heard all interested parties on the question of vacation at a Public Hearing on the 11th day of April, 2005, in the Council Chambers at the City Hall. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that the public right-of-way legally described in Exhibit A, attached hereto and made a part hereof, be and hereby is vacated. . BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County Offices in accordance with Minnesota Statutes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th. day of April, 2005. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK . .' . . . . . LEGAL DESCRIPTION OF PROPOSED VACATION: The West 5 feet of Femcroft Drive as platted in Minnetonka Manor, Hennepin County, Minnesota, lying between the easterly extension of the North line of Lot 8 in said Block 11 and the easterly extension of the North line ofthe South 10 feet of Lot 5 in said Block 12. EXHIBIT A '" . . . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 15 MARCH 2005 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Bailey called the meeting to order at 7:05 P.M. ROLL CALL Present: Chair Bailey; Commissioners Conley, Gniffke, Meyer, and Woodruff; Council Liaison Callies and Planning Director Nielsen Absent: Commissioners Gagne and White APPROVAL OF MINUTES · March 1,2005 Conley moved, Woodruff seconded, Approving the March 1, 2005, Planning Meeting Minutes as amended, by changing the vote on the approval of February 15, 2005, Planning Commission Meeting Minutes from "7/0" to "6/0/1, with Gniffke abstaining to absence at that meeting." Motion passed 5/0. 1. DISCUSS VARIANCE CRITERIA Director Nielsen explained the history of the variance criteria for the City of Shorewood, noting that occasionally the City received a variance application that appeared to be logical, but did not satisfy the current criteria for granting a variance. In some cases, the applicant proposed improvements that would bring the nonconformity of a property into compliance or buildings much closer to compliance with various codes than what might have presently existed on the site, however, the application did not meet the test of "hardship." To that end, the Planning Staff had suggested the possibility of modifying the criteria to allow variances in certain cases where it would be in the "public interest" to do so, where the overall result of the proposed improvements would result in substantial compliance with zoning and building codes. He noted at the last meeting the Planning Commission had requested examples of instances in the past where this proposed draft language would have impacted the outcome of the vanance. Director Nielsen then reviewed several past case examples where the application had not satisfied the test of hardship, but the public interest might have been served in granting a variance for the applicant. Discussion ensued regarding the various examples presented. Commissioner Conley stated he liked the idea of change as it allowed for flexibility in bringing noncompliant properties further into compliance than would be allowed without the amendment, however, ambiguity also had the potential to be part of the situation as a result. Commissioner Gniffke stated he thought the amendment allowed for too much ambiguity in variance situations. He thought it important to retain the variance criteria as currently presented in the Zoning Code. Chair Bailey agreed. ,; PLANNING COMMISSION MEETING MINUTES March 15, 2005 Page 2 of 4 With regard to the "public interest" portion of the draft amendment presented, Commissioner Woodruff . expressed concern that the Commission would be trying to codify something by definition that was not very precise, and as a result, would only bring additional confusion to a variance situation.. He also stated it seemed to the Commission was attempting to define something that could not be described and would have no positive action associated with it. Chair Bailey noted without a motion and second the issue. would be considered mute at the Commission level. No motion was presented. Chair Bailey thanked Director Nielsen for his presentation on this issue. Commissioner Gniffke stated he believed this issue should be reviewed annually with the Commission in addition to the annual variance review. 2. DISCUSS ZONING CODE AMENDMENT OF C-2, AUTO-ORIENTED DISTRICT . Director Nielsen explained that at its March 1, 2005 Planning Commission Meeting, the Commission continued the Public Hearing on the C-2, Auto-Oriented District, pending an amendment to rezone the one property that would fall into that classification. Director Nielsen then presented the language that would eliminate the C-2 District and related impacts to the C-3 District. He noted the most significant portion of the amendment would be the additional uses . that would pass from the C-2 District to the C-3 District, and that the amendment would also include a change in the Zoning District map, eliminating the C-2 classification and changing the zoning of the one property currently zoned C-2 to R-1C. With regard to the one property currently zoned C-2, Director Nielsen explained the business could be sold and operated as currently being done and the current use would be "grandfathered" in to the District. He clarified that the current operations could continue; however, the use could not change. (For example, the site included an auto repair business currently. That business could not change to an auto accessory .. store under the proposed amendment.) Director Nielsen also noted the current site and operations were quite restricted. Bill Kirschner, owner of the current C-2 site, questioned the need for the change in zoning for his property. Director Nielsen explained this site was addressed in the City's Comprehensive Plan through the issue of spot zoning. He went on to explain the site did not fit the requirements of a Commercial District nearby, nor did it comply with the requirements of an adjacent Residential District. As such, it was considered spot zoning and the Comprehensive Plan specifically worked to rid the City of spot zoning sites. Mr. Kirschner stated at one time the site was part of a commercial area in the Eureka Township, and he questioned why the City could not allow it to remain under its current classification until such time that he left the site or sold the business. Chair Bailey explained leaving the site in its current situation established the notion of non-perpetual use, and that was something the City did not want to establish as a precedent. . Mr. Kirshner stated he believed such action would limit his ability to sell the business as a viable building and business. Chair Bailey noted that the current business was being allowed to remain, however, he it would not be allowed to perpetuate into the future. In addition, Chair Bailey explained the very -, s . . . . . . PLANNING COMMISSION MEETING MINUTES March 15, 2005 Page 3 of 4 characteristics that made the site commercial, such as traffic, hours of operation, and noise were not the characteristics of a residential property. He went on to state zoning districts were established for good planning purposes within each municipality and this site should be designated as a residential property in the future. Mr. Kirshner stated he agreed with the rationale being presented, however, he believed this action would change his ability to move forward with his business and would limit the marketability of the site should he wish to sell his business. He also questioned how the City would compensate him for this loss of marketability for the site and his business in the future. Chair Bailey suggested Mr. Kirshner attend the Public Hearing on this matter as part of the April 5, 2005, Planning Commission Meeting for further information on this topic. 3. REVIEW COMPREHENSIVE PLAN SUMMARIES Director Nielsen reviewed summaries for the land use and natural environment chapters slated for inclusion in the Comprehensive Plan. Discussion ensued regarding the proposed changes to the summaries. Specific changes were noted to Items 6 and 7 in the Land Use Chapter Summary. Director Nielsen stated he would refine the language presented in this summary and would return this item to the Planning Commission for further discussion and consideration. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. DRAFT NEXT MEETING AGENDA Director Nielsen stated there would be a Discussion on the C-2, Auto-Oriented Zoning District, three public hearings related to two requests for Conditional Use Permits, and Consideration of Rezoning for the C-2, Auto-Oriented Zoning District, as well as a Sketch Plan Review slated for the AprilS, 2005, Planning Commission Agenda. 6. REPORTS · Liaison to Council Commissioner Gniffke reported on matters considered and actions taken at the March 14, 2005, Regular City Council Meeting (as detailed in the minutes of that meeting). · SLUC Director Nielsen noted there was a meeting of the Sensible Lane Use Coalition slated for March 28,2005, at the DoubleTree Park Place Hotel in St. Louis Park, Minnesota from 11 :30 AM to 1 :30 PM on the topic titled Public Good versus Regulatory Abuses. · Other No other information was presented. PLANNING COMMISSION MEETING MINUTES March 15, 2005 Page 4 of 4 7. ADJOURNMENT Gniffke moved, Meyer seconded, Adjourning the March 15, 2005, Planning Commission Meeting at 8:28 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED. Sally Keefe Recording Secretary (' , . . . . . 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 . FROM: Brad Nielsen DATE: 24 February 2005 RE: Phillippi, Matt - Revised Subdivision and Variance Request . FILE NO. 405(04.31 ) . Last November the Planning Commission considered a redevelopment project proposed by Matt Phillippi (see attached staff report, dated 10 November 2004). The Commission recommended against the variances that were being requested, due to lack of hardship. Mr. Phillippi subsequently requested that his application not be forwarded to the Council until the Planning Commission had reviewed a possible change to the criteria for considering variances. Although the Planning Commission has not acted on a proposed amendment to that effect (it has been continued to the March study session), staff had committed to Mr. Phillippi that a revised plan would be scheduled for review at the 1 March meeting. The revised plan is attached as Exhibit A. The main change is that all of the subject lots would be divided so as to have uniform 70-foot widths. In addition to the nonconformities that would be eliminated or reduced from the original application, the existing home between proposed Lots C and D would have its garage on its own lot and the existing lot would be increased from 50 feet in width to 70 feet. This revised proposal will be discussed in greater detail at Tuesday night's meeting. . Cc: Paula Callies Matt Phillippi ,,, ~~ PRINTED ON RECYCLED PAPER :# 8. A. J\J: ~~:~:/~ ~ . .. //4V~'I(1~ (0&L~ ~ 4~ tj, ~ Q __~-~-----~ OQO ~ 3 /1.-1 .l.H-ar II ~ ' ..... t - ~ ,j.'".l ~ ~ _ -~I - ..._~. ~o.:l Dl'iv ~ .a ~ .s" ..,- #-~ .. 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L .. ... - . ~~ '. .-. ~ 'L ~ Ii'''' 7......~ I .,." ,~-r "'-" ~~ ~tz:.,.~ I , ~~ 'I l): l ~ /-\~ \ J 1("1 I J I 1"V oj ~ !' I "~I I. , o;~ 0 I ~ : . 5' ,ZZh ~ ~I I I l. r'-........! 1 ~~ I I ~r~ I ! ~ I I I.. I ~ ! .0 I I .:::C ~ J I 0 0 _.1 I a a I t- ~. I el . , ~l I \1 . ~: . C! I g ! ~I 1 I ~ _ - I or- I ) ~ N~~ ~ I ICDJ g J I!!..i_ I r ~ . U I l ~"g !" 1m ~ o.t ! i ~ ,/ -~ · . ~~< ..a ci. 1 7 1 .-!. 1 '" '" _-a '1"-. . ""\ 1. 0 .( -':. :P ~ . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 0 (952) 474-3236 FAX (952) 474-0128 0 www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 10 November 2004 RE: Phillippi, Matthew - Minor Subdivisions and Lot Area/Width Variances . FILE NO.: 405 (04.31) BACKGROUND . Mr. Matthew Phillippi has acquired three parcels of property, located at 4880 and 4890 Femcroft Drive and 21155 Minnetonka Boulevard (see Site Location map and Existing Parcels - Exhibits A and B, respectively, attached). He proposes to resubdivide the three parcels into five lots as shown on Exhibit C. Mr. Phillippi's proposal involves two minor subdivisions with lot area variances on three of the lots. Additionally, Mr. Phillippi requests that five feet of the right-of-way for Femcroft Drive be vacated. The subject properties are zoned R-1D/S, Single-Family ResidentiallShoreland. Parcell consists of two previously platted lots and one-half of a vacated right-of-way. This parcel contains 19,251 square feet of area and is occupied by a single-familydwelling and a detached garage. Parcel 2 contains 9874 square feet and is vacant, except for the garage of the property to the south that encroaches onto the parcel by approximately 17 feet. The owner of the garage has agreed to remove it, and Mr. Phillippe has agreed to convey a driveway easement across Parcel 2 (Lot C) to access a future garage at the rear ofthat lot. Parcel 3 contains 18,138 square feet and is occupied by a nonconforming two- family dwelling and a detached garage that is located too close to Ferncroft Drive. . Zoning and land use surrounding the properties in question is primarily R -1 D/S, developed as single-family residential. The exception to this pattern is the old Kuemple ft ~~ PRINTED ON RECYCLED PAPER . . . . . Memorandum Re: Phillippi Minor Division and Variances 10 November 2004 Chime Clock property, lying west of Parcel 3. This property is zoned R-C, Residential Commercial. The building is occupied by a woodworking shop and offices. As proposed, Parcel A will have 80 feet of width but will require an area variance of approximately 367 square feet. lfthe five feet of Ferncroft Drive is vacated, Parcel B will have 10,018 square feet and 80 feet of width. LotC will be 80 feet wide and will contain 10,274 square feet of area. The applicant proposes to remove the nonforming two-family dwelling and garage on Parcel 3 and divide it into two single-family residential lots, both 70 feet wide. Lot D will have 9366 square feet, while Lot E will have 9572 square feet of area. ANAL YSIS/RECOMMENDATION The area originally platted as Minnetonka Manor is characterized by small lots, many of which were only 50 feet in width and as small as 7000 square feet in area. Over the years, many of the lots have been combined and reconfigured. Nevertheless, 50-foot wide lots, smaller than 10,000 square feet remain scattered throughout "the Manor". From this perspective, the proposed lots are not considered to be out of character with the area. The applicant's proposal is based more on a "trade-off', that is, eliminating several nonconformitiesin exchange for variances on three lots, than hardship. The proposed improvements include the removal of a nonconforming use - the two-family dwelling, removal of a garage that does not comply with setbacks, and correction of the garage encroachment from the neighboring lot. Also, if the variances are to be favorably considered, the garage on Lot A, should be required to be moved into conformity with rear yard setback requirements or removed. It may be worth noting that, if the applicant's proposal is viewed as a small redevelopment project, the average lot area for the five lots would be 9773 square feet, where 10,000 square feet is required. The average lot width would be 76 feet, where 75 feet is required. . lfthe Planning Commission and City Council feel that the applicant's proposal has merit, any approval should include the following conditions: 1. The garage on Lot A must be brought into conformity with R-1D setback requirements. A letter of credit or cash escrow sufficient to guarantee compliance should be required prior to release of the resolution approving the division. 2. Assuming it will take some time to remove the existing two-family dwelling and garage, a letter of credit or cash escrow sufficient to guarantee the removal within six months should be required. The applicant should provide bids for this work so that the escrow can be determined. -2- . . . . . Memorandum Re: Phillippi Minor Division and Variances 10 November 2004 3. The encroaching garage must be removed within six months. Again, an escrow must be provided. 4. The applicant must provide a copy of the driveway easement across Lot C, suitable for recording. 5. The applicant must provide deeds for the drainage and utility easements on each of the new lots. 6.. The applicant must provide title opinions or title commitments for all of the subject properties for review by the City Attorney. 7. The deeds, title opinions and bids referenced in 1-5 above must be submitted within 30 clays of the Council's approval of the request. The escrows for 1.5 times the amount of the bids must be submitted within 60 days, at which time the resolutions and deeds must be recorded with Hennepin County. 8. Prior to release of the Council resolution approving the request, the applicant must pay park dedication fees ($1500 per lot) and local sanitary sewer charges ($1200 per lot) for the two newly created lots. Credit is allowed for the three existing parcels. 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" .c. ~ ~ ~ ~~ - I i!i , ~ u en . ~ ~ Cl "'- '" . >t.1 "r. " <: - ..... ~ ~~ '" ....e 'J' B >s- a- c= c:.;) ...... --I - La.. .. . . . . . . . . . f. i.'..l..... [' c.~.."." f..'f\~. f.'".f'~ "'l"...rJfI . . ;j' ........ '1 11 11 g'Wll ~j 'J ,~ t,:o, '>t: .' r ". '''U I am very much in favor of Matt's two subdivisions. Matt is willing to remove a duplex and his garages in return for small variances. I believe that this would be an improvement to the neighborhood. Also knowing Matt personally for the majority of our lifetimes, and his being a longtime Shorewood resident that I'm confident that these considerations will be of benefit to both the community and the city. Bob Quinn /J ." ~ . (i' . ' / j (,01/ ( J h _, {/ /)t, ,d' 'Y~ Tim Quinn .~~~ 21200 Minnetonka Blvd Greenwood NOIf 1 ' 2004 . . . . . FILE COpy Nov 12, 2004 City of Shorewood c/o Planning Dept. 5755 Country Club Rd. Shorewood, MN 55331 Dear Planning Commission Members, I am responding to the written notice for Public Hearing held Tuesday, Nov. 16,2004 at 7 :00 P.M. on the lot-size variances at the properties of21155 Minnetonka Blvd and 4900 Ferncroft Dr.. I am in favor of the subdivisions for both properties and realignment of the properties lines. This area of Shore wood has several small lots under 10,000 square feet. Many of the lots on the east end ofFerncroft Dr have had new houses built and others have been remodeled in the last few years. The same type of development has happen on Minnetonka Blvd where the other subdivision is located. Mr. Phillippi had grown up in the same neighborhood and has owned these properties for several years. If any improvements to the properties would enhance the neighborhood for further development. ~~~- Cli er R. Jorgenson 49 5 St. Albans Bay Rd. Shorewood, MN 55331 Home phone 952-474-3694 . TO:Mr. Bradley J. Nielsen Planning Director C/O Planning Dept. 5755 Country Club Road Shorewood, MN 55331 filE C"i~mnl'~'/!II ,. r:' [.~. ;:.....' c-_, i'.':::L:::JJ l, \~~:eY "'~w' i ('......,....-.... .~. . ~l ~ . ~ l ,J n i j !' i. FROM:Mr. Matthew Phillippi 21155 Minnetonka Blvd 4900 Ferncroft Drive Shorewood, MN 55331 r. I "'.'.' ,'.'." ..";". <CI'V' \!./ '- ~ , ~ ""', :, ~",' ...... '. :: I/, . " ~ ....', , , '. '",_',~-_...:o ,~1"-lf'...''''.'.' ,,"' "., .......:.a;. ,,-<' ~..... _~ "'~. ...."e.. Date:l0 November 2004 Mr. Nielsen: . We own property legally described as: Lot 1, Block 11, in Minnetonka Manor . . . We plan to build a house on this lot. As property owners, we are in favor of the duplex at ,1900 Ferncroft being burned down by the fire department. Two houses will be built to replace the duplex. Initially, the duplex was (technically) built on 2 separate lots. The two new houses wouid be a big improvement over the existing duplex, which is over 100 years old and too dilapidated to justify required monetary improvements. ' Two, new single- family residential homes that would be built on the lot at 2155 Minnetonka Blvd would improve the neighborhood, and increase the property value of the homes in the area. We understand that there are 50- foot lots in Minnetonka Manor, so sub- dividing both parcels intQ.larger, single- family residential lots would not be a problem. We request your approval of this planned development. Thank You. Best Regards, ~Ll4:f-kJ DonaA." Tibb. SiJf Lt · .. , Dennis L. Tibbs ,,,,-. (r;v J '- G rl\ s-'~ If) \ V\) 'Q ~ ~ '-,-; , _ I \ ~ J ~.~~v~JS~~~ ~J ~: ~~~ '!if1~~ J' ~J .', ~v.~ ~ ~' ~'V ~ \'C~ .,~p~ ~ ~ \ Vi' " .. r-...'-.. , l ~ I ~ ~ J ' J ~ ,~'.. J J ~.'t,f','. ~.~ ~ .]" ~(~{.'\ ~, .~- ~~~~~&,> V'J , . ~~~4 v\)-~. Q ~l ,lJ ~. . .... ... . . . . . , --1 r"./ " / .~ "', 'i - c.:r . .() (' ~~' ,r ,j ) .1 - .~ . . !." / ,', / It;;l )Jlll( (cII]/li J.5 5' It'lt / j :L:~7 1i/f';P; fri/! 1,7 11411 ,PIII/fi)p; '(, ,I I ,';' 0' j" v' J'l/"/r' ,1 t.. I't-l /i'v r I -t- , "rl t/ .' J."t.4/, I"'" /":; ,,,l.l. . v /' . ~ /J /5 '~/" .,;.7\ "v' (. ~>:lj. a ; tI~ :t/fl/15 ~ L ?///J Ii; f;rcl' "i J;-rf) .fJ,}t/II~;l/"'lf {ffC't' ;:-~r/Ic.Nf!1 1'- ,;,<./1.5'5' ;(f/r4' /3/rc!) J' /3e /",/1 e t lilfS,' S 4. u/;'v f: C';f., It' ;; / J:e /1/'1'/'1 f/le At'! d /;'6'1 ,;CI' ,:-I .7 / ,1;lQ/'frS' /-. )t~1' f/rl~ fft, ,." .,~V .~~.. ~.. ,,/",/1' _. I . ".,.', ,- [..a/J&' /.... 0,,:7'* .,.:/ ~J().5S ;Tv! /'q/le L"'I/p I" t!"' Jt/ " p (I )tJ1;./""/2 ,) .J ).0 jy ( . . . . . RECEIVED City of Shorewood 5755 Country Club Road Shorewood Mn 55331 JAN 2 8 2005 1/28/05 C'TY OF SHOREWOOD To whom it may concern, This letter is in regards to the proposed subdivision(s) by Mathew Phillippi. As a adjacent landowner I am favor of the proposal, it would bring continuity to the lot sizes, remove ) the nonconforming run down duplex and the two non-conforming garages, Ted Hanna ..... -- . . . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, NOVEMBER 16, 2004 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Bailey called the meeting to order at 7:00 P.M. Present: Chair Bailey; Commissioners Conley, Gagne, Gniffke, Meyer, Packard and White; and Planning Director Nielsen Absent: Council Liaison Garfunkel APPROVAL OF MINUTES · October 19, 2004 Gagne moved, Packard seconded, approving the October 19, 2004, Planning Commission Meeting Minutes as presented. Motion passed 6/0/1, with Meyer abstaining due to absence at that meeting. 1. 7:00 P.M. PUBLIC HEARING - MINOR SUBDMSIONS AND LOT SIZE VARIANCES Applicant: Matthew Phillippi Location: 21155 Minnetonka Boulevard and 4900 Ferncroft Drive Chair Bailey opened the Public Hearing at 7:02 P.M. He then explained the procedures utilized in a Public Hearing, noting cases heard this evening would be placed on the November 22, 2004 Regular City Council Meeting Agenda for further discussion and consideration. Director Nielsen explained the history of the case noting the applicant had acquired three parcels of property, located at 4880 and 4890 Ferncroft Drive and 21155 Minnetonka Boulevard. The applicant proposed resubdividing the three parcels into five lots. The applicant's proposal involved two minor subdivisions with lot area variances on three of the lots. Additionally, the applicant requested that five feet of the right-of-way for Ferncroft Drive be vacated. The subject properties were zoned R-ID/S, Single-Family Residential/Shore land. Parcell consisted of two previously platted lots and one-half of a vacated right-of-way. This parcel contained 19,251 square feet of area and was occupied by a single-family dwelling and a detached garage. Parcel 2 contained 9874 square feet and was vacant, except for the garage of the property to the south that encroached onto the parcel by approximately 17 feet Parcel 3 contained 18,138 square feet and was occupied by a nonconforming two-family dwelling and a detached garage located within setback areas to Ferncroft Drive. Director Nielsen went on to explain the zoning and land use surrounding the properties in question was primarily R-ID/S, developed as single-family residential. The exception to this pattern was the old Kuemple Chime Clock property, lying west of Parcel 3. This property was zoned R-C, Residential Commercial, and the building was occupied by a woodworking shop and offices. As proposed, Parcel A would have 80 feet of width but would require an area variance of approximately 367 square feet. If the five feet of Ferncroft Drive was vacated, Parcel B would then have 10,018 square feet and 80 feet of width. Lot C would be 80 feet wide and would contain 10,274 square feet of area. The applicant proposed removing the nonconforming two-family dwelling and garage on Parcel 3 and dividing it into two single-family residential lots, both 70 feet wide. Lot D would have 9366 square feet, while Lot E would then have 9572 square feet of area. . . . . . PLANNING COMMISSION MEETING MINUTES November 16,2004 Page 2of7 With regard to analysis of the case, Director Nielsen explained this area, originally platted as Minnetonka Manor, was characterized by small lots, many of which were only 50 feet in width and as small as 7000 square feet in area. Over the years, many of the lots had been combined and reconfigured. Nevertheless, 50-foot wide lots, smaller than 10,000 square feet remained scattered throughout "the Manor". From this perspective, the proposed lots were not considered to be out of character with the area. Director Nielsen stated the applicant's proposal was based more on a "trade-off' than hardship, thereby eliminating several nonconformities in exchange for variances on three lots. The proposed improvements included the removal of a nonconforming use - the two-family dwelling, removal of a garage that did not comply with setbacks, and correction of the garage encroachment from the neighboring lot. Also, if the variances were to be favorably considered, the garage on Lot A, should be required to be moved into conformity with rear yard setback requirements or removed. He also stated it might be worth noting that, if the applicant's proposal were to be viewed as a small redevelopment project, the average lot area for the five lots would be 9773 square feet, where 10,000 square feet was required. Similarly, the average lot width would be 76 feet, where 75 feet was required. Director Nielsen also noted that any approval should include the following conditions: 1. The garage on Lot A must be brought into conformity with R-ID setback requirements. A letter of credit or cash escrow sufficient to guarantee compliance should be required prior to release of the resolution approving the division. 2. Assuming it will take some time to remove the existing two-family dwelling and garage, a letter of credit or cash escrow sufficient to guarantee the removal within six months should be required. The applicant should provide bids for this work so that the escrow can be determined. 3. The encroaching garage must be removed within six months. Again, an escrow must be provided. 4. The applicant must provide a copy of the driveway easement across Lot C, suitable for recording. 5. The applicant must provide deeds for the drainage and utility easements on each of the new lots. 6. The applicant must provide title opinions or title commitments for all of the subject properties for review by the City Attorney. 7. The deeds, title opinions and bids referenced in 1-5 above must be submitted within 30 days of the Council's approval of the request. The escrows for 1.5 times the amount of the bids must be submitted within 60 days, at which time the resolutions and deeds must be recorded with Hennepin County. 8. Prior to release of the Council resolution approving the request, the applicant must pay park dedication fees ($1500 per lot) and local sanitary sewer charges ($1200 per lot) for the two newly created lots. Credit is allowed for the three existing parcels. Matthew Phillippi, 21155 Minnetonka Boulevard and 4900 Ferncroft Drive, stated he agreed with the analysis of the case as presented by Director Nielsen with one exception. He stated Lot C had been sold with a twenty foot easement recorded with Hennepin County. He also stated there was a mortgage on the property and the mortgage company would not allow the garage to be removed. He went on to explain he had contacted the Excelsior Fire District regarding controlled burns on two of the properties. He stated . . . . . PLANNING COMMISSION MEETING MINUTES November 16, 2004 Page 3 of7 he thought the variance would benefit the neighborhood in allowing him to get rid of the nonconforming duplex currently in existence. He stated he thought this request a good opportunity with a small variance that would benefit many in the neighborhood. Ted Hanna, 4920 Ferncroft Lane, stated he thought the request for variance would allow good actions to take place in that area. In addition, he stated he wanted to tear down the structures on his property to the south in a similar manner in the future. He stated he was in support of this project. Arvid Dahlman, 4815 Ferncroft Lane, stated he use to live at 4830 Ferncroft Lane, and at one time had requested the City allow him to partake in a similar action on that property. The City had denied the request, and thus, he had moved. He stated he did not understand why if a person had this many lots, he would be allowed to further subdivide them for any purpose. Chet Blakowiak, 4860 Ferncroft Lane, stated he was concerned for the drainage in that area, and questioned whether this proposal would affect that drainage negatively. Director Nielsen stated any drainage issues remaining on the lots would be corrected as part of any construction that might take place. Mr. Blakowiak stated when the lots were regraded for any construction, he would remain skeptical that the water would be restricted. Chair Bailey closed the Public Testimony portion ofthe Public Hearing at 7:23 P.M. Commissioner White questioned the ownership of the middle lot between proposed Lots C and D. Mr. Phillippi stated he was the present owner, however, there was a sale pending on that lot to include the house and the garage. Mr. Phillippi also explained he had granted a twenty foot easement on Lot C for the encroaching garage, as well as an additional three feet beyond it in order to allow people to handle maintenance issues with the garage as needed. In response to Commissioner Packard's question, Director Nielsen stated the any proposed house would be approximately five feet away from the garage. He also explained that technically an easement would not decrease the buildable restrictions associated with these lots. Commissioner Conley stated he thought the garage issue seemed contrary to the intent of City regulations for cases such as this one. He went on to explain that the end result of the subdivisions would result in smaller lot sizes with approximately 10-12 feet between structures should the lots try to be equalized due to the garage on Lot C. He stated this entire idea seemed to be contrary to the ordinance governing the zoning district for these sites. Commissioner Packard stated she was seeing the trade off concept without any hardship in this case. She also stated she did not see any improvement for the case with the Lot C and garage issue. Commissioner White stated she thought as long as the lots were being split it was important to bring them all into compliance and she did not see this being accomplished. Mr. Phillippi stated he was willing to have the lot width proposed at 70 feet, however, Director Nielsen has suggested that not be the case. In response to Commissioner Conley's question, Director Nielsen stated it appeared that with the exception of refinancing the mortgage, the mortgage company would simply not allow the garage to be moved or torn down. Chair Bailey allowed additional testimony from Mr. Hanna, who stated he thought to remove the garage and add an additional driveway would create additional hardcover in the area, not less as was desired by the City. . . . . . PLANNING COMMISSION MEETING MINUTES November 16,2004 Page 4 of7 Commissioner Gniffke stated, initially he thought the request would clean up many non-conformities in that area, however, the lack of ability for garage removal posed a problem. He stated he also was aware of the tradeoff in this case without understanding the hardship. Further, he thought there would be additional complications with attempting to reduce the lot sizes and moving the garage on Lot C. Chair Bailey stated he believed this request did not meet the variance criteria of hardship, as the request issues seemed primarily economic in nature. He stated the removal of the garage was tied to economic conditions, and he thought Lot D and E could be one lot, not two. Packard moved, Gagne seconded, Recommending Denial of Minor Subdivisions and Lot Size Variances for Matthew Phillippi, 21155 Minnetonka Boulevard and 4900 Ferncroft Drive. Motion passed 7/0. Chair Bailey closed the Public Hearing at 7:34 P.M. . . . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES March 1,2005 Page 4 of5 5. MINOR SUBDIVISIONS AND LOT SIZE VARIANCES (Reconsideration) Applicant: Matthew Phillippi Location: 21155 Minnetonka Blvd. and 4900 Ferncroft Drive Director Nielsen reviewed the history of this matter, noting this matter had been considered in November of 2004, with the Commission recommending against the variances that were being requested due to lack of hardship. With the understanding that there might be a possible change to the variance criteria, the applicant had requested his application not be forwarded to Council for consideration until the Commission had reviewed a possible change to the criteria for considering variances. Although the Commission had not acted on a proposed amendment to that effect, Staff had committed to the applicant that a revised plan would be scheduled for review at this meeting. Director Nielsen then briefly summarized the revisions to the original plan. He stated the subject lots would be divided to have uniform 70-foot widths. In addition to the nonconformities that would be eliminated or reduced from the original application, the existing house between Lots C and D would have its garage on its respective lot, and the existing lot would be increased from 50 feet in width to 70 feet. With regard to the previous Staff recommendations on this matter, Director Nielsen stated all recommendations were the same with the exception of an increase in park dedication fees as per the ordinance amendment earlier in 2005. He also noted the applicant was present this evening and wished to have the Commission provide feedback on this request. Matt Phillippi, owner of the properties located at 21155 Minnetonka Boulevard and 4900 Femcroft Drive, stated he was trying to "clean up" the neighborhood with his request and he had invested a great deal of time and money to that effect. In addition, he stated if the City would not agree to the proposed subdivision, he would be forced to upgrade the existing duplex located on the property, and this was something he did not want to have to do. Mr. Phillippi stated it was his intent to have the duplex utilized in a live bum scenario with the Excelsior Fire District. He thought the entire request would provide a benefit to the community and he thought it was a good chance to resolve issues of nonconformity as well. He stated the existing house had a pending offer of sale upon it, and he noted a sewer stub had been recorded with proposed Lots A and B. He further noted the beauty of the property and stated he wished to maintain that beauty in the area. Discussion ensued by the Commission regarding clarification of lot lines and other options for subdivision. Commissioner Conley questioned the setback issues related to the garage on Lot F. Director Nielsen stated it would remain nonconforming at five feet, but with the current proposal would be on its own lot. Commissioner White stated she thought the current proposal was improved over the original and while the lots were smaller, they would be larger than some. existing lots in the area. Commissioner Gagne agreed. Chair Bailey stated he had given a great deal of thought to the existing criteria as it related to this request. He stated he thought the request was clearly economic in nature; however, the current proposal presented was the closest he had seen to resolving the problems in that neighborhood. Commissioner Guiffke agreed. Commissioner Meyer stated he also agreed with Chair Bailey's comments, noting while it was a great way to cure the problems, he remained uncertain of the hardship. He stated he believed this was an example of a case whereby granting a variance was better than not granting the variance. P! . . . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES March 1,2005 Page 5 of 5 Commissioner Gniffre stated he thought the proposed properties had been optimized as presented, and he agreed with Commissioner Meyer's comments Conley moved, White seconded, Recommending Approval of the Revised Minor Subdivision and Lot line Variances, subject to Staff Recommendations as detailed in a Staff memorandum, dated November 10, 2004. Without objection from the seconder, the maker of the motion amended the motion to include the Staff recommendations dated November 10, 2004, with the exception of Line Items 3 and 4, and increased park dedication fees per City ordinance. Motion passed 7/0. . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY AND LOT WIDTH AND AREA VARIANCES FOR MATTHEW PHILLIPPI WHEREAS, Matthew Phillippi (Applicant) has an interest in certain real property in the City of Shorewood, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for a subdivision of said real property into six parcels legally described in Exhibit B and illustrated in Exhibit C, both attached hereto and made a part hereof; and . WHEREAS, the Applicant has 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 Applicant has applied for variances for lot width and area on the six proposed lots; and . WHEREAS, the Applicant's request was reviewed by the City Planner, whose recommendations are included in memoranda, dated 10 November 2004 and 24 February 2005, copies of which are 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 16 November 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 11 April 2005, at which time the Planner's memoranda and the Planning Commission's recommendations were reviewed and comments were heard by the Council from the Applicant and from the City staff; and NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Shorewood as follows: FINDINGS OF FACT 1. The subject property contains 55,425 square feet ofland and is located in an R-ID/S, Single-Family Residential/Shoreland zoning district. . 2. The applicant proposes to subdivide the property as described in Exhibit B and illustrated in Exhibit C. -1- 1f g A . . . . . 3. The existing southerly parcel is occupied by a nonconforming two-family residential dwelling and a garage that does not comply with R-ID/S setbacks. 4. The existing Lot 2, Block 11 is only 50 feet in width and the garage encroaches onto Lot 3, Block 11 by approximately 17 feet. 5. The existing right-of-way for Femcroft Drive is 60 feet in width, whereas the City standard for local streets is 50 feet. The City has agreed to vacate the easterly five feet ofFemcroft drive adjoining the subject property. 6. The proposed lots will be a uniform 70 feet in width and will average 9238 square feet in area. CONCLUSIONS 1. The Applicant has satisfied the criteria for the grant of a variance under the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes. 2. Based upon the foregoing, the City Council hereby grants lot width and area variances to the Applicant, subject to the conditions set forth in 3., below. 3. The real property legally described herein is approved for division into six parcels, legally described in Exhibit B and illustrated in Exhibit C, subject to the following conditions: a. The existing garage on Parcel A shall be brought into conformity with R-ID/S setback requirements by 31 July 2005. b. The existing two-family dwelling and its nonconforming garage on the existing southerly parcel shall be removed from the site by 31 July 2005. c. The Applicant shall provide estimates for the work referenced in a. and b., above, from which the City shall require a letter of credit for one and one-halftimes the amount of the estimate to ensure that the required work is_ done within the time prescribed. d. Sewer services for Parcels B, and E shall be installed, at the owners' expense, at the time the future owners of those parcels build homes on the lots. e. Prior to release of this resolution, the Applicant shall pay park dedication fees for four lots ($8000). Credit has been given for the two lots with existing homes that will remain. -2- . f. Prior to release of this resolution, the Applicant shall pay local sanitary sewer charges for four lots ($4800). Credit has been given for the two lots with existing homes that will remain. 5. 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. 6. 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 11 th day of March 2005. . ATTEST: WOODY LOVE, MAYOR . CRAIG DAWSON, CITY ADMINISTRATOR/CLERK . . -3- . EXISTING LEGAL DESCRIPTION: Lots 8 and 9, including Y2 of vacated street, Block 12, Lot 1, including Y2 of vacated street, Block II; Lot 2, Block 11; Lots 3 and 4, and that part of Lot 5 lying North of the South 10 feet thereof, Block 11, all in the plat of Minnetonka Manor, Hennepin County, Minnesota, together with that part of the West 5 feet of Femcroft Drive lying between the easterly extension of the North line of Lot 8 in said Block 11 and the easterly extension of the North line ofthe South 10 feet of Lot 5 in said Block 12. . . . . EXHIBIT A . . . . . PROPOSED LEGAL DESCRIPTIONS: LEGAL DESCRIPTION OF PARCEL "A": Lot 9, Block 12, Minnetonka Manor, Hennepin County, Minnesota and that part of the North Half of vacated Cottage Place lying between the southerly extension of the East and West lines of said Lot 9. Drainage and utility easement over, under and across the North 5 feet and the South, East and West 10 feet ofthe above described Parcel. LEGAL DESCRIPTION OF PARCEL "B": Lot 8, Block 12, Minnetonka Manor, Hennepin County, Minnesota and that part of vacated Cottage Place lying between the southerly extension of the East and West lines of said Lot 8 and lying northerly of a line 70.00 feet southerly of and parallel with the north line of said Lot 8, as measured along the east line of said Lot 8 and that part of the West 5 feet of Femcroft Drive lying between the easterly extensions of the North line of said Lot 8 and said parallel line. Drainage and utility easement over, under and across the North, South, East and West 10 feet of the above described Parcel. LEGAL DESCRIPTION OF PARCEL "C": Lot 1, except the South 20.40 feet thereof, Block 11, Minnetonka Manor, Hennepin County, Minnesota and that part of vacated Cottage Place lying between the northerly extension of the East and West lines of said Lot 1 and lying southerly of a line 70.00 feet southerly of and parallel with the north line of Lot 8, Block 12 in said Minnetonka Manor, as measured along the east line of said Lot 8 and that part of the West 5 feet of Femcroft Drive lying between the easterly extensions of said parallel line and the North line of the South 20.40 feet of said Lot 1. Drainage and utility easement over, under and across the North, South, East and West 10 feet of the above described Parcel. LEGAL DESCRIPTION OF PARCEL "D": Lot 2 and the South 20.40 feet of Lot 1, Block 11, Minnetonka Manor, Hennepin County, Minnesota, and that part of the West 5 feet of Femcroft Drive lying between the easterly extensions ofthe South line of said Lot 2 and the North line of said South 20.40 feet. Drainage and utility easement over, under and across the North 3 feet and the South, East and West 10 feet of the above described Parcel. LEGAL DESCRIPTION OF PARCEL "E": Lot 3 and the North 20 feet of Lot 4, Block 11, Minnetonka Manor, Hennepin County, Minnesota, and that part of the West 5 feet of Femcroft Drive lying between the easterly extensions of the North line of said Lot 3 and the South line of said North 20 feet. Drainage and utility easement over, under and across the North, South, East and West 10 feet of the above described Parcel. EXHIBIT B . . . . . LEGAL DESCRIPTION OF PARCEL "F": That part of Lot 5, Block 11, Minnetonka Manor, Hennepin County, Minnesota, lying North of the South 10 feet thereof; and that part of Lot 4, Block 11, Minnetonka Manor, Hennepin County, Minnesota, lying South of the North 20 feet thereof and that part of the West 5 feet of Femcroft Drive lying between the easterly extensions of the South line of the North 20 feet of said Lot 4 and the North line of the South 10 feet of said Lot 5. Drainage and utility easement over, under and across the North, South, East and West 10 feet of the above described Parcel. . . . . . ":\:J;\ 1\ ,>:,> ,.' . - f<~;~, " "\, 1 ~;(ilJ'-97~,\ ~ '\\ '\:; '::. "':i':~ ':'.~': _..: j! ~t\..\ \ !I=', \ 1,'1. ; \ l"ll Pi '.' "j, r ... i.~., \ t\ ~A' h;,., \\ \~~~~: ,'j'. ..,.,1 . \ 'I.i \\j;">>::\""", . '\\,.,'...,\_ . ~':\,~,',':" "!. 1 ,) ".~~ qf f'~:;;'" : t., ~!,:,~~~_ \1:;" f.',:.~~:~~~.~:^ \ '-,. \ I' .\ .... ~:,.J , 'a:' ,~." ';" \\ ", 'I' n \ .\, '.,'-< "\.'" "i\\'fBt'lnt:hmork' ..\~:.::, \'i;<,_,T. .~~ g~'i '",., ;~i~ i "''''\ 1:" 1& \:., ~~t. \ r\'~". \\ ?~':', ~,:/J{.::;: ~r'....' /(1 ,ti" 1f li ': (4103) 261117123 PHTLLIPPI. MAT1'HEW ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy, No, 101 Minn.tonka, MN 55345 Phon. (952) 474 7964 F.. (952) 474 8267 ) .. \1, \1. ;, \ '.:.~.-" iJ \;;';;:;il,rl ; \ .. )~ <:;:'~"),1 ,iY' It, :::l. J[ . . . \\ \\\" "~:r ' .'.'~ :;' 1 I :.' . .l ':\"':" \" 1 .. I"" \\ '.,\"'\ :! II. :r'::>., "\,.'~\;ri ii~ ,II,' \'.,'.<.' Ii I, ..,\. ',\,' ';: ; 'I I -".i 1 ~~, \ \ , ..;\.,t\j\;) ( .i ~;::'i.:_::;;:.1 [1\ 1'1 \ (::-.: .' 1'1' ".. I ,,! l,'::..:.<; I: ,~t: i,l, y'/ 10 \. riHJll.fl'!i iliY\I;:'r,~" \\(~,; \1 I,.!! :~/.:.>,ji i\ \ )')\'.1" "';;\ i.! 1lI!(,(. 'j\! ~\ H ' J h I ii;\\ \\ it.~ 21\ \ i tV!;! ... j!\tJ~~ ........ y. '''':;\ 1.<,1 I)' ir fl. .17 )\ '.', . I "., " ~. ., . ~ .1 I f'"', ,,?~.' ('\..I} Benchmark' ) <: -</'.\. I .~: 1..:: TDP ofRR ~ife well : I \~ ~p ):" \>.. !r~.~..,.fItJM.7.f'I!. \ " ':1\ I C.:>' /,::;:'. "":" )l- ,,\, /-1\::/ .,. .-c< l. 'f~~.:; \ ',> ~ " ~ ii, ~ ~,.' / , ,/ ,..th""D"he~ ',/10,1,' ~If \:' .: 11/ " , 'I '.---.---...--HilT'OI.~/Odc..t~P/dcd.... 'r! ,J' ,: :' ~ ." .'::t.:':.:.:~l. \'I,:'-..6l,/'/ /'_~:""~" \\ 1,/ r ,,'. i~, liSAk,' '.. .. ..." /.' ~ t '. .,' ~I- ii' /"'1 "~cr;;J,~..a'+11. ,.... 'I I , I' 0 7". .... /......\, ~:::;>' M . '\ 1 I ' , I .....;l"''r'' ,7,. ..,... ..' / I " , , .,' / LEGAL DESCRTPTIONO'FPARCEL"Bft: .....w.,~~.~,... I"IIIrI4 j r> \ \ \ \ ~ 1/ , " ....<..............~ \ ,.......... ~...af'1'''/ ...... ,.... Ib r;:,'I,' " I ' ,f ..".. LotS,Block 12,MinnetonkaManor. Hennepin County,Minnesotaand that part of vacated CottageP lace lying between the sol.ftl\erly . " H \ 11 \ d{ , I........ ....,"'tPT!', .-..-.... )II ~ ,........' ..:1'1,''' I ' , ,.. extension afthe East and West lines of said Lot Sand lying northerly ofa line 70,00 feet southerly of and paral1el with the north line :'.'.;.<, (~:'~.',\,~. ; I '.." \ \ \~~..'-:- :';"::"~"~'I+\-"-" "" - ~...~, --J. --;::...L,~:r:-,..' ~ '.......:t-+-.J-/.+' .... of said Lot 8, as measured along the east line of said Lot 8 and that part of the West 5 feet of Femcroft: Drive lying between the (. .; :~, _ '-',,', j: .., '.. " ,,'I '..- ........ ....' ......' ,1.. It...... -...... ",',........'./.. II.. I" I ,', , II, ~,' '\ 'i; -;-;,.' '<':;"J r \.., ... ..],~.... ....,... .....~~,.I " t '--....:....... - __'" ...' ....' ,...' ,...." ,.. 01,' t.... ,',',', easterly extensions of the North line of said Lot 8 and said parallel line. - - I '-.:> "... .: l :;-.,..., j I.: .; ~'r?':'~';> ~ ',. .....::.....:~:: ,..~-~~....: ":::::.::::_..::?~~:::............ ::::::.....:::......:...:.......::...... ::....:::: .." I ,'..,'.. ,,' ,/ :::::.D:;:~:::;~::~:d,~::~ across the North, South, East .nd ~..t 10 fcctofth. .bove d..cribed Parcel. Ii .;~.:,~,::<<l:,;\<.?;~>:: ~r: f ,1 r ,.~, J ~~ \..' "':::;:--_::::'::~-::~~'~-3~~~~::~:;~~~'~ ::~::::~~:"_-:~ 'r/~/~~~'k'~ /'. ',-: ...--- Lotl,.xc.ptth..South20.40fe.tther.of,Block.11,MmnctonkaManor,~ennepm~ounty,Mlnn..sotaandthatpart~fvacated .\ \ '\, '';:. \\), IL 'i ",II:;:';'" ~':;'';'' ~ \ ..I .----.-..-.- --.....-:,:::::.....~.-. -.:..., _..!.!;;1.-. / ~/, ;' / /S/89,J't1i ~l'r~p.-4reimlge 6: Cottag.Plac.lymgbetw..nth.north.rly..terullonofth.EastandWesthn.sofsa.dLotl.ndlymgsouthcrlyof.hn.70.00~ ...:.... '\ "';"\' '\.:\;1 ;; ...,;,': ll:: \ I'. ..n. ", -,.,_..- ....,-. ..... __..-4 " " \. . south.rlyofandp.r.n.lwithth.northlin.ofL~8,~lockI2Ins.idMinnctonkaM~r,..m....ured.l"."gth....tlineof~.id~t '~~,. ',\..\.\.:'i.<.(..iI.... \;;Y"l.'i. .S .!... \ 'i""''''''''-'-;-< ...'.n..--":'-.n_-~. ....-. _...-- ..., 'r.!J-,'!--f-f /:... '7'" ",Vii Bandth.tpartoftheW.stSfeetofF.rncroftDnvclymgbetw..nthc...tcrly..tens.onsofsa.dparan.lhne.ndth.Northhn.of~, '\ "';0 ....'. .". :.:";Y'.I ': ~ _~, '_IL_ ,/ _--_ "'-:'--"~,o..------ ..-..- 1 V:' /1 i:, ".. " South20.40~~f..idLotl. \, '''-, \ \. \~,:::,(~j::i' ;' /"';. i': \ 1""'--__-970- ---... ~_.Jl ....., ..' ~'I/Ot /:' :'~' _/ Drainage and utthtyeasementover, under and acrofistheNorth. South, East and West IOfeetofth eabovedescribed'Parcel. '~,l.. \ -\ -\ tl ".'.;1 .1 i:~l,:'''::.( '. ':'ul ......-.........1 _.......... .."'..... ................-......uu..... .......' /.11" / ,.. .... ..' " I ;c.r::==::E~~::'::~ ~~M~::~:~,.":~~\ ~\ \~r~)1!/iiliifll_ _ ..! ~ /,f:::::::~~::::=:::::::::::;::;;::::.:::........::::~ /;!V;;:~:t~q It. Drainage and utility easement over, under and across the North 3 feet and the South, East and West to feet of the above descrlb~ "{ :' \~:,; ({"'; ';,i r ~ 1 'J':::<'l !;.,-.,. '-1 r ;, ~i" 'Q, ,.'_ ..:::.':"0. .- ,..h....~.......,~...--...-97........~f ..............- \,~'~i--...~~ ~ /~I/" a"''' I. . Parcel. \\,." ~,\, ,\ ..,;.\. i.",,'['li.' .1\1,..'" .\......'.. <.;':"'1 (:;''1..:...:.--.: \:, ['0' .~: :,2Q%.t1.C'D LEGAL DESCRil'TION OF PARCEL "E": '( , :"< J i\:)!, ,/\:j !;.. .J ! \((:...:.r" 1 ~. "::::.i\! " I! J. /~I": .: " ,.~'I: Lot 3 and the North 20 feet of Lot 4, Block 11, Minnetonka Manor, Henn.pin County, MinnClIDta, and th.tpart of the WClIt S feet o~\ \\.., ". ~ ~:'. \! [ . 'll)iJ J:' 11\ V /." ,,) i',.'./ )' ~/ ,/ /./. . ... FemcroftDrive lying between the ea.'iterly extensions of the North line of said Lot 3 and the South line afsaid Nonh 20 feet .;'. "'\"~\~,..<i~ ;'~\. i:.\,"'l l; :-.t ;' i: :' "~'\ '.:~~S;>.-. . ), 1 \ ~ .' ,'~i'a..I.,'''() / / L,'''' ,r I. Drainagcand utility ca..,n.ntov.r, und.rand across th. North, South, Eastand W.st 10 fcctofth. a bov.d..cribedParccl. \:.(, ",1 '~,lJ.\1 ,Ii )!. 1\.....:' :-....1. ()(:'.';:~;..,/:-'! I "J L. .)!.....::r-7--......----T'-- . _-4f{!~~. '", ',\ ':.:;.,-. 1\.'" "';: ~ .'i, I, -I I. l "'"I. ...., .' . \ ,"'.I I \ 16- OAK Rrop. dr.GIncge de u\lIlty esmb... ~~~; ~~~~i:~~~ ~: ~~:,;;;;:;~anor, H.nnepin County, Minnesota, lying North ofth. South 10 feet th.reof; and that ';~ "..;' i,>\J Hi;;':: i'::' f fh ,:L/ i' L"!\:::- ,l/~:.>,;/..;.:,>,.\.;.~,',..',.:: :.'.....:.. , .; /- I \ ,." S " 1 '~'48" E .. " ofLot4,Blockll,Minnctonk.Manor,H.nnepinCounty,Minncsota,lyingSouthofth.North2Ofeetthcrcof.ndthatpart"f~ "'~'(".,'t!/\ ;. I"" "'l'if,":";!! :1 . ,{.i'; "I P~o drol'l"oe '" u,tlllty,..."t. W.stSfeetofFemcroftDrivclyingbetweenth..illItCrly..tellllionsofth.Southlin.ofth.North20fe.tofo.idLot4andth.N'6~ \~!:" ,....11 VV(~ri! n i!:~k.,.." '~;.\,""~: :_~ -' ,.. :..-- lincofth.SouthIOfeetofo.idLotS. .' ,.\' ,;' ., ,', ". ',. ..... I"" ., e 18" 1 Drain.ge and utilny ....ment over, und.rand across the North, South, E~" and W..t 10 feetofth. above described Parcel. ,'~:;> >\.;::.../"~;~i:::Jhd t--l Iji(;:3\~:':'I' .~/, _'''' ~.. "APLE 9 : ~6 2" LIMlTATIONS&NOTES, . ......>".,'......)\..!\~\\,.fi; i' :'\.'.i,'k'J.......'. ,. I I oc: ' 1. Showing th.I.Ilb'th .nd directi"n of boundary lines ofth. abov.l.g.1 description. The scop. of our servic.. docs!!!!! include'....>... ,._.... ""7'>.; i\\~' "J f '; \ ;! !!.\ ) I.I:'.. ]r,J..) ,../:'To' J, .,,' dcterlmining WI ?fatyou own, whmakich is .I.gth.l "!"tter. pI.~'.andch.ck th.l.g.1 dCllcrfiption with your r.cords or consult withcompetef\l.. . ..... "''':::.. i ;j'\'\.SI .1\'1' k;:\i i . \. (j'f:r ,'" . 'f ,...... "'" .-:)" ..:.... ..-Afl' " leg&. COUMC,J neces..qary,to esure atltlscorrect, thatanymatterso recQrd,sucha..;easement~,thatyouwishKhow~._on .'~""... :.:-..._ '.; ;\..,'.,...., -I~ ; ~I . '. \ .\J))'..1/!?:.:.';:;;:;;;;.;.___..- - LL _ _ _ ~..~ ~._.. ::::t::.:: the survey, have been shown. . "; . '.~ " j Il'-~'\:"( "t.. (. i :.\ '..i;/i',',;iS/ '..1 . '1': '.:.::-fC '. .'~~ 2. Sho~ing th.location of..isti~g I.mprov.menlll w. deemed important."",>. .};'(ie~ 1.1,' 11\\ ,Nk1i,f:":,,,,, ~:... . . .,-.. '..,.....< J ,J -.', 3. SettmgnewmonumentRorvenfymgold monuments to mark the corners of the property. "'"l,W'.i"lt '.\ i , 1 ~ '1~. "i;',j?};/" I ~~.' 4. Showingth. topogrdphy ofth. oltc by contour lines and spot .Icvatiom, the .1.v.tiol1llshown rel.te only to the benclunark . J ');\1 '1\ 1 .1 '... .:.: ,: \ 4~llliJii(::'"-,,, / provi~d on this survey: l!se that bencmnark and check at least one other feature shown on the map when detenniningother "l;~~:: ., i~.'., (" ; \. '~I ;,' ;.}i\-i i")'! I . ", e)C'o'attons for use on thlS Site, 111.~ill;J ) ~I\~ t lit Ai"I" tr. -.~~'.: 5. Showingyourproposeddivillionof..illtingp.rcelstofonnnewparccls. !~h' " '. . ,"\%,.1i.L';);J ..1--:;.', 6. Wh.n and if you "btain approval ofth. propoo.d division, w. will prepar.l.g.1 d.scriptions for drainage and utility ....m.llUl . .'['].1" ~". " ." i.'I!.-' Cr' \\. ~'.':')' . '. '-. around the perim.ter ofall parc.lll8nd place monumellUlat the corners of all pare.ilI. . , . \.Ie!! ~ I.. \~.\ "I l 'Y,' ~\" 7. The proposal involves vacating the West S feet of Fern croft Drive and ROme area., frontage and utility ea.~ment width \1lIian~\ \ j~)111"i:i . :' L.. \~J\,\\ \\ .\~'I'\:/::~.,'!:-:ld:.:<:';:, . \\ 1I\'ll~l\<' 1\ I' (\) ill ~ i 'i:,' <. ( STANDARD SYMBOLS & CONVENTrONS: ( ':;~,,:;, \\, '" ',\ \1 ,,":'1 . ..\:, ':.:. . ". . Donotcs 112" ID pip. with plastic plug bearing State Licens. Number 9235, set, unl.ss otherwi.. noted. \) 1,~.l:!I J v\1 i Fe" ~ II t 1,,.-,,, '< \1,' . ~~~52?=~~~~-~i'~~~(:J~~{l~1~;,~l\:~: '::r;:' , BitumlnollllDriv.w.y 20SSq.Fti/ /.' .~~.., . j" I I r~ Gar.g. 442 So!.:Ft. ..::.... J' \ . '. '. ",V TOTAL EXrSTlNG HARDCOVER 4,388Sq?Ft.,Y 1>: )\. i I ~ : !~)<:. , I ::! V AREAOFLOTTOOHW 9,633--*'(Pt. J\)~ I ,Il;:/ I' J':\, L!":::: ~..~-~ ~ % HARDCOVER 46%' 'J 'i] [;A I:, i ~ '< j : \ I :. >.. _.'\": ','), C~ ,:','.':'" l( ,.,.~ ", ...,~ . ,--.-j",,....., SURVEYFOR: MATTHEW PHILLIPPI 1'". SURVEYED: Augullt, 2004 DRAFTED: AUllllllt 24, 2004 REVISED: AUllllllt 28, 2004 to add sketch plan for disc....ion with City on August 26, 2004. REWED: August 30, 2004 .fter discullSion with cll.nt, planning to tear down some ..isting hom.s. ~ August 31, 2004 after more dillcllllsion with cli.nt, and with Brad N.ilson at City of Shorewond. ~ S.ptember 3, 2004 to show ttcC8. ~ September 22, 2004 to show hardcov.r on Tract A. ~ M.rch 16, 2005 to show ....rrang.m.nt of propos.d split .nd add ....m.nt d.scription., . ~ March 21, 2005 to show modify split description for Parc.1 F. ".;..., . ~" ),.1...: LEGAL DESCRI1'TION: ';'.,:, LOlll8 and 9, including Yo ofvscated str.et, Block 12, Lot I, including Yo of vacated street, Block II; Lot 2, Block ll; LOlll3 and 4;" and th.t part of Lot 5 lying N"rth ofth. South 10 feet thereof, Block 11,.n in the pl.tofMinnctonka Manor, H.nn.pin County, ....... Minn..ota, lDg.th.r with that part ofthc W...t 5 feetofF.mcroftDriv. lying between the easterly .Kl.nsion of the North line of'\;iii 8 in said Block 11 and the .~'ltcrly ..tcllll;on ofth. North IIn. of the South 10 feet of Lot 5 in s.id Block 12. LEGAL DESCRIPTION OF PROPOSED VACATION: Th. W.st 5 feet of F.mcroft Driv. .. platted in Minnctonka M.nor, H.nnepin County, MiM.IlOta, lying between the .~'t.rlY ..tension ofthc North lin. of Lot 8 in said Block II and the ..sterly ..ten.,ion of the North IIn. of the South 10 rc.t of Lot 5 in said '. r.... Block 12. " )" '/ LEGAL DESCRIPTION OF PARCEL "A": Lot 9, Block 12, Minnetonka Manor, H.nn.pin County, Minn.sota and th.t part of the North Half "f vac.ted Cottag. PI.ce lying. between the southerly ..tcnsion ofth. East .nd WC8lllnes of said Lot 9. ,. Drain.g. and utilny ....m.nt ov.r, under .nd acro.. the North S feet and the South, East and W.stIO feet of the .bove described.. .' Parcel. ;":.:. ~/' ,,~ /) ~ \ 1'* \ 18.1\ \ \ ~ ' 'I'el \~ \ ~ t J5,~ I~ \ ___-J ~ '~'" -,.-.\ To be. removed ...:ii.{' 'i', ,..~" - " iJ...~j':/-) ',.. ,{' 1\'J~,'Il iI' , . \ 1ft,)\, ,I \ 'r' 'C",' '.;\\,1..\.' \~., \,. ~:\ Ii 1\1" g........-.. ." "'"I,~ " ,~:~-~.~~~-:'L~-::).../ ! ;~':i}\ : f \:\ 1" I: 1,1 \ ~-- ':1 ~ Ii: :1 ,0 '1.:,-:::.----7 ~ ..............-'....--.. il.....\/~>: f.., ~ -rJi '11 t,'.'...;":~_~~', \\;" Tf~ - - ':;.;.\ (\~ ". '<'.. . :,'~'~~ ..........;,~- ..": .'....~.. il '- .J,! ) , '~ :/i.\ \\\"""1 \' ,.. \ "'~ \, \'p\ ..'..,) ,r '\ :.: ..r C1 '. .. " ( ,: .J j :."'-', l.j \ I~...."I f::~:)T/{:~.ri \'t \ ,:.... ," "r \ \.. {\C..,F} .n ":._,,/ 1/ Ii II L I d Ii ~,~~ . "~) .:\ k.. ',. .. .'1 :,r'i.l q ] ~ ,{!(t:i}_._: !i '\ I II Ii, I, ,I t:il ~ t.,.: f ".; 'l Ii 1'. d iV j' 'i' " ' I' H t1 {\,.\ \{ ~, ~.. I \ I :/21,') \ }, .(-\ i( \" I /f .~ II 1\-.:/ I' 11 .i: '_' t. r, I, j!t( i, ,I., r '1\ i; ! \ ~ 'ji. ..")\ \\ '\', ~ :' ;1 i D. EXHIBIT C . . . . . DRAINAGE AND UTILITIES EASEMENT AGREEMENT THIS DRAINAGE AND UTILITIES EASEMENT AGREEMENT (this "Agreement") is made this _ day of March, 2005, but effective as provided below, by Matthew J. Phillippi, also known as Matthew Joseph Phillippi, a single person ("Grantor"), to and in favor of the City of Shorewood, a Minnesota municipal corporation ("Grantee"), and is based on the following facts: A. Grantor is the owner of real property situated in Hennepin County, Minnesota and legally described on Exhibit "A" attached hereto and made a part hereof by this reference (the "Property") . B. The Property currently constitutes four (4) parcels ofland for purposes of real estate taxation and conveyancing. C. Grantor has applied to Grantee for vacation of a portion of Femcroft Drive adjacent to the Property and approval of a minor subdivision of the Property, the result of which will be that the Property, including the vacated portion of Femcroft Drive, will constitute six (6) parcels of land for purposes of real estate taxation and conveyancing, and that the description of the Property and the component parcels of the Property will be as shown on Exhibit "B" attached hereto and made a part hereof by this reference. D. Grantee has required, as a condition to its approval of the proposed minor subdivision of the Property, that Grantor execute and deliver this Agreement. E, Grantor wishes to induce Grantee to approve the proposed minor subdivision of the Property. NOW, THEREFORE, in consideration of the facts stated above and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor, Grantor hereby agrees as follows, for the benefit of Grantee: 1. Recitals Incorporated. The factual recitals set forth above are hereby incorporated into and made a part ofthis Agreement. EXHIBIT D 757830v2 . . . . . 2. Effective Date. This Agreement shall become effective upon the approval, by the City Council of Grantee, of the proposed subdivision of the Property into the component parcels described on Exhibit "B" attached hereto and made a part hereof by this reference. If Grantee fails to grant such approval, this Agreement shall have no force or effect. 3. Grant of Easements. Upon this Agreement becoming effective as provided in Section 1 above, Grantor hereby grants, bargains, sells and conveys to Grantee, its successors and assigns, a perpetual easement for drainage and utility purposes, including the right to enter onto and maintain the same, over, above, under and across the portions of the Property legally described on Exhibit "C" attached hereto and made a part hereof by this reference (the "Easement Area"). 4. Warranties of Grantor. Grantor warrants to Grantee that Grantor is the owner of fee title to the Property, has the lawful right and authority to convey and grant the easements pursuant to Section 2 above, and that the Easement Area is free from all encumbrances except for any encumbrance the holder of which has joined in and consented to this Agreement. GRANTOR: Matthew J. Phillippi STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of by Matthew J. Phillippi, also known as Matthew Joseph Phillipi, a single person. ,2005, Notary Public This instrument was drafted by: Moss & Barnett (JL W) A Professional Association 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-4129 -2- 757830v2 . EXHIBIT A THE PROPERTY CURRENT PARCEL DESCRIPTIONS Parcell: Property LD. 26-117-23-14-0069 Lots 8 and 9, including adjacent 12 of vacated street, Block 12, Minnetonka Manor Parcel 2: Property I.D. 26-117-23-14-0051 . Lot 1, Block 11, including adjacent Yz of vacated street, Minnetonka Manor Parcel 3: Property LD. 26-117-23-14-0052 . Lot 2, Block 11, Minnetonka Manor Parcel 4: Property LD. 26-117-23-14-0053 . Lots 3 and 4, and that part of Lot 5 lying north of the south 10 feet thereof, Block 11, Minnetonka Manor . 757830v2 . . . . . EXHIBIT B THE PROPERTY--NEW PARCEL DESCRIPTIONS PARCEL A Lot 9, Block 12, Minnetonka Manor, Hennepin County, Minnesota, and that part of the North Half of vacated Cottage Place lying between the southerly extensions of the East and West lines of said Lot 9. PARCEL B Lot 8, Block 12, Minnetonka Manor, Hennepin County, Minnesota, and that part of vacated Cottage Place lying between the southerly extensions of the East and West lines of said Lot 8 and lying northerly of a line 70.00 feet southerly of and parallel with the North line of said Lot 8, as measured along the East line of said Lot 8; and that part of the West 5 feet of Femcroft Drive lying between the easterly extensions of the North line of Lot 8 and said parallel line. PARCEL C Lot 1, except the South 20.40 feet thereof, Block 11, Minnetonka Manor, Hennepin County, Minnesota, and that part of vacated Cottage Place lying between the northerly extensions of the East and West lines of said Lot 1 and lying southerly of a line 70.00 feet southerly of and parallel with the North line of Lot 8, Block 12 in said Minnetonka Manor, as measured along the East line of said Lot 8; and that part of the West 5 feet of Femcroft Drive lying between the easterly extensions of said parallel line and the North line of the South 20.40 feet of said Lot 1. PARCEL D Lot 2, and the South 20.40 feet of Lot 1, Block 11, Minnetonka Manor, Hennepin County, Minnesota, and that part ofthe West 5 feet of Femcroft Drive lying between the easterly extensions of the South line of said Lot 2 and the North line of said South 20.40 feet. PARCEL E Lot 3, and the North 20 feet of Lot 4, Block 11, Minnetonka Manor, Hennepin County, Minnesota, and that part of the West 5 feet of Femcroft Drive lying between the easterly extensions of the North line of said Lot 3 and the South line of said North 20 feet. PARCEL F That part of Lot 5, Block 11, Minnetonka Manor, Hennepin County, Minnesota, lying North of the South 10 feet thereof; that part of Lot 4, Block 11, Minnetonka Manor, Hennepin County, Minnesota, lying South of the North 20 feet thereof; and that part of the West 5 feet ofFemcroft Drive lying between the easterly extensions of the South line of the North 20 feet of said Lot 4 and the North line of the South 10 feet of said Lot 5. 757830v2 . . . . . EXHIBIT C The Easement Area The North five (5) feet, and the South, East and West ten (10) feet, of the following described parcel: PARCEL A Lot 9, Block 12, Minnetonka Manor, Hennepin County, Minnesota, and that part of the North Half of vacated Cottage Place lying between the southerly extensions of the East and West lines of said Lot 9. The North, South, East and West ten (10) feet of each of the following described parcels: PARCEL B Lot 8, Block 12, Minnetonka Manor, Hennepin County, Minnesota, and that part of vacated Cottage Place lying between the southerly extensions ofthe East and West lines of said Lot 8 and lying northerly of a line 70.00 feet southerly of and parallel with the North line of said Lot 8, as measured along the East line of said Lot 8; and that part of the West 5 feet of Femcroft Drive lying between the easterly extensions ofthe North line of Lot 8 and said parallel line. PARCEL C Lot 1, except the South 20.40 feet thereof, Block 11, Minnetonka Manor, Hennepin County, Minnesota, and that part of vacated Cottage Place lying between the northerly extensions of the East and West lines of said Lot 1 and lying southerly of a line 70.00 feet southerly of and parallel with the North line of Lot 8, Block 12 in said Minnetonka Manor, as measured along the East line of said Lot 8; and that part of the West 5 feet of Femcroft Drive lying between the easterly extensions of said parallel line and the North line of the South 20.40 feet of said Lot 1. PARCEL E Lot 3, and the North 20 feet of Lot 4, Block 11, Minnetonka Manor, Hennepin County, Minnesota, and that part ofthe West 5 feet of Femcroft Drive lying between the easterly extensions of the North line of said Lot 3 and the South line of said North 20 feet. 757830v2 . . . . . PARCEL F That part of Lot 5, Block 11, Minnetonka Manor, Hennepin County, Minnesota, lying North ofthe South 10 feet thereof; that part of Lot 4, Block 11, Minnetonka Manor, Hennepin County, Minnesota, lying South of the North 20 feet thereof; and that part of the West 5 feet of Femcroft Drive lying between the easterly extensions of the South line of the North 20 feet of said Lot 4 and the North line of the South 10 feet of said Lot 5. The North three (3) feet, and the South, East and West ten (10) feet, of the following described parcel: PARCEL D Lot 2, and the South 20.40 feet of Lot 1, Block 11, Minnetonka Manor, Hennepin County, Minnesota, and that part of the West 5 feet of Femcroft Drive lying between the easterly extensions of the South line of said Lot 2 and the North line of said South 20.40 feet. 757830v2 .. . . . . . MORTGAGEE JOINDER AND CONSENT VICTORIA STATE BANK, a Minnesota banking corporation, the owner and holder of the following described mortgages (collectively, the "Mortgages"): (a) Mortgage, dated June 15,2004, granted by Matthew]. Phillippi, an unmarried individual, to Victoria State Bank, securing the maximum principal sum of$100,000.00, filed for record in the office of the Registrar of Titles in and for Hennepin County, Minnesota on August 5,2004 and recorded as Document No. 3999673; and (b) Mortgage, dated June 15, 2004, granted by Matthew J. Phillippi, an unmarried individual, to Victoria State Bank, securing the maximum principal sum of $30,000.00, filed for record in the office of the County Recorder in and for Hennepin County, Minnesota on July 1, 2004 and recorded as Document No. 8389324; hereby joins in and consents to the foregoing Drainage and Utility Easement Agreement, and agrees that its rights and remedies under the Mortgages shall be subject and subordinate to the easements granted pursuant to the foregoing Drainage and Utility Easement Agreement. Victoria State Bank By Its STATE OF MINNESOTA ) ) ss ) COUNTY OF The foregoing instrument was acknowledged before me this _ day of March, 2005, by , the of Victoria State Bank, a Minnesota banking corporation, on behalf of the corporation. Notary Public My Commission Expires: 757830v2 . . .... . . . 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: SUBJECT: City Council Craig W. Dawson, City AdministratorA~ April 8, 2005 U1/ 2005-2025 Capital Improvement Program, Excelsior Fire District . The Excelsior Fire District Board has passed its proposed 2005-2025 Capital Improvement Program for consideration by the councils of the five member cities. According to the joint powers agreement, any amendment (which is what an update is) to the CIP requires approval by at least two-thirds of the member cities by April 15. This timing was established so that budget planning for the following year would reflect the approved CIP. Shorewood is the fourth city council to consider the proposed CIP. The Deephaven and Excelsior city councils approved the proposed CIP on April 4, and the Greenwood city council approved it on April 5. The Tonka Bay city council will consider the proposed CIP on April 12. Attached are a narrative memorandum from the Fire Chief and the proposed CIP. Notable changes from the current CIP. are: . . Equipment costing up to $50,000 would be paid in cash, rather than using lease-purchase or equipment certificate debt. . The contributions to the Capital Improvement Fund have been revised to show more level funding from year-to-year. The amount for 2006 would be increased from $75,000 to $125,000, as planned in the current CIP.Funding would be increased to $150,000 in 2008, and remain atthat level through the balance of the CIP. . Capital maintenance for the fire stations is anticipated in the proposed CIP. RECOMMENDATION: Staff recommends that the Council approve the 2005-2025 Capital Improvement Program of the Excelsior Fire District. ~ 'w~ PRINTED ON RECYCLED PAPER =#=- 9 II- .... Excelsior Fire District 24100 Smithtown Road Shorewood, Minnesota 55331 . Chief Mark DuCharme Office 952.960.1650 Date: April!, 2005 To: Excelsior Fire District Member City Councils From: Fire Chief Mark DuCharme RE: Capital Equipment Plan . Board Members, The Capital Equipment Plan (CEP) is revised every year. After review by the Fire Board, the CEP is presented to each member City Council. Four out of five member City Councils must approve the CEP. The CEP is scheduled to be presented to member Cities each April. . With a great amount of input from Fire Officers, this year's revision include using a 20 year benchmark for certain apparatus, a departure from the idea of refurbishment of the Aerial to replacement, addition of a line item for building maintenance and a proposed change in future contributions by member Cities. The Operating Committee, made up of City Administrators, also requested that items less than $ 50,000 be proposed to be paid on a lump sum and not over a lease purchase or the use of other financing. The Administrators also suggested the addition of a Building Fund for future expenditures. The Committee has stated in the past that a preference for more level contributions be used for long term planning and an adequate reserve fund be available. . The contribution request for FY 2006 is identical to the proposed amount for FY 2006 from last year's revision. The CEP is the first step in the overall Budget for the District. The Operating Budget for FY 2006 will be presented to member Cities later this spring or summer. Benchmarking, noted earlier in this memo, was introduced to the CEP by former Board Member Doug Hill, currently the Alternate Member from Greenwood. In the FY 2005 CEP (last year's) Mr. Hill recommended the benchmarking approach with the concept that apparatus should be evaluated before the definite decision to replace it. The . . evaluation would include maintenance, usage, functionality, and technology of the vehicle. The current FY 2006 CEP proposal includes the benchmarking but on some apparatus, the life cycle has been reinstated to 20 years. As the life cycle of a vehicle approaches, Fire District staff will need to analyze all items before recommending to the Board their consideration of replacement. Engine 21 is currently deployed to the East Station. A new additional truck (Engine 22) is scheduled for fleet deployment in 2006 with payments beginning in 2007. It is the intention of the Fire District to retain Engine 21 as a second or backup Pumper Truck to serve the District. Actual replacement for this vehicle would be some time in 2008, with payments starting in 2009. . Maintenance records will be presented to the Fire Board on an annual basis. The information will include the cost of the maintenance, amount of usage in "runs", and the amount of hours used or mileage. This information will be used to review deployment and benchmarking of the vehicles. . . . FLEET REPORT Aprill, 2005 . Engine 21 is a fully equipped 1 st attack Pumper. E-21 carries 800 gallons of water. This Trailer transports the Snowmobile and other Cold Water Rescue Tools. . . -. The Haz-Mat Trailer is the newest to our fleet. The Trailer and Equipment was received from a grant. Engine 11 is a 1 st out Pumper. It carries 1,000 gal. of water and is also a foam truck. . Rescue 11 is a heavy rescue vehicle with equipment. Utility 11 answers all of our Medical calls. . " . Fire Chief and Command Car. Utility 11 tows all trailers and Hauls personnel and equipment to and from emergency and training scenes. . . Boat 12 for smaller lakes and ponds. Aerial 11 has a 65 ft ladder and foam capabilities. . Fire Marshal Vehicle Tanker 11 transports 3,000 gal of water and can pump water at 750 gpm making it a Class 1 truck. . .f . Duty Officer and Command Vehicle Boat 11 is stationed on the lake and responds with the Sheriffs Department to water emergencies on Lake Minnetonka . Rescue 21 is a multi use vehicle that responds to all types of emergencies. . . . \.. . DEPLOYMENT Aprill, 2005 . Excelsior Fire District I I I East Command West Station Two Station One Engine 21 Duty Officer Engine 11 Utility 21 Fire Marshal Aerial 11 Engine 22* Fire Chief Utility 11 Utility 12 Rescue 11 Boat 12 Water Rescue Trailer Haz Mat Trailer Boat 11 ** . . * Proposed * * On Lake Minnetonka . 4 II . . ~ Excelsior Fire District 20011 . 20211 C:apltall!qulpmlnt Plan . Original LIre AqUired__ Equipment Item Bench 2006 2006 2007 2008 2009 2010 2011 2012 2013 2014 2016 2016 2017 2018 2019 2020 2021 2022 2023 2024 2026 Cost ......... Beginning Balance 377,629 340,314 322,694 269,496 188,673 106,073 113,074 34,236 116,421 88,729 118,604 69,374 100,661 112,672 114,824 217,120 191,463 223,292 182,768 116,413 73,721 76,196 76,700 148,234 166,198 Air Pack Replaceme 103,000 16 yrs 2000 - 2000 Extraction Too 30,000 18 yrs 1996 t<liiI Upgrade Radio System 2003 .i:>:'. .1,500 1.500 1,500 ill 7,~ lYI: ,- Engine 11 327,000 20 yrs 2002 ,; Chief Auto 15,000 6yrs 2001 '-. .... ~ Fire Marshall Auto 22,000 8yrs 2001 ~ Duty Officer 32,500 8yrs 2003 ...., Utility 11 - Excursior 37,500 15 yrs 2002 I Utility 12 -PIU Truck 37,500 15 yrs 2002 I~ EiIIIt I Tanker 181,000 25 yrs 2002 . ~ ~ Heavy Rescue 116,520 20 yrs 1996 .- Engine 22 120,000 20 yrs 1986 I ~ Aerial 11 421,000 20 yrs 1998 I l Utility 21 40,000 15 yrs 2005 I Engine 21 300,000 20yrs 2009 Capital Truck Maint Ongoing 6442 31 576 27 473 , ~ ~. Building Fund 2004 Total Expenses 133,815 108,459 165,676 1~,573 161,100 119,100 206,100 69,500 122,000 211,500 110,000 140,000 50,000 180,000 122,000 195,000 221,000 194,000 150,000 150,000 80,000 170,000 Revenues 5011 Interest Income 1500 750 2,467 750 2500 2,101 2,261 685 2,308 1,775 2,370 1,187 2,011 2,251 2,296 4,342 3,829 4,466 3,655 2,308 1,474 1,504 1,534 2,965 3,124 Sale of Used Equipment - - - . . - - . - - - - - - - - . - - - - Cities Contribution 95 000 95 000 95 000 75000 75000 125 000 125 000 150 000 150 000 150 000 150 000 150 000 150 000 150 000 150 000 150 000 150 000 150 000 150 000 150 000 150 000 150 000 150 000 150 000 150 000 Total Revenues 96500 95750 102 478 75750 77 500 127 101 127261 150 685 152 308 151 775 152 370 151187 152011 152251 152298 154 342 153 829 154 466 153655 152308 151 474 151504 151.534 152 965 153 124 Year End Balance 340 314 322.694 259,496 188.673 105,073 113,074 34,236 115,421 88,729 118,504 59,374 100,561 112.572 114,824 217,120 191,463 223,292 182,758 115.413 73.721 75,196 76.700 148.234 156,19lJ 139.322 ~ 1. Interest Income estimated at 2.0% to FV 2025. 2. Equipment Inflation Approximately 3% per year. IU d lr . . r . . 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 . DATE: SUBJECT: City Council ~. Craig W. Dawson, City Administrator D(J ..- Bonnie Burton, Director of Finance ,pi; April 7, 2005 Reimbursement Resolution for City Hall Project TO: FROM: This matter has been continued from the March 14, 2005, City Council meeting. At that time, the Council had several questions regarding the purpose and timing ofthe reimbursement. . The Council must, according to federal law, take action within 60 days of the decision to begin spending funds on the project to qualify those expenses for reimbursement from bond proceeds. The proposed reimbursement resolution is simply that - to qualify expenses. It does not commit the CoUncil to issue bonds (or any particular type of bonds,) or to do the project at all. . The reimbursement resolution presented at the March 14 Council meeting stated that the City anticipated "constructing a new City Hall." A question was raised whether it was proper to state that the City anticipated "making improvements to the existing City Hall or constructing a new City Hall." Bond counsel has advised that this additional wording is appropriate, and it has been included in the proposed resolution now presented for Council consideration. As the Council acted on March 7 to authorize purchase of 5795 Country Club Road, it needs to. act by the April 25 regular Council meeting to qualify this purchase for reimbursement from bond proceeds (should bonds eventually be issued). RECOMMENDATION: Staff recommends that the City Council adopt the Resolution regarding Reimbursement from Tax-Exempt Bond Proceeds for improvements to City Hall. . n '-.1 PRINTED ON RECYCLED PAPER #98 . Suite 470 200 South Sixth Street Minneapolis MN 55402 & (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com CHARTERED MEMORANDUM TO: Craig Dawson FROM: Stephen Bubul . DATE: March 28, 2005 RE: Reimbursement Resolution . . . You asked me to explain the so-called "reimbursement resolution" related to City Hall improvements, and how that resolution relates to the acquisition of land. To explain this, I need to briefly summarize the basic rules regarding issuance of bonds and land acquisition. Generally, there is no requirement for an election before a city purchases land, so long as the purchase price is paid with cash. There is a requirement for an election before issuing bonds, so long as there is no exception provided in the statutes. The statutes provide many exceptions, so referenda are actually fairly uncommon for city bonds. What happens if land is acquired with cash from some city fund, but the city later issues a bond to reimburse that fund? If no statutory exception were available, the city would need to hold an election before issuing those bonds and using the proceeds to reimburse the fund. A related point is if the city pays for an expenditure from available funds, but later decides to reimburse that fund from proceeds of a tax-exempt bond, the city must have stated its prior intent to do so. This is a requirement imposed by federal tax regulations. If the city did not state such an intent, the city could not use the proceeds of tax-exempt bonds to reimburse the cost. Until recently, the statutes provided no exemption from the election requirement for basic city facilities such as a city hall. However, the legislature added that exemption in 2003, subject to certain terms and conditions. Now, a city may issue "capital improvement bonds" without election for a city hall, public works facility, or public safety facility, if the city follows a capital improvement plan procedure. That procedure includes the possibility of "reverse referendum," whereby an election is required if, within 30 days after a public hearing on the bonds, a petition signed by voters equal to at least 5 % of the votes cast in the last general city election, is filed with the City Clerk. (The statute imposes some other requirements, including a cap on the annual debt service for this type of bond issue.) SJB-260960vl SH230-36 As I understand the facts, the City has acquired certain land with available City funds, with the possibility that the land will be used as the site of a new or expanded city hall. The City may desire to issue bonds for such purposes, though no decisions have been made yet on any of these questions. If the City eventually decides to use the land for a city hall, and the city includes this project in a "capital improvement plan" in accordance with the statute, the cost of the land acquisition and construction could be fmanced with a capital improvement bond, issued without election (assuming no petition for an election is filed). If the city decides not to use the land for a city hall, public works facility or public safety facility, the city would not be able to issue bonds to finance this cost unless the voters approved that bond issue (or an alternative financing plan is available that does not require election). . The purpose of the ''reimbursement resolution" is two-fold: (1) to preserve the ability to reimburse any initial expenditures for a city hall project by issuing tax-exempt bonds; and (2) to preserve the . ability to reimburse the cost of land acquisition with proceeds of a capital improvement bond that may be issued without election. The resolution does not compel the City to any particular course of action. It simply states the current expectations on these points. I hope this helps explain a somewhat confusing set of rules. If you or council members have further questions, please let me know. 2 . . . . . 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 DATE: SUBJECT: City Council ~~ Craig W. Dawson, City Administrator; Ii) .' Bonnie Burton, Director of Finance ~ March 10, 2005 Reimbursement Resolution for City Hall Project - Land Purchase TO: FROM: . At its special meeting on March 7, the City Council authorized purchase of property at 5795 Country Club Road, for approximately $305,000. At the recommendation of bond counsel, a reimbursement resolution has been prepared to ensure that the costs associated with this purchase would be eligible to include with long-term "capital improvement plan bonds" to finance for City Hall improvements. . The City's current Capital Improvement Plan (CIP) shows $1.5 million planned for City Hall improvements in 2006. The proposed resolution indicates that the City Council would include in its CIP a City Hall for which it "reasonably intends... [that] tax exempt bonds to be issued in an, estimated maximum principal amount of $3,600,000." This amount reflects the $3.2 million estimate from the City Hall evaluation study plus the cost of the additional land. Adoption of the resolution does not commit the City Council to build a new City Hall or to issue $3.6 million in bonds, but provides flexibility in the final decision and makes sure that the cost for additional land is covered. The Council may amend the Reimbursement Resolution (increase or decrease) at a later date as the decision is firmed up. . For your information, is a memorandum from a public financial advisor regarding financing options for City Hall improvements is attached. The last bullet-point on page 1 discusses the new "capital improvement plan bonds", as allowed by a recent change in State law. While referenda are not required for these bonds, there is a reverse-referendum feature whereby within 30 days of the public hearing calling for the issuance of bonds, a referendum would be required upon a petition calling for a vote were submitted by at least five percent of voters in the last general election. RECOMMENDATION: Staff recommends that the Council adopt the Resolution regarding Reimbursement from Tax- Exempt Bond Proceeds for improvements to City Hall. . ,,. '-~ PRINTED ON RECYCLED PAPER . . . . . CITY OF SHOREWOOD RESOLUTION NO. 05- DECLARING THE OFFICIAL INTENT OF THE CITY OF SHOREWOOD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF TAX EXEMPT BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (the "Regulation"), that establishes the requirements under which an allocation of a portion of the proceeds of tax-exempt bonds (as defined in Section 150 of the Internal Revenue Code of 1986, as amended) to an expenditure that is originally paid from a source other than such tax-exempt bonds will be treated as an expenditure of the proceeds of such tax-exempt bonds on the date of such allocation; and WHEREAS, the Regulation requires that (i) not later than sixty (60) days after payment of the original expenditure, the issuer of the tax-exempt bonds must adopt an official intent for the original expenditure (in any reasonable form, including issuer resolution or action by an appropriate representative of the issuer or the conduit borrower), (ii) the official intent generally describes the project for which the original expenditure is paid and states the maximum principal amount of obligations expected to be issued for the project, and (iii) on the date of the declaration of official intent, the issuer must have a reasonable expectation that it will reimburse the original expenditure with proceeds of the tax-exempt bonds; and WHEREAS, the original expenditure must be a capital expenditure or a cost of issuance for the tax-exempt bonds, and the reimbursement allocation (except with respect to costs of issuance, amounts not in excess of the lesser of $100,000 or five percent of the proceeds of the tax-exempt bonds, and preliminary expenditures (as defined in the Regulation) not in excess of twenty percent of the aggregate issue price of the tax-exempt bonds) must be made not later than eighteen months after the later of (i) the date the original expenditure is paid, or (ii) the date the project is placed in service or abandoned, but in no event more than three years after the original expenditure is paid or three years after the date the original expenditure is paid if the City qualifies as a "small issuer" pursuant to Section 148(f)(4)(D)(i) of the Internal Revenue Code of 1986, as amended; and WHEREAS, the City of Shorewood (the "City") proposes to purchase certain land adjacent to the current City Hall (the "Project") in anticipation of making improvements to the existing City Hall or constructing a new City Hall on the acquired land pursuant to a capital improvement plan proposed to be approved by the City Council later this year (the "Capital Improvement Plan"); and WHEREAS, the City expects to incur certain expenditures with respect to the Project and such expenditures may be financed temporarily from sources other than tax-exempt bonds; and 260221(JAE) SH230-00036 WHEREAS, the City expects to reimburse the expenditures with respect to the Project . from a portion of the proceeds of tax-exempt bonds issued pursuant to the Capital Improvement Plan and Minnesota Statutes, Section 475.521 in the principal amount not to exceed $3,600,000; and WHEREAS, the City has determined to make this declaration of official intent (''Declaration'') to reimburse certain costs from proceeds of tax-exempt bonds in accordance with the Regulation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: 1. The City reasonably intends to make expenditures for the Project. 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from a portion of the proceeds of tax exempt bonds to be issued in an estimated . maximum principal amount of $3,600,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1. 150-2( d)(3) of the Regulation. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of . bonds, except for the following expenditures: (i) costs of issuance of bonds; (ii) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (Hi) preliminary expenditures (as defined in the Regulation) up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to fmance the project for which the preliminary expenditures were incurred. 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original . expenditures for the Project and the principal amount of the tax exempt bonds described in paragraph 2 above are consistent with the City's budgetary and financial circumstances. No sources other than proceeds of tax-exempt bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. . 260221(JAE) SH230-00036 . . . . . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of April, 2005. ATTEST: Woody Love, Mayor Craig W. Dawson, City Administrator/Clerk 260221(JAE) SH230-00036 CITY OF SHOREWOOD CITY COUNCIL MEETING April 11, 2005 PUBLIC SIGN-IN SHEET For the record, please print your name and address below. Thank you. Name Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.