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060907 CC Reg AgP " .. . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDA Y, JUNE 9, 1997 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. The City Council will convene in Executive Session immediately following the regular meeting to discuss pending litigation with the City Attorney. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Dahlberg _ Stover McCarty _ O'Neill Garfunkel B. Review Agenda 2 . APPROVAL OF MINUTES City Council Regular Meeting Minutes May 27, 1997 (Att.-#2 Minutes) 3. MATTERS FROM THE FLOOR (No Council action will be taken.) 4 . PARKS - Report by Representative Report on Park Tour and Park Commission Meeting of May 28, 1997 (Att.-#4 Draft Minutes) s. PLANNING - Report by Representative A. A Motion to Adopt a Resolution Approving a Simple Subdivisionl Combination (Att.-#5A Planner's Memorandum & Proposed Resolution) Applicant: Tom Reifenberger and Barb Morford Location: 6130 and 6150 Church Road B . A Motion to Adopt a Resolution Approving a Preliminary Plat & Final Plat --Waterford 5th Addition (Att.-#5B Planner's Memorandum & Proposed Resolution) Applicant: Jeffrey Link Location: 5590 Vine Hill Road C. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1,200 Square Feet (Att.-#5C Planner's Memorandum & Proposed Resolution) Applicant: James Bruce Location: 20445 Radisson Road D. A Motion to Adopt a Resolution Approving a Simple Subdivision (Att.-#5D Planner's Memorandum & Proposed Resolution) Applicant: Ron Hume Location: 25040 Yellowstone Trail CITY COUNCIL AGENDA - JUNE 9, 1997 PAGE 2 OF 2 E. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space Over 1,200 Square Feet (Att.-#5E Proposed Resolution) Applicant: Ron Hume Location: 25040 Yellowstone Trail F. A Motion to Adopt a Resolution Requesting That MNDOT Condemn Property (Att. - 5F Planner's Memorandum and Proposed Resolution) Property Owner: Peter Lehman Location: 21285 Radisson Road 6. CONSIDERATION OF A MOTION TO ACCEPT QUOTES FOR THE FREEMAN PARK PICNIC SHELTER AND ACCEPT PLANS (Att.-#6 Engineer's Memorandum) 7 . CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH WSB & ASSOCIATES, INC. (Att.-#7 Engineer's Memorandum & Proposed Resolution) 8. CONSIDERATION OF A MOTION TO AUTHORIZING CHANGES TO THE CONSTRUCTION CONTRACT FOR THE SOUTHSHORE SENIOR COMMUNITY CENTER - CHANGE ORDER NO.3 (Att.-#8 Engineer's Memorandum) 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION FOR THE EXTENSION OF WATERMAIN, DECLARING ADEQUACY & AUTHORIZING THE PREPARATION OF A FEASIBILITY STUDY (Att.-#9 Engineer's Memorandum, Petition, Proposed Resolution) 10. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE AMENDMENT TO SECTION 903 REGARDING WATER USE & SERVICE AND SECTION 1300 REGARDING MUNICIPAL FEES (Att. -# 1 0 Proposed Ordinance) 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND .. _ AUTHORIZING ADVERTISEMENT FOR BID FOR SHADY ISLAND BRIDGE (Att.-#11 Proposed Resolution) 12 . ADMINISTRATOR & STAFF REPORTS Staff Report on Development Monitoring 13 . MAYOR & CITY COUNCIL REPORTS Report on Meeting with Waterford Residents 14. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#14) Notes on Mayor's Coffee - Waterford Association Saturday, June 7, 1997 - 10:00 a.m Council Chambers at City Hall, 5755 Country Club Road, Shorewood The sign in sheet showed the following in attendance: Jerry Leising Jim Samples Paul Kozloski Sue Willemsen Jean Hinkel Amy Hinkel Tom Erdmann Rosemarie Butman Dr. Leslie Butman Jim Berdahl Jay Hare 19870 Waterford Place 19430 Muirfie1d Circle 19685 Waterford Place 19685 Waterford Place 19660 Waterford Place 19660 Waterford Place 19495 Muirfield Circle 5590 Old Market Road 5590 Old Market Road 19205 Waterford Place 5670 Old Market Road Also in attendance, Mayor Tom Dahlberg and City Administrator James C. Hurm. Potential Development of the Johnson Property: Those present indicated they would not be interested in an access near the pond on Waterford Place. Jim Berdahl indicated the access with the least problem would be from Waterford Circle. The Mayor indicated that there are deed restrictions that need to be contended with. He said there no longer seems to be reasonable access from the north. An access from Muirfield Circle would have very tough topography. Over time access never materialized at that location. It was noted that access from Vine Hill Road would be a very long way. The Mayor indicated the type of access he would like to see is a narrow, private kind of drive. The Mayor indicated that Mr. Johnson and the homeowners' association have a mutual interest in preserving green space. He suggested that the association consider looking at the Outlot C deed restrictions. Traffic Concerns: Jay Hare raised the topic of speed on Old Market Road. He is concerned about an increase in traffic, which is likely to get worse as the cross town is improved. He believes traffic is up 40% over the last year. He says that there are a lot of trucks and foreign traffic. He feels that many people take this short cut because it is 1.5 to 2 miles shorter than going Highway 7 to 494 south. He suggested that we get updated traffic counts. Further, he shared an article from U.S. Today on "Neighborhoods Declare War on Traffic" (attached to these notes). He suggested speed humps be installed from curb to curb on bike lane to bike lane to reduce speed. The newspaper article indicates they run about $1,500 a piece. Notes on Mayor's Coffee - Waterford Association Saturday, June 7, 1997 Page 2 of 2 It was noted that Covington Road is dangerous and too narrow, but there was a further comment that improving Covington Road would only increase speed and reduce safety. It was suggested that the gravel trail along Silverwood Park should be separated from the road by a curb. People do not feel safe on that trail without some separation. Waterford Shopping Center: The question was raised on why the European Restaurant did not locate in Waterford Shopping Center. Mayor Dahlberg explained what had taken place, that the City had not changed the covenants to allow a liquor license in the shopping center. The developer was not interested in a wine and beer license. Action Item Requests: 1) Get new data on speed and traffic counts. 2) Research the feasibility of using two to three speed humps on Old Market Road to reduce speed. t" -.,' 3) Consider options to separate Covington Road from the trail along Silverwood Park. ~~~ I Mayor Dahlberg ended by indicating that it is important that neighborhoods control their own destiny. There needs to be policy stability and change should be slow. The meeting was concluded at approximately 11 :45 a.m. ;>:;" $i:1 24A' FRIDAY. MAY 2. 1997' USA TODAY By Carol J. Castaneda USA TODAY SARASOTA, Fla. Tired of Stop-and-go traffic, the time. pressed commuter tries a short cut through neighborhoods on streelS that arenl as busy. Big mistake. Shade Avenue's firSt speed hump rises just north of Hibis- cus amid a sea of brake lights. Slosh goes the colfee. Six more car-jarring humps lollow In just the next mile. Doughnuts thump to the fioor. Fleeing onto Hyde Park Street, the driver finds a side- jutting concrete Islet that nar- rows the Street and forces cars 10 pass one by one. Next. cars are dlvened around two cenler medians belore encountering a final. maddening Islet Welcome to the Florida Gull Coast city that is ground zero In a national banle pitting testy commuters and increasingly aggressive drivers against resi- dents who want slower tramc on saler. more walkable neigh- borhood Streets. From Sarasota to-Seattle, cit- ies are touting "tramc calming"' as a wav to end the mad rush or cars racing 40 mph and laster down residential streelS. ~ stressed-out commuters and combative drivers roar through the neighborhoods to avoid clogged main roads, resi- dents are taking up the light, Call It the biggest change In suburban driving since cul-<le- sacs came in vogue In 1929. StreelS once designed to move cars In and OUI or neighbor- hoods as quickly as possible are being redesigned today so they can be shared by pedestri- ans, bicycles and pets_ hIt's a whole change In mind- !let, We thought bigger was bet- ter, and laster was bener, and rio..... we don't," saY!' Reid Ew. Ing. an urban planning prole5- sor at Florida International 1jlniversl~' in Miami. . tHurn in philosophy : Transponation experlS see frame calming as a V-turn in engineering philosophy. The basic theory Is to change Straight Streets Into obstacle courses Ihat dramaticallv Slow tramc. . Speed hum~ and elevated speed tables force cars to slo'A' or suller abrupt jolts. Tramc circles at Intersections ImIJede Straight and quick through' wavs_ Curbs and sidewalks that \ut'lnto !ltreets lorce motoriStS ill yield to each other and pass one at a time. "We're trying to undo the tramc chaos created In the 19605. when engineers were translormlng every city street into a mass anerlal roBdwa\' with no parking," Milwaukee Mayor John Nordquist says. l.ong pOIJular In Europe. tramc calming In this eount!)' sprouted on the West Coast and i~ spreadIng eastward mpldly. Communities finding ways to brake zip-through drivers From East CoaSt to West, 'traffic ca1n1ing' is helping to slow the fast flow of.,comm uters and other drivers through residential streets. N~ighbors and City officials are 'trying to undo the traffic chaos created in the 1960s.' Neighborhoodsdeclam war on traffic Slreet parking or landscaping alternates from one side of the street 10 the other so the driver sees a zigzagged road rather than a clear, . straight path. These abrupl changes cause motorists 10 reduce . ',' ':' ." ;'.": speed. In Seanle, which has them on 12 busY.streets. >i.;". chicanes lorce motorists to slow to about. .' - 20 mph. Cost: Aboul ..... . . V'rl-- ." $13.000. ..~ '-'.,,-J( . \ \. . -i,to: .. ..~> .rtk' . Neckdowns Neckdowns are sldewalksand . rorblng that extend Into the '. . roadway 10 shorten lhepedestrlan - '. crosstno, They also narrow lhe width of the road lor vehicles. . Ion:ing drivers to slow down. eo.t:- 52.000-$3,000. -.Ii'; . . Speed~. . - " . ~. . ., ~ ~'. Flal, raised surfaces made ".", - 01 bright red brick extend 1he ~ width of streets and,go down on bath ends cllhe f1811ab1e top.'}They '.force dllvers'to slow 10 15'25 mptL4eost. esttmate:'$6;500. ':". .~ .......;ri1i,':' OP.. "......,~,.. '~(- J':#;~ ..,;, <~: l![;~ ~ ./,'Traffic ":1 . /........;;.... .rcIes...-...'-........ . . " " ',.;CI .;,-.. .. / .... .-" . '1 '.' ('SeatIIe has slIi mlni-clrcles, which toroe ~ .,,- ;.drlvers 10 mducll speed to 15-20 mph to . manetMlI'tljough intersections. The 16-fOOl. ... . ~_: diameter Circles are landscaped with . >",:ftowers, shrubs or trees. Cost: . About 56.000. / .. ~/~;!" /~ 'I' ''''''''l{~ " : 12 feet ." / ..- ...... . ::: . ~ ";"" _/ < ; ') t 4 inches L;.Q. :..:r~1 .1 - ',>illi;;;.;'!'i /.,.:':'~T'"..: lJli: Speed humps"'-" . "'<.' ~..'4,-...!. .... ...'. ....":1'.. . 'l . .' Longer and t1aner 1haIl spied buri1Ps, hUmps are pOpular . . because they're inexpensive and efleclive, lypically, these mounds 01 asphalt extend trom rorb 10 curb. They slow drivers 10 15-25 mph. Cost: About $1,500. Considered much more efteciive than bulboutS, these oval. landscaped median devices beautify streets and slow vehicles t 10-15 mph, Cost: S5,OOO-S10,ooO. By..... _. USI< TODAY thing." Wallwork sa~'S. ~ Engineers In Cambridge, Mass., are reducing a mile 01 bus\' Massachusetts Avenue from lour lanes to three bv widening sidewalks, Installing bike lanes and extending curbs. This spring. the d~' wlU spend $250,000 10 build raised crosswalks and landscaped tramc Islands that dive" tramc and slow It down. Here In Sarasota, enl,lineers can barel)' keep up with de- mand for tramc calmers. Thir- ty-five thousand molOriStS a ciay travel to job!: downtown. To shave live to 10 minutes off trips, drivers cut through nel(!hborhoods 01 multimillion- dollar Mediterranean homes with bavfronl views. As a' resulL harried home- owners havf' loughl 10 have as many as 80 tramc calmers built In their beach reson town since 1990, Twenty-lour more will go In Ihis year. "", , Speed humps are the tramc calmers most In demand here. as they are across the nation Not as teeth-rattling as speed bumps found In parking lots. humps rise J-.t Inches above Street level and typically are 12 leet long. Carol Ostling waged a thref'- year battle to get humps In. stalled on her street alter speeding cars killed the lam. IIv's two cats and nearlv piowed down her husband. Robert He was In his own Iront yard when a driver sailed onto Ihe lawn, braking just Inches lrom him. "It was an absolute night- mare," Carol OStling recalls. "Every other week there was a lender bender. Something had to be done." At times, she says, she lelt like screaming. "Don't drive like It's the Indy 500!" The Ostllngs attended end- less meetings, made phone calls and circulated petitions because 60% 01 their neighbors had to agree to the humps. Since Ihe humps were in. stalled In 1994, traffic has dropped by nearly 50%. to 3,700 cars a day. SpeedS have fallen about 10 mph, to 28 mph. The posted speed Is 25 mph. Speed Bump Capital But the transition Isn't al- ways smooth. Last laI~ hun- dreds 01 frustrated drivers re- sponded when radio Station WSRZ-FM organized a "Honk II YOII Hate Speed Humps" campaign and awardeo Iree . front-end alignments to win. Ders In call-ln contests. "We had a lot 01 fun with It Sarasota, the Speed Bump Cap- ital 01 Ihe World," says disc jockey David Jones_ Sarasota Fire CapL Chuek Johnston feared that traffic 01J. Stacles would add critical delay to fire and rescue respon.~e. "For somebody who Is hav. Ing a heart attack. we need to be Ihere by lour to six min- utes." JohnSton says. But offi- cials have found that rescues take only a fe\\' seconds more even when the route has tramc calmers. Government officials also needn't have feared Ihat traffic calmers might somehow con- tribute to InjUries to motori.l;fS or pedestrians and result in a slew of lawsuits. Studies show Ihat pedestri. ans have an 85% chance 01 sur. vlving If they're hit by a car go- Ing under III mph. They have the same chance of being killed II the car Is traveling at speeds above 35 mph. Severe InjUry Is likely In between. "11 we could put up a sign Ihat said 'Pleac;e respect our neighborhood and drive slow- I)'; we wouldn't have to 10StaI1 any devices at a1\," lormer Sar- aso\a mayor Mollie Carda. mone says. She lost two do~ to speeders. "But the reality i~ people have become more and more uncivil." Contributing: Deborah Sharp SourelS. JIm Mundetl. ..,.,..,,,,ftc ,",,""' hanlt T,*nsOOl'UttlOf'l" M~'" w.~.. NnIOI' ,,,,the ~'. Ihe~" GfOUfl ffC" Jltbondlt. 'It.: ASIm UoharnmMI. ..StStI~ dty ~t. $etucM. ,.. Ing Irom one side oflhe street to the other. 50 drivers see a . zigzagged road rather than a clear, straight path. ~ Portland, Ore., residents are clamoring for tramc cir. c1es. speed humps and curb ex. tensions. The waiting list is 500 Streets long. Transportation IJlanners say the most ellectlve use or traftlc calmers i~ to place them area- wide. Other\\'lse, speeding problems are just diverted from one !ltreet to another. ~ Austin, Texas. officials brought In Florida transpona- tion engineer Michael Wall. work to redesllln lour.lane StreeL~ thai border neighbor. hoods. Wallwork'S philosophy: Nar- row the Intersections so drivers have to reduce speeds. Trame calmers ma\' be an "annovance. but when vour ehlld ~ets killed, you're going to demand the city do some- On Shade Avenue: Car- ol and Robert Ostling stand alongside a speed hump near their SaraSOUi, Fla., home. Carol waOed B three- year fight'to have the humps installed after speeding drivers kNled the family s two cats and nearly olowed down her husband. 'It was an abSoluta night- mare: she says. 'Every other week there was 8 lender bender. Some- thing had 10 be done: The momentum stems Irom 6.000 pedestrian tramc fatali. ties a year. Filty.live percent take place In neighborhoods. JUSt look around: ~ Seanle mav have more miniature tramc circles, at lea.~ 610, than any other city. Seventy more go in this year: Cll}' officials !:BY Ihe circles have reduced trallic accidents bl' more than 901); where they hllV(' been built One review or 30 Circles lound 50 accidents berore Installation In 1991 and onlv twO accident!: arter. SeattJe also ha.~ built decep- tive "chicanes" on a dozen bus\' streets. Twelve more art' going In Ihls year_ Chlcane!\ ai- ternalc parking and land!'Cllp- '. ~ t I!" ..........., Po. !~ t ti'.! . r. ~ t. " r.,i''V tr-:' .l t' 'I I;i ~' .1. Wl.~ ~ot;~ &;;4 . Of' .~ ~ it.', , ~, CITY OF SHOREWOOD ] MAYOR Tom] Dahlberg COUNCIL Knsti Stover Jennifer McCarty Jerry O'Neill John parfunkel 5755 COUNTRY CLUB. ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 FAX (612) 474-0128. www.state.neUshorewood. cityhall@shorewood.state.net Executive Summary Shorewood City Council Meeting Monday, June 9, 1997 Following the regular portion of the meeting, Council will convene in Executive Session for discussions with the City Attorney on pending legal matters. Agenda Item #5A: In 1992 the City approved a simple subdivision and combination allowing Tom Reifenberger and Mark Monord to purchase a substandard lot, split it and combine the two pieces with their existing lots on Church Road. The applicants failed to record the resolution in 1992 and now ask that it be reapproved. The Planning Commission agreed unanimously with the staff recommendation to approve the request. Approval requires a simple majority vote. Agenda Item #5B: Outlot B, Watenord was originally intended to be platted as three lots. Trivesco has found a buyer who simply wishes to use it for one single-family home. This preliminary and final plat was approved once in 1993, but never recorded. The Planning Director and Planning Commission recommend approval. The resolution requires a simple majority vote by the Council. Agenda Item #5C: Jim Bruce proposes to build a new home at 20445 Radisson Road which will include a garage having more than 1,200 square feet of floor area. His request complies with the Zoning Code criteria and the Planning Director has recommended approval of a conditional use permit. The Planning Commission agreed unanimously. Approval by the Council requires a four-fifths vote. Agenda ItemJf5D: ",Ron Hume requests approval to subdivide his 4.5 acre property at 25040 Yellowstone Trail into three lots. The lots all meet or exceed the requirements of the R-1A zoning district. The Planning Director recommends approval and the Planning Commission voted unanimously to recommend approval subject to conditions. Approval requires a simple majority vote by the Council. Agenda Item #5E: Mr. Hume proposes to relocate an existing barn on his property to his new homesite (see Item #5D). The area of the barn when combined with the new garage on his new house exceed 1,200 square feet. His request complies with the Zoning Code criteria for a conditional use permit. Agreeing with the Planning Director's recommendations, the Planning Commission voted unanimously to recommend approval of the conditional use permit. Approval of the draft resolution requires a four-fifths vote by the Council. A Residential Community on Lake Minnetonka's South Shore Executive Summary - City Council Meeting of June 9, 1997 Page 2 of 2 Agenda Item #5F: Mr. Peter Lehman has asked for the City's assistance in persuading MNDOT to condemn the old cabin at 21285 Radisson Road as part of the Christmas Lake RoadlHighway 7 intersection project. His attorney suggests that some sort of position statement from the City would help. The Planning Director will prepare a resolution for your consideration Monday night formally requesting that MNDOT condemn the cabin. If you have questions relative to this matter, please contact the Planning Director on Monday. Agenda Item #6: During the last City Council meeting, the City Council approved a conditional use permit for the 30' x 36' Freeman Park Shelter. Quotes have been received for a total construction cost of $24,976. The budget for this project is $25,000. Staff is recommending approval of award to Flanagan Sales in addition to authorization of the expenditures as listed in the report. Agenda Item #7: This is a resolution which authorizes the Mayor and City Administrator to enter into an agreement for Professional Engineering Services with WSB Associates, Inc. OSM Associates at this time can not meet all of the demand that Shorewood has with the new developments starting up. Therefore staff is recommending WSB Associates, Inc. to aid in field inspections services. ~ ~- , .' Agenda Item #8: This is Change Order 3 which should finalize all the nit picky items within the interior of the building. Total amount for the change order is $9,221.55. The funding for this change order is already provided as part of the contingency of the project. Staff is recommending approval of Change Order 3 for the amount of $9,221.55. Agenda Item #9: Enclosed in your packet is a petition for municipal water from residents at the far west end of Smithtown Road. The enclosed resolution accepts the petition and authorizes the preparation of a feasibility study by the City Engineer. Agenda Item #10: This ordinance amendment makes certain clarifications in the water special assessment ordinance. More specifically, it does not require charges for new lots to which water is not available. Agenda Item #11: This is approval of the Plans, Specs, and Estimate for the reconstruction of the . Shady island Bridge, and Authorization for Advertisement for Bids. If the City Council is .... comfortable with proceeding with ad for bid, staff will schedule an informational meeting with the residents to discuss any changes that may be desired. Any changes can be handled by an adtiendum to the project. It is important that we stay on schedule such that we do not face problems early winter. . . , CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING TUESDAY, MAY 27, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING ~ RA~T Mayor Dahlberg called the meeting to order at 7:30 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney Ron Batty; Planning Director Brad Nielsen; Engineer Larry Brown; Finance Director AI Rolek. Review Agenda B. Administrator Hurm noted a request from Brian Tichy, South Tonka Little League, for an institutional sign. He requested this matter be added to the agenda as Item 6C. C. Appreciation to Troop 424 for Assistance at Clean-up Day Mayor Dahlberg expressed appreciation to Troop 424 for their assistance in the spring clean up at the Goodwill trailer. The agenda was accepted as presented for May 27, 1997. 2. APPROVAL OF MINUTES A . City Council Regular Meeting Minutes - May 12, 1997 McCarty moved, Stover seconded approving the City Council Regular Meeting Minutes for May 12, 1997, as amended on Page 4, Paragraph 6, Sentence 2, change to read "could be traded off for higher inventory turn over"; Page 8, Item 11, Paragraph 2, change "silk" to "silt"; Page 9, Paragraph 2, Sentence 1, change to read, "remove a protected tree and simple accept a fine." Motion passed 5/0. B . City Council Executive Session Minutes - May 12, 1997 The City Council Executive Session Minutes for May 12, 1997, were approved as submitted. C. City Council Work Session Minutes - May 19, 1997 The City Council Work Session Minutes for May 19, 1997, were approved as submitted. 3. CONSENT AGENDA Mayor Dahlberg read the Consent Agenda for May 27, 1997. Stover moved, O'Neill seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: -#=;< . CITY COUNCIL REGULAR MEETING MINUTES MA Y 27, 1997 - PAGE 2 A. A Motion Authorizing Advertisement for Bids for Joint Seal Coating Project with Tonka Bay . B. A Motion Adopting RESOLUTION NO. 97-40, "A Resolution Approving Intoxicating Liquor License On-Sale, Intoxicating Liquor & Special Sunday Sales - Minnetonka Country Club" Motion passed 5/0. 4. MATTERS FROM THE FLOOR George Greenfield, 24 715 Yellowstone Trail, commented on the Board of Review in which Mayor Dahlberg encouraged residents to contact their state representatives relative to the property tax issue. He stated he made two attempts to contact Senator Oliver with no response. After making a third call to Senator Oliver, Mr. Greenfield did receive a response, however, he expressed his opinion that Senator Oliver is not responsive to the concerns of his constituents relative to property . taxes. He noted Senator Oliver and his colleagues were unable to come to any meaningful reform with respect to people who are running the risk of losing their homes because of the property tax system. 5. INTRODUCTION AND DISCUSSION WITH LAKE MINNETONKA CONSERVATION DISTRICT EXECUTIVE DIRECTOR, GREG NYBECK Greg Nybeck introduced himself and gave a brief recitation of his personal background. He explained the function of the Lake Minnetonka Conservation District is to address concerns relative to sewage disposal in the lake. The LMCD represents 14 lake communities around Lake Minnetonka and addresses issues such as multiple and residential docks, as well as providing a comprehensive set of ordinances which are enforced by the Hennepin County Water Patrol. The LMCD has ongoing projects such as the milfoil harvesting program and the zebra muscle spray- down program for special events. The LMCD has recently passed a spray-down requirement for boats which have been in infested zebra muscle waters and are scheduled for participation in special events. Prior to participation in . an event, any watercraft which has been in infested water must have been dry for five days prior to participation in the event. If it has not, it will have to be inspected and washed by a licensed LMCD personnel. Mr. Nybeck noted the LMCD will hold a draft budget meeting on May 28,1997, to address the 1998 budget. He noted invitations will be extended to City staff and Council as well as anyone else wishing to attend a meeting at the LMCD to incorporate any comments the cities may have. The LMCD will have an adopted budget submitted to each city by July 1, 1997. Mr. Nybeck reported the Minnetonka Beach situation relative to the dock sites and the licensing of docks has been resolved to everyone's satisfaction. Mr. Nybeck also reported on the Bill Hawks situation in Halsted's Bay. The DNR rules do not allow for structures within 50 feet of the shoreline. They considered a boat house a structure and effective 1978, a boat house could no longer be built. Mr. Hawks had made application with the City of Minnetrista to build a boat house or a rail system to store an antique boat in a covered facility. His application was rejected. Mr. Hawks then built a boat house on floats and had it licensed as a boat. Since that time an ordinance has been passed that a boat cannot store another boat. There is litigation pending in this matter. . . CITY COUNCIL REGULAR MEETING MINUTES MA Y 27, 1997 - PAGE 3 Councilmember O'Neill noted several residents in the Boulder Bridge neighborhood have expressed a desire to expand their docks. He requested information relative to their request. Councilmember O'Neill inquired of the LMCD's opinion relative to neighborhood docks on Eureka, west of the beach. Mr. Nybeck stated the LMCD is probably not aware of many of the docks which are located on the end of fIre lanes since the LMCD works on a complaint basis. If a neighborhood dock is on public land, such as a fishing dock, Mr. Nybeck felt this could be accommodated, however, he would need further information relative to how the fIre lane is deeded. Councilmember Stover recalled the City has in previous years received a design plan of the marina from the LMCD. Mr. Nybeck stated this practice has been discontinued, however, if this is information the Council would like to have, he felt it could be provided. 6 . PARKS - Report by Representative A. Report on May 13 Park Commission Tour and Meeting Councilmember McCarty reported on the matters considered and the actions taken by the Park Commission at their Tour and Meeting of May 13, 1997 (as detailed in the minutes of that meeting) . B . A Motion to Adopt a Resolution Making an Appointment to the Park Commission Councilmember McCarty commented all of the candidates were exceptional and noted there will be three openings on the Park Commission at the end of this year. Garfunkel moved, McCarty seconded, adopting RESOLUTION NO. 97-41 "A Resolution Making an Appointment of Ann Packard to the Park Commission." Motion passed 5/0. C. Consideration of a Request by the South Tonka Little League for an Announcement Board to be Placed at Freeman Park Planning Director Nielsen pointed out this sign cannot contain advertisements of any kind, only schedule relatecl infgrmation. Councilmember McCarty inquired relative to the p9.ssibility of vandalism of a sign of this type. Nielsen stated there are concerns of vandalism with anything in the park, however, the sign will have double closing doors which should hinder vandalism to some extent. Dahlberg moved, O'Neill seconded, issuing an institutional sign permit for the South Tonka Little League for a sign to be placed at Freeman Park, waiving the $20.00 application fee. Motion passed 5/0. Administrator Hurm reported $5,500 has been raised in donations for the purchase of sod for the Badger Park football field. He stated if the City were to match funds in the amount of $2,000 the larger sod rolls could be purchased. The City has allocated in the Capital Improvement Plan matched funds of $3,500. The request being made at this time is for an additional $2,000. CITY COUNCIL REGULAR MEETING MINUTES MAY 27, 1997 - PAGE 4 Engineer Brown explained the large sod rolls are handled by machine only. They are preferable with the upcoming football season as opposed to the half yard segments which would requiring some time to knit together. Councilmember Stover was in favor of matching the funds to obtain the large sod rolls. Councilmember McCarty felt this to be a better way to do the job and will avoid future problems with the sod as well. McCarty moved, Stover seconded approving disbursement of an additional $2,000 from the Park Fund to match funds for sod at Badger Park football field. Motion passed 5/0. 7. PLANNING - Report by Representative A Motion to Adopt a Resolution Approving a Conditional Use Permit for a Picnic Shelter at Freeman Park Applicant: Location: City of Shorewood Freeman Park . Planning Director Nielsen reported on the matters considered and action taken by the Planning Commission at their meeting of May 20, 1997, (as detailed in the minutes of that meeting). McCarty moved, Stover seconded, adopting RESOLUTION NO. 97-42, "A Resolution Approving a Conditional Use Permit for a Picnic Shelter at Freeman Park for the City of Shorewood." Motion passed 5/0. 8. DISCUSSION OF DEMOLITION OF EXISTING RESIDENCE - WATTEN PONDS Mayor Dahlberg inquired whether a site plan has been submitted. Nielsen explained a site plan has not been received, however, the lot would be treated the same as other lots within the project with the exception of the two northern most lots. Those lots are subject to shoreland restrictions and have a 25 percent hardcover limitation. The project itself will require custom grading and would . need to be in conformance with the tree preservation plan. Counci!mem~~O'~ei11 inquired whether the house would be subject to existing ~_oning or the PUD agreement. Nielsen stated anything built in this particular area will have to meet the setbacks which have been established for the project in the PUD agreement. Councilmember Stover questioned whether the tree preservation policy would apply to the demolition process. Nielsen stated there is a condition in the permit which requires the placement of tree protection fencing around the trees prior to the start of any work. Mayor Dahlberg noted his understanding if any of the trees are damaged during the demolition process, sanctions would be imposed in accordance with the plan which is in effect at the present time. Nielsen stated there would be a requirement for tree replacement through the tree preservation policy. He noted the Planning Commission will be reviewing the policy with respect to more severe sanctions. Greg Larson, 25535 Orchard Circle, felt the spirit of the PUD agreement and the intent of the prior Council and Planning Commission were that there would be nine new houses as opposed to ten. . . CITY COUNCIL REGULAR MEETING MINUTES MA Y 27, 1997 - PAGE 5 He inquired how the development agreement could be changed to allow for this point to have been excluded from the development agreement. Mayor Dahlberg inquired whether it is implicit in the agreement that the house remain. Attorney Batty stated generally speaking, the agreements are open to public discussion and brought back to Council for further approval. Normally buildings are subject to demolition and if a particular building were not to be subject to demolition, this should have been specified in the agreement. Nielsen remarked the indications early on were that the house would stay, however it would be remodeled and updated. Mr. Larson felt a loophole in the agreement is now allowing the demolition of the existing home and the addition of a tenth home. Councilmember O'Neill noted his recollection of the discussions at the time of the hearings was that the house would remain. Councilmember Stover recalled her understanding at the time of the PUD was there would be ten houses, whether they were all new or nine new plus the one existing home. Councilmember McCarty felt if the demolition does not violate any ordinances or statutes, the Council cannot deny the request. Mayor Dahlberg inquired whether there had been statements made during the public hearings that the house,was to remain. Attorney Batty expressed his opinion the resolution and the PUD are what must be relied upon. He felt the written record reflects the issues which were significant to the Council at the time of their decision. Mayor Dahlberg asked whether there is a liability if during a public hearing a situation is described in a certain way and then a change is made subsequently. Councilmember Stover commented what is perceived and what is understood is not always the same. Once a written resolution is developed, the written words are measured prior to the Council voting on that resolution and what is heard or perceived in a public hearing may not be included in the written agreement. Dwayne Laurila, 5595 Eureka Road, commented on the change in the placement of the driveway of the Watten home and he recalled a specific mention during the public hearings of the house remaining. He stated there is a reference to the nine new homes and one existing home site in a letter from Nielsen. Mr. Laurila feels the development company is taking advantage of a loophole in the agreement. Councilmember Galtunkel stated unless the home is going to be given a historic designation, there would be no prohibition in the future against the home being demolished. He felt this a lesson to be learned and if this were an important part of the PUD agreement, he felt it would have been included. Mr. Laurila noted demolition of the home has already begun. Engineer Brown explained activity had been noticed as well as damage to the home. The developer was issued a stop work order as well as a citation. Mr. Laurila commented there was actually nothing wrong with the home. Nielsen explained there had been substantial water damage to the home. Mayor Dahlberg asked Attorney Batty if he is confident there are no grounds for action to be taken against the City on the basis the PUD has been changed since the public hearing. Attorney Batty did not feel there were any reasonable grounds with which to pursue the City. ,- CITY COUNCIL REGULAR MEETING MINUTES MA Y 27, 1997 . PAGE 6 Councilmember O'Neill questioned whether the City could successfully defend a denial of the demolition permit. Attorney Batty did not feel, based on the record, there would be a successful defense of this type of claim. Councilmember Stover did not feel whether or not the Watten home would be demolished was an important part of the discussion at the time the Pun agreement was developed. Mr. Laurila felt the entire development was plotted around the position of the Watten home. Councilmember McCarty noted her agreement with Councilmember Stover there would be one existing and nine new sites. She stated in her understanding the agreement called for a total of ten building sites. Councilmember McCarty expressed her belief the owners of the property have the right to demolish the home. Councilmember O'Neill felt the neighbors have a right to be upset because they understood the Watten home would remain as opposed to being demolished and rebuilt. Councilmember O'Neill wanted to ensure the demolition permit is issued to the owner of the . house. Nielsen confirmed the permit would not be issued to someone who does not actually own the property. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION AND LEVYING FOR WATERMAIN TRUNK CHARGES AND SPECIAL ASSESSMENTS. WATTEN PONDS McCarty moved, Stover seconded, adopting RESOLUTION NO. 97.43, "A Resolution accepting a petition and levying for watermain trunk charges and special assessments. Watten Ponds." Motion failed, 2/2. (Councilmembers Garfunkel and O'Neill were the dissenting votes. Mayor Dahlberg abstained.) Councilmember Stover noted this is a 100 percent petition. Councilmember O'Neill pointed out his position at the work session that he is opposed to putting water into any development because it increases the percentage of households on water in Shorewood. Councilmember McCarty stated this assessment will help support the fmancial viability of the existing system. . Councilmember O'Neill feels this issue needs to be further discussed at which time he may change his vote on this matter. Mayor Dahlberg noted there are two principles which artHo pay for the system as it exists today and the other is to not force municipal water on the property owners. Councilmember Stover expressed an overwhelming concern relative to the financing of the water system. She noted although she did not vote for the water system, it must be paid for. Councilmember Stover stated it is distasteful this fmancing would come from general funds such as property taxes for everyone whether or not that person has water. She would prefer to see the people who have municipal water pay for it. Finance Director Rolek noted the Capital Improvement Plan projections which were provided to the Council included these particular properties and assessments to pay for the current system. Councilmember McCarty felt this would be a part of honoring the development agreement. . . CITY COUNCIL REGULAR MEETING MINUTES MAY 27, 1997 - PAGE 7 Councilmember Stover commented the water system will be in this particular development and the City is paying for it with bonds. This assessment would allow the City to obtain the funds to pay the bonds. At the same time, the Council can discuss how to handle future developments. Brown remarked a 100 percent petition is scheduled for the next Council agenda and inquired whether these petitions should be brought before Council prior to their further consideration of a water policy. Mayor Dahlberg felt the water policy should be addressed as soon as possible. 10. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring Nielsen reported the contractors on Watten Ponds were working later than 7:00 p.m. The contractor has been warned and a future violation will be reported and the contractor dealt with accordingly. Mayor Dahlberg inquired relative to Gideon Woods. Nielsen explained he met with the original developer and the owner of the common area and the four remaining unit lots. A landscaping plan will be submitted to the City. The developer had until May 15th to complete the landscaping and plant the replacement trees. Since this deadline was not met, as of June 1, the City will complete the landscaping with developer funds. B. Administrator's Report on Southshore Senior Community Center Progress City Engineer Brown reported the City will pull the bond given the contractor's lack of progress despite the good weather days work could have been done. The City will meet with the bonding company on June 4 to determine a fmalization date for the project. As of June 11, the bonding company will own the project. They will be directed to complete the project as soon as possible. The building itself is completed and the additional site work, parking lot and site restoration are the items to be completed. Brown noted the City is retaining approximately $100,000 out of contractor retainage for work left to be done. He noted this amount is sufficient to cover the remaining work. Councilmember O'Neill inquired relative to the parking lot. Brown has not received any information from the testing company whether or not the parking lot has passed compaction. There was some satUrated material which has been hauled out and drain pipe and a catch basin have been installed. Councilmember O'Neill inquired what will be done to prevent children from gaining access to the roof of the building. Brown stated there is landscaping and outside work yet to be completed. The meeting on June 4th will bring answers to these concerns. C . First Quarter Progress Report on 1997 Priorities Work sessions have been scheduled for Monday, June 16 and Monday, July 7. Mayor Dahlberg recessed the meeting at 9:30 p.m. and reconvened at 9:36 p.m. CITY COUNCIL REGULAR MEETING MINUTES MA Y 27, 1997 - PAGE 8 D. Report on Renaming Newsletter Contest Administrator Hurm noted there have been no entries received in the renaming the newsletter contest. One idea was distributed for the Council's review. Mayor Dahlberg encouraged residents to send in their suggestions. 11. MAYOR & CITY COUNCIL REPORTS Councilmember Garfunkel reported he will be interviewing an intern candidate. He stated he would welcome any input from the Council. Report on Neighborhood Meetings with Amesbury, Amesbury West and Boulder Bridge Mayor Dahlberg and Councilmember O'Neill met with the neighborhoods of Amesbury, Amesbury West and Boulder Bridge. The Amesbury neighborhood noted concerns relative to the . future development of the adjacent area. There were concerns raised relative to the ponding area and how it will respond to that development. Brown noted that particular application has been tabled and plans have not yet been received for this area. The Amesbury West neighborhood noted their major issue to be concern relative to a storm sewer pipe which may be leaking. Councilmember O'Neill discussed this with Engineer Brown and this situation is being addressed. It was also mentioned the posts in the emergency access continue to be vandalized and permanent posts have been installed. The residents have suggested moving the posts to allow for additional planting in attempt to reduce the vandalism. Councilmember Stover stated many different methods and systems have been attempted in this area and none have been successful. Brown stated the break-away barriers were removed at the residents' request on one side and a gravel walking trail wide enough to permit an emergency vehicle was constructed. Councilmember Stover felt both neighborhoods should be involved in any decision which is made relative to resolving this problem. She stated the Council would be willing to give consideration to . any suggestions which the neighborhoods may have. CouncUmemb~r O'~eill suggested sending letters to the neighborhoods requesting their suggestions. Brown will check with emergency services to obtain their input and suggestions as well. Mayor Dahlberg and Councilmember O'Neill also met with the Boulder Bridge Board of Directors who raised the issue of the pump house being painted. Mayor Dahlberg expressed concern relative to the condition of the siding. Brown stated a total of $1,000 is budgeted for the maintenance of the five pump houses. Restoration work of approximately $800 was necessary to the W oodhaven well house due to damage by squirrels. He pointed out if the Council would like to have this particular pump house repainted, additional funds would need to be allocated. Mayor Dahlberg inquired whether this amount is sufficient for five buildings. . . CITY COUNCIL REGULAR MEETING MINUTES MAY 27, 1997 - PAGE 9 Councilmember O'Neill felt touch up on the trim is necessary and possibly the painting could be accomplished next year. Brown stated the seal coating will be completed prior to mid-August. This effort is being coordinated with Tonka Bay. Reconstruction of Smithtown Road was discussed. Brown suggested residents should be advised there are areas of the roadway which are failing. The City is addressing this problem through the contractor. 12. ADJOURNMENT McCarty moved, Stover seconded to adjourn to the Regular City Council Meeting at 10:00 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl WalIat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . CITY OF SHOREWOOD PARK COMMISSION MEETING WEDNESDA Y, MAY 28, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 8:00 P.M. MINUTES DRAfl 1. CALL TO ORDER Chair Colopoulos called the meeting to order at 8:02 P.M. 2. ROLL CALL Present: Chair Colopoulos; Commissioners Puzak, Dallman, Arnst, Wilson and new Commissioner Packard; Council Liaison McCarty; City Engineer Brown; and Charlie Davis from the Public Works Department. Absent: Commissioner Bensman. 3 . REVIEW AGENDA Chair Colopoulos moved Item #10 "Soccer Discussion" to Item #6 because Missy Carbonneau, Tonka United Soccer, was in attendance. 4. APPROVAL OF MINUTES Commissioner Arnst had several changes: page 2, 6th paragraph, "materials" changed to "designs"; page 2, 10th paragraph, "the tennis court be deleted from" changed to "since the tennis courts were not subject to'" and page 2, 10th paragraph, "Chair Colopoulos" changed to "Commissioner Puzak". Dallman moved, Arnst seconded, to approve the minutes as amended. Motion carried 5/0, with Packard abstaining. 5 . INTRODUCTION OF NEW MEMBER Chair Colopoulos introduced Ann Packard to the Park Commission. She was appointed by the City Council on May 27, 1997. Ann stated that she has lived in Shorewood since 1980. 6 . MA TTERS FROM THE FLOOR There were no matters from the floor. 7 . REPORT ON PICNIC SHELTER PUBLIC HEARING Councilmember McCarty reported that the proposal for the picnic shelter at Freeman Park was approved by the City Council on May 27, 1997. Chair Colopoulos noted that one of his neighbors, John Krueger, had relayed a concern during the public hearing regarding a potential noise problem, as the location of the shelter is adjacent to his property. Mr. Krueger requested the creation of a natural barrier of trees along the berm, between the park and his property. ~ SHOREWOOD PARK COMMISSION MINUTES WEDNESDAY, MAY 28, 1997 page 2 City Engineer Brown noted that he was finalizing a report of the picnic shelter quotes received for consideration by the City Council. He clarified that this project does not have to go out for bids, as it will be under $25,000. Once approval by the Council is received, Engineer Brown will place the order. Commissioner Puzak inquired if any electrical outlets will be provided at the picnic shelter. Engineer Brown said that electricity was not considered. He estimated that to supply the shelter with electricity would cost $3,500. Commissioners agreed that electricity was not necessary at this time. Commissioner Dallman requested that the contractor stub in one empty conduit in the floor for future electrical service. Engineer Brown will add this request to the picnic shelter plans. City Engineer Brown reported that the Health Department conceded to not require sewer service with the City's request for the drinking fountain. Commissioner Arnst noted that the June newsletter invited residents to call City Hall for reservation details and costs. She inquired what the fees were for a party to use the shelter. Commissioner Wilson replied, per the municipal code, a $50 fee is charged for residents, and . $150 charge for nonresidents to use the picnic pavilion at Freeman Park. The fee should be paid at City Hall. Commissioner Arnst suggested that a small, tastefully-done sign be placed at the picnic shelter noting to call City Hall for reservations; as well as notification that the picnic shelter is reserved for a specific time. 8. DISCUSSION OF FREEMAN PARK TENNIS COURT PLACEMENT Chair Colopoulos explained the history of the hockey rink request. The Park Commission was approached approximately one year ago by the Hockey Association, requesting permission to build an open-sided, refrigerated hockey rink at Freeman Park adjacent to the parking lot serving the softball fields. Financing this project was the sole responsibility of the Hockey Association, and was estimated to be $500,000-$800,000. The Hockey Association later approached the Park Commission stating that funding was not available, and that they were also reviewing alternative locations. They asked if their request could be put "on hold". Commissioner Arnst inquired if this request locked the Park Commission into reserving a specific . amount of space for this "on hold" project. The estimate for the size of the proposed hockey rink was 100' x 200'. Chair Colopoulos was also concerned about the indefinite "on hold" status. He suggested moving ~orward with the concession stand and tennis court placement:" Commissioner Dallman suggested placement of the tennis court near the Eureka Road entrance to Freeman Park. Commissioner Puzak stated that the tennis court belongs closer to the softball parking lot. Commissioner Puzak requested that City Engineer Brown compose a letter to the Hockey Association informing them that the Park Commission is considering tennis court placement at a specific location (provide a map), and to request feedback from them. Note in the letter that the tennis court is proposed for construction in the spring of 1998. Allowance for response time from the Hockey Association may range from two weeks to one month, depending upon when their next monthly meeting is scheduled. City Engineer Brown suggested preparation of the tennis court site begin this fall by bringing in dirt and letting it settle until next spring. If placement is requested near the wetlands, consideration by the Minnehaha Creek Watershed District would be required also. 9. DISCUSSION OF PARK TOUR #2 Notes from Park Tour #2 are attached to, and made a part of, these minutes. SHOREWOOD PARK COMMISSION MINUTES WEDNESDAY, MAY 28, 1997 page 3 Commissioner Wilson recalled the "Magic Square" from his childhood: this hard surface area served multi-uses including basketball, shuffle board, tennis, and skating. Commissioner Wilson also inquired if the colored surface area on the tennis courts was necessary. City Engineer Brown stated that tennis court surfaces were different from the typical asphalt driveway material. The i Commission requested the Engineer to research the different surfaces available. Commissioner] Puzak requested the Engineer to inquire if any "Magic Squares" exist in other cities. I Commissioner Puzak noted that tennis courts are "high-ticket" items within a park, both for : construction and maintenance costs. He inquired if there is any way to collect data on the demaJ!ld for additional tennis courts. According to Councilmember McCarty, there is a high demand for I tennis courts. Commissioner Arnst inquired if one tennis court at Freeman Park would meet the demand, or if two would be better. She suggested the possibility of one tennis court and two basketball hoops to meet a more diverse demand for recreational activities. . A question was raised regarding the replacement of two damaged/dead trees at Manor Park. It was noted that $10,000 is scheduled for grass, trees, and reseeding in the parks. Engineer Brown will check into the tree replacements. Another issue raised during the park tours was the marking of City property at Silverwood Park. City Engineer Brown said that a survey would be necessary for legal reasons prior to staking out the property lines. This surveying would cost approximately $3,000. Commissioner Packard suggested that a letter be prepared for adjacent homeowners explaining that the City is surveying the property lines of Silverwood Park. This communication may ease the concerns of homeowners prior to the surveyor's appearance in the park. Commissioner Arnst requested that the Park Commission receive a copy of the letter, and that a follow-up report be prepared for the Park Commission. 10. SOCCER DISCUSSION . NOTE: This item was discussed following Item #5. Missy Carbonneau, Tonka United Soccer, addressed the Commission regarding soccer usage at Freeman Park. She. stated that a letter had been sent to all soccer teams which utilize Freeman Park, suggesting that the starting time of the second game be moved to 7 :30 p.m:"thereby easing the flow of traffic and parking congestion problems. This suggestion was very well received by all participants and parents. Missy Carbonneau also noted that the current members of the soccer board are in favor of Saturday games for next season, which will further ease the parking congestion. Ms. Carbonneau reported that their intention was to not utilize one patch of ground each evening. She explained that the soccer teams are using six modified fields, in that the children play on a 30' x 50' field instead of the marked 110' x 70' playing field. Full usage of the fields occurs 34% of the total playing time; 54% of the time they utilize only four fields in an evening. She also noted that there are 1,434 enrolled soccer participants. Regarding the numerous soccer nets and the related maintenance problems, Ms. Carbonneau suggested that a mowing schedule be shared with her so that the nets could be removed the prior evening. Engineer Brown said that this option may not be feasible due to rain, changes in scheduling, etc. Commissioner Puzak noted that some soccer nets may be tilted for mowing instead of completely removed. Ms. Carbonneau will research this suggestion. SHOREWOOD PARK COMMISSION MINUTES WEDNESDAY, MAY 28, 1997 page 4 In a letter to Tonka United Soccer from Administrator Hurm, he suggested one-third of all playing fields at Freeman Park be removed from sports activities each year for three years in order to reconstruct the fields. This maintenance program would be done in August of each year. Commissioners thanked Ms. Carbonneau for her willingness to answer their questions and concerns and her cooperative efforts to comply with their requests. Commissioner Arnst requested a schedule of soccer activities at Freeman Park to be issued to the City each year. Ms. Carbonneau supplied the Commissioners with a listing for this season. 11. NEW BUSINESS Councilmember McCarty reported that the Council approved an additional $2,000 in matching funds for sod at Badger Park football field. Donations of $5,500 have been pledged; $3,500 had been budgeted for this project from City funds. The total amount of $11,000 will cover the cost of larger sections of sod to be installed with professional equipment instead of volunteers laying the . sod. This will insure football scheduling this fall at Badger Park. Councilmember McCarty also reported that Council approved a request from the South Tonka Little League, pending a favorable recommendation of the Park Commission, for an announcement board to be placed near the concession stand. This sign will not be lighted. It will also be a free- standing sign, and will only be used during the baseball season. Engineer Brown inquired if it could be attached to the concession stand, and Chair Colopoulos stated that Little League desired a free-standing sign. Commissioner Puzak moved, Dallman seconded, to recommend approval of installation of an institutional sign to be placed in Freeman Park. Motion carried unanimously. Chair Colopoulos reported that his neighbor, John Healy, 26040 Shorewood Oaks Drive, has property abutting Field # 2 at Freeman Park. Mr. Healy inquired about a solution to children trespassing into his yard every evening chasing foul balls. Chair Colopoulos said that an effective way to alleviate the problem would be to use one uniformed player at the end of each evening to retrieve the balls from his property. This method would ensure covera~by the Little League's insurance. Commissioner Wilson suggested an angled net over home plate to curb the amount of foul balls into his property. This solution would not completely alleviate the problem, however it would decrease its occurrence. . Commissioner Puzak believed that the need to lower the incidences is important. Commissioner Packard inquired if the field is too close to the adjacent property. Chair Colopoulos explained that the fencing of the baseball field is the property line as well. Chair Colopoulos discussed the possibility of the overhang netting which would allow home plate to be moved back 2-3 feet thereby containing more foul balls within the playing area. Commissioner Arnst moved, Dallman seconded, to enlist CounciImember McCarty, Chair Colopoulos, Commissioner Puzak, and Chairman of Little League Dave Anderson, to meet with Mr. John Healy to discuss settlement of the trespassing situation in his backyard. Motion carried unanimously. Another new business item was an inquiry by Commissioner Arnst about the status of the concession trailer at Freeman Park. Commissioner Dallman remarked that a report is expected at the end of the first month's business. . . SHOREWOOD PARK COMMISSION MINUTES WEDNESDAY, MAY 28, 1997 page 5 Status of the Trail Plan Review process was mentioned. A meeting will be scheduled soon with Park Commissioners Puzak and Arnst and Administrator Hurm for information gathering and planning a time frame. Commissioner Arnst reported a Hennepin County Advisory Committee is conducting a meeting for the LRT corridor. She would like to attend the June 4, 1997 meeting. Councilmember McCarty stated her concern that the opinions of Commissioner Arnst not be confused with the Park Commission's opinion of trail activities. 12. ADJOURNMENT Commissioner Packard moved, Arnst seconded, to adjourn the meeting. Motion carried unanimously. Meeting was adjourned at 10:00 P.M. . RESPECTFULLY SUBMITTED, Wendy Anderson Park Secretary . # Cathcart Park Tour 5/28/97 . Larry Brown suggested that additional grass seed be spread around Cathcart Park. After favorable weather and grass growth/stability have taken place, public works will notify administrative staff when sports activities may resume at the park. . Cathcart Park Tennis Court - request for tennis court manners sign; other tennis courts have this sign. Manor Park Tour 5/28/97 . . Request for arborvitae to be planted on three sides of the Biff station . Graffiti on play structure: on red straight post next to spiral post . City Engineer Brown listed three options for the tennis court: . Re-surface it . Use small milling machine to remove 1/z" top surface and then overlay with 1" new surface . Full reconstruction . Brown has contacted a tennis court professional to determine which option would be most cost effective. This person will examine all tennis courts in the city. . Manor tennis court net was not in place because reconstruction was scheduled this summer; Commissioners agreed to have the net replaced during the interim. Charlie noted that this tennis court had a lot of use last year. . Suggestion of two basketball hoops in the tennis court area. . . Brown noted that the City provided baseball bases for some of the City's baseball fields. . Replacement of two trees - one died and one was run over. A question was raised about the planting of --=- trees per year within the parks. Staff will research this issue. . Several shingles are missing on the warming house roof. . A pay phone was suggested for the warming house. . Broken conduit at base of light post adjacent to the warming house. Wiring should be inspected. . Paint doors on the warming house. . Re-seeding will be done next to the pond. Silverwood Park Tour 5/28/97 · Charlie explained that dirt had been hauled in and groomed. One large section has been re- seeded. Soil is not in good condition, and grass is difficult to grow in this area. · Commissioners requested that the City's property at Silverwood Park be marked to protect encroachment from adjacent property owners. · Four tree stumps in wood chiplbush area could be trimmed down to ground level to prevent tripping on it. · Basketball net is needed. Suggestion of pricing a chain net versus a nylon net. Badger Park Tour 5/28/97 · Tennis court has crack. Tennis court expert will examine this court with other city's tennis courts. · Wood fence and arborvitae for Biff. Location to be south of the hockey rink? ~ ~ .. . . '" ~ . MAYOR !Tom Dahlberg ! CITY OF SHOREWOOD ! COUNCIL I Kristi Stover Je~nifer McCarty i Jerry O'Neill Jbhn Garfunkel 5755 COUNTRY CLUB, ROAD. SHOREWOOD, MINNESOTA 55331.8927. (61~) 474-3236 FAX (612) 474-0128 . www.state.neUshorewood . cityhall@shorewood.state.pet MEMORANDUM . TO: FROM: DA1E: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 30 May 1997 Reifenberger/Morford - Proposed Division and Combination 405 (97.13) In 1992 the City approved a division and combination of property for Mark Morford and Tom Reifenberger (see attached staff report dated 13 November 1992 - copied in yellow). The applicants failed to record the division/combination and the approval expired. They have now reapplied, having satisfied the conditions which were imposed with their '92 approval. Subject to an up-to-date title opinion, it is recommended that the division/combination be approved. cc: Jim Hurm John Dean Larry Brown Tom Reifenberger . A Residential Community on Lake Minnetonka's South Shore !SA MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne ob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUe ROAD . SHOREWOOD, MINNESOTA 55331 · (611) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen . DATE: 13 November 1992 RE: Reifenberger/Morford - Proposed Division and Combination Fll..E NO.: 405 (92.30) BACKGROUND In approximately 1989 the owners of 6130 and 6150 Church Road (see Site Location map - Exhibit A, attached) purchased a tax-forfeited lot between their properties. The current, owners, Mark Morford and Torn Reifenberger, now request approval to divide the 50-foot lot in two and combine the halves of the lot with their respective homesites (see Exhibit B). . The property is zoned R -lD, Single-Family Residential. In total the lots involved in this' application contain 37,190 square feet of area. The division and combination will result in lot sizes of 18,550 square feet (6130) and 18,640 square feet (6150). ANAL YSISIRECOMMENDATION The division and combination are consistent with Shorewood' s zoning requirements. In fact, it corrects a couple of nonconforrnities: 1) the shared lot by itself is unbuildable; and 2) the garage at 6130 will now comply with the side yard setback requirement. One problem which was revealed in the field inspection of the site is significant violation of on-site parking and outdoor storage requirements. Vehicles and recreational equipment are scattered on both properties. Section 1201.03 Subd. 5.f. prohibits parking within front yard areas, except for approved driveways. In rear yards cars must be parked in the buildable portion of the lot (Le. must meet setbacks) and be screened from view if not parked in an approved driveway. A Residential Communitv on Lake Minnetonka's South Shore . . Re: Reifenberger/Morford Subdivision/Combination 13 November 1992 It is recommended that the division and combination be approved subject to the following conditions: 1. All vehicle and recreational equipment violations must be corrected prior to release of the resolution approving the division/combination, or within 30 days, which ever occurs first. 2. The applicants must provide a drainage and utility easement, 10 feet on each side of the new lot line. These easements must be signed by all parties having an interest in the property. 3. The applicants must provide an up-to-date (within 30 days) title opinion for the shared parcel. 4. The metal shed which encroaches onto the property to the west must be relocated so: as to be no closer than five feet from any side or rear lot line. 5. Since no new lots are being created, park dedication fees and sewer access charges are not required. 6. The items listed above must be completed within 30 days. Upon completion and receipt of the Council resolution approving the division/combination the applicants must record the resolution with Hennepin County within 30 days. cc: JimHurm Tim Keane Joel Dresel Mark Morford Tom Reifenberger - 2 - ,._~ (1.' 1~r' t Ifl Al:ll:l38A\lfl:llS ... , ~... -+, 'S'~'o,; ...... .. ,\) Ij; , \J.; , v} , ' , . . ~.~ I, ll)\. . . : ___:r:;t~&....___...", . . ~} \~)R~f) 11Y'i>' j 0 ~---,. ~ '" .~J t~ o ..:z ~ .. .. ... !: . ... I .... ~;; -I ~;. .. . .... ~ ~~J ~ S-, ~ ~ tt'Ltt ').. : ~ ' :, o. -- ..~ .... -g -- ..= ell ~ ~ . i ~ it - ~ 'Ltl tt'tl ~ ~ ~ :ac. ~ ~ ~ i! ;; - ~ , ~ ,/ ~~ :I It . , .. , '" ., : : I' l!! i! -- !: -- .. F1 ~ .. on .. ~ ~ .. .... N .... :i .. = <:; s ~ .... " .... " .f.',:' .. '; i I. i , , ..' I. fl ., " I' ' ) llJ\ " l" ,1\ \,,/ () \ ') '0 '''r, ,'" . , ',~ ~ \(1"':" ,..; .-,.. III :; i on '" a: ~ d ~ to '" ( PP~I~. , ,1.li1 ~ :..''- ,'. ..: ., '\ .t ~ ,<10".1' - \':," ::l I.... I: '.,' N .... o -'.. ." \ "', ,.. = ( , ! j' . _ . ~r ''(' i '; " .;::; .... II"~,I ~~ I:l ~ " " .r ~ ~ '\,:,i ~( --..-----------...;. .. (; .... 0 -'" ... ..... .... .!:. .,.. ..I, .... ~ ------:5----.- .. ~ \J ~.- 'll ~ .. ... I' e:: ~ ~. ~ ,,\, ~ " ''\ r., , ~ Gl.' ~ ~ , , ! : Il=:.,;:: R_- r: .... II' , .e -- .... ~ e ,- ~ -e .- . Exhibit A SITE LOCATION Reifenberger/Morford - Division/Combination ....., .~.'na. _..... ......._. ._. ..__ v.vw _......... ..____ __... ~_. ...~n___...__..__ PRcrFOSED DESCRIPTION FOR NO. 6130 CHURCH ROAD: (Area Is 18,550 Sq. Ft.) The North Ha I f; of Lot 11 ai\d a 11 of Lot 12, MINNEWASHT A llriginal Description for No. 6150 Church Road: Lots 9 and 10, ItINHEWASHTA ?ROPOSED DESCRIPTION FOR NO. 6150 CHURCH ROAD: (Area Is 18,640 Sq. Ft.) Atl of Lots 9 and 10 and the South Half of Lot 11, MINNEWASHTA ~e hereby certify that this Is a true and correct representation Jf a survey of the boundaries of the land above described and )f the location of all buildings, if any, thereon and all 11sible encroachments, If any, from or on said land. Oated this 23rd day of September, 1992. CARLSON & CARLSON, INC. LAND SURVEYORS ?,~f?~ .. 6 /l,e fd.6t; 'I~ LV q/l' 1- ,... . , I f ,~ I \) ~. ~) ...0. .. ~ _M~/;/ 'i VI 5h~d q,' ,. Il\ \I) '" '" 11 ~. tJ ~: ,..8 "'! . '-:; ~. ~1 I I f - }- r:: I . I \s} It'\ '" \Q !1\ lI\ . ~ " ~ N .- 47./0 --- ~ ~ t I "- I , ) '- j ."\ \ .\tJ t/ ,\ . .~4a 0{" .---.- ,0 .J \. \ ~'I '" ~I ~I ,,,.,,f . -:d.j4e>r .8,bc~/':''p . /50,/3 #/e..;'s. . :-:'0"~ 9 .~;.r) Exhibit B PROPOSED DIVTSTON/CO~BTNATION , ~()' '6l ~"41/-- " ~ ~ ~/.s.s - -- l lti II I I \} \) ~' ~) '- ~ ~ ~ ,4.we ,. , ,.o../c ~ ~..) ~ ~ \3 f:} C' ~ ~ ti Scale.: 1":-2"0' ,A, .. ." CITY COUNCIL AGENDA ~ JUNE 9, 1997 PAGE 2 OF 2 E. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space Over 1,200 Square Feet (Att.-#5E Proposed Resolution) Applicant: Ron Hume ' Location: 25040 Yellowstone Trail F. A Motion to Adopt a Resolution Requesting That MNDOT Condemn Property (Att. - SF Planner's Memorandum and Proposed Resolution) Property Owner: Peter Lehman Location: 21285 Radisson Road 6. CONSIDERATION OF A MOTION TO ACCEPT QUOTES FOR THE FREEMAN PARK PICNIC SHELTER AND ACCEPT PLANS (Att.-#6 Engineer's Memorandum) 7 . CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH WSB & ASSOCIATES, INC. (Att.-#7 Engineer's Memorandum & Proposed Resolution) 8. CONSIDERATION OF A MOTION TO AUTHORIZING CHANGES TO THE CONSTRUCTION CONTRACT FOR THE SOUTHSHORE SENIOR COMMUNITY CENTER - CHANGE ORDER NO.3 (Att.-#8 Engineer's Memorandum) 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION FOR THE EXTENSION OF WATERMAIN, DECLARING ADEQUACY & AUTHORIZING THE PREPARATION OF A FEASmILITY STUDY (Att.-#9 Engineer's Memorandum, Petition, Proposed Resolution) 10. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE AMENDMENT TO SECTION 903 REGARDING WATER USE & SERVICE AND SECTION 1300 REGARDING MUNICIPAL FEES (Att.-#lO Proposed Ordinance) 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND -- AUTHORIZING ADVERTISEMENT FOR BID FOR SHADY ISLAND BRIDGE (Att.-#11 Proposed Resolution) 12. ADMINISTRATOR & STAFF REPORTS Staff Report on Development Monitoring 13 . MAYOR & CITY COUNCIL REPORTS Report on Meeting with Waterford Residents 14. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#14) .. Notes on Mayor's Coffee - Waterford Association Saturday, June 7, 1997 - 10:00 a.m Council Chambers at City Hall, 5755 Country Club Road. Shorewood The sign in sheet showed the following in attendance: Jerry Leising Jim Samples Paul Kozloski Sue Willemsen Jean Hinkel Amy Hinkel Tom Erdmann Rosemarie Butman Dr. Leslie Butman Jim Berdahl Jay Hare 19870 Waterford Place 19430 Muirfield Circle 19685 Waterford Place 19685 Waterford Place 19660 Waterford Place 19660 Waterford Place 19495 Muirfield Circle 5590 Old Market Road 5590 Old Market Road 19205 Waterford Place 5670 Old Market Road Also in attendance, Mayor Tom Dahlberg and City Administrator James C. Hurm. Potential Development of the Johnson Property: Those present indicated they would not be interested in an access near the pond on Waterford Place. Jim Berdahl indicated the access with the least problem would be from Waterford Circle. The Mayor indicated that there are deed restrictions that need to be contended with. He said there no longer seems to be reasonable access from the north. An access from Muirfield Circle would have very tough topography. Over time access never materialized at that location. It was noted that access from Vine Hill Road would be a very long way. The Mayor indicated the type of access he would like to see is a narrow, private kind of drive. The Mayor indicated that Mr. Johnson and the homeowners' association have a mutual interest in preserving green space. He suggested that the association consider looking at the Outlot C deed restrictions. Traffic Concerns: Jay Hare raised the topic of speed on Old Market Road. He is concerned about an increase in traffic, which is likely to get worse as the cross town is improved. He believes traffic is up 40% over the last year. He says that there are a lot of trucks and foreign traffic. He feels that many people take this short cut because it is 1.5 to 2 miles shorter than going Highway 7 to 494 south. He suggested that we get updated traffic counts. Further, he shared an article from U.S. Today on "Neighborhoods Declare War on Traffic" (attached to these notes). He suggested speed humps be installed from curb to curb on bike lane to bike lane to reduce speed. The newspaper article indicates they run about $1,500 a piece. ~ Notes on Mayor's Coffee - Waterford Association Saturday, June 7, 1997 Page 2 of 2 It was noted that Covington Road is dangerous and too narrow, but there was a further comment that improving Covington Road would only increase speed and reduce safety. It was suggested that the gravel trail along Silverwood Park should be separated from the road by a curb. People do not feel safe on that trail without some separation. Waterford Shopping Center: The question was raised on why the European Restaurant did not locate in Waterford Shopping Center. Mayor Dahlberg explained what had taken place, that the City had not changed the covenants to allow a liquor license in the shopping center. The developer was not interested in a wine and beer license. Action Item Requests: 1) 2) Get new data on speed and traffic counts. Research the feasibility of using two to three speed humps on Old Market Road to reduce speed. 3) Consider options to separate Covington Road from the trail along Silverwood Park. I Adjournment: Mayor Dahlberg ended by indicating that it is important that neighborhoods control their own destiny. There needs to be policy stability and change should be slow. The meeting was concluded at approximately 11:45 a.m. ! ~ . RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY WHEREAS, Mark Morford and Thomas Reifenberger (Applicants) are the owners of certain real property in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicants have applied to the City for a combination and resubdivisio~ of said real property into two parcels legally described in Exhibit B and illustrated on Exhibit C, attached hereto and made a part hereof; and WHEREAS, the Applicants and all other parties holding an interest in the said real property have agreed to grant to the City a drainage and utility easement legally described in Exhibit D, attached hereto and made a part hereof; and . WHEREAS, the combination and resubdivision requested by the Applicants complies in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Shorewood as follows: 1. That the real property legally described in Exhibit A be divided into two parcels, legally described in Exhibit B. 2. That the City Clerk furnish the Applicants with a certified copy of this resolution for recording purposes. . 3. That the Applicants record this resolution, together with the drainage and utility easement 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. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of June 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk --- .- '- EXISTING LEGAL DESCRIPTIONS PARCEL I (Morford'sl "Lots 9 and 10, ~1innewashta" PARCEL IT (Reifenberger'sl . "Lot 12, 1-'finnewashta" PARCEL ill (Reifenberger's and Morford's} "Lot 11, Minnewashta" . EXHIBIT A . . PROPOSED LEGAL DESCRIPTIONS PARCEL A (Morford's) "All of Lots 9 and 10 and the South Half of Lot 11, Minnewashta" PARCEL B (Reifenberger's) "The North Half of Lot 11 and all of Lot 12, Minnewashta" EXHIBIT B \ \v tJ' ~~I ~ \ ' " . '\.'\ ".t~~5 "--- $) 1 ~\ t1I~/I___ L .. ' . . . .. ~POSED DESCRIPTION fOR NO. 6130 CHURCH ROAD: (Area Is 18,550 Sq. Ft.) ~ . The North Halfiof Lot 11 a~d all of Lot 12, MINNEWASHTA . . iglnal Description for No. 6150 Church Road: Lots 9 and 10, MINNfWASHTA lPOSED DESCRIPTION FOR NO. 6150 CHURCH ROAD: (Area Is 18,640 Sq. Ft.) Atl of lots 9 and 10 and the South Half of lot 11 ,'MINNEWASHTA hereby certify. that this Is a true and correct representation a survey of the boundaries of the land above described and the location of all buildings, if any, thereon and all ,ible encroachments, If any, from or on said land. ed this 23rd day of September, 1992. '$ ~. ~.~ '--- I CARLSON & CARLSON, INC. LAND SURVEYORS f} ~0_j ~~-- ,1- ~ ."\ L- ,,} ./ ./~\ p. <J S- . , ~Ed.J4 -07 gkc~/;";o " -- - /50,./3 4/~o'$. (~<r;- "I. ....~ :'. .,L ) . ".' ...... t..... ,. '"' .-' -~,.: /.1 ~ I ~J " ~~ I?w~ r _ /,47/0' / U f-4 H e3 ~ ~ r.Ll Scale: /1/ . . QUIT CLAIM DlmD Individual (s) to Corporation or Partnership Bln\morford.qcd No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County AUditor by Deputy (reserved for recording data) flAT8 DEED TAX DUE HEREON $ Date: __O~ce~ber , 19~ FOR VALUABLE CONSIDERATION Mark H. Morford and Barbara J. Morford a/k/a Barb J. Mo.~fQrd. h~sband and wife. and Thomas M. Reifenberger. sinqle Grantor{s), hereby convey{s) and quitclaim{s) to the city of Shorewood Grantee, a under the laws of , real property in Hennepin County, Minnesota, described as follows: An easement for utility and drainage purposes over the north ten feet of the South half of Lot 11, Minnewashta, according to the recorded plat thereof, and situate in Hennepin County, Minnesota and an easement for utility and drainage purposes over the south ten feet of the North half of Lot 11, Minnewashta, according to the recorded plat hereof, and situate in Hennepin County, Minnesota I together w.ith all hereditaments and appurtenances belonging thereto. TOTAL t(J"SIDERATI~ tOR THIS TRANSACfl~ IS Ltss TIIAN S500.00. CITY OF SHOREWOOD i I 1 MAYOR Tom Dahlberg j COUNCIL I Kristi Stover Jenrifer McCarty I Jerry O'Neill Jqhn Garfunkel I I I I I .. 5755 COUNTRY CLUB. ROAD. SHOREWOOD. MINNESOTA 55331-8927. (61~) 474-3236 FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state'1et MEMORANDUM . TO: FROM: DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 30 May 1997 Waterford 5th Addition - Preliminary and Final Plat 405 (93 16) . In 1993 the City approved a plat which converted an outlot within the Waterford subdivision to a buildable lot (see attached staff report dated 28 May 1993 - copied in yellow). The developer subsequently failed to record the plat and the approval expired. Mr. Jeff Link, a buyer for the property, now wishes to follow through with the plat. Mr. Link has satisfied the conditions which were recommended in 1993. In addition, the Watershed District has confirmed that the easement which has been provided on the plat covers the WCA wetland at the rear of the property. Approval of the preliminary and final plat is recommended subject to the same conditions previously suggested, noting that the current park dedication fee is $1000. cc: Jim Hurm John Dean Larry Brown Jeff Link A Residential Community on Lake Minnetonka's South Shore ~ '. FILE BaCDngV COUNCI L ! Kristi Stover Aob Daugherty Daniel Lewis Bruce Benson . CITY OF SHOREWOOD . 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (6112) 474-3236 \ -- :MEMORANDUM -' TO: Planning ~ommission, Mayor and City Council " FROM: Brad Nielsen . DATE: 28 May 1993 RE: Waterford 5th Addition - :preliminary and Final Plat FILE NO.: 405 (93.16) BACKGROUND . When the Waterford P.U.D. was initially platted, a remnant parcel was created on the west side of Vine Hill Road, approximately 200 feet south of Waterford Place (see Site Location map - Exhibit A,' attached). The property was platted as an outlot (Outlot D) and was originally intended to be incoporated into the Covington Vine Ridge P.U.D. to the south~ When Covington Vine Ridge was platted, watershed district concerns precluded the combination of.the sites. The developer now wishes to sell Outlot D to a buyer who simplf wants- to build one house on it. Since. outlots are not buildable, the developer has submitted a final plat which changes the legal d~ption of the property from Outlot D ~o Lot 1, Block 1, Waterford 5th Addition. .. . As Can be seen on Exhibit B the propertY measures approximately 173' x-485'and contains 83,905. square feet"ofarea. --/. ANALYSIS/RECOMMENDATION /- . - The platting of this property is somewhat of a formality. It is recommended that the pla~ be approved subject to the following: . . 1. The applicant's surveyor must delineate the wetland area which covers the southwest comer of the lot. ~~t\t ( A Residential Community on Lake Minneronka's Sourh Shore . . 'Re: Waterford 5th Addition Preliminary/Final Plat 28 May 1993 ' /--~ . , 2. The applicant must provide a drainage and conservation easement for the wetland area. 3. The applicant must submit a title opinion or title commitment, up-to-date within 30 days, for review by the City Attorney. 4. The applicant must pay one park dedication fee - $750. 5. . c - The applicant must pay one sewer access charge - $1000. ...-/ 6. The plat must be recorded within 30 days of the Council's approval of the plat. cc: Jim Hurm Tim Keane Joel Dresel Randy Travalia -,' -2- I ~ 1.0 l.JI :'.J-! "d r) ~..f .. ... ..~. '- \0 \D ....,..- 'f , i i i r"i --; 1', I: ,. .::i.\.li\ ...- "'-~"~L1-_. .Mu IZ..91700 S ---..... :4 ~tUaWa~03 hf!/!fnJ) ........... I I I I I I Ol'-'~ I I I~ ICS . /'11: - I r(\- ctl~ I~ ~ IZ ! I I I I I I I . I I I CJ I I I " ,.,o{ L V"'" -. '-01 I I (- I I I S I u1 WI T$I (\J ~I \ . ,/\ \ ~.... UJI \-. I ./ 0 :~'... .1 ......J ~ ~,... I '-1.",/. ,. . \ ..../ \ \ #1 \ ..)) r-- ~.... I\.' 0 '-:-.. J C) .L"fWS3 ht!/!In? "boUIOJaf~' I 0 \ ..... '. I - ....... . \. L-1-.3..9~I~ceoON--jLJ "'-19' ~LI-... -- ....... , .} \.~.. ',- ... . ~... ~~1 ~:.- k () ". -.. ......: ....- cc.:CJ:: <! W I.JJ I- _J () Ld '1"'\ 1._., .-, l....J rOo;' .1... iJJ Z o 0:: o . 1.l..01I+-l O::a)c.n ~ cu . ~:S:J: :;J:s.;.VI -~-g C .0 I+-oou +-lQCU o VI :; ~\O ::: ..... ('l') os.. n$VI 4-a.lcu c: o..o+-l ; ~1~ +-l ...c: vl ('l') o +-l~ c: :::VI cu Odcu o c.nrr:iCU .s- QJ~C'1 ..c:n:lICU l-- .c: "0 ::-,. . +-l c: cu e ::: c: o e o --. ..:::' () r'- Exhi~it B FIN ~L PLAT cr; L--' 1 . .1 ';Ii RESOLtJTION NO. 57 -93 A RESOLUTION APPROVING THE FINAL PLAT OF WATERFORD 5TH ADDmON WHEREAS, the final plat of Waterford 5th Addition has been submitted in the manner required for the platting of land under the Shorewood City Code. and under Chapt~r 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and I WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and. th~ regulations and requirements of the laws of the State of 1finnesota and the City Code of tfie City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . 1. That the plat of Waterford 5th Addition is hereby approved. 2. That the approval is specitlcaIly conditioned upon the applicant recording th~ Declaration of Restrictions attached hereto and made a part hereof. 3. That the Mayor and City Administrator/Clerk are authorized to execute' the Certificate of Approval for the plat on behalf of the City Council. 4. That this final plat and the Declaration of Restrictions shall be recorded witlin 30 days of the date of certification of this Resolution. . BE IT FURT.dER RESOLVED, that the e.,,<:ecution of the Certificate upon said platiby the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance: therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further fonnality, all in compliance with Minnesota Statutes and the Shorewood City Code. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of June, 1993. ~~~~~ ROB DAUGHERTY, Acting Mayor A TIEST: I / j ., ! I .... . :'/ .I. . .., 4. ., I .Y' . '.' ,~.' ( :\VI j .': /, \ .",.,. \ ". .. /. J ~ J~VfES C.HU&\1 City Administrator/Clerk A+4'uh~"1 Z- Third Draft - 07/a~/93 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARA.TION is made this t,tk day of .:J.; b ' 1993, by Trivesco, a Minnesota general partnership ("Declarant"). RECITALS A. Declarant is the owner of real property located in the County of Hennepin, State of ~~nnesota, described as: Lot 1 , Block 1, Wa terford 5 th Addition, according to : the recorded platt.i.ereof (the "Real property"). . B. On Jll.4'"1e 14, 1993, the City Council of the City; of Shorewood, ~..innesota (the "Ci tv") .... ... approved the final plat! of - Waterford 5th Addition. As a condition of such plat apprmral, ithe Ci ty Council has required Declarant to execute and record ~his Declaration in order to impose certain restrictions on the use land improvement of the Real Property. C. Dec~arant has agreed to execute and record this Declaration for the purpose of satisfying the above condition of 4It final plat approval. NOW, THEREFORE, in consideration of the foregoing recita:ls, Declarant hereby declares that the Real Property shall be heild, transferred, leased, improved, occupied and developed subject' to the following conditions and restrictions: ARTICLE I. ~~~~D USE JU~D BUILDING TYPE Section 1. The Real Property shall be used for residential purposes only. Residential purposes include single family dwellings and attacheaor detached garages, swimmingpocls, tennis c:\ file \ cnvesco \ wateo.dec courts and attendant structures, . such as storage sheds, caban~s, and a house/shed or shelter for permitted.pets. No dwelling'shall be erected, altered or placed on the Real Property or oermittedito - i remain there other than one detached single family dwelling not,to exceed two stories in height, as measured from grade. In the event the dwelling includes a walk-out basement, the basement shall ~ot be counted as a sto~I' The aggregate garage space on the REial Property shall not exceed space for three cars plus reasona~le . storage space. Section 2. All structures constructed or placed on the R~al Property shall be totally completed on the exterior thereof wit4in - nine months after commencement of construction. ARTICLE II. ARCHITECTURAL CONTROL Section 1. No dwelling, building, driveway, walkway, wall, fence, garage, aerial, antenna, wi~e, pipe, mailbox, mailbox sta~d, exterior ornament, swimming pool, landscaping, or other structure . . (herein "Improvement") shall be constructed , altered / improved or placed upon the RE;al Property without prior written approval by Declarant of .the plans and specifications for the Improvement, including site location thereof. Section 2. Eefore construction of any Improvement is cormnenced, the owner of the Real Property shall submit to tihe Declarant/ one (1) complete set of architectural plans ~nd specifications (including, without IL~itation, full site pla~s, exterior materials and drive<Nay plan), in care of Declarant iat 14201 Excelsior Eouleva_rri, M'nnetonka - ._.:.~. , Minnesota 55345. c:\filc:\ triv=o\ watc:o.dc:c 2 Section 3. Within forty-eight (48) hours of receipt bf architectural plans and specifications, the Declarant shall approV"e the plans and specifications, e~ceptthat Declarant may disappro~e plans and specifications only for one or more of the followiFlg reasons: a. Noncompliance with this Declaration; . b. Failure of the exterior of the proposed Improva~ents to be of a style compatible with, or failure of a dwellipg to be of the same general size, quality of const~~ctipn and price range as, the dwellings constructed in Waterford and Waterford, 2nd Addition; Failure of a dwelling or fence to be placed and orient~d on the Real Property in a manner compatible to the dwellings built in Waterford and Waterford, 2nd Addition and in a_manner compatible with the terrain of the Real Property; c. d. Failure of a fence to be comoatible with irnorovements on adjoining lots, and with the character of Waterfcrd and Waterford, 2nd }~dition as a whole, in terms of height, location, design, materials and/or obstruction of view$i and . e. Failure of the plans and specifications to information necessarv to evaluate the characteristics. - show all foregoiJ;1g . The Declarant's determinations concerning the plans and specifications shall be conclusive. If the Declarant disapproves the plans and' specifications, it shall notify the purChaser/owner of the Real Property in writing of the reason for such disapproval and, in the case of the plans and specifications, the deficiencies which must be cured to obtain approval. Section 4. If construction of any Improvement is co~~enc$d without approval of the plans and specificationsJ or . -F .1-.... construction of any Improvement is completed not in accordance with the approved plans and specifications, Declarant may bring an c:\filc\criv=o\ ?Jatco.dec .. ..) action to enjoin further construction and to compel the owne~ of the Real Property to conform the Improvement to the plans and specifications approved by the Declarant, provided that such ac~ion shall be commenced and a notice of lis pendens shall be filed no later than ninety (90) days after the date on which the Certificate of Occupancy is issued by the appropriate municipal authority.! Section S. The Declarant shall retain all plans ,and specifications submitted to it, and a record of all actions t~ken with regard to them. . Section 6. Declarant shall be concerned .about aestheitic , characteristics only and shall not assert architectural i or - I engineering expertise in its review of plans and specificatiolns. Declarant may only request design modifications in the interes~ of producing ov~rall Improvements that are complimentary to or compatible with the dwellings constructed in Waterford and Waterfordr 2nd Addition. It is the sole duty and responsibility of the ow-ner of the Real Property to employ an architect or otlher . qualified person to design any Improvements an~ any requesrted modifications in .;. safe and architecturally sound manner. The owner of the Real Property, and the owner's heirs, successors and assigns waive any right to claim damages from Declarant or its general partners as a result of plans and specifications furnished to Declarant or Declarant's review and approval of plans, specifications. Declarant shall not be responsible or liable to any owner of the Real Property, or anyone claiming under or thro~gh any such owner, in any manner whatsoever for any defect in ~ny plans or specifications submitted to Declarant, nor as re'Tised, at: c:\f:lc\ trivcs.:::\ watco.d:::: 4: Declarant's request, or for any work done pursuant to the reque~ted I changes of said plans and specifications. Section 7. The provisions of this A-rticle II, except I for Section 6, shall terminate 90 days after the date of issuanc~ by the City of Shorewood of a final Certificate of Occupancy for ,the single family residential improvements initially constructed onithe Real Property by the owner of the Real Property. The provision$ of Section 6 of this Article II shall be perpetual in duration. J...RTICLE III. . STRUCTURE LO~~TION No structure shall be located on the Real Property neare~ to - the front line or_nearer to the side lot line than the mini~urn building setback lines permitted by applicable ordinances of ~he ARTICLE IV. BUSINESS ACTIVITIES No business may be continuously conducted or operated in or from the Real Property which causes inconveniences, excessive traffic, excessive parking congestion or undue annoyance to the c:\file\ tnve:;.:o\ wate::i.de:: 5 . neighborhood. ARTIC!.E V~ NUISANCES No noxious or offensive activity shall be carried on upon the Real Property, nor shall anything be done thereon.which may bet or may become an annoyance or nuisance .to the neighborhood. ARTICLE VI. TEMPO~~Y STRUCTURES No structure of a temporary character, recreational vehiqle, or other outbuilding I trailer, basement, tent, shack, garage, barn shall be used on the Real Property at any time as a residence either temporarily.or permanently. ARTICLE VII. STO~~GE OF VEHICLES, ETC. All recreational vehicles, trailers, boats, snowmobiles land wheeled or'tracked vehicles (not including passenger cars or any equipment used in construction or repair of the Real Propel:!ty) . shall be stored within a garage or enclosure on the Real Prope~ty, and shall not be visible from outside the Real Property. ARTICLE VIII. DRIVEWAYS All driveways shall be hard-surfaced. ARTICLE IX. NONPERMITTED STRUCTURES No television satellite dishes, or radio or television antenna towers, or electric generating windmills or other similar structures shall be permitted, provided however, that tele'Tisii.on c:\ me\ trivesco\ wate::i.clec 6 satellite dishes may be permitted if it can clearly be demonstrajted to the Declarant that no adverse imoact will be suffered by anvlot - - - in Waterford or Waterford, 2nd Addition. No antenna of any slort shall be installed or maintained which is visible from the fron4 of neighboring lots in Waterford or Waterford, 2nd Addition unless it can clearly be demonstrated to the Declarant that 'no adverse impact will be suffered by any lot in Waterford or Waterford, 2nd Addi-yion or unless such neighboring lots tt.i.emselves have sat.ellite dishe$ or antennae visible from the Real Property. . lLR.TICLE X. LIVESTOCK J...ND POULTRY - No animals, livestock or poultry of any kind shall be raisled, bred or kept on the Real Property, except tt.i.at dogs, cats and o~her household pets may be kept, provided that they are not kept, ored or maintained for any commercial purposes. No more than two dats and/or dogs shall be kept by the Owners of the Real Property at :any one tL~e except that a litter of kittens or puppies may be ~ept . until one month after they are weaned and except that more. than two household pets .may be kept provided they do not constitute a nuisance. A.R.TICLE XI. E.:;.5 E!1ENTS Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat; of Waterford, 5th Addition. Within these easement.s, no st.ructiure shall be placed or permitted. to remain '..;hich may damage or interfere with the installation and maintenance of utilities or c: \file \ triv=o\ wace::i.cle:: . . which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of wa!t:er through drainage channels in the easements, except that a bi tuminous or concrete dri veway or walk .which does not impede surface water runoff and drainage may be installed and maintained across the easement subject to disturbance for installation and maintenance of utilities. Easement areas and all improvements in them shall be maintained continuously by the owner of the Real Property, except for those improvements for which a pub~ic authority or utility company is responsible. ARTICLE XII. .RUBBISH The Real Property shall not be used or maintained as a dumping ground for rubbish, except construction debris during construction of Improvements. Said construction debris shall not be allowed I to accumula te and remain on the Real Property. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for storage or disposal of s~ch material shall be ~ept in a clean and sanitary condition. ARTICLE X.III. SOIL, GR.lillING No sod, soil, sand, gravel or timber, shall be sold or removed from the Real Property, except for the purpose of excavating for the construction or alteration of Improvements on said premises!or appurtenances thereto, or for the proper grading thereof, or for landscaping, or for road improvements. c: \:'He \ criv=o \ W3ce::i.ce:: 8 ARTICLE XIV. SIGNS No signs of any kind shall be displayed to the public view on the Real Property except as follows: a. Notwithstanding any of the prov1..s1..ons set forth belcbw, all signs erected on the Real Property shall .conformito sign ordinances of the City as amended from time to time or variance thereto approved by the City Council. . After initial construction of single family resident~al improvements on the Real Property, one sign of not m~re than six (6) square feet in area advertising the R$al Property for sale is permitted. b. . AH.TICLE XV. TE&'1 ~ This Declaration of Restrictive Covenants shall run withti~le to the Real Property and shall be a servitude thereof, and shall ibe binding on all of the parties hereto, upon all persons claim~ng under them, and upon all purchasers of all or any of the Real Property so-described herein and their heirs, assigns, mortgag~es and successors-in-interest. All of the provisions of this . Declaration shall remain in full force and effect until twenty (~O) years from the d?te hereof r at which time they shall ceaSie. Notwi thstanding the foregoing, the provisions of Article II of this Declaration, except for Section 6 thereofr shall te~inate 90 da~s after the date of issuance by the City of the final Certificate of Occupancy for the initial single family residential improvements constructed on the Real Prooertv. - ... A.~TICLE XVI. SEVE~..BILITY Invalidatlon of anv one or more of the provisions of th~s c: \file \ criv=o \ ':Wceo.de:: 9 e e. Declaration by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect unt~l the date of expiration. ARTICLE XVII. ENFORCEMENT Only Declarant shall have the right to enforce the provisions of this Declaration by proceedings in its own name in law to i recover damages or in equity to restrain violation, against a~y person violating or attempting to violate any covenant or provision hereof. Failure to enforce any of the provisions of th~s Declaration in any particular instance shall in no event be deem.d to be ~ a waiver o.f so as to any subseCl'ueIilt .- : the right to do violation. IN WITNESS wttEREOF, Declarant has caused this Declaration ~f Restrictive Covenants to be executed as of the date and year first above written. Trivesco By By Robert H. Mason, Inc., Partner BYW~. Its ~/~ c:\ file: \ tri',=o \waceo.ce::: 10 By Highland Partner By Properties, ~, ... ... . " '\\ Inc. STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged this ~~ day ~f ~ ,1993 I by Paul N. Steiner, a partner of Tri vesco I i a M:inn ota partnership, on behalf of said partnership. STATE OF MINNESOTA. ) )SS COUNTY OF HENNEPIN ) KATHLEEN G. GYORA NOTARY ?U3UC. MINNESOTA HENl'.'€?lN COUNTY IS( CCMMISSOCH EXPIRES 7-&-96 e The foregoing instrument was acknowledged this ~QL day of ~ ' 1993, by RA-NJ) II W. TRAv',4L..14 I the PR~.s/1JeN'" , of Robert H. l-f..a.son, Inc., a ,Minnesota corpora tion, a partner of Trivesco, a Y.innesota partnership, oln behalf of said pa~~ership. e. dv~j~rL 11. ~~. Ndtary Public IJ STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) r.A THLEEN G. GYORF! NOTARY PU3UC. MINNESOTA ~ foregoing instrument was acknowledged this ~day Of,' , 1993, by &R k '2.:Fa N €:S , the PR... tE'-S I D fT JJT , of Highland Properties, Inc. , a Minnesota corporation, a partner of Trivesco, a Y~nnesota partnership, on behalf of said partnership. ~H~....~~. C:\fiIc \ triv=o\ wate:rS.dcc r~?Fis,,'~-'~'~:;~~~~;;~~~~~9~~'-~{ ; {y;....J..",: -:':'. ".,;:. .', .. ~':..~....:~~ . ;":::;l":::'(:' A ;; ~ r~:'i\.._ ",,~.::. !'; Hc.':;'~[:i=lN CCUNTY .. L ...:~>>I ~y e:..1',a..ilS.3lC'~ EX?lP.E5 7.a-;5 ! .. .,'...... .... .. ~ . __,;~ 11 ", "'1"4~1 11 . .0 .. THIS INSTRUMENT WAS DRAFTED BY: Vesely, ~.iller & Steiner 400 Norwest Bank Building 1011 First Street South Hopkins, Minnesota 55343 ..' c: \file \ trivesco \ waterS.ace 12 ~ RESOLUTION NO. A RESOLUTION APPROVING THE PRELIMINARY PLAT. AND FINAL PLAT OF W ATERFORD 5TH ADDITION WHEREAS, the preliminary plat of Waterford 5th Addition has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and aU proceedings have been duly had thereunder; and WHEREAS, the final plat ofWaterford 5th Addition has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1 . That the preliminary plat of Waterford 5th Addition is hereby approved. 2. That the final plat of Waterford 5th Addition is hereby approved. 3 . That the approval is specifically conditioned upon the applicant recording the Declaration of Restrictions attached hereto and made a part hereof. 4. That the Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat on behalf of the City Council. . 5 . That this fmal plat and the Declaration of Restrictions shall be recorded within 30 days of the date of certification of this Resolution. . BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of June, 1997. Tom Dahlberg, Mayor ATIEST: JAMES C. HURM City Administrator/Clerk .. Third Draft - 07/02/93 DECLARATION OF RESTRICTIVE COVENANTS OUkv~"D~ to ~ v~J is made this ~ day of :J.; l::1 ' 1993, Ita general partnership ("Declarant"). RECITALS ; the owner of real property located in the :ate of Minnesota, described as: . Waterford 5th Addition, according to the ~reof (the "Real Property"). 1993, the City Council of the City of (the "City") approved the final plat of - Waterford 5th Addition. As a condition of such plat approval,the City Council has required Declarant to execute and record this Declaration in order to impose certain restrictions on the use and improvement of the Real Property. C. Decl,arant has agreed to execute and record this Declaration for the purpose of satisfying the above condition of . final plat approval. NOW, THEREFORE, in consideration of the foregoing recitals, Declaranther'eby declares that the Real Property shall be held, transferred, leased, improved, occupied and developed subject to the following conditions and restrictions: ARTICLE I. LAND USE AND BUILDING TYPE Section 1. The Real Property shall be used for residential purposes only. Residential purposes include single family dwellings and attached or detached garages, swimming pools, tennis c: \filc \ trivcsco \ W1Itco.dcc courts and attendant structures, such as storage sheds, cabanas, and a house/shed or shelter for permitted.pets. No dwelling shall be erected, altered or placed on the Real Property or permitted to remain there other than one detached single family dwelling not to exceed two stories in height, as measured from grade. In the event the dwelling includes a walk-out basement, the basement shall not be counted as a story. The aggregate garage space on the Real Property shall not exceed space for three cars plus reasonable storage space. . Section 2. All structures constructed or placed on the Real Property shall be totally completed on the exterior thereof within - nine months after commencement of construction. ARTICLE II. ARCHITECTURAL CONTROL Section 1. No dwelling, building, driveway, walkway, wall, fence, garager aerial, antenna, wi~e, pipe, mailbox, mailbox stand, exterior ornament, swimming pool, landscaping, or other structure . (herein" Improvement") shall be constructed, altered, improved or placed upon the R~al Property without prior written approval by DeclarantCCor.the plans and specifications for the"Improvement, including site location thereof. Section 2. Before construction of any Improvement is commenced, the owner of the Real Property shall submit to the Declarant, one (1) complete set of architectural plans and specifications (including, without limitation, full site plans, exterior materials and driveway plan), in care of Declarant at 14201 Excelsior Boulevard, Minnetonka, Minnesota 55345. c: \file \ trivcsco \ W1Iteo.dec 2 Section 3. Within forty-eight (48) hours of receipt of archi tectural plans and specifications, the Declarant shall approve the plans and specifications, except that Declarant may disapprove plans and specifications only for one or more of the following reasons: a. Noncompliance with this Declaration; b. Failure of the exterior of the proposed Improvements to be of a style compatible with, or failure of a dwelling to be of the same general size, quality of construction and price range as, the dwellings constructed in Waterford and Waterford, 2nd Addition; . c. Failure of a dwelling or fence to be placed and oriented on the Real Property in a manner compa tible to the dwellings built in Waterford and Waterford, 2nd Addition and in a_manner compatible with the terrain of the Real Property; d. Failure of a fence to be compatible with improvements on adjoining lots, and with the character of Waterford and Waterford, 2nd Addition as a whole, in terms of height, location, design, materials and/or obstruction of views; and e. Failure of the plans information necessary characteristics. and specifications to show all to evaluate the foregoing . The Declarant's determinations concerning the plans and specifications shall be conclusive. If the Declarant disapproves the .p1:ans:and- specifications, it shall notify the pu-rchaser/owner of the Real Property in writing of the reason for such disapproval and, in the case of the plans and specifications, the deficiencies which must be cured to obtain approval. Section 4. If construction of any Improvement is commenced without approval of the plans and specifications, or if construction of any Improvement is completed not in accordance with the approved plans and specifications, Declarant may b::-ing an c: \file \ trivcsco\ water5.dec 3 action to enjoin further construction and to compel the owner of the Real Property to conform the Improvement to the plans .and specifications approved by the Declarant, provided that such action shall be commenced and a notice of lis pendens shall be filed no later than ninety (90) days after the date on which the Certificate of Occupancy is issued by the appropriate municipal authority. Section 5. The Declarant shall retain all plans and specifications submitted to it, and a record of all actions taken wi th regard to them.o . Section 6. Declarant shall be concerned .about aesthetic characteristics only and shall not assert architectural or - engineering expertise in its review of plans and specifications. Declarant may only request design modifications in the interest of producing ov~rall Improvements that are complimentary to or compatible with the dwellings constructed in Waterford and Waterford, 2nd Addition. It is the sole duty and responsibility of the owner of the Real Property to employ an architect or other . qualified person to design any Improvements and any requested modifications in C;. safe and architecturally sound manner. The owner of the Real Property, and the owner's heirs, successors and assigns waive any right to claim damages from Declarant or its general partners as a result of plans and ~pecifications furnished to Declarant or Declarant's review and approval of plans, specifications. Declarant shall not be responsible or liable to any owner of the Real Property, or anyone claiming under or through any such owner, in any manner whatsoever for any defect in any plans or specifications submitted to Declarant, nor as revised at c: \filc \ trivesco \ wate::5.dcc 4 Declarant's request, or for any work done pursuant to the requested changes of said plans and specifications. Section 7. The provisions of this .l\rticle II, except for Section 6, shall terminate 90 days after the date of issuance by the City of Shorewood of a final Certificate of Occupancy for the single family residential improvements initially constructed on the Real Property by the owner of the Real Property. The provisions of Section 6 of this Article II shall be perpetual in duration. ARTICLE III. . STRUCTURE LOCATION No structure shall be located on the Real Property nearer to - the front line or _ nearer to the side lot line than the minimum building setback lines permitted by applicable ordinances of the City in effect as of the date hereof, or of the requirements as stated in the Planned Unit Development Agreement (the "P.U.D.") in effect governing the Waterford Planned Unit Deve~opment. In the event a discrepancy exists, the provisions of the P. U. D. shall . govern. . Any application for a variance therefrom must be approved by the Developer prior to presentation to the City. This section is in:tended =to define the procedure for application---for variance from the requirements of this Declaration, and does not impair an individual's right to request and obtain a variance from the City. ARTICLE IV. BUSINESS ACTIVITIES No business may be continuously conducted or operated in or from the Real Property which causes inconveniences, excessive traffic, excessive parking congestion or undue annoyance to the c: \file \ trivcsco\ waterS.dec 5 neighborhood. ARTICLE V. NUISANCES No noxious or offensive activity shall be carried on upon the Real Property, nor shall anything be done thereon which may be, or may become an annoyance or nuisance to the neighborhood. ARTICLE VI. TEMPORARY STRUCTURES No structure of a temporary character, recreational vehicle, .. trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on the Real Property at any time as a residence either temporarily.or permanently. ARTICLE VII. STORAGE OF VEHICLES, ETC. All recreational vehicles, trailers, boats, snowmobiles and wheeled or'tracked vehicles (not including passenger cars or any equipment used in construction or repair of the Real Property) . shall be stored within a garage or enclosure on the Real Property, and shall not be v~sible from outside the Real Property. ARTICLE VIII. DRIVEWAYS All driveways shall be hard-surfaced. ARTICLE IX. NONPERMITTED STRUCTURES No television satellite dishes, or radio or television antenna towers, or electric generating windmills or other similar structures shall be permitted, provided however, that televis~on c: \file\ttivcsco \ watcrS.dcc 6 I satellite dishes may be permitted if it can clearly be demonstrayed to the Declarant that no adverse impact will be suffered by any ~ot I i in Waterford or Waterford, 2nd Addition. No antenna of any sqrt i I shall be installed or maintained which is visible from the front IOf neighboring lots in Waterford or Waterford, 2nd Addition unless lit i can clearly be demonstrated to the Declarant that 'no adverse impact will be suffered by any lot in Waterford or Waterford, 2nd Addition or unless such neighboring lots themselves have satellite dishes or antennae visible from the Real Property. ~ ARTICLE X. LIVESTOCK AND POULTRY - . No animals, livestock or poultry of any kind shall be raised, bred or kept on the Real Property, except that dogs, cats and other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes. No more than two cats and/or dogs shall be kept by the owners of the Real Property at any one time except that a litter of kittens or puppies may be kept ~ until one month after they are weaned and except that more than two household pets ,may be kept provided they do not constitute a nuis'ance.--= -' ARTICLE XI. EASEMENTS Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat of Waterford, 5th Addition. Wi thin these easements, no structure shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or c: \file \ triv=o \ watcrS.dec 7 which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements, except that a bi tuminous or concrete driveway or walk .which does not impede surface water runoff and drainage may be installed and maintained across the easement subject to disturbance for installation and maintenance of utilities. Easement areas and all improvements in them shall be maintained continuously by the owner of the Real Property, except. for those improvements for which a public e. authority or utility company is responsible. ARTICLE XII. .RUBBISH The Real Property shall not be used or mainta.ined as a dumping ground for rubbish, except construction debris during construction of Improvements. Said construction debris shall not be allowed to accumulate and remain on the Real Property. Trash, garbage or other waste shall not be kept except in sanitary containers. All e . incinerators or other equipment for storage or disposal of such material shall be ~ept in a clean and sanitary condition. ARTICLE X.III. SOIL, GRADING No sod, soil, sand, gravel or timber, shall be sold or removed from the Real Property, except for the purpose of excavating for the construction or alteration of Improvements on said premises or appurtenances thereto, or for the proper grading thereof, or for landscaping, or for road improvements. c: \file \ triv=o \ wateo.dec 8 ARTICLE XIV. 'SIGNS No signs of any kind shall be displayed to the public view on the Real Property except as follows: a. Notwithstanding any of the prov~s~ons set forth below, all signs erected on the Real Property shall conform to sign ordinances of the City as amended from time to time or variance thereto approved by the City Council. After initial construction of single family residential improvements on the Real Property, one sign of not more than six (6) square feet in area advertising the Real Property for sale is permitted. b. ~ ARTICLE XV. TERM - This Declaration of Restrictive Covenants shall run with title to the Real Property and shall be a servitude thereof, and shall be binding on a~l of the parties hereto, upon all persons claiming under them, and upon all purchasers of all or any of the Real Property so-described herein and their heirs, assigns, mortgagees and successors-in-interest. All of the provisions of this ~ Declaration shall remain in full force and effect until twenty (20) years from the d~.te hereof, at which time. they shall cease. Notwi "Ehsta.ndifig the foregoing, the provisions of Article II of this Declaration, except for Section 6 thereof, shall terminate 1Q days after the date of issuance by the City of the final Certificate of Occupancy for the initial single family residential improvements constructed on the Real Property. ARTICLE XVI. SEVERJl...BILITY Invalidat~on of anyone or more of the provisions of this c: \me \ trivesco \ wateo.dec 9 . .. Declaration by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect until the date of expiration. ARTICLE XVII. ENFORCEMENT Only Declarant shall have the right to enforce the provisions of this Declaration by proceedings in its own name in law to recover damages or in equity to restrain violation, against any person violating or attempting to violate any covenant or provision hereof. Failure to enforce any of the provisions of this Declaration in any particular instance shall in no event be deemed - to be a waiver Qf the right to do so as to any subsequent violation. IN WITNESS WHEREOF, Declarant has caused this Declaration of Restrictive Covenants to be executed as of the date and year first above written. Trivesco By ./J~~ ~~~ P'aul N. Ste~ner;" Partner By Robert H. Mason, Inc., Partner 8Y~~' Its ~/~ c: \file \ trivcsco \ waterS.dec 10 By Highland Partner Properties, ~, " ... . '.. \. Inc. , By STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) ~The foregoing instrument was acknowledged this ~~ day of , 1993, by Paul N. Steiner, a partner of Trivesco, a M"nn ota partnership, on behalf of said partnership. STATE OF MINNESOTA. ) )SS COUNTY OF HENNEPIN ) KAnlLEEN G. GYORA OOT ARY PU3UC. MINNESOTA HENi\'EPlN COUNlY lS'( ccMMlSSOCH EXPIRES 7~1l6 . The foregoing instrument was acknowledged this ~6l day of ~ ' 1993, by RA-tJJ) 'I W. TRAvALIA. , the PR~.s/J)!!N7 , of Robert H. Mason, Inc., a Minnesota corporation, a partner of Trivesco, a Minnesota partnership, on behalf of said partnership. ~11.~~' N ary Public .. .. STATE OF MINNESOTA ) )SS ) COUNTY OF HENNEPIN ~~ foregoing instrument was acknowledged this ~ day of , 1993, by .MAR k Z.:Fa N g:S , the fJi2 e-..! I D l!!i" JJ7 ,of Highland Properties, Inc. , a Minnesota corporation, a partner of Trivesco, a Minnesota partnership, on behalf of said partnership. ~li~' ~~. c: \file \ triv=a \ wate:5.dec ~"""~:'''..''.' .~_.'.r t..,.....:-,J'o.......,..........:~~...-.c.,.......~_.~; t .. r . . -I ,.'.t I.,.... - ..- ~, ..... -., ~_.""":-. ., ~...i-:-...:<>. . ;'~.~.T:::.:;:.:;~.:;>..'::;L'::.~~7 ~ i ~I,". '1,.-. '. '" r".."'..........""-- A .. ,.r~.~~..';,i ,.....~.:;:...:-;:-!N courrrv .. ~.%, n. . I ,.C. ',,-., ~ L':~~';::;i 'My CC+,;Ml:>3lCt~ EXPIRES 7~;G ~ "'''''''.' _ - J 4 -,) _,~,~~ 6 I"~ ' I 11 ',., .. . .. THIS INSTRUMENT WAS DRAFTED BY: Vesely, Miller & Steiner 400 Norwest Bank Building 1011 First Street South Hopkins, Minnesota 55343 -.... c:\file \ triv=:o \ wa terS.dec 12 ~ MAYOR Tom Dahlberg CITY OF SHOREWOOD COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY CLUB. ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 FAX (612) 474-0128 . www.state.net/shorewood . cityhall@shorewood.state.net MEMORANDUM . TO: FROM: RE: DATE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen Bruce, James - C .D.P for Accessory Space in Excess of 1200 Square Feet 30 May 1997 405. (97.14) BACKGROUND . James Bruce has applied for a building permit to construct a new home on the property located at 20445 Radisson Road (see Site Location map - Exhibit A, attached). Since the garage for the home will be greater than 1200 square feet in area, Mr. Bruce has requested a conditional use permit, pursuant to Section 1201.03 Subd. 2.d.(4) of the Shorewood Zoning Code. The property is zoned R-lNS, Single-Family Residential/Shoreland and contains approximately 52,000 square feet in area. As shown on Exhibit B the proposed home and attached garage sits at the high point of the subject property. The new garage contains 1728 square feet of area (see Exhibit C). The proposed home contains 2144 square feet on the main floor alone, not including the walkout level. Exhibit D shows the front (northeast) elevation of the home and garage. ANAL YSIS/RECOMMENDATION Section 1201.03 Subd. 2.d.(4) of the Zoning Code sets forth criteria for granting conditional use permits for accessory space over 1200 square feet. Following is how the applicant's plans comply with the Code: a. The total area of accessory buildings (1728 square feet) does not exceed the floor area (2144 square feet) above grade (main floor) of the existing home. b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the R-lAfS zoning district (.10 x 40,000 = 4000 square feet). c. The proposed house and garage comply with R-WS setback requirements. The applicant's plans show proposed hard cover at 15 percent. This is well within the Shoreland District maximum requirement of 25 percent. A Residential Community on Lake Minnetonka's South Shore sc, .. . Re: Bruce, James C.U.P. for Accessory Space 30 May 1997 page two d. Since the new garage is an integral part of the proposed house architectural compatibility is not considered to be an issue. It should be noted that the overhead doors for the garage are located on two different elevations of the building. Based upon the preceding analysis, it is recommended that the applicant's request for a conditional use permit be granted as proposed. cc: Jim Hurm John Dean Larry Brown Joe pazandak James Bruce -" LOt 2 " 2545. 14 RES ~ GOVT LOT 3 , . \ ~ ".>.... ... . t' . --- ..- ... .... ~ (~5)' \ I Q!lT;; ...., LOT 41 , ".J ~ .. I \ ., ~\ . ..., ...... I '\ ~\I ~ .,." : \.a\' ....... . .,...;' ...... 1 r ..~... ."~,, ';\6 ~ .." I L ......" ;" ... .-" ":1J6.... .. . \r" '" l' ~ .. .. .. t '. ... w:po'l.l .~I.. .,'" ... ~QT 7' _0... ,ot,Di. '. ,AT -.," ..- 1\ ... I~ ... . <: . ~~~'~~~~'\~. W~..-.-...~ ..\T'~' 0'\, ..... "" .", ..... .." . , -",-...- :.. I - I - ~1i.l - f ~ '. I _______ - S "" 9 - ~~.t I L~l . }4 I;~. 4~. Subject Property C~~ OF kl!!S~~ ~ Ch.-, 40;;)+ ~~ ~~.Q... .......-........................................................-..-.-..--............... ~.--_._..._...-_..-.........._._.._.._._._--.-....-_... ~ NORTH ( 5) 111 = 200' Exhibit A SITE LOCATION Bruce - C.U.P, J '-, : , I g ~ j ~ ! I ~ ' ; ~ '. ~ ff m ! ~ ()I I 7\ NORTH ~ I J ~ J ~ .. / '~6t:>' ! I (') ; l t'1 .~ ! i ~ . , , ~ I I ~ I i j R ~ i .0-; f'i Nt 1 ! I II~ ~ I ; '-- : Qf3 \\"- ~ '. ,....... '"' Qj ~ (\0 - \) 0 ~6 ~ II 0' 1..1 0 " ..... ~ --(J ~ 1 . " 'j' I ! I ~ I I ' I ! I ,: 1/ ;' I i . ; , ; ; " i: . : I .! i I I . , : . ~ 1 : " ; \' ..\' \ Exhibit B PROPOSED SITE PLAN \ '\-t, ~ ,..." ;, ~ ~ . \I \ ........... . . ::0," ,0. _ CD 0 t e- V> 1:1 ~ \~ ~ '-~ ~ ~ ~ -i-I'. ' " ,~ \\~~! .~1' ~' Ii qi 1-J i '," 11. 'I Ii~ " ~ ,~if ~" ~~. VI ~ ~; J \1' ir: el b: .Ii CJ~, ~ i: ~, ..af pr- ~ ,lie, I I . 1""""1 f t I f. j .j ~ ~ ~ /~-:' .<~ :. ....7' I I . .j I i"~ j , ~ I " "- " "' I ,f " ~. 'i! tt' ~ ~ ~ . l~ ,.- ,..... . I~ .:"'~ " l;"f ~ ::t , ... ~ ~* 0 p 0 0 ..,~ ~ j i 0 ii! ;,;. ~ ~? '1>1'l ~ i, lL' " 'I ~ ~ ~ ~ J ~ -! f I r , I , I _.bi f T u. __~/; I" . I I '-"= \ u J, ~ '... ti)- t \if u ';r' . ~ oJ. ll.\ <t' ~ ~ v ~~\tiil IV ~ (0 .:~ G I~ 1''- A ~ "'--_.,. l:\ ~ '~ . ) ~' \ .. \ \ \, , --..--,--..----. -- "". '.\ . ,I ~ r~ \ ... \ I i \_-- Exhibit C PROPOSED FLOOR PLAN . . '\ " ... " \. I . --- , ,c :-:,., "'J...;"i'_':'.~"":,I.,J'..,. C:--_. _...../" . .~.,T. . -' ,". .,.," (:~;:: , -', ....e ;:~,,~ c , .,.', . ..,...:;;,.-- , .(' " ." " :,,/ '_'-~" ',.Jr- . _" <'" """, i'" /,..- ,/ ,,/ <~>(::,.... ,,/ '-> .",c.;:::<o.~ '..~', .... \ I I I .~ '-,}_/<,--_./ "; ... ,._-,-._~_... , i I \." .-", e"~' "1(' ~'t"~'(0'~' I \\' '" "", '\ ";.II(JlIflilW:~,.~,\V" >:~.:;'~~~ ...,""'- .......~:., I II ' , . ,t..:' \.' ~ . II' ,""-, C- . \ .'~.t'l\ . ~.., ~.'" /' }.._v..:./ ." '., -'... f'-.~ '...,'", ' " " '<..... '" '\ ,",' .J' .. ".,~.....~-... -~ .....~:- i ,.' Il. j' ~. . ::= "\....} I .~I.. ; I , I ! ; I ' ~ \ tl \ (: ..~ Vi 'i - ,r I~l '\ ,!::;> k', ',.~.! '.. i. r' i / '. i :) i \ \' \', till :. \ i \ , . , , '\ -;\ ' - -------. ',' ~~ · I I ( : ! ! I , i j I Iii 1 : "II ~ L .:.IQ l~- ! ~ r i I 1 ~~ S)~~ ,~~ I ~ ~ '17,;. ~..,~ ,~ ~R ~ / ,n!1 / _\ ,.,', ..I'J,: ~.'. / / I..... ,/ U'I ,'.1 , . '" l' '\'" ' ':.' . ...... . . -' . . I' I l, 0,.- \ \ " r".5'- .~::..'. .:---.............. "",. ../' /< .1'" . / Exhibit D PROPOSED BUILDING ELEV A TION _...c/ ... CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDmONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO JAMES BRUCE WHEREAS, James Bruce (Applicant) is the owner of real property located at 20445 Radisson Road, in the City of Shorewood, County of Hennepin, legally described as: "Lot 1, Block 1, Larson Estates"; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the . construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of a new home with an attached garage, the area of which garage will be 1728 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 30 May 1997, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 3 June 1997, the minutes of which meeting are on file at City Hall; and . WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 9 June 1997, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff -' NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the total proposed accessory space (1728 square feet) does not exceed the floor area above grade of the principal structure (2144 square feet). 2. That the total area of accessory space does not exceed 10% of the minimum lot area for the R-IA/S Zoning District in which it is located (4,000 square feet). . . 3. That design and materials of the garage are consistent with the architectural character of the proposed home. 4. That the proposed garage complies with all setback requirements for the R-IA1S District. CONCLUSION 1. That the application of James Bruce for a Conditional Use Permit as set forth herein above be and hereby is granted. 2. That this approval is subject to the following: a. That the proposed garage will be used strictly for purposes of a residential nature. b. That the Applicant is hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for other than allowable residential purposes would have to comply with such regulations. 3. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 9th day of June, 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm City Administrator/Clerk - 2- CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474:0128. www.state.neVshorewood.cityhall@shorewood.state.net MEMORANDUM . TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 29 May 1997 RE: Hume, Ron - Simple Subdivision and C.D.P. for Accessory Space in Excess of 1200 Square Feet FILE NO.: 405 (97.16) BACKGROUND . Mr. Ron Hume proposes to subdivide his property located at 25040 Yellowstone Trail (see Site Location map - Exhibit A, attached) into three lots as shown on Exhibit B. He also proposes to move an existing small barn on the property to the new lot on which he intends to build his new home. Since the barn, when combined with the attached garage on the proposed house, exceeds 1200 square feet of floor area, Mr. Hume has applied for a conditional use permit. The property is zoned R-IA, Single-Family Residential, and contains 4.67 acres. Single-family residential development exists to the east and west of the property, the Minnetonka Country Club lies to the north, and Yellowstone Trail forms the southerly boundary of the property. The property is currently occupied by the applicant's existing home and three outbuildings. Two of those buildings will remain with the existing house, while the barn will be located to the northerly lot as shown on Exhibit B, which also illustrates the location of the new house. Access to Parcel A (existing homesite) will remain on Yellowstone Trail, while access to the two new lots will be provided from Spruce Hill Court, a cul-de-sac street immediately west of the subject property. A Residential Community on Lake Minnetonka's South Shore 5b Memo re: Hume Subdivision and C.U.P. 29 May 1997 Page two ISSUES AND ANALYSIS A. Proposed Subdivision. The proposed lots meet or exceed the lot area and lot width requirements of the R-IA zoning district. Parcel A contains 57,534 square feet, Parcel B contains 40,401 square feet, and Parcel C contains 109,496 square feet of area. The applicant has adjusted a preliminary plan to comply with all setback requirements, lot width and area requirements and to eliminate any gerrymandered lot lines. It should be noted that the applicant may at some point in the future wish to convey all or part of the northerly 93.65 feet of Parcel C to adjoining property owners. . Although the proposed subdivision does not in itself require the removal of any significant trees on the site, the applicant has shown trees which are potentially affected by the new home construction. . There appears to be a minor (approximately 9.5 feet) title discrepancy on the westerly side of the property. The applicant is aware of this issue and has taken steps to resolve it. B. Conditional Use Permit. The proposed house will contain 4178 square feet of floor area in two stories above grade. The proposed garage will contain 1085 square feet and the existing barn contains 864 square feet. Together the accessory structures will contain 1949 square feet of floor area. . Section 1201.03 Subd. 2.d.(4) of the Shorewood Zoning Code sets forth criteria for the granting of this type of conditional use permit. Following is how the applicant's request complies with the Code: 1. The total area of accessory space (1949 square feet) does not exceed the total floor area above grade of the principal dwelling (4178 square feet). 2. The area of accessory space does not exceed 10 percent of the R-IA zoning district (.10 x 40,000 = 4000 square feet). 3. The proposed building locations meet or exceed the setback requirements for the R-IA district. The proposed house and barn location also minimize the amount of tree removal necessary for construction. It should be noted that the two lots to the west of Parcel C are currently undeveloped. . . 6. cc: Memo re: Hume Subdivision and C.U.P. 29 May 1997 Page three 4. The architecture and building materials of the existing barn are considered compatible with the new home (see Exhibits C and D). RECOMMENDATION The applicant has modified his original plans to comply with the requirements of the Shorewood Zoning and Subdivision Codes and the advice of City staff. Based on the preceding analysis it recommended that the simple subdivision and conditional use permit be approved, subject to the following conditions: 1. The applicant must submit an up-to-date (within 30 days) title opinion or title commitment. This should include documentation that the 9.5-foot boundary discrepancy has been resolved. 2. The applicant's surveyor must provide legal descriptions for the drainage and utility easements, from which the applicant's attorney must prepare deeds to the City. 3. Prior to release of the resolution the applicant must pay the following fees: a. Park dedication: $1000 for each of the two new lots* b. Local sanitary sewer access: $1000 for each of the two new lots* c. Trunk water charges: $5000 for each of the new lots** *Credit is given for the lot with the existing house on it * * Although there appears to be consensus on the Council that lots where water is not available should not be charged, this ordinance remains in effect. The applicant may petition for the charges to be assessed, and if the policy changes, the assessment can be abated. 4. The resolution approving the request must be recorded within 30 days of the Council's approval. 5. The applicant must provide an escrow sufficient to guarantee removal or relocation of the existing barn within six months. Tree preservation will be addressed with individual building permits for the new lots. Jim Hurm Larry Brown John Dean Ron Hume .1: .', ci ------------------------:~~ "7~. 0'3'. , . '. . 0.. f (34) .... : . , c:: 70 - (J6) /.... .:. . . 11 '-, i:. (3) 1- NO'RTH (l 111 - 200. Subject Property -- - -- - -- -- -- - -- "-'9.~Z' ,."y ;\ 451i.ST ~". I ;--izi-ei-- (BE..IIIINCS & OI\IE.'lSIC1lS CF l. OT 55 Sol S':!: CN SUIlVET IN DISl CT CA~ /'o:l 164~.) ~__--------::~~----------~-il 12 J ~\~ I ~f~~Z4 I ~~~ (22) I . I 24 ~OOS I ---iio-r: -; /' I ././- ~ V't -' , ! _.: - . oJ . '" (15) : 8 I '" : ,., . ... I I . I ,~~ ~ 7. '5.. :... ~ ":i )_ _ J~ · ~l - r ..,;::.~-~-- '.: --~ - -!J ( fO) _ _ _ ~':':':':r.l~lo:ri~- .. .'.' J l. 5! _ _ _ , I ! .... .I ' '- .\ ;::; \ .~ \ ~S. \ :-- ." ~ oJ .., _.'; ... ! oJ g . ... ... ~ ... .. J"03' .~. 16Z.l ~ 5ZZ JJ I . I t \ I ..~~...., ~.. Z5 : I (17) 'i :. :J 1 ~ I I. I~ E L!/E :.OT 4 ~ ;:. ~.,...\ lI[~"A5'"T.l PARK , oJ.\ l1--1 1 !.-:~ ' \., 0" _ ~\DC.- .~'\..-r\. .. 1\.("\ ~ ? . ..\ L'" __------~.: Nr\ <;;\:.._ " ~. -------- ~ ~ - :: ~~-_r-~~-~-ji'C ~~ . \.-----~------\=: . I ..- I I , . . I . , I I I I , ISZ.9l ~ ( J) I ~ I -I I ............ ...... ; I '7i.l \,... . - " .\ . ~~Z. 98 \..:. 4 ( 5) I ( 20) G ... ~ I Z40.5 -' - ,..::. ..'=r (9) 7 ( 15) . on .. ~ -~--- , t , . .... .. -I' I , -0--' ;s TArE -HWY . ,~ 51 ~ .- .~ c ('I oP ('':;1 7 r.~v ,.,~ ?? ~~ ,Ui}Q--':"'NO..._ ~.- -, ~'O I ~ 7........ ... ~, "'" <; :" ~ I'1IIff i# lOT Z (9) I RUUS ~I]lfE:AgT.l LJ.XI lJT~ ...' - .....: "'1--- -, .=::x.=" .:.:!7~.'1 Exhibit A SITE LOCATION Hume Subdivision and C.D.P. ,J \ , iT ;UDICIAl :'ANDMARK ES,ASUSHED IN TORRENS CASE \ \ '40. 181 (DISORIC, COURT OF' CARVER COUNTY. "RST \ \ JUDICIAL DISORICr. 5,AT'E OF' 'JINNESOTA) AT .A "OINT .\\ ON fHE ;OU fH l.iNE OF 1ME SE t;4. OF THE SW 1/' uF' SECTION JJ. :'85.96 "E::1' EAST i'RO~A 1ME , 5W CORNER OF' :-",c: 5'''' 1/4 CF'SECTICN JJ i ( - - - - -----'" r-- - -- - - - - -- Se9~3'15"~ : .4e6.36 _.~..J . .~ ~ - - .... '" , .... i 0 ..,.! ~! ;: , v1 EI ....! 01 ...1 "- - , . '-' "'I '-', ~I ~I ':;i -I "'I 'gl .... ~ .:> .., >: z: "" ~ ~ ~ V ...1 ~ ~ ~ ~ '/"ION 0:: ~ ~.~ - ,. = < J1 - I / ..... ~1~R' -"" UNE CF" T1-i€ SO:: "" , __:J~V~- - - - - - - - - - --- --- - --- - - - -- - - --- -_ __ _ _ _ _,C,\ =-_":'::-~::'~:_~~:~~~-:_=_=_~~-: ~ ' "'- '1W ~CRNER ,.<'T 57 ....::.::..: .:.- - - ~ ' . " ''', , '-~~~~---. ',: , , " - - Par c e / C""-.... ---------------------------------- "1'0 ,-- -:; -. ". "-.- d ~ V\ 1-,--- "30"W' 352.76 9=~:>.,~~,::~~:::or~o~O~.----!~ ",: 'i',l)~ t' . ---'!-: ',rtJ9:r _r-SJ--.,.... -. -...........""... - :..& . NORTH " - - - -~~ :=.~r3~~ :,. ~~:I\~~ f-- \ ,- - - f::" ,E. :":: - - ----. / ~ la.>' \ "/~~- If- ~.:::_- _- - - --~~- ~~- - : ~r"Df~-,ed ~~ --~?'..1 ~ \-.: - - - ~,,~ ~ ---~ __ -c; ,c'-: r . -. CIl ;;"" ~ --'. --' ~ 0 ~~ ~': _.,~ \ _.~.::. ( cr:-~~ ~ "'" -~~-\, ~;-~ -. S -- .7' (.-J--J ':";0"~ " . ~ \ 1; ..' ~_ ~ ~ 5 \ ( .' -. . ~ CIl .;, \ ( .' -i -c-~' ~ ,:;. t>:J " ~ - J-'" - 1-"-"';"':':-. "" :::"'_'\'5:\' '~-"~ ".. '\ 0':, -' , ~ \ .' -. ";;'.:.. -"'..., '" " 0 _ \ .- :. ~. . ..,., - _;. f - ',~ ' -. ~~ "",,' \ 0_ \. - \ " / ~'_, _ " " '-." .;, 'i-" i":- -_: \ -;);:> ~:., (/. ;._ ~~ E:c N89.04'4S'Yf' ~ ~ ., ~; o 9 ~ I \ \ -- \ \ I \ ( , ( . . v \ \ ~ .561.56 . --.. 'fii , .... ~ , ',... _:~- \J'\ ~ "\Q)~ '(,' \ ~ ,~\~ ."'.~ : ~', \ .:t:\ \ --~ . ..,,\ \ : : : .~% / . '<. \01 '--, /.' " '~~'~:~.//5E?4r-~~~.,~A' " ~ ., '" - . ~ \~' /;" /// " ~'" /" -.. I"', '--' /' / ,/ \ ,'- " ,,/~~' 9' ,\1 /1/ r\e~( \ " / 'l.'\ . .,0'" t v" \" /-" .,y",vJ. l . ,,' ~2'./ i' y'i...,v Oi \ \. :""~~-:~~.1.1;' /.:--;-"AJ\;"'S -' . ., .41. ',/ - o;r -' 1'1'\ C.~O'/ - ~'" _n....~- \\ ;;'0,;/ ~1"'\v- J""''''''~'''Vc. -~'-' ~ - /./',/" ~'" ','>-::,", ~ ~.~. Parcel 'B ...... -:. ~ q) OJ ,,:,!" ';,'. ":'-- '~ ~ ..-.<~~ Q - - - - - - - ~f9-=:)::'":"--- - - ~~:- - -: , '". .~ . "'-.:-. -; -- ...:.- - . "'~.. o ~f!S-. "',. .'" -. - ,/ ,/ I \ TR? i - -~ ",9 _ ......-c,l'-"" - ~ .- ,.,- ./ //st ./ . 0,)) ----// '~e\.\. ,,,' Exhibit B PROPOSED DIVISION Also shows 'proposed location of barn and new house . . ,r. ~. Exhibit C EXISTING BARN To be relocated . ----... -.. - ' ----, ---;t :.~ I ~,/./:~ I :il fIi - . II i /' -=- :~! i ,.~~:~~~ :.L;, ~,., -~ -I ,,, --- It " , , ',\>,1 ' \,~-==---= I Il ,_ '')''; -l !.. ~ r~nl ~ !' e,Y, = Ii l ~I ': ~'y :~~~J I R~{ :~ "1 I i. 'I ,. ,- rl' ~ :~,"~~~=-- -, ~~ ~'~- ~~.... I'l ,',I:: 7':ei1,,__ . l~ F ;.;~~,:l ,J 1'~<""" : ~~/I t- l.~,1 . t. \ I I " i;':' ;' / ' : .. .;~)}}!' :t. .. .;" . . ;; . . ~:: I . .! ~~~ ..... ~~I'<r', ~ ~ ~ ~ " '.:~ ~ ~, R ~~ :.!.' 'i t,' -" 'l.I.ji: I,JI , '!: ::.:i " "- , '~-'.. ';: q' i 1 1. ~~ \ . -..: . ::.~. '~}~,'~':~i-:~::;::-? '~-".J:~~ ',: ~. '~', 6'~ (ji~ ",.= . !!J'k l' ~ Exhibit D PROPOSED HOUSE ELEVATIONS . . RESOLUTION NO. A RESOLUTION APPROVING SUBDMSION OF REAL PROPERTY FORRONANDCAROLHUME WHEREAS, Ron and Carol Hume (Applicants) are the owners of certain real property in the City of Shorewood, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicants have applied to the City for a subdivision of said real property into three parcels legally described in Exhibits B-D, attached hereto and made a part hereof; and WHEREAS, the Applicants and all other parties holding an interest in said real property have agreed to grant to the City drainage and utility easements legally described in Exhibits E-G, attached hereto and made a part hereof; and WHEREAS, the subdivision requested by the Applicant complies in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the real property legally described herein be divided into three parcels, legally described in Exhibits B-D. 2. That the City Clerk furnish the Applicants with a certified copy of this resolution for recording purposes. 3. That the Applicants record this resolution, together with the drainage and utility easements legally described in Exhibits E-G with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of June 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk . . Existinl: Leia1 Description: "That part of the Southeast Quarter of the Southwest Quarter of Section 33, Township 117, North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at the northwest corner of Lot 5 in Minnewashta Park, Hennepin County, Minnesota, in said Section 33, thence North 7 degrees, 45 minutes West 885 feet to the northerly boundary line of the Great Northern Railway right of way as it formerly existed; thence Easterly along said right of way 207.1 feet; thence South 7 degrees, 45 minutes East 843 feet to the center line of the Minneapolis and Glencoe Road; thence South 60 degrees, 54 minutes West along the center line of the said road 219.3 feet; thence North 7 degrees, 45 minutes West 72 feet to the place of beginning. This includes Lot 5, Minnewashta Park. ALSO: all that portion of the right of way as it formerly existed (now abandoned) of the St. Paul, Minneapolis and Manitoba Railway Company, adjoining and extending 22 rods westerly from the west boundary line of the tract of land hereinabove described, the same being a strip of land 100 feet wide, being 50 feet on each side of the center line of the railway of the said St. Paul, Minneapolis and Manitoba Railway Company as said Railway was originally and prior to the year 1900 located and established and being the same premises deeded to Alphonse A. Bost by said St. Paul Minneapolis and Manitoba Railway Company/on July 8, 1901, by Deed recorded in Book 566, page 148 and also Deed in 1886 by Zadock D. Spaulding and wife to the Minneapolis Lyndale and Minnetonka Railway Company. All in Hennepin County, Minnesota." Exhibit A . Parcel A That port of Lot 57, Auditor's Subdivision No. 1.3.3, Hennepin County, Minnesota described os beginning at 0 poin t on the west line of said lot 57 distan t 486.60 feet sou f h from the northwest corner of said lot 57, said west line has on assumed bearing of South 07 degrees 45 minutes East; thence North 89 degrees .36 minutes 50 seconds East 20.3..37 feet to the east line of said L.,t 57; thence southerly along said east line to the centerline of Yellowstone Trail ((.k.a. Minneapolis and Glencoe Rood); thence southwesterly along said cen ter line to the west line of said Lot 57; thence northerly along said west line to the point of beginning, except that port of said Lot 57 lying southeasterly of a line parallel with and distant 3.3 feet northwesterly from the center line of said Yellowstone Trail. ~ogether with that port of Lot 6.0 of said AudHor's Subdivision No. 1.3.3 lying east of Spruce Hill, according to the ~ecorded plot thereof, and lying southerly of the westerly extension o,f the north' line of the above described parcel. . Exhibit B .~ of Lot 57, Auditor's Subdivision No. 1.3.3, Hennepin County, Minnesota dp.scribed as beginning t 0 point on the west line of said Lat 57 distant 486.60 feet soulh from the northwest corner of said Lot 17; thence on on assumed bearing of North 07 degrees 45 minutes West along said west line 82.12 feet; hence North .35 degrees 51 minutes .3.3 seconds East 288. 06 fee! ~o the east line of said lot 57; thence outherly along said east line to the intersection with 0 line bearing North 89 degrees 36 minutes 50 seconds -:1st and passing through the point of beginning; thence South 89 degrees .36 minutes 50 seconds West long said line to the point of beginning. ogether with that port of Lot 60 of said Auditor's Subdivision No. 13.3 lying east of Spruce Hill, according to the ~corded plot thereof, and lying between of the westerly extensions of the north and south lines of the above described arcel. . . Exhibit C ~ All ~Lot 62 and that port of Lot 57, Auditor's Subdivision No. 133, Hennepin County. Minnesota described as beginning at the northwest corner of said Lot 57; thence on an assumed bearing of South 07 degrees 45 minutes East along said west line 404.48 feet; thence '-./orth 35 degrees 51 minutes 33 seconds East 288.06 feet to the east line of said lot 57; thence northerly along said eost line to the northeast corner thereaf; thence west along said north line to the point of beginning. Together with that port of Lot 60 of said Auditor's Subdivision No. 133 lying east of Spruce Hill, according to the recorded plot thereof, and lying north of the westerly extension of the south line of the above. described parcel. . Exhibit D . (Insert) Proposed Drainage and Utility Easements . Exhibits E-G .. CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO RON HUME WHEREAS, Ron Hume (Applicant) is the owner of real property located at 6065 Spruce Hill Court, in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and . WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of a new home with an attached garage, and relocation of an existing barn the area of which garage and barn will total 1949 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 29 May 1997, which memorandum is on fIle at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 3 June 1997, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 9 June 1997, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . FINDINGS OF FACT 1. That the total proposed accessory space (1949 square feet) does not exceed the floor area above grade of the principal structure (4178 square feet). 2. That the total area of accessory space does not exceed 10% of the minimum lot area for the R-1A Zoning District in which it is located (4,000 square feet). 3 . That design and materials of the garage and barn are compatible with the architectural character of the proposed home. 4. That the proposed garage and barn comply with all setback requirements for the R-1A District. 6e . . . CONCLUSION 1. That the application of Ron Hume for a Conditional Use Permit as set forth herein above be and hereby is granted. 2. That this approval is subject to the following: a. That the proposed garage will be used strictly for purposes of a residential nature. b. That the Applicant is hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for other than allowable residential purposes would have to comply with such regulations. 3 . That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of June, 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm City Administrator/Clerk - 2 - o. . All of Lot 62 and that part of lot 57, Auditor's Subdivision No. 133. Hennepin County, Minnesota described as beginning at the northwest corner of said Lot 57; thence on on assumed bearing of South 07 degrees 45 minutes East along said west line 404.48 feet; thence t40rth 35 degrees 51 minutes 33 seconds Eost 288.06 feet to the east line of said lot 57; thence northerly along said east line to the northeast corner thereof; thence west olong said north line to the point of beginning. Together with that port of lot 60 of said Auditor's Subdivision No. 133 lying east of Spruce Hill, according to the recorded plat thereof, and lying north of the westerly extension of the south line of the above. described parcel. . Exhibit A " 1 . . . MAYOR Tom Dahlberg COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel CITY OF SHOREWOOD 5755 COUNTRY CLUB. ROAD · SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128" www.state.neUshorewood. cityhall@shorewood.state.net MEMORANDUM TO: FROM: DATE: RE: FILE NO. Mayor and City Council Brad Nielsen 5 June 1997 Lehman, Peter - Assistance with MNDOT Condemnation Property: 21285 Radisson Road Peter Lehman owns the above-referenced property which is significantly affected by the Christmas Lake Road/Highway 7 intersection project currently under construction. The property is a grossly nonconforming lot with a small cabin on it (see Exhibit A), part of which is being taken by MNDOT for the intersection project. The lot measures approximately 50' x 150' and contains 7500 square feet of area. The zoning district in which it is located requires lots to be 40,000 square feet. In addition, the cabin does not comply with R-1A setback requirements. We have, in the past, written to MNDOT expressing the City's preference for a total taking of the property as opposed to a partial taking. This is also Mr. Lehman's preference. Up until now he has been led to believe that MNDOT would take the entire parcel and remove the cabin. Recently MNDOT officials have suggested that they would attempt to salvage the cabin and the remaining portion of the lot (approximately 6000 square feet). Mr. Lehman has requested the City's assistance in convincing MNDOT to take the whole parcel. X ou -may recall that most of the improvement takes place on the Shorewood side of the highway because Greenwood resisted a more suitable solution which shifted the highway to the north and reduced the bend in the highway. In this light, and given the nonconformity of the property in question, it seems reasonable that the City should expect MNDOT's cooperation in resolving this problem. Mr. Lehman's attorney suggests a stronger position statement from the City than the previous letter written by staff. I suggested that a Council resolution may be more influential. A proposed resolution will be distributed at the meeting on Monday. If acceptable to the Council we will forward it to MNDOT. If you have any questions relative to this matter, please do not hesitate to call me prior to the meeting. cc: Jim Hurm Larry Brown Peter Lehman A Residential Community on Lake Minnetonka's South Shore 5V' ." \t'l'lI!SOrA o("l- Q' ~ '" - " ~ > "" ~ ;.. .. aile ~<"1t ,c,q ,. OF TP.p..'" Valuation Section Appraisal Unit Right of Way & Surveys 517 Transportation Bldg., MS 633 395 John Ireland Blvd. St. Paul. MN 55155 /' mw@\~r @!? we ~ W W>l~~~lL ILl W@l!JJt (0. . Ta" Lot lines So dlimenslons. Streets or hlOhwoy frontoQe. LINDAADA1\1S Appraiser , I ; 1 I Ins & access taKlnQ. catIon of bulldlnQS & Improvements. 612-297-8886 Fa.x 612-282-5251 HENNEPIN Ph I I r IDD I PARCEL NO. 2160 Scale 1cm = 10 m EN! Jf<c tJ!J/cr ~q,. ~ 1'\'\;'. ( ?~SC{)P l) New {PO.~ 1hz (~~{)f:22 N p:~ &!S, ~""Z(731fZ) ~ 6A!..Mee. 510'7. 'i 1/14 (ts, 1/ 3 tf: Z) Iz+t.ig &3. t,. ",l ( H$ttZ) 13 . o CHRISTMAS LAKE I tl -:::-i}rrt ..;.--:-fl --- \:1-1 ~~~~- \C/ ~~ba A Layou+ sketch by Ph r I H Date Rev. Jan. 23.1996~PGrcel ~lc. 2160 MAYOR Tom Dahlberg CITY OF SHOREWOOD COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY CLUB,ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council Jim Hurm, City Administrator Larry Brown, Director of Public Works ~ June 3, 1997 '7 . FROM: DATE: RE: Freeman Park Picnic Shelter Review of Plans and Specifications Authorize Expenditure of Funds During the previous City Council meeting, the City Council approved a conditional use permit for the construction of a picnic shelter within freeman park. Attachment 1 shows some of the details of the plans. The roofis a simple gable roofwith tan shingles. The interior of the structure will. have curved laminated beams. This provides for an attractive structure without providing a place for birds to roost or vandals to crawl up into a truss area. The.steel columns . which support the structure will provide a vandal resistant support system. Quotes for the construction of the shelter have been received. Each vendor of these types of shelters has specific. sizes that tlrey manufacture as their standard. Thus, the quotes receive~~vary slightly in the size. In addition, Flanagan Sales Inc. has the ability to complete the construction of the shelter, while the second firm does not. For comparison of the quotes, costs were reduced down to a cost per square foot of the shelter material alone. The quotes received were as follows: Firm Name Size Cost of Materials (1) $ 12,118.00 $ 16,060.96 Cost per Sq. Ft .$ 11.22 $ 12.17 Flanagan Sales, Inc. St. Croix Recreation Co. 30' x 36' 30' x 44' (1) Quotes include the cost of materials for steel columns, beams, and wood decking alone. Costs do not include the shingles, concrete pad, or installation. A Residential Community on Lake Minnetonka's South Shore 1ft; Mayor and City Council Freeman Park Picnic Shelter June 3, 1997 Page 2 of2 "'- Based on the above information, staff is recommending that the low quote for the shelter be awarded to Flanagan sales for the base bid of$12,118.00 for a 30' x 36' rectangular shelter. Once the shelter materials have been chosen, remaining items to complete the structure are installation, preparation of the building pad, construction of the concrete pad, and shingling the roof. Both of the vendors stated that they could certainly provide the roofing materials, however it is more economical to have a local vendor perform the work to avoid freight charges. Total costs for the remaining items, in addition to the low quote of the shelter are summarized below: Item Picnic Shelter Installation of Shelter Building Pad Prep Installation of Concrete Roofing Restoration (seed + dirt) Total Price $ 12,118 $ 5,500 $ 2,500 (2) $ 3,700 $ 858 $ 300 $ 24,976 (2) Estimated cost Includes select granular borrow, compaction and density testing. . Based upon the above information, staff is recommending approval of award of the low quote to Flanagan Sales, Inc. for the picnic shelter, and authorization for the other expenses as outlined herein not to exceed $25,000 in total. . r-L-Hn....t..aHN .;;;lI....'-I;;,~ ......... ""~~ ...-..- ". 0 ~ It: ~ 0 g~ Z <>- -::I i< i< COol <0 w of oal :ti .., m~ + ~e 0 .. (l. 0 <It: b~ 0 ~w 0 ~ ~o.. Zz 0 :S;S l&J 0 . ~~~ ~ ... ~<~ ~ LlJ < 8 -1< 0 ~O CIl 0 0 ~CIlIt: <0 CIlII..II.. ~ ~ ~~ . ~ e.o c" ~ i 0 o Z 0 " lo:: ~ ~ :t: l&J :I: .., :Ii! CIlOCll 0 (l. 0 '): m ~ ~ tn ~ i 0 It: . < (l. < It: ~ 0 0 . o ~ ~~~ <10.. e;;.,~ ~OZ ....IWO o15F wWo.. I-tuO -'<~lt: wG;!o i!:u;-V;- ~~~S F::l~3 ~<5mo a:::(.)~(.) WOCll-l ~~lt:UJ a::: o~ (l. u...CIl \ \ f I _ti !j ~. 0-: % m- '/ <e;UJ I 1il~ . It: .,.c" ~ !:1 ::i ~ ::::: l1.l 1&0 ~--O ~9.' !:1 i!: :> ~ o 0 .... UJ ~ UJ c-- It: ~ c" ::s :g o 0 tIl .., .... ...... 15-55 ,AlT ~c..w \'A,S~- FLANAGAN SALES 612 633 1515 P.03 ... ~ ~ ... ~ LlJ (j 8 CIl 0 (.) .9-.L ~ ~ 0 "- ::.<: ...J .., ::E -< 0 0.. (.) ~ '): tn l':iI '): ~ ~ tu r:a ~ ! 0 . It: I'll 0. <( It: ~ := 0 0 CIl C ::J ~'" ~ ~ ~ . m w 0 < m i5 I ~~ g ~ Z CIl ~y ~ eio 0 ffio l&1 0 rn ~~ .I!:!~ l':iI ZZ 0< << rg ~5s 0..0.. . O::W LlJ~ ~ <0 a~ ~F ~ I N CIl!e .... z:r: :Ii!~ fS ~t; O::l . ~~ CIl:e 1 . <0 I N -- Cl)~~ xs~ NOli.. 15-39 ... Ul I N -J . ') 16d GALVANIZED CASING NAILS o 12" O.C. INTO DECK (2) l6d GALVANIZED CASING ____ NAILS 0 EACH BEAM -- ____ 2 X 6 CEDAR FASCIA ----- ERECTION NOTE TO INSURE AN ACCURATE AT, BEAM WIlL BE flEW DRILlED. . STEEL U-SHOE Willi 1/2" DIAMETER BOL 15 - T5 5 X 5 X 3/16 STEEL COLUMN BEAM TO COLUMN CONNECTION AND FASCIA DETAIL DATE: 04/19/88 DRA\\N BY: Pt.lK APPROVED BY: CAL SCAlE: DWG I OODE 3/4" = 1'-0. TI I" J) :z: J) C'l J) :z: Ul J) I" /11 Ul 11> ... N 11> l/.I l/.I ... UI ... UI " , m N FLAHAGAH SALES 612 633 1515 P.01 F 1 a n a g a n s a I c S t I n c . ~ l~ .. I QUOTATION To: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Date: May 13,1997 Mr. Larry Brown 612-474-3236 612-474-0126 Contact: Phone: Fax: project: Park Shelter . We are pleased to provide the following quotation on Items supplied by Uttle Tikes Commercial Play Systems I Iron Mountain Forge. ~ U!m Descriotion Unit Price Extension 1 2036-EU 20' x 36' Rectangular Shelter. Includes laminated Beams, Steel Columns and Pine Decking. Shingles are not $8.437.00 included. 1 Installation of above shelter $4,800.00 1 Installation of concrete slab for above shelter $2,900.00 3036-EU 30' x 36' Rectangular Shelter. Includes laminated Beams, Steel Columns and Pine OeckIng. Shingles are not included. Installation of above shelter Installation of concrete slab for above shelter $12.118.00 $5,500.00 $3.700.00 1 1 "Note: Please see attached copy of specifications for the two shelters above. above 6.5%include Included . "Note: Installation does not include any sltework (grading. removal of dirt. backfill, sod, seed or repair to the site from damage caused by trucks etc... .). Installation Is for the shelter only. Sub Total Tax Freight Total IMPORTANT INFORMATION: . Quotation in effect until: June 15t1l. 1997 . Freight based on shipment to Shorewood, Minnesota . Shipment can be made In 4 - 6 weeks . Terms: 20 Days Net Invoice. . Purchase Orders should be made out to UttJe Tlkes Commercial Play Systems. Thank Vo.' Flanagan _.Ine. ~ ~ Bill Johnson 2845 HamlineAvenue North · Suite 108 · Roseville · MN · 55113 Phone: 612.633.0123 · 1.800.328.3557 · Fax: 612.633.1515 · E-Mail: FSaleslnc@AOL Sf.. Croix Recreation Company, Inc. Sheet1 225 N. Second Street e-mail stcroixrec@msn.com Stillwater, MN 55082 webslle www.stcroixrec.com (612)430-1247 Fax (612)430-9231 Quote City of Shorewood Attn: Larry Brown Date 5113/97 Contact Project Phone # 474-3236 "Fax 474-0128 . In compliance with your request of May 12,1997, for a price quote on park equipment supplied by Litchfield Ind., we submit the following: . No. Itefn No. De$CrfDtion Unit Price Extended 1 1720 30'X44' Laminated Curved Beam Shelter $13,597.00 $ 13.597.00 1 Steel Columns Option $ 1.560.00 $ 1.560.00 40 (~. ~wOW LDAP 1J)!b s4t~Le.s Discount $ (1 250.00) Quotation in effect until June 30, 1997 Sub Total ,$" 13,907.00 We quote F.O.B. ShorewQod, MN Sales Tax $ 903.96 Shipment can be made in 4-6 Weeks I Freight $ 1,250.00 Tenns are net Net 30 D~ Installation ", . J J l 1 Total $ 16,060.96 L l ~ Purchase order should be made out ot St. Croix Recreation Co. Inc. Send the order to the above address or fax, thereby authorizing shipment and acceptance of the the terms. Please include Bill To:, Ship To:, and tax exempt" if applicable. By~-6 ~O/ . Johnnie ~sen Page 1 l:'d ._____J3~ XI~J 15 00:El: L6, El: ^~w ... CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927 . (612) 474.3236 MEMORANDUM TO: Mayor and City Council James Hunn, City Administrator Lany Brown, Director of Public workS" June 3, 1997 FROM: . DATE: RE: Consideration of a Motion to Adopt a Resolution Authorizing the Mayor and City Administrator to Enter into an Agreement for Professional Engineering Services. WSB Associates, Inc. During previous conversations with the City Council, we have discussed the services being provided by the City's Consultant, OSM Associates. It has been our philosophy that the representation by the inspectors in the field is the most critical part there is. Not only are these individuals responsible for the overall construction of a project, but they also represent the City of Shorewood in their daily contact with the public along a project. . Due to the startup of Watt en Ponds, Marsh Pointe, and Smithtown Meadows, the need for inspection time has increased dramatically. Currently, OSM Associates has provided good representation in the field. However, the anticipated demand is more than what OSM associates can provide with their current staffing level. After much- consideration, staff is recommending that WSB Associates be approved to provide additional inspection services for the City. Staffhas worked with all of the members at WSB Associates, Inc. in the past, and rate them very highly. In the past, the City has conducted a formal review process for the selection of a Consulting Engineering firm. Staff is requesting this authorization without a formal interview process for two reasons. First it is currently not our intent to replace OSM Associates as the Engineer. WSB Associates will provide secondary services to OSM Associates. Second, the timing of the startup of these subdivisions does not allow adequate time for a formal interview process. Attachment one is the fee schedules for WSB Associates. Staff is currently reviewing our "boiler plate" engineering agreement with the City Attorney to make sure that there are no additions that are needed. In light of the timing, staff is requesting authorization for the Mayor and City Administrator to enter into an agreement for Professional Engineering Services such that the inspector can be brought on line in time A Residential Community on Lake Minnetonka's South Shore *1 Mayor and City Council Authorization for Professional Engineering Services June 3, 1997 Page 2 of2 to oversee the Lundgren Brother's project. This Authorization would only occur after staff and the City Attorney have updated the agreement, and have given this a thorough review. A resolution is attached for your consideration. -w . . .. WSB 350 Westwood Lake Office 8441 Wayzata Boulevard Minneapolis, MN 55426 11.1\. Miudncadt. 1'.1::. Brer A. Weiss. P.F.. l'crcr R. Wilknbring. P.It D<>n~ld W. Srcrn2, P.F.. R()n~ld B. B~y, P.r:.. & Associates, Inc. 612-541-4800 FAX 541-1700 1997 Fee Schedule . . . . . ,. . ..... ... . ..... .. '.' .. . .' . Billing Ratelflo", . ........... ... ....... ..' .... " . . . . .... ... .. ..... -. ........ .... .... "". ......... ...... ..... ........,..........."................. ........... . . Principal Sr. Project Manager Project ManagerlScientist Registered Engineer/Engineering SpeciaUst Project Engineer/Scientist Graduate Engineer Construction Observer Engineering Technicittn III Engineering Technician 11 Engineering Technician I Office Technician II Office Technician I Survey (Two-Person Crew) Survey (Three-Person Crew) $88.00 $81.00 $75.00 $65.00 $58.00 $52.00 $50.50 $47.50 $43.50 $37.00 $30.00 $18.50 $88.00 $108.00 All costs associated with word processing, vehicle mileage, reproduction of common correspondence and mailing are included in the above hourly rates. Reimbursable expenses include costs associated with plan, specification and report reproduction. Infrastructure Engineers Planners F.QUAI. 01'PORTUNlTY llMf'LOYLR Attachment 1 ZO'd CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council James Hunn, City Administrator Jgl FROM: Larry Brown, Director of Public Works . DATE: June 3, 1997 RE: Consideration of a Motion to Approve Change Order 3 for the Southshore Senior Community Center Attachment 1 is the proposed change order for the Senior Community Center. These changes consist of items that need to be addressed to finalize the building. The net change to the contract is $9,221,55. The contingency that was built into the project is adequate to handle this change order. This hopefully will complete any changes left on the interior of the building. Therefore, staff is recommending approval of Change Order 3 to the contract for Senior Community Center for the sum of $9,221.55 as outlined in attachment 1. . A Residential Community on Lake Minnetonka's South Shore #<3 Change Order AlA Document G701 - Electronic Format OWNER ARCHITECT CONTRACTOR FIELD OrnER [] camw. F:LE pJt NO. (, Ll7 II AlE r ,...... - <~ [H~] [ :;{...l . ..] [ ] ll~\. 'S1~'L'" PROJECT: $.~~ili~hii.~i.$~:riJQi::G9mm.Uijl@8t~ni#.i CHANGE ORDER NUMBER: il~~:~IiI:@JJ DA TE: E~$pw.~t;g~s.Mf1J@I~g TO CONTRACTOR: ARCHITECTS PROJECT NO: g:j~~~g;:JJ CONTRACT DATE: g~gng@g~i.:JJEig:gi CONTRACT FOR: g2.IDR~~@.:M::@Bll~:~mp.;;~91t l.tL~ IJ1.~.f.().Il~~~.i~..~~.3;Jl.ged as follows: .$~~:Atl.~~.6.f.@jjVtA~ Not valid until signed by the Owner, Architect and Contractor. The original (Contract $um)(Ctlfuft11teed MftXiml:l:!fi rrke) was Net cluUlge by previously auulorized Change Orders The (Contract Sum)(CtlM5.llleed Mtl:Xmll:lf1:1 Price) prior to this Change Order was The (Contract Sum)(CtlM'ftllteed ~!ftXi:m1:l:!fi I'rke) will be (increased)(ckerefl:.)ed) (tl\lek~l1ged) by this Change Order in the amount of The new (Contract Sum)(Ctla:ranteed Mtl:Ximtlfll I'rke) including this Change Order will be s S $ Iii $ S ::-:-::~:':.::~~;:':':::::::::.~":':.:-: ...........~gg!:tl1:ag . . ... . .. ....55 .R@>~M?;g:1.Jt:::.:::; The Contract Time will be (iflerefr3ed)('tieerefr3ed)(uncbanged) by ( @) days. The date of Substmnial Completion as of the date of this Change Order therefore is ~!Il~:q!!~g~twllQl~i@ NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. ARCHITECT CONTRACTOR OWNER Address ..~ BY Address g;~ BY DATE 3-aD...Q'7 DATE / " THIS DOCUME.~T HAS IMPORTANT LEGAL CO~SEQUENCES; CONSULTATION WlTIi AN ATIORNEY IS ENCOURAGED WITIi RESPECT TO ITS COMPLETION OR MODIFICATION. A UTIiENTICA TION OF TIilS E..ECTRONICAll Y DRAFTED AlA DOCUME.lI:T MAYBE MADE B Y USI~G AlA AlA DOCUMENT G701 - CHANGE ORDER - 1987 EDITION. AlA. COPYRIGHT 1987. THE AMERICAN INSTITUTE OF ARCHliECTS. 1735 NEW YORK AVE:-\UE. N.W., WASHINGTON, D.C., 20006.5292.. WARNING; Unlicensed photocopyins violalU U.S. copyright laws and is"s:bject 10 legal prosecution. n,is document .....as eJectronjc~lIy produced .....ith permission of the AlA ~nd can be reproduced without violation until the date 0( expiration as noted below. Electronic Format G701-1987 User Document: CO#3.DOC -- 2/25/1997. AlA License Number 101129. which expires on 8/31/1997 -- Page #1 Attachment 1 ... SOUTHSHORE SENIOR COMMUNITY CENTER ATTACHMENT "A" CHANGE ORDER #3 ITEM COST Item #1: Delete grease trap and modify piping as described in P.R. #1 <500.00> Item #2: Provide additional structural items as per P.R. #2 1457.80 Item #3: Provide light and switch at Kitchen Hood as per P.R. #3 172.00 Item #4: InsL:'l11 roof mounted air intakes as per P.R. #4 1495.00 Item #5: Provide two type "C' lights as per P.R. #5 373.00 Item #6: Provide exit light as per P.R. #6 345.00 Item #7: Provide revised soffit detail as per P.R. #7 1575.00 Item #8: Provide credit for owner provided D.F. as per P.R. #8 <300.00> Item #9: Provide additional sidewalk, gutter and railing as per P.R. #9 3655.00 Item #10: Provide sanitary napkin dispensers as per P.R. #11 345.00 Item #11: Revise duct size at D.W. as per P.R. #13 172.50 Item #12: Revise floor finish as per P.R. #14 0.00 Item #13: Provide flared fitting as per P.R. #15 86.25 Item #14: Provide additioal conduits and boxes as per P.R. #16 345.00 TOTAL CONTRACT CHANGE $9,221.55 -- . . l' GEH PHONE 1-955-1962 .. METRO 446-1325 FAX 1-955-1902 Construction~ Inc. 601 LEWIS AVENUE NORTH P.O. BOX 698 WATERTOWN, MN. 55388 GERALD E. HENDRICKS PReSIOENT February 10, 1997 .: ~ ~ . I.." . TSP\One. Inc. 21 Water St. Excelsior, MN 55331 Attn.: Rick Wessling .'S~ .: Re: Proposal request # 1 Project number: 94711 Southshore Senior Community Center Mr. Wessling: PR NO.1: Delete grease intercl~ptor and associated piping and ~l1ipment. Provide 2" vent for floor sink in lieu of2" vent for grease interceptor (se P-2 on sh~t M..l). Provide vacu~ . breaker on the 1" HW Supply to the electric dishwasher booster heater. ." _ TE~.MechanicaI: Deduct:: $59O.0Q-- Total Deduct:,} 5500.00 Sincerely, )JJ. I~ Todd Hendricks -- '6 PHONE 1-955-1962 METRO 446-1325 FAX 1-955-1902 Construction~ Inc. 601 LEWIS AVENUE NORTH P.O. BOX 698 WATERTOWN, MN. 55388 GERALD E. HENDRICKS PRESIDENT TSP\One, Inc. 21 Water Street Excelsior, MN 55331 Ann.: Rick Wessling Re: Proposal request #2 Project number: 94711 Southshore Senior Commwrity Center Mr. Wessling: 1. East exterior wall: provide 2 layers 1\2" (nominal) OSB ext. sheathing (1 each of wall anchor per . addendum # 1) Material: 15 sheets OSB at $12.00 each - add: $180.00 Labor: 2 men @ 2 hours (4 man hours at $30\hour) - add $120.00 2. Provide 18 Total Simpson HD8A Hold Down and Anchor Bolts where indicated on attached Plan by .. Provide minimwn 2 - 2x6 Anchor Studs at each hold down. Anchor to foundation per Simpson recommendations. Material: 20 - 2x6 studs at $4.35 each - add $87.00 . J!- SiInpson tie downs at $32.00 each- add $576.00 54 bolts, nuts and washers at $1.20 each _ add $64.80 Labor: 1 man 8 hours at $30.00\hour _ add $240.00 GEH Construction - 15% profit & overhead _ add $190.00 ~ TOT AI.. ADD: $1457.80 Sincerely, --- 7~/~ Todd Hendricks . . GE. D :~~~ 1-~~~~~ FAX 1-955-1902 Construction., Ine. 601 LEWIS AVENUE NORTH P.O. BOX 698 WATERTOWN, MH. 55388 GERALD E. HENDRICKS January 23, 1997 PRESIDENT . TSP\One, Inc. 21 Water Street Excelsior, MN 55331 Attn: Rick Wessling Re: Proposal request #3 Project number: 94711 Southshore Senior Community Center lvIr. Wessling: PR NO.3: Provide light switch and power to exhaust hood lights in kitchen. Power from circuit B-1. Frontier Electric material & labor: Add: 150.00 GEH Constr. 15% profit & overhead Add: 22.00 Total Add: $172.00 Sincerely .. 7uM (~ Todd Hen~ricksH -- ~ . G'ER S~~11.~~::~ Construction, Inc. 601 LEWIS AVENUE NORTH P.O. BOX 698 WATERTOWN, MH. 55388 GERALD E. HENDRICKS PRESIDENT January 22, 1997 TSP\One, Inc. 21 Water Street Excelsior, MN 55331 Attn: Rick Wessling Re: Proposal request #4 Project number: 94711 Southshore Senior Conununity Center lvIr. Wessling: PR NO.4: Install roofmoWlted fresh air intakes on west or east slopes at roofvs. on the south slope as indicated. TEK lvlechanical material & Labor: Add: 1300.00 GEH Constr. 15% profit & overhead: Add: 195.00 Total Add: $1495.00 Sincerely 7~/~ Todd Hendricks ...-' . . 1" . G-ER ~:;~~11~~!::~ Construction, Inc. 601 LEWIS AVENUE NORTH P.O. BOX 698 WATERTOWN, MN. 55388 GERALD E. HENDRICKS PRESIDENT January 23, 1997 TSP\One, Inc. 21 Water Street Excelsior, MN 55331 Attn: Rick Wessling Re: Proposal request #S Project nwnber: 94711 Southshore Senior Conununity Center . Mr. Wessling: PR NO.5: Add two(2) Type C lights in south west comer of room #107. COIUlect to nearest circuit. Frontier Electric material & labor: GEH Constr. 15% profit & overhead . Sincerely 7oM.j~ Todd Hendricks Add: 325.00 Add: 48.00 Total Add: $373.00 ...-. -t G-ED ~~~~1-~t~~~ FAX 1-955-1902 Construction., Inc. 601 LEWIS AVENUE NORTH P.O. BOX 698 WATERTOWN, MN. 55388 GERALD E. HENDRICKS PRESIDeNT January 23, 1997 TSP\One, Inc. 21 Water Street Excelsior, MN 55331 Attn: Rick Wessling Re: Proposal request #6 Projectnwnber:94711 Southshore Senior Community Center Mr. Wessling: PR NO.6: Provide exit sign at wall near door in movable partition in room #107. Frontier Electric material & labor: Add: 300.00 GEH Constr. 15% profit & overhead Add: 45.00 Total Add: $345.00 Sincerely 7~~ Todd Hendricks --- ',ll . . l' . GEH ~~~~11.;:~:~ Construction, Inc. 601 LEWIS AVENUE NORTH P.O. BOX 698 WATERTOWN, MH. 55388 GERALD E. HENDRICKS PRESiDeNT January 22, 1997 TSP\One, Inc. 21 Water Street Excelsior, MN 55331 Attn: Rick Wessling Re: Proposal request #7 Project nU[nber: 94711 Southshore Senior Conununity Center . ?vIr. Wessling: PR NO.7: Provided revised soffit detail at moveable partition as per detail enclosed. Hangar brackets(materiaI): Add: 600.00 Framing & Insulation materials: Add: 200.00 Carpentry labor: Add: 400.00 Dlywall material & labor: Add: 175.00 GEH Constr. 15% profit & overhead: Add: 200.00 . Total Add: $1575.00 Sincerely ?v!&- I~ Todd Hendricks --- . G-ER PHONE 1-955-1962 METRO 446-1325 FAX 1-955-1902 Construetion" 'ne. 601 LEWIS AVENUE NORTH P.O. BOX 698 WATERTOWN, MN. 55388 GERALD E. HENDRICKS PRESIDENT January 16, 1997 TSP\One, Inc. 21 Water Street Excelsior, MN 55331 Attn: Rick Wessling . Re: Proposal request #8 Project nwnber: 94711 Southshore Senior Conununity Center Mr. Wessling: PR NO.8: Provide credit for the Owner providing one of the two scheduled drinking foWltains on the job. Owner will waive warranty on equipment for this item. MateriaI( one drinking fountain): Deduct: $300.00 . Sincerely-- 1~/~ Todd Hendricks ~ --- -GoER ;~:1~~~: Construction" Inc. 601 LEWIS AVENUE NORTH P.O. BOX 698 WATERTOWN, MN. 55388 GERALD E. HENDRICKS PRESIOENT . . January 23, 1997 TSP\One, Inc. 2! Water Street Excelsior, MN 55331 Attn: Rick Wessling Re: Proposal request #9 Project nwnber: 94711 Southshore Senior Conununity Center Mr. Wessling: PR NO.9: Provide additional sidewalk, gutter, down spouts, splash block and railing as per attached drawings. PR 9.1 and PR 9.2 (relocate plantings as directed by Architect). One splash block: 50' - 5" gutter and downspout: 56'x5' SidewaIk(280 sq. ft.): 21'x3' 11\2 diameter pipe railing material, installation, painted to match doors: Grading & ground preparation: GEH -Constr. 15% profit & overhead Total Sincerely 7JJ62 /~ Todd Hendricks Add: 50.00 Add: 200.00 Add: 980.00 Add: 1750.00 Add: 200.00 Add: 475.00 Add: $3655.00 -- t . GED ~~~~1~::!::: Construction, Inc. 601 LEWIS AVENUE NORTH P.O. BOX 698 WATERTOWN. MN. 55388 GERALD E. HENDRICKS PRESIDENT January 16, 1997 TSP\One, Inc. 21 Water Street Excelsior,1vfN 55331 Attn: Rick Wessling Re: Proposal request #11 Project nwnber: 94711 Southshore Senior Community Center Mr. Wessling: PR NO. 11: Provide two sanitaIy napkin dispensers( Bobrick Model B354) in womens bath #112. !\1ateria1s(Bartley Sales): Add: 200.00 Installation labor: Add: 100.00 GEH Constr. 15% Profit & Overhead: Add: 45.00 Total Add: $345.00 Sincerely ... --;- IO.n - . J 7dm /~ Todd Hendricks .....-' . . t - GEB PHONE 1-955-1962 ~ METRO 446-1325 FAX 1-955-1902 Construction, Inc. 601 LEWIS AVENUE NORTH P.O. BOX 698 WATERTOWN. MH. 55388 GERALD E. HENDRICKS PRESIDENT February 3, 1997 TSP\One, Inc. 21 Water Street Excelsior,1vfN 55331 Attn.: Rick Wessling . Re: Proposal request #13 Project number: 94711 Southshore Senior Community Center Mr. Wessling: PR NO. 13: Revise duct size from dishwasher unit from 8" diameter to 10"xl0". Coordinate with dishwasher unit supplier and installer. Mechanical materials and labor: Add: 150.00 GEH Contr.. 15% profit & overhead Add: 22.50 . Total Add: $172.50 Sincerely 7crJ:.Q J~ Todd Hendricks --' . GED ~;;~~1~~~}:~ Construction, Inc. 601 LEWIS AVENUE NORTH P.O. BOX 698 WATERTOWN. MN. 55388 GERALD E. HENDRICKS PRESIDENT FebIll31)' 10, 1997 TSP\One, Inc. 21 Water St. Excelsior, N!N 55331 Attn.: Rick Wessling Re: Proposal request #14 Project number: 94711 Southshorc Senior Community Center Mr. Wessling: PR NO. 14:Provide VCT in Rooms #111 and #113 us~ Carpet, VCT to be Kentile or. Architects approved substitution. No cost Change Sincerely, 7~/~ Todd Hendricks -- . . t 'G' "ED ~~~~1-~~~~~ . FAX 1-955-1902 Construction, Inc. 601 LEWIS AVENUE NORTH P.O. BOX 698 WATERTOWN. MN. 55388 GERALD E. HENDRICKS PRESIDENT . . January 16, 1997 TSP\One, Inc. 21 Water Street Excelsior,:MN 55331 Attn: Rick Wessling Re: Proposal request #15' Project nwnber: 94711 Southshore Senior Conununity Center Mr. Wessling: PR NO. 15: Provide flared connection and valve for Owner supplied coffee maker below sink in room #105. Material & Labor: GEH Construction 15% profit & overhead- TOTAL ADD: Sincerely 7trP12 ~ Todd Hendricks Add: $75.00 Add: $11.25 $86.25 't -- 'G'ED ~~~~1-~t~~~ FAX 1-955-1902 Construction, Ene. 601 LEWIS AVENUE NORTH P.O. BOX 698 WATERTOWN. MH. 55388 GERALD E. HENDRICKS PRESIDENT January 23, 1997 TSP\One, Inc. 21 Water Street Excelsior, MN 55331 Attn: Rick Wessling Re: Proposal request #16 Projectnwnber:94711 Southshore Senior Community Center Mr. Wessling: PR NO. 16: Provide conduit and boxes as shown on attached PR16.1. Frontier Electric material & labor: Add: 300.00 GEH Constr. 15% profit & overhead Add: 45.00 Total Add: $345.00 Sincerely 7o!JrJ- /~ Todd Hendricks -- . . 't MAYOR Tom Dahlberg CITY OF SHOREWOOD COUNCIL Kristi Slover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY CLUB. ROAD · SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator Larry Brown, Director of Public Works ~" June 3, 1997 . FROM: DATE: RE: Acceptance of Petition for Local Improvement and Authorization to Prepare a Feasibility Study for the Extension of Municipal Water Service Attachment 1 is a petition for four residents requesting the extension of municipal water. Attachment 2 shows the layout of the subject lots. . Last May, the City received several inquires about the potential of extending city water service from the South Link Project (Boulder Bridge Drive to the City of Victoria) back to various properties, as shown in Attachment 3. At that time it was discussed that a lateral could be extended to serve these properties, however easements would be required. Soon after a public information meeting was conducted, it became apparent that gaining easements was not likely. The petition being presented for your consideration now is for four of the original properties which share 'acomriionariveway to Smithtown Road. The subject properties are all adjaGent to each other, with watermain being available within the Smithtown Road right of way. A resolution is attached for your consideration. A Residential Community on Lake Minnetonka's South Shore #9 . . May 21, 1997 Mr. Tom Dahlberg 5755 Country Club Road Shorewood, MN 55331 Dear Tom, g r ~ My four neighbors and I are interested in running city water down our shared driveway from the main on Smithtown Road. The main passes directly in front of our driveway. Our driveway is gravel, approximately 1,400 feet long, and services the five addresses below. -; Would you please layout the options and related costs to run water down our driveway. Enclosed is a plat of our properties for your review. Please contact me for any additional information you may need. Thank you ! iiddltdr ~lIlWicka"'" .- 27930 Smithtown Road (W) 937-3812 (H) 474-3525 ~. _ ~ tAl~.lRJ -21 i <.{ ~ 5,..j!'\.. f. RJc..I_r. <.{ { 0 iJ 1z/.,<f,T\c..( N t{-l ~rYd{ ~ ft{jJ!,~{lawcr ;} 7q ID Sri/} l-ItrfokM J<c( lllJ 3'10 ft?C:d- If lfOI-qt;~ {J.MD l+:iF tJs;~~O 2-7!W S..A-1 t77f1Cu1tJ - W 1'1'3- 5Z'O tf- C{ 7L( - rV<t ~ Attachment 1 .-t. :'. . _~~ . ,,>,~t~~~~tt,;.. " ' i ..... '"~,-:'::''' -".,..:.... ... , . " ,.0 ' .. ..~... .,.. -..-................-...........:....:... :........... "":" C.:... ............ .:.:'......... ......:.....~. ~.~:. .:.-........~.....: ....:: ..... , , , , , : : i "' , "SMlTHtO< _ _ -'.' ' U'J'N . 7. ~ - . 'BAY , ..... CD .... )J , ,~ "4'~ ~. :\.' \QJ .:;.~ ~ ~ ';. :;i.ID .. ~ ~ ... ~ -0 -, .., .... --' i~. --.> .lei ",' -... ... \./ .... ~ ~'" ~.~ .J~~.~.................. ::l ..... 0'1 . . .... . .; . c:::::!)j .~. ,. I'J ~:,. 0)"- -- ~ s. ,... ~ '" ~ - lj 9-- ..J (g} ..1) ~ U\ ..... ... ~ ,. 0 ..... ~ ~ ~ " '" . ;: .. SoC' ''''. ~ ~ 4. 130.5 HI"52" 170 . J i l -, \ . ;~, - ...~. .-ct;..., ... .,..,\~ ... ?ti4_1.~. .')"25' 19.::t - 315. n. 18,:' aT 11-5lM.e7 ...;;" ....... ... ...... L :~ t.....::__ i5 ~ { e2.0'1 ... 1'-96 t. 61 -!:~ . : 11.0ll Sa. L .,. '\ ~ -- 1 ~ "'. ;,..J Attachment 2 ~'k" ~.Li\JL- ~ jj, ~ /)!j /)!j J( &._ ;:il Vlnrc" . ""'. '';':'".::-~~~ .", . .:. . ~ . . . ;' ~: '. . ...... ...~ .... ..:t~~a"il~ ;:::- ., ,fl.. . >11 tt ... ..... ".I'~~ ~ R . . '<C ..... .. ! '" z b ~ 1- ......-4 ~ v1 'e1 I rf) nt3 Attachme GOd: ---"-... so*' - --. -.-s ... ..... ";5'0 S v : D 1: NVOS CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION DECLARING THE ADEQUACY OF A PETITION FOR IMPROVEMENTS WHEREAS, the City has received a petition (Petition) requesting that the City allow the watermain to be extended and the petitioners' property; and WHEREAS, the Petition requests that the City research options for extension and related costs; and WHEREAS, the names of those petitioners and their associated locations are as follow: 1. Bill Wicka . . . . .. . .. . . . .. . . . .. .. .... . ... .. .27930 Smithtown Road 2. Dan and Alane Johnson. . . . . . ... . . . .. .. .27944 Smithtown Road 3. Darrell and Missy Carver. . . . .... . . .... .27910 Smithtown Road 4. David and Patti Wessner............... .27920 Smithtown Road WHEREAS, the City has reviewed the Petitions and identified the owners of the real properties . abutting the streets named in the Petitions and determined that the Petitions have been duly executed by the owners of 100% of the frontage of the real property abutting on the streets named in the Petitions as the location of the improvements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. The Petitions are hereby declared to have been signed by the owners of 100% of the frontage of the real properties abutting on the streets named in the petitions as the location of the improvements. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. That the trunk water charge of $5,000 be levied against the property for up to fifteen (15) years for the above referenced Petitioners. . June, 1997. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk . . 1 ORDINANCE NO. AN ORDINANCE RELATING TO. WATER TRUNK CHARGES AND SPECIAL ASSESSMENTS; AMENDING SHOREWOOD CITY CODE SECTIONS 903.18, SUBD. 6 AND 1301.02 THE CITY COUNCIL OF THE CITY OF SHOREWOOD. MINNESOTA, ORDAINS that the City Code of the City of Shorewood is amended as follows: Section 1. Section 903.18, Subd. 6 is amended as follows: Subd. 6 - Assessment Method a. Unit Method Assessments for City water shall be made in accordance with the formula in the following table: Formula Existing Future Land Use Lot of RecordlUnits Newly Created Lots or Units Single Family R R-++ I Multiple Family* R + 0.25 RU 2R I 0.5 TU T + 0.25 TU Property Zoned 1.5R 1.5 R Dc ~ T Uc Commercial But Not Yet Used as Such .75 T U!:+ .5 T Uc ZonectandDeveloped as 1.5 R Uc 1.5 R Uc-l T Uc Commercial Property .75 T Uc+ .5 T Uc Schools, Churches, R (40,000 s.f. or land or less) R++ T (40,000 s.f. of land or Government, and Other less) Nonresidential 1.5R (over 40,000 s.f. of land) 1.SR I 1.ST 1.5 T (over 40,000 s.f. of land) Page 1 #/0 r .... In addition to the above, developers of new subdivisions will be required to install lateral mains, services and appurtenant items at the time of platting. New assessment charges applied against newly divided or developed land shall be credited the amount of assessment charges against the original parcel. T = Trunk Charge: ..\ charge An assessment due at the time a new lot is created':". a zonin~ action is takeR. or a bllildin;; permit tbat creates additioRa:l units This charge may be levied only OR request. under any of the following circumstances: a) water is available. b) water will be made available pursuant to a subdivision agreement. or c) the developer requests that the assessment be levied to avoid the obligation to pav water connection fees at a later date. R = Assessment Rate: An assessment levied against a lot when water becomes available. D = # of dwelling units. Dc = Number of equivalent residential units. * Multiple family dwellings include those buildings designed with two or more dwelling units. For the purposes of this ordinance, no more than 12 dwelling units will be allowed for each base rate ( R ) applied. Assessment fees and trunk charges are per structure. . (Ord. 302, 7-10-95; Ord. 306, 10-23-95) b. Comer Lots. Shall be assessable when water becomes available. Section 2. Those parts of the Table in Shore wood City Code Section 1301.02 shown below are amended as follows: 1. TYPE OF CHARGE/FEE CITY CODE REFERENCE 903.18.06 903.03.3 CHARGFJFEE Water Trunk Charge 5,000.00 10.000.00 . Water Connection Fee 5,000.00 Connection fee shall be the same as the amount specified in Section 903.18. Subd. 6.a. less any amounts previously paid for trunk water improvements as special assessments or for trunk charges at the time of subdivision of land pursuant to Section 903.18. Subd. 6.a. Page 2 . . Section 3. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 9th day of June, 1997. Tom Dahlberg, Mayor ATTEST James C. Hurm, City Administrator/Clerk Page 3 ,. MAYOR Tom Dahlberg CITY OF SHOREWOOD COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (61'2) 474-3236 FAX (612) 474:0128' www.state.neVshorewood . cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator ~J FROM: Larry Brown, Director of Public Works . DATE: June 3, 1997 RE: Approval of Plans, Specifications and Estimate, and Authorize Advertisement for Bids for the Reconstruction of the Shady Island Bridge Construction Plans and Specifications have been prepared for the reconstruction of the Shady Island Bridge. Plans include the construction of a timber bridge, 20.0' wide face to face of curb, with minor improvements to the approach roadways. . To date, this project has been on hold until issues regarding impacts to the flood plain could be resolved. As part of the safety improvements to the bridge, the profile is being designed to smooth out the bump in the vertical profile of the bridge. This will increase sight distance for the bridge, and provide safer traffic flow. By softening the approaches to the bridge, it was determined that there would be approximately 110 Cubic Yards of flood plain impact that would have to be mitigated. ReYiews ofthe"p1ans with the Minnehaha Creek Watershed District, outlined"thauhe mitigation would need to occur at or near the site of impact. Review of the surrounding properties within the area left us little alternative but to include portions of retaining wall to avoid impact to the flood plain. Therefore, a modular block wall (Keystone wall or approved equivalent) is being suggested on the north and southeast sides of the project. This will avoid impacts to the flood plain which would have required that the City acquire an existing lot to perform this mitigation. Slopes of the embankment will be covered with rip rap (not grouted) to ensure the stability of the side slopes. Through the design phase of the project, the City has conducted meetings with the bridge advisory committee to discuss issues regarding the type of bridge to be constructed, the vertical profile, and other design aspects. We decided quite some time ago to hold off on further meetings until the City could define all of the design constraints that the Watershed District, DNR, and Army Corps of Engineers would mandate through the design review process. Once these design constraints were reviewed, we would return to the committees. A Residential Community on Lake Minnetonka's South Shore #// Mayor and City Council Shady Island Bridge June 3, 1997 Page 2 of2 Staff has promised residents on the island that we would conduct a public information meeting with the residents to insure that the design aspects of the project will meet their needs. Mr. Delaney who has served as a spokesperson for the committee, has suggested a June 12th meeting at City Hall to review the design, and discuss any changes that may be needed. Attachment 1 is the updated engineer's estimate for the project. Soft costs have been included for reference. . Engineer's Estimate Contingency (10%) Design, Legal, Inspection (20%) Grand Total $ 261,504 $26,150 $ 52.301 $ 339,955 The last Capital Improvement Program (eIP) had estimated a cost of260,000 as a project cost. The current cost represents a 30 percent increase in what was originally estimated: If approved, the funds will be taken from the local roadways 'fund. Statutory Bidding requirements mandate that the City must advertise for 21 days due to the cost of the project. In light of the emergency repairs that have already been performed, staffis recommending that we proceed with approval of the plans, specifications, and estimate to allow placement of the advertisement. This will insure that this project does not get pushed off too late in the season to create problems for early winter conditions. Within that 21 days, staff and any interested City Council members will have more than ample opportunity to meet and discuss any changes that may be desired. This would provide for a tentative schedule as follows: . Approve Plans and Specs Place Ad fof"Bid-' Meet With Committee Ad is Published Addendum to bid (if required} Bid Opening Award Contract Begin Construction End Construction June 9, 1997 June 11,1997 June 12,1997 June 16,1997 June 17,1997 July 9, 1997 July 14, 1997 August 4, 1997 October 31, 1997 OSM Associates will be present at the City Council meeting to present the plans in detail, and to address any questions the City Councilor Public may have. If the City Council is comfortable proceeding in this manor, it is recommended that the plans, specifications and estimate be approved, and the advertisement for bids be authorized as outlined herein. A resolution is attached for your consideration. 06/05/97 THU 13:42 FAX 16125955773 . . ENGINEER'S ESTIMATE aSM PROJECT NUMBER: 96038.02 aSH PROJECT: SHADY ISLAND BRIDGE . DESIGN PHAse CITY Of SHDREWOOD PROJ. NO.: CITY PROJ. NO. 95-19 SHORE~, MINNESOTA BRIDGE AND APPROACH ROADYAY BID ITEMS I~em No Spec No Description 1 2021.501 2 2101.502 3 2101.507 4 2104.501 5 2104.501 6 ~104.505 7 2104.513 8 2105.501 9 2105.522 10 01710 11 2211.501 12 i!211.501 13 2331.508 14 2331.514 15 2357.502 16 0401.601 17 2402.521 18 2403.S0~ 19 2403.506 20 0403.602 21 0403.602 22 0403.602 23 0403.602 24 0403.602 25 0403.602 26 0403.602 27 0403.602 28 0403.604 29 0411.603 30 2442.501 31 2452.503 32 2452.504 33 2452.517 34 ~501.515 35 2501.561 36 2511.501 37 2511.511 ~-251h515 39 2511.515 40 2554.501 41 2554.521 42 2554.523 43 2573.502 44 2573.505 45 2575.505 46 2621.503 47 26~1.522 I4J 002 ORR'SCKELEN-"AYERON & AssociATES DATE: DECEMbER 12, 1996 Es~jmated Quantity Units BY: PAUL HORNBY, P.E. Estimated Unit Price ..---------.-.~-------~...~--------....~ ---.---~.~ -~.--.-... _______A____ ____..~_._____ Estimated I tem Total MOB I LlZATrON CLEARING GRUBBING REMOVE PIPE CULVERTS ~EHOVE GUARD ~AIL REMOVE BITUMINOUS PAVEMENT SAYING BIT PAVEMENT (FULL DEPTH) COMMON EXCAVATION (PLAN QUANTITY) SELECT GRANULAR BORROW (CV) CLEAN-UP AGGREGATE BASE CLASS 2 AGGREGATE BASE CLASS 5 100% CRUSHEO ROCK TYPE 41 YEARING COURSE MIXTURE TYPE 31 BASE COURSE MIXTURE BITUMINOUS MATERIAL FOR TACK COAT STRUCTURE EXCAVATION STRUCTURAL sTEEL (3306) TREATED TIMBER HARDWARE PREFAB TIMBER PANELS TYPE "A" PREfAB TI"BER PANELS TYPE "B" PREFAB TIMBER PANELS TYPE "e" PREFAB TIMBER PANELS TYPE noN PREFAB TIMBER PANELS TYPE "E" PREFAB TIMBER PANELS TYPE "FN PREFAB TIMBER PANELS TYPE "GN PREFAB TIMBER PANELS TYPE "KN GLUED LAMINATED RAIL TYPE 1 MODULAR BLOCK RETAINING WALL REMOVE OLD bRIDGE CL8863) TREATED TIMBER PILING DELIVERED TREATED TIMBER PILING DRIVEN TREATED TIMBER TEST PILE 65 FT LONG 12" RC PIPE APRON 12" RC PIPE CULVERT DES 3006 CL V RANDOM RIPRAP CLASS V GRANULAR fiLTER (P) GEOTEXTILE FILTER TYPE IV GEOTEXTILE FILTER TYPE V TRAffiC BARRIER DESIGN A8307 ANCHORAGE ASSEMBLY-PLATE BEAM TYISTED END TREATMENT SILT FENCE,HEAVY DUTY fLOTATION SILT CURTAIN SODDING TYPE LAYN L.S.II.I. 8 - A ADJUST fRAME ~ RING CASTING 1 LUMP SUM 2 TREE 2 TREE ,6 LIN FT 235 llN FT 690 SQ YO 355 UN FT 240 CU YO 270 CU Yo 1 LUMP SUM 30 TON 400 TON 96 TON 114 TON 42 GALLON 1 LUMP SUM 1 LUMP SUM 1 LUMP SUM 1 LUMP SUM 1 EACH 1 EACH 1 EACH 1 EACH 2 EACH Z EACH 2 EACH 2 EACH 127 UN FT 1330 SQ FT 1 LUMP SUM 1680 LIN FT 1680 UN FT 4 EACH 2 EACH 20 UII fT 320 CU YO 60 CU YD 290 SQ YD 930 SQ YO 280 UN FT I, EACtl 2 EACH 300 lIN FT 550 UN FT 240 SO YO 1 lUMP SUM ~ EACH TOTAL BRIDGE AND APPROACH ROADWAY BID ITEMS 10,000.00 500.00 500.00 10.00 3.50 5.00 5.00 7.50 12.50 2,000.00 15.00 14.00 36.00 34.00 2.50 13,000.00 1,000.00 12,000.00 7,500.00 3,BOO.00 3,800.00 3,800.00 3,800.00 3,500.00 3,500.00 3,500.00 3,500.00 17.00 25.00 15,000.00 13.00 3.00 4,800.00 500.00 25.00 55.00 18.00 5.00 3.50 15.00 1~5.00 700.00 5.00 20.00 4.00 9,500.00 200.00 10,000.00 1,000.00 1,000.00 260.00 822.50 3,450.00 I,m.oo 1,800.00 3,375.00 2,000.00 450.00 5,600.00 3,456.00 3,876.00 105.00 8,000.00 1,000.00 12,000.00 7,500.00 3.800.00 3,800.00 3,800.00 3,800.00 7,000.00 7,000.00 7,000.00 7,000.00 2,159.00 33,250.00 15.000.00 21,840.00 5,040.00 19,200.00 1,000.00 500.00 17,600.00 l,OBO.OO 1,450.00 3,255.00 4.200.00 500.00 1,400.00 1,500.00 11,000.00 960.00 9,500.00 400.00 $261.503.50 & /6/1/ SHADY ISLAND BRIDGE REPLACEMENT & ROADWAY APPROACH RECONSTUCTION BRIDGE NO. 27 A34 CITY PROJECT NO. 95-19 f SHOREWOOD,MINNESOTA PI\OJEC1' LOCATION . . -, SU ME' l'''' F\lll I1lItO 1:1 1'\.11( 1HU!U = ...~ iir I. ... III ~ 'II ~ lu ~ sir( . ~ 1;1i f nib f i, . lb !: ... ll!; ..=iI ... i. J ~ - .. :II ~!I '" ~h .~lH ,d "if -:U II! o:l~~ n ,., j-I ~511 8.. Ii. }I - 1 <0' ,..........,.~t....;.j.:.~, ---- ~ P1x ~ RS ~il!;;~ I II i:W~ e .. l:~ .....0 ... ~~~ ! .. ~ ....;:~l i i ~~F" i i ::r:ii ~::iC .. "".. ,..,,!:' a ;:l ~:" . ~ w = 0 :; . !!lE &- ~ij ...;; ~ i= =- .1 z.. ~5 i:; /~ ~~ I :~ i ! ~ I :=:1" ) ;';101/ \ .~:~; &~ r!~ =~A ;=~ ~I ::L = :H .... -:~... ~:! ~E ~pU'l =~ ..Q -< .- ~!!; U'I PJi :it! .- ~i~l: =ag :: .. a !ll" ;tl" ... N c:J E" ll~ ;;D ... .... fiat ;; ~p Cl ~P1 $ . G~'" !:I ~~I;~ - ~!lP." "'~i:I;! ~'" ~= ~""~I!:'" IjlI;~ J1!~~-i1; m :: H&.;:.~".fJ ,..." :g ;~ ~i_~ i= s=~ g.{l: ic ;f!o~~!'~ ~~ i ~ ..;;z~ ;~I! = !r-m ~~--~... ~..-.. ~.. ~ =li~-;i~~ ~ _lit ... z:-: --. ~- ~ 9- ... FO~ .,..... -if. tit . Ie; !:;iii ! :.."":.: :::1I.~ ~~.. il! lS" ..:' 1.1 ~?:.,: ;U ~ lS 5HADT I5I.AIC) lII'IlUGE API'IIOA(:H IIOADWAY "-A" CITY I'ttO.IECT 110. 95-t' SMIllIhOCJO . 1I11H:!lJ1''' -...-..............--- ...--......"'........-... ......"".""'._~.-.- .. .....-. Ill&. .~~..... "'" 01 I f I =1 1....." I r . I I I .~ I,' .. ..... II ~ ~ ~;t ~fi =y ::. ~ tit 11 5 .. I r.. ~.. .... :! ~" ~l r~ i~ i (f) r >- :z o OJ ::0 o C) P1 .. ~ II ~ ;ti !!: ~ III !: ;:\ .....-- ~..& tIl'a4 CITY OF SHOREWOOD RESOLUTION NO. 97-_ A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND ESTIMATES AND AUTHORIZING ADVERTISEMENT FOR BIDS ON CITY PROJECT 95-19 SHADY ISLAND BRIDGE RECONSTRUCTION PROJECT WHEREAS, pursuant to Resolution 96-63 adopted by the City Council July 8, 1996, Plans, Specifications and Estimates for the design phase of City Project 95-19 were prepared. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: . 1. Plans, Specifications and Estimates were prepared by Orr-Schelen- Mayeron & Associates, engineer for such improvement pursuant to Council Resolution 95-19. Said plans, specifications and estimates 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 upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at 10:30 a.m. on July 9, 1997, 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 9th day of June, 1997. Tom Dahlberg, Mayor . ArrEST: James C. Hurm, City Administrator/Clerk . CKNO 20871 20872 20873 20874 20875 20876 20877 20878 20879 20880 20881 20882 20883 20884 20885 20886 20887 20888 20889 20890 20891 20892 20893 20894 20895 20896 20897 20898 20899 20900 20901 20902 20903 20904 20905 20906 20907 20908 20909 20910 20911 . CHECK APPROVAL LISTING FOR JUNE 9, 1997 COUNCIL MEETING CHECKS ISSUED SINCE MAY 27,1997 TO WHOM ISSUED PURFa3E U.S. POSTMASTER JUNE NEWSLElTER POSTAGE JOHN R. DUBOIS SPRINT PCS STATION - WTR lWR PERA. PERA. ICMA RETIREMENT DEFERRED COMP CITY CTY CREDIT UNION PAYROLL DEDUCTIONS ANOKA CTY SUPPORT/COLLECT CHILD SUPPORT-C SCHMID MN DEPARTMENT OF REVENUE STATE TAX THE CONSULTING MAC COMPUTER CONSULTING HEBERT, KATHLEEN SEC 125 REIMB AT&T WIRELESS SERVICES AIR TIME NIELSEN, BRADLEY SEC 125 REIMB f\SP UTILITIES PAZANDAK, JOSEPH MILEAGE/SEC 125 REIMB US WEST J COMMUNICATIONS/ADVERTISING WASTE MANAGEMENT UTILITIES WESTONKA MECHANICAL PERMIT FEE REFUND MIDWEST COCA-GOLA MISC PURCHASES GTE DIRECTORIES ADVERTISING LEEF BROS MATS MARLIN'S TRUCKING FREIGHT QUALITY WINE AND SPIRITS L1QUORtWINE/MISC PURCHASES PERA. JUNE LIFE INSURANCE MEDICA JUNE HEALTH INSURANCE HEALTH PARTNERS JUNE HEALTH INSURANCE LEAGUE OF MN CITIES JUNE DENTAL INSURANCE MN MUTUAL LIFE JUNE DISABILITY UNUM LIFE INSURANCE CO JUNE LIFE INSURANCE AFSCME COUNCIL 14 DELTA DENTAL .KRIESEL,DREW MAY JANITORIAL THE CITY OF TONKA BAY JUNE TB LIQUOR RENTAL GRIFRN COMPANIES LIQUOR 1 JUNE RENTAL RYAN PROPERTIES, INC LIQUOR 2 JUNE RENTAL f\SP UTILITIES ROWEKAMP ASSOC. GIS SEMINAR NIELSEN, NAAB, BROWN TOTAL REGISTER SYSTEMS SUPPLIES BELLBOY CORPORATION LIQUOR AND MISC PURCHASES BELLBOY BAR SUPPLY MISC AND SUPPLIES PURCHASES GRIGGS, COOPER AND CO LIQUOR, WINE & MISC PURCHASES JOHNSON BROS LIQUOR CO LIQUOR, WINE, BEER PURCHASES LAKE REGION VENDING MISC PURCHASES PAUSTIS WINE CO WINE PURCHASES Page 1 AMOUNT $559.01 .525.00 2,584.03 847.37 929;00 156.50 1,391.90 40.00 192.30 176.50 100.00 173.33 339.46 1,293.54 421.30 105.50 298.67 39.00 26.20 368.00 1,957.11 45.00 5,353.45 2,912.51 585.63 94.50 87.60 224.00 230.00 1,000.00 6,901.00 3,358.79 822.69 75.00 53.85 4,603.27 148.35 11,098.75 8,038.86 1,382.92 1,005.09 . . CKNO 20912 20913 20914 CHECK APPROVAL LISTING FOR JUNE 9, 1997 COUNCIL MEETING CHECKS ISSUED SINCE MAY 27, 1997 TO WHOM ISSUED PHILLIPS WINE AND SPIRITS QUALITY WINE AND SPIRITS THE WINE COMPANY PURFa3E L1QUORtWINE/BEER/MISC PURCH LIQUOR AND WINE PURCHASES WINE PURCHASES TOTAL CHECKS ISSUED Page 2 AMOUNT $5,904.15 407.02 764.45 CITY OF SHOREWOOD CHECK APPROVAL LIST FOR JUNE 9,1997 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT ____~____._._.._~_._._M_____._.._._ ________ ____.____.__~ 20915 ADAM"SPEST CONTROL. INC PEST CONTROL 20916 B & J AUTOMOTIVE TUNE UP 20917 BIFFS. INC. PORTABLE TOILET RENTAL 20918 BOB RICHARDS PHOTOGRAPHY COUNCIL PHOTO 20919 JRK. INC GRASS SEED 20920 CROSSTOWN-OCS, INC.. COFFEE 20921 DALE GREEN CO BU.')CK Dnrr .20')22 EULL. ,. S M(.if-.jUF(~CTUr-~Ii".JG 11".1(:: 20923 EXCELSIOR-CITY OF P(.iF<~}<. I NG CUI~BS l"iUN BLDG C I TV GI-"4I-< P(~RKS & COUNCIL f'iUN SLDG F) (~F~~ }<. ~) I~ 20924 E-1 RECYCLING INC. SIGNAL LrGHT~OAK STREET TRAF CON r1(;~'l F<ECYCLTNG 20925 FINA FLEET FUELING FUEL 20926 GOPHER STATE ONE-CALL, IN APRIL ONE CALL SERVICE APRIL ONE CALL SERVICE *** TOTAL FOR GOPHER STATE ONE-CAL 20927 HOPKINS PARTS COMPANV B~HTEF<~Y 20928 J.R'S APPLIANCE DISPOSAL SPRING CLEAN-UP 20929 LIFE AND SAFETY .2(l930 LOI',JG LAKE POI/,JEF< FIRST AID SUPPLIES EQUIPMENT DETHATCHER RENTAL 20931 htii--t-k'O-SAI..:.E-f...'). I NC.. DUPLIC~~TOF< Ir,.,j}<. 20932 hINNCOMM PAGING ,::) (::) (t E: F~~ 20933 MINNESOTA ON-LINE JUNE INTERNET ACCESS 20934 MN'STATE TREASURER SCWTFO CERTIFICATE :2 () .::.~ 3 .5 r'/j c: r: () (::i MCFOA f'iEMBERSHIP-NAAB 2()':;J3t, r'i I (".jl",jEG{.~SCO UTIL.ITIES UTILITIES lJT I LIT IE~:) UTILITIE~:} UT T L. T T I !:::~3 UTILITIES UTTI...1T1E:8 UTILITIES UT I I... 1T1::::8 Page 3 F<ECYCL Ir.j CITY G~~F< 60.17 111.11 1,161.46 47..93 2,645.20 28..99 t)8~;).. 2() 1 . ::S60 .. 48 LL::5.. 43 4 ~ :2.5E),. ()() 442..17 WATER DE 63..88 SEWER DE 63.87 127.. 7.5 CITY W~F<~ F<~ECYCL I I,.j CITY G(;p CITY G{.~F< --GEN GOVT CIT''1' GAF< ("iU(,.,j BLDG ~:)EI/,JEF<~ DE GEN GO\lT iN (~i T E F<~ () E 1t.!{.~TEF< DE L I (:)UOF<~ 1t.,l{.~iTEh~ DE C I TV G(.ih~ F) () F~~ ~<. ~-.) 8<. ('1UN ElL. Dn L_ I (.~uor.~' L. I qt)Oh~ 112..10 7J.4.00 43.30 170,.05 242.45 4..,~ :::?~:'l 2t.1. 9.~::. 23,. ()() 30..00 24..7'? 121.al .~~) .. ~:} ~:~ .S:2 ,. ~:) () .271 .~ .5~~) 22.. <.j6 49..42:: 2,5 ,~ ()(\ 14, :21 CITY OF SHORE WOOD CHECK APPROVAL LIST FOR JUNE 9,1997 COUNCIL MTG CHECK~ VENDOR NAME DEPT. (;r10UNT DESCF< I PT IOi'j *** TOTAL FOR MINNEGASCO .5 (9. ~2 ,~ () ~~ 20937 NAVARPE TRUE VALUE SIGNS/CABLE CRESCENT 194.25 PPIF?KS .!k 2()9~38 1...jOF<~THERN CITY GAF< 91..S7 T I F<~E3 20939 SHORE WOOD TRUE VALUE E30L T S "-Mf~NOI-< 1=) (4 f~~ },( S & ~.J... ~.-2''::.J 20940 TIME SAVER OFF SITE SEC MEETING MINUTES-COUNCIL GEN GOVT 308.50 MEETING MINUTES-PLANNING PLANNING 57.00 *** TOTAL FOR TIME SAVER OFF SITE 365~50 20941 TOLL GAS & WELDING CITY GAF<~ 41..')4 REFILL WELDING TANKS .2()')42 Ur..jITOG F<Er'~T(;~'--- SEF<~VICES UN I FOF<~I''i~'3 CIT"-( G(.iF? 427.70 20943 BUPEAU OF ALCOHOL,TOBACCO 416008060 ATF (.~TF T(~):X:/F<~EG (.~TF T~~></F<~EG *** TOTAL FOR BUREAU OF TAX -------- 250.00 -------- 250.00 -------- 250.00 ALcOHOL,TO 750.00 20944 G.'---. CONTRACTING, INC. EUREKA RD WATER MAIN PMT -------- 4 ~ :::,~3~:~ ,. t.:l~? *** TOTAL CHECKS FOR APPROVAL 19,217.73 . *** TOTAL CHECK APPROVAL LIST 86,838.33 Page 4 CHECK CHECK TV'PE D{)TE '! COtvi .5 :1.::;) ,)] COtvi 5 ':2~3 <;'7 COM <..: ~~~ ~3 97 ,.' COI"! .5 L~~:5 c) I COI"i .5 :28 9 7 t:::Cij"i l.;. ;::8 ':)7 ..~.l CClf1 .5 2~3 97 C:Oh .~) ~~;.~ ~3 "n cor., ::- 2:f\ 97 C:Of1 <:. ~~(3 97 .._,' COr1 <: ':2~3 ':17 ._, COM 5 2f~ 97 C()f1 <: :28 97 .-' C:OM :::' 28 97 COr'1 .5 :2~'3 97 COh ,- :.2';3 97 . .:.::- CCIM .5 28 '~n C:OM 5 :Z~i 97 COI"'1 ;;,;: ::~8 97 .....1 COh .5 :2;3 97 COh <: 28 97 -' C:OM 5 2'~:} 97 COI"i ,: 28 97 -' C C);vi .5 ~;:'~3 97 COr"'j .5 ~:Z8 97 COt1 ~.: :2ti ':;1 7 .J COI'., .. 2;:l 97 .-' COM .5 2t~ 97 COi"'i .5 2f~ 0:;17 COM .5 ~~~ ~3 (:.i7 cor"! .5 2El 9 7 COh '-:. .~~'. ~-.', 97 . ..' ....~: I::~ COI'1 ;:. :22~ '::.i7 ,_,I COh .5 "28 97 CCti"'i 5 2~3 97 Cor1 ~::. :2'8---') 7- .~ _..~ COh .5 28 97 CO 1'1 c. :...::~ :::.~ 9 l ....' C0i1 .5 2t~ '')i7 CC)r1 .5 ~Z8 97 COf1 .5 :.1:.'0 97 C()I'1 c. .~.~~:~ 91 ..... COtvi .~':1 ~~'~3 ')7 CHEC:}{ M'EGI::.:;TFi-:;' EhPLOYEE tH~I"iE NUI"'jfla-\ 80 WENDY S. ANDERSON 110 CONNIE D. BAS1YR 115 lAWRENC~ A. BROWN 1~u HEATHER A. SLECHTA ~:1.~ ANGELA M. COLE 350 THOMAS A. DAHLBERG 5tH) CH~~I~;IU=S S" DA\I I :.3 775 JAMES C. EAKINS 1100 JOHN J. GARFUNKEL 1150 SUZANNE M. GRAHN 1190 KATHLEEN A. HEBERT 1400 PATRICIA R. HELGESEN 1550 JAMES C. HURM 1601 BRIAN D. JAKEL 1700 JEFFREY A. JENSEN 1800 DENNIS D. JOHNSON 1950 MARTIN L. JONES 2100 WILLIAh F. JOSEPHSON 2200 JOSEPH S. KAGOL 2500 SUSAN M. LATTERNER 2550 PETER W. LENZEN 2760 SARA E. LOTTIE 2800 JOSEPH p. LUGOWSKI 2805 JASON R. lUND 2900 RUSSELL R. MARRON 2930 JENNIFER T. MCCARTY 3000 THERESA L. NAA8 3100 LAWRENCE A. NICCUM 3400 BRADLEY J. NIELSEN 3430 GERALD A. 07NEILL 3435 ANDRtW C. OTTEN 3500 JOSEPH E~ PAZANDAK 3580 CHRISTOPHER J. POUNDER 3600 DANIEL J" RANDALL 3701 BRIAN M. ROERICK 3750 SHANNON A" ROIGER 3800 ALAN J. ROLEK 3815 hICHAEL J" RUFFENACH 3900 CHRISTOPHER E. SCHhIO 4500 KRISTI STOVER 4577 PAMELA T. TURNQUIST 460U BEVERLY J. VON FELDT 4750 RALPH A. WEHLE :<t _:~{*::K -T(j r f4iuS.*::t;.:*::t{ Page 5 CHEC}<. r~ U 1'1 ij E ~:;~ 2.11:::150 2.l18'::,.L 211~~~S2 .:? 1.1 ~:~.5~5 :2 .11 ~:).::;. 4 :2 J. .1 ~3 .5 .~:' 21.18~,6 :21. J, 8.') '7 :2.1 J. t3 .5~:~ 2.11t).59 ~2J..1860 211::361. 21.1.862 2 J. .1 ~3 (:~ ~~) 21V364 2 _t.1 ~:s t\.5 :2~L ~t 8~:~t;. ::,;;.11867 2.11 t:; (.~ ~~~ 2.118{:,9 2J..1S 70 21.1871 LL1f.;72 2~llb72; 2.1.1~3'7 ~t 2J.JE;./'::, ~2 .1.1 ~:~"7 I~:) 2.1J.HI} 21.1~37:~) 21.l. 879 2~LL880 ~2 .1J. ~:~~31 ~2.1.18~~\'2 ~? .1 J. ~:5 ~:~ ~~I 2l1~3;Elt-l- :2.1. ~L ;:;l ~:l 5-.- 21.l~3S(, 211887 2.11;3~3~:~ ~2 J..1 ~:~~:5"} 2118(:;1:) 2118') 1 :2 .1.1 ~3 I:)-;? CHECK (.~l"'iOUr.,.j'r 600. 2:? 292..79 ;1433 "., .1~3 116 ,. ~3S :2 '::.J.5 .~ 1:):2 ''Z ~5 () ,. ~:s'7 '-)231422 7J.7..60 184.70 ::~~2 M .5:2 t.\ t) ~2 .. :5 c::~ 617,,45 1748.30 156.75 920.69 834.95 64.16 ~S~5'2 .. ')14 :~~.5 '. .5:2 t.lti~~ .. 6~l 2;0.3'7 ::~:' .1;:3 l~ .5 ~5 8~~t6 ;. 3((~ :302.5..1. 3:2 .. ~~.5 .Lt~':2,. .5.1 602.37 .t~S.5,b ,. ~L.5 ~:; 73,.70 1.84.,7() 69.>::'.; .LOS(,.47 8.S~:; '4 ~3~:" l017,,56 "7:2 ,. ~?I~~ 104,.59 1142.83 ~2 ~3 }:~ ,. ~".1 448 t. ~:)~? '\'(,i4..70 666.01. 7')" tl4 \~:~ <~':J ~2 ,. 4 ~:~ :2 ~Z (~t ~::; "~:l.. 7" .~~I