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112497 CC Reg AgP y. '-, r 1 CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 24, 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 union negotiations. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Dahlberg_ Stover McCarty _ O'Neill Garfunkel B. Review Agenda 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes November 10, 1997 (Att.-#2A Minutes) B. City Council Work Session Minutes November 10,1997 (Att.-#2B Minutes) 3 . CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: A. A Motion to Adopt a Resolution Establishing a Public Hearing Date Regarding Liquor Operations (Att.-#3A Proposed Resolution) B. A Motion to Adopt a Resolution Approving a C.U.P. for an Institutional Wall Sign (Att.-#3B Proposed Resolution) Applicant: Lutheran Church of Our Savior Location: 23290 State Highway 7 C. A Motion to Adopt a Resolution Authorizing the Execution of a Planning Grant Agreement with the Metropolitan Council (Att.-#3C Proposed Resolution) D. A Motion to Approve a Sign Pennit (Att.-#3D Planner's Memorandum) Applicant: Nordquist on Behalf of Health Systems of Minnesota Location: 19685 State Highway 7 E. A Motion to Adopt a Resolution Accepting the Public Improvements for City Project 95-14 Eureka Road Watermain Extension (Att.-#3E Proposed Resolution) F. A Motion to Adopt a Resolution Accepting the Public Improvements for City Project 95-15 South Link Watermain Extension (Att.-#3F Proposed Resolution) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5 . PARKS - Report by Representative Report by Commissioner Dallman on November 11,1997 Park Commission Meeting (Att.-#5 Draft Minutes) '" ,~ ,. CITY COUNCIL AGENDA - NOVEMBER 24, 1997 PAGE 2 OF 2 6. PLANNING - Report by Representative A. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space Over 1,200 Square Feet (Att.-#6A Planner's Memorandum & Proposed Resolution) Applicant James & Dine Agnew Location: 6065 Eureka Road B. A Motion to Direct Staff to Prepare Draft Zoning Code Amendment and Findings of Fact Regarding a Conditional Use Permit for Self-storage Facility (Att.-#6B Planner's Memorandum) Applicant: Todd Jones, representing Two S. Properties (MN Mini- Storage) Location: 19395 Highway 7 /5170 Vine Hill Road C. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Bank Facility with Drive-Thru (Att.-#6C Planner's Memorandum) Applicant: Bayside Financial Corp. Location: 23780 State Highway 7 7 . CONSIDERATION OF A REQUEST TO WAIVE DELINQUENT UTILITY CHARGES (Att.-#7 Letter of Request) 8. CONSIDERATION OF A MOTION AUTHORIZING PREPARATION OF PRELIMINARY SURVEY FOR BADGER WELL AREA (Att.-#8 Engineer's Memorandum) 9. CONSIDERATION OF A MOTION APPROVING PRELIMINARY DIRECTION TO MNDOT REGARDING IMPROVEMENTS TO THE INTERSECTIONS OF TRUNK HIGHWAY 7 WITH LAKE LINDEN DRIVE, WOOD DRIVE, AND TRUNK HIGHWAY 41. (Att.-#9 Engineer's Memorandum) 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION REGARDING CONTINUING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT (Att.-#10 Proposed Resolution) 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND ESTIMATES AND AUTHORIZING ADVERTISEMENT FOR BIDS - PROJECT NO. 97-06 LAKESIDE W A TERMAIN EXTENSION (Att.-#ll Proposed Resolution) 12. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring B . Report on Messages Received on the Shoreline 13. MA YOR & CITY COUNCIL REPORTS Announcement of Council Open Forum to be Held on Highway 7 Improvements 14. ADJOURN TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS (Att.-#14) CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL EXECUTIVE SESSION COUNCIL CHAMBERS MONDA Y, NOVEMBER 24, 1997 FOLl[.OWING REGULAR MEE~ING AGENDA 1 . CONVENE CITY. COUNCIL EXECUTIVE SESSION A. Roll Call Mayor Dahlberg___ Stover McCarty _ O'Neill Garfunkel_ B. Review Agenda 2. UPDATE ON UNION N~GOTIATIONS WITH THE TEAMSTERS & AFSCME 3. ADJOURN ~ CITY OF SHOREWOOD CITY COUNCIL WORK SESSION TUESDAY, NOVEMBER 25, 1997 5755.COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30P.M. · AGENDA 1 . CONVENE WORK SESSION A. Roll Call B. Review Agenda 2. DISCUSSION ON COMPREHENSIVE PLAN LAND USE SECTION 3. ADJOURN No official action is taken at Work Sessions. c?~ercial development is proposed, it should be located in the shopping center or its immediate vIc~mty". The area surrounding the shopping center has been designated for medium high density reSIdentIal use on the Proposed Land Use Plan map, however, the City should remain open to propos~s [or commercial expansion there as well. Less than one mile east of the shopping center IS an eXIStIng restaurant. It should be noted that Excelsior surrounds this site on three sides and Highway 7 separates the property from the rest of Shorewood. As such, its orientation is more toward the highway and downtown Excelsior. Moving eastward on the Proposed Land Use.Plan map, the commercially zoned property at the intersection of Christmas Lake Road and Highway 7 is suggested for neighborhood commercial or office use. It should be noted that this site is currently under study by the City as to 'l:hat type of specific uses and :lctivity intensity will be allO'tved. has been acquired for public use, primarily for correction of the Christmas Lake Road intersection and drainage. The area in the vicinity of the Vine Hill Road/Highway 7 intersection is primarily neighborhood and convenience type commercial. No change in use nor expansion of the commercial zoning is proposed for this area. "C.... Land Use/Zoning Changes ~ Subsequent to adoption of the 1981 Comprehensive Plan, the City adopted zoning regulations to implement the Land Use Plan. A variety of residential zoning districts were established, a commercial service district was created, regulations for existing nonconforming marinas were adopted, and planned unit development provisions were improved and expanded. The actual zoning of property was limited to changes which made the zoning consistent with existing land use patterns. For example the Shady Hills area had been zonedfor one-acre lots despite having developed as half-acre lots. Undeveloped parcels planned for a higher use than their zoning were not rezoned at the time. Rather, the intent was to rezone property in conjunction with development requests, using the Land Use Plan as a guide. While this approach to rezoning has provided the City with substantial control over development, a more assertive implementation program is recommended for the future. The map on the following page illustrates recommended changes which are necessary to make Shorewood's Land use Plan and Zoning Districts map consistent. Following is a summary of proposed changes (numbers are keyed to the map): 1. Despite being planned for 1-2 units per acre, larger lots have been developed consistent with its R-1A zoning, mostly because of existing drainage problems in the area. Change the Land Use Plan to low density residential, 0-1 unit per acre. 2. The 2-3 units per acre development of this area is more consistent with its R-1D zoning than its 0-1 unit per acre land use designation. Change the Land Use Plan to medium density residential, 2-3 units per acre. 3. Planned for 0-1 unit per acre, the area has been developed at two units per acre and zoned R-1C. Change the Land Use Plan to low to medium density residential, 1-2 units per acre. 4" Larger lots have been developed than the original 1-2 units per acre which was planned. The existing development and R-1A zoning are consistent. Change the Land Use Plan to low density residential, 0-1 unit per acre. 5. Originally plannedfor residential development to phase out this commercial "spot zone", the City agreed in the mid 80's to retain the existing C-2, commercial zoning of the property. The existing commercial zoning of the property is no longer considered to be consistent with the residential character of the area. Change the Zoning Districts map to R-1 C. 4/94 LU-28 8ASE ..... l.fGEIC Zoning' and Land Use Ch anges Proposed chancres ar d . and LU-31 e e escnbed on pages LU-28 = ------- -----' == _'~.-_I_._: --- :::::::::-::::.~----~ ~ =--=--::==:==-' ---.. . - --~~_. ;;DtJJ<<.::&....,~ -.- ~.~. rsd! ')) -~._-_. ~- (;' . !---: . , -!; -I I. I",' r Ii 'I ii ;- i: , 4/94 r-- LU-29 4/94 LU-31 6. This area is planned for 1-2 units per acre, but zoned R-IA. R-I C zoning exists to the north, east and south. Chang7 the Zoning Districts map to R-I C and highlight as being recommended for planned unzt development due to wetland configurations. 7. Plar:ned!or 3-6 units per acre as a r:ansitional area between commercial and lower density reszdentzal, the proposed R-2A zonzng would accommodate development of the existing vacant land as well as the existing homes. Change the Zoning Districts map to R-2A. 8. The current 1-2 units per acre land use designation is not consistent with existing commercial development or R-IA zoning. Change the Land Use Plan to commercial, noting that the existing marina should ultimately be brought into conformity with the L-R Lakeshore Recreational district. ' 9. Initially planned for redevelopment to medium density residential, this area has been zoned ' R-C and C-4 reflective of existing uses. Change the Land Use Plan to commercial. 10. The existing R -1 C zoning does not reflect the planned 3-6 unit per acre density. Change the Zoning Districts map to R-2B or higher. 11. The current 1-2 units per acre land use designation is not consistent with the zoning of this area. The Land Use Plan should be changed to medium density residential, 2-3 units per acre. 12. Although it was planned for 2 -3 units per acre, lots in this area and the existing zoning suggest a lower density. Change the Land use Plan to low to medium density residential, 1-2 units per acre. . 13. Once planned for commercial development, this land has been acquired for the future upgrading of the Christmas Lake Road/Highway 7 intersection. Change the Land Use Plan to public and the Zoning Districts map to R-IA. 14. Plannedfor 2-3 units per acre to encourage redevelopmentfrom commercial service to residential. Change existing R-IA zoning to R-2A. 15. This area has been developed based upon its existing R-IA zoning, making the 2-3 units per acre land use designation inappropriate. Change the Land Use Plan to low density residential, 0-1 unit per acre. The Land Use Plan map on page LU-25 reflects the preceding recommendations. Land Subdivision Controlling the way land is subdivided goes hand in hand with zoning regulations in ensuring the quality of urban develqpment. As Shorewood's larger tracts become developed, increasing pressure will occur to resubdivide smaller parcels and land once considered to be marginal. The City's subdivision regulations should be updated to better address these situations. The current Subdivision Code provides for developers to extend streets and utilities as necessary to accommodate the development of adjacent properties. Also the Transportation Chapter of this Plan sets forth policies for the use of private streets. With these rules in mind the review of all subdivision requests should consider how nearby land may develop in the future. Area planning should be done to demonstrate how specific subdivision requests fit with existing and future development. Nov. 24. 1997 2:19PM ATS MEDICAL, INC 612 553 1492 No. 8128 P.1/1 19133 Ascroft Road Minnetonka, MN 55345 (612) 470-0840 City Council Shorewood, MN Fax 474-0128 RE: Proposed Storage Facility Vine Hill Road. Dear Council Members; We appreciate the opportunity to voice our opinion/concerns about the Proposed Self-Storage Facility at 5170 Vine Hill Road. Our concern is the further incursion of commercial enterprises into residential areas. Surely the presence of a Storage Facility will not sustain or enhance the value of neighboring residential properties. Such a facility will surely not protect or enhance the natural beauty of the area. And one wonders is there a demand for such a facility from the citizens of Shorewood and the surrounding area? One further wonders about the facility handling more traffic, much of it to be composed of drayage of vehicles, on a hilly Vine Hill Road near an intersection now intimidating because of the Minnetonka High School bus and auto traffic now routed along that torturous exit south off Highway 7 (not to mention the Coffee Shop traffic). Although the proposal location is the extreme Eastern limit of your community and would therefore have less negative impact than it would have on Minnetonka's adjoining area we would hope that the spirit of fair play, neighborliness and common interests in preserving the integrity of our residential areas would continue to positively influence the considered judgments of our Planning Commissions and City Councils. Thank you for your consideration CE:~~~ Charles F. and Jacqueline M Cuddihy Jr. 11/21/97 FRI 16:00 FAX 612 533 2183 CSD/WEST PAC 8SD / ?terdte p~ 9000 Science Center Drive, Minneapolis, MN 55428 (612 533 3012) November 21, 1997 Shorewood City Council My wife and I are home owners in the Ashcroft subdivision and are appalled that you are considering issuing a pennit for a self-storage facility on Vme Hill Road. We are proud of our neighborhood and believe this type of building will be a detriment and not an asset to our oomnnmity. This year we paid over $8,000 in property taxes to Hemripen County. I would think that you would want to enhance our property, not take away from it. Please do not issue the permit for the self-storage facility at 5170 Vine Hill Road. Thank-you. Sincerely, ~11Po7~'~< ~ Frank & Rosalie McSwain 5378 Ashcroft Road Minnetonka, MN 55345 I4J 001 MN/DOT TRAFFIC MGT CTR Fax:612-341-7239 Nov 21 '97 10:41 P.Ol JOEL S. KATl 540 I ASHCROFT PL....CF. MINNETONKA, M1NNF.~OT^ 55345-4010 612470-5136 November 21, 1997 City Council Members City of Shorewood 5755 Country Club Road Shorewood. Minnesota 55331 Re: Two S. Properties, Inc. (Minnesota Mini-Storage) Conditional Use Permit 5170 Vine Hill Road and 19395 Highway 7 Dear Council Members: I was very surprised to hear that the Shorewood Planning Commission has recommended approval of the subject permit. While I certainly believe that property owners should be allowed to realize some economic benefit from their property, I also strongly believe in the need to assure that the highest and most appropriate uscs are considered and that any detrimental impacts to the immediate surrounding area and the community at large are minimized. While it might be argued that a storage facility may have less of an impact on the area than the previously proposed gas station and fast food outlet,it is not. in my opinion. compatible with the residential character ofthe neighborhood. Furthermore, it would remove an existing home on the property and directly expose residences on Vine Hill Road to commercial activity. I also have doubts that a storage facility can be architecturally enhanced much beyond the level of an "eyesore" - not to mention its being in harmony with natural surroundings. As a nearby resident, I am concerned about the encroachment of commercial activity or other undesirable intrusions. Since the entire surrounding area is nearly 100% developed, it would seem to me that maintaining the serenity and quality oflifc in thc vicinity must be the paramount factor in any decisions regarding a change in existing land use. In this regard, I am also concerned - in spite of the fact that I have been told that it is not true - that the City of Shorewood appears to have little concern about negative impacts of the proposed use because they primarily affect residents of the City of Minnetonka. I am urging that the requested conditional use permit be denied. I am also suggesting that the city consider a change in zoning for the frontage on Vine Hill Road - or, perhaps, tor the entire property - so that we no longer need to be leeT}' of future incompatible use proposals. Kennedy CHARTERED 470 Pillsbury C~ntcr 200 SOllth Sixth Strcet Minneapolis MN 554U2 (612) 337-9300 telephone (612) 337"9310 f~>: e-mnil: ~ttys@kennedr"gr;lven.cnm JOHN B. DUJII Allomey 81 Law J)Irecl J)II1l (CilZ) 'jj1-9ZVf November 20, 1997 James C. Hurm City Administrator City of Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 BY FACSIMILE Re: November 24 COUI/cil Meeting Dear Hurm: I wanted to confirm our discussion on Tuesday regarding my request that Corrine Thomson attend the Novembelr 24 Council Meeting in my place. Conine has a general familiarity with activities in Shorewood. She has worked with both Larry Brown and Brad Neilsen on a number of occasions; and. she has had an opportunity to meet and discuss various issuc::s with Mayor Dahlberg. In addition, I will review the agenda with Conine prior to the meeting to make sure that she is informed concerning the items which will come up that night. I will be in the officl~ during the day on Monday. November 24 and wiII be available to di:5t:ul,i5 any matters which YI)U may have. Respectfully yours, ~ JBD:sms lBI-qor ZO/ZO'd ESO-L OlEsmm N3AV~~ 'Aa3NN3~:WOJ~ SS: II lS-OZ-AON CHARTERED 470 PiIl.bury Cemet /.00 South S"ixth Strc:ct Minnea"olis MN '>5402 (612) 3.37-9300 telephone (612) 337-9310 fax e.rnail, ~tty.@k"nnl:dr'g",vclI.com JOHN D. DIi:AN Allomcy at Law 0:;;-::= n:~l {~1:Z) ~S7 ..;2Ui MEMORANDUM TO: Mayor and City Council FROM: John Dean VA"I"E: November 20, 1997 RE: Utility Assessments - 4530 Enchanted Drive The Finance Director has provided you with the background information regarding the delinquent utility charges on the referenced property which are now proposed to be assessed for collection as taxes. The procedure proposed by the Finance Director i:s the ordinary and customary method for cQllecting delinquent utility biiiings; and, is recognized and authorized by state law. (See, for example, Minn. Stat., * 444.075, Sub<!. 3). Likewise. it is generally viewed that the obligation to pay utility charges which were billed prior to a real estate closing do survive and unless paid at closing because the obligation of the Purchaser. This obligation is generally viewed as fair and reasonable because the Purchaser can easily determine the eJl:jstence of such billings prior to closing and can make the necessary adjustments in the purchase price at the time of closing. JBD:sms JijD133963 S1i23D-2 90Z-Qor ZO/ZO"d ZOl-l OlESLEEm N3AV~9 'Aa3NN3~:WOJ~ lS:vl lS-OZ-AON . } - 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) ~74-0128 www.state.netlshorewood cityhall@shorewood.state.net Executive Summary #- Shorewood City Council Meeting . Monday, November 24, 1997 Agenda Item #3A: This resolution establishes 8:30 p.m., Monday, December 15 fora public hearing on the liquor store / operation. At the time of the public hearing, a presentation will be given on the recent history of the liquor store operation and of the Shorewood Liquor Improvement Program. / Agenda Item #3B: At the 27 Qctobermeeting the Council directed staff to prepare a findings of fact approving a conditional use permit allowing Our Savior Church to install a wall sign on their building; The resolution included in your packet requires a four-fifths vote for approval. Agenda Item #3C:The City Council previously authorized a grant application for planning assistance. That grant has been approved for $3,770. This resolution authorizes the execution of th~ grant agreement. Agenda Item #3D: Nordquist Sign Co. has requested a sign permit application on behalf of HealthSystemsMinnesotaJor the office building nearing completion at 19685 State Highway 7. The sign plans are ""ell within what the Zoning Code allows for that area. The Planning Director has recommended approval with a reminder to the applicant that the pylon sign height is measured from the grade of the parking lot, not from the elevation of the landscaped berm. Approval of the permit requires a simple majority vote. Agendalte~ #3E: This resolution accepts the public improvements for the Eureka Road Watermaln Project and authorizes final payment to GL Contracting, Inc. Staff is recommending acceptance of the project and approval of final payment to GL Contracting. Agenda Item 3F: This resolution accepts the public improvements for the South LinK Watermain Project and authorizes final payment to GL Contracting, Inc. Staff is recommending acceptance of the project and approval of [mal payment to GL Contracting. . Agenda Item #6A: James and Diane Agnew have requested a conditionl use permit to build a detached garage, the area of which when combined with existing accessory space on the property, exceeds 1200 sqmlIe feet. The applicant's plans comply with criteria for such c.u.p.'s found in the Zoning Code. The Planning Commission recommended unanimously to approve the request, which had also been recommended by the Planning Director. Council approval requires a four-:fifths vote by the Council. A Residential Community on Lake Minnetonka's South Shore Executive Summary - City Council Meeting of November 24, 1997 Page 2 of 3 Agenda Item #6B: Two S Properties, owners of the Minnesota Mini-Storage facility at 19595 State Highway 7 propose to build a second facility approximately 600 feet east of their current location. They comply with the requirements for a conditional use permit, except that they also request a zoning text amendment which would allow them to use their existing resident caretaker's office to also serve the new facility. The Planning Commission agreed unanimously with the Planning Director's recommendation to approve the c.u.p. and text amendment, subject to a number of conditions. Action at this time would be to direct staff to prepare a findings of fact regarding the conditional use permit and a draft zoning text amendment, both of which will ultimately require a four-fifths vote by the Council. Agenda Item #6C: Bayside Financial has requested a conditional use permit and variance to convert the office building back into a drive-up bank facility as it was originally used. Having overcome the zoning issues at the Planning Commission level, they are still trying to wrap up the purchase of the property and resolve the access issue. The Planning Commission has recommended approval of the request, subject to the applicant obtaining legal control over the property. The applicant has since submitted an unsigned lease, which is not likely to be . executed for up to 120 days. The Planning Director recommends that the Council's approval should contain the same stipulation as the Planning Commission's recommendation. No occupancy of the building would be allowed until a signed lease agreement is provided to the City. The applicant would then have up to one year to use the c.u.p. and variance. Action at this time is to direct staff to prepare a fmdings of fact for reveiw at the next meeting. Approval will ultimately require four-fifths vote by the Council. Agenda Item #7: Mr. John Conlin, 4530 Enchanted Drive, has requested that utility charges against his property accumulated prior to his purchase of the property be waived. He has made several attempts to collect them from the previous owner and the title and real estate companies. Staff has followed established procedures to collect these charges and has aided Mr. Conlin in his attempts to collect the charges. A staff memo explains the situation and details policies and procedures followed to collect these amounts. The City Attorney has been asked to review state statute and to comment on the matter. Agenda Item 8: This motion authorizes preliminary topographic survey of the Badger Well Building site by OSM Associates, Inc. for the amount of $1,700. Although a request for . proposal will be prepared at a later date to select the design firm for the project, it is necessary to proceed with the survey before the snow becomes deep enough to hinder the surveyors. Staff is recommending approval of OSM proposal to provide professional engineering services in the amount of $1,700. Agenda Item 9: MnlDOT requires that a preliminary recommendation and drawings be submitted on or before December 1, 1997 to be able to participate in the funding for the State Trunk Highway 7 Safety Improvement Program. Representatives from Mn/DOT have indicated that alterations to this submittal can be completed until December 31, 1997. To insure that Shorewood has a spot in the funding program, staff is recommending that a plan for modifications to TH 41 and the closures of Lake Linden Drive and Wood Drive be submitted to MnlDot to mark our position within the program. Amendments regarding the other intersections would be added after the fact, dependent upon the public response to the informational meetings. Staff is recommending a motion approving the concept plan to the intersections of Trunk Highway 7 (TH 7) with Lake Linden Drive, Wood Drive, and TH 41. . . Executive Summary - City Council Meeting of November 24, 1997 Page 3 of 3 Agenda Item #10: This resolution participating in the Livable Communities Act has been shorted dramatically and rewritten to more directly reflect the discussion of the City Council at its recent work session. Agenda Item 11: This item is a resolution approving the plans, specifications, and estimate for the Lakeside Watermain Extension. The petitioners of this project have indicated that they would like to get the watermain installed yet this year before the frost becomes too thick. Plans were completed this last Wednesday. The City Engineer is planning on meeting with the petitioners on Saturday November 23 or Monday the 24 just prior to the meeting to review the plans and estimate. A report will be presented by the City Engineer to update the City Council on the petitioners desires at to proceed with the project. r . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, NOVEMBER 10, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. 1. MINUTES CONVENE CITY COUNCIL MEETING D uAfT Mayor Dahlberg called the meeting to order at 7:34 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover and O'Neill; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown Absent: Councilmembers McCarty and Garfunkel B. Review Agenda Mayor DaWberg read the Agenda for November 10, 1997. Administrator Hurm noted the removal of Item 3C from the Agenda due to the requirement of a 4/5 vote. He requested the addition of Item 8A, Consideration of Authorization for Arbitration for the Perkins Construction Case. The agenda was approved as amended. 2. APPROVAL OF MINUTES City Council Regular Meeting Minutes - October 27, 1997 Stover moved, O'Neill seconded approving the City Council Regular Meeting Minutes for October 27, 1997, as submitted. Motion passed 3/0. City Council Executive Session Minutes - October 27, 1997 Dahlberg moved, O'Neill seconded approving the City Council Executive Session Minutes for October 27, 1997, as submitted. Motion passed 3/0. City Council Work Session Minutes - October 28, 1997 O'Neill moved, Stover seconded approving the City Council Work Session Minutes for October 28, 1997, as submitted. Motion passed 3/0. 3. CONSENT AGENDA Stover moved, O'Neill seconded approving the Motions on the Consent Agenda and adopting the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 97- 94, "A Resolution Making Budget Transfers" B. A Motion Adopting RESOLUTION NO. 97-95, "A Resolution Authorizing the Use of Freeman Park Parking Lot for Snowmobile Safety Training Class" 4f ;t 11 CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 1997 - PAGE 2 C. A Motion to Adopt a Resolution Approving A C.U.P. for an Institutional Wall Sign Applicant: Location: Lutheran Church of Our Savior 23290 State Highway 7 ** This Item Was Removed From The Agenda ** D . A Motion to Approve a Sign Permit for an Entry Monument for Heritage Addition. Applicant: Location: Abingdon Development Corp. Intersection of Noble Road and Edgewood Road E. A Motion Adopting RESOLUTION NO. 97-96, "A Resolution Approving a Temporary Gambling License for the American Legion Post 259" F. A Motion to Approve an Extension for Prosecuting Services with Ken Potts G . A Motion to Approve a Contract for Services with Abdo, Abdo and Eick to Audit Financial Statements for the Year Ended December 31, 1997 H . A Motion to Approve an Amendment to Extend the Deadline Date to Proposed Watermain Extension Agreement for South Border Watermain Extension Project I. A Motion Adopting RESOLUTION NO. 97-97, "A Resolution Correction Resolution No. 5-88" Motion passed 3/0. 4. MA TTERS FROM THE FLOOR - None 5. PLANNING - Report by Representative Commissioner Turgeon reported on the matters considered and actions taken by the Planning Commission at their meeting of November 4, 1997, (as detailed in the minutes of that meeting). 6. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION REGARDING CONTINUING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT PRESENTED BY GUY PETERSON, METROPOLITAN COUNCIL STAFF Mr. Guy Peterson, Metropolitan Council, was in attendance and provided the Council with an overview of the Livable Communities Act. . Mayor Dahlberg stated he would like to complete the Comprehensive Plan process and then make a decision whether that plan is compatible with participation in the Livable Communities Act. . . . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 1997 - PAGE 3 Councilmember Stover provided the Council with some background relative to the Livable Communities Act and noted there are inducements to participating in a cooperative program. There are also legislative mandates which could be imposed upon the City in not participating. Councilmember O'Neill did not feel there to be any incentive or benefit for the City to be involved in this particular program. He suggested the legislature review this plan to include benefits for communities such as Shorewood and the surrounding area. Councilmember Stover noted there is a benefit to participation in that the Metropolitan Council has agreed to assist the City in the past on such issues as lowering sewer rates and transportation. Councilmember Stover also noted the surrounding communities have participated in this act so that the communities would have an opportunity to work together on a plan such as cluster housing, in which case each communities' points could be combined. Stover moved, O'Neill seconded tabling consideration of a Resolution Regarding Continuing to Participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act to the November 24, 1997, Meeting of the City Council." Motion passed 2/1. (Mayor Dahlberg was the dissenting vote.) 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION HONORING THE 1997 OUTSTANDING SENIOR SERVICES AWARD RECIPIENT Administrator Hurm noted this award honors JoAnn Kvem, Southshore Senior Center Coordinator, for her work. Stover moved, Dahlberg seconded adopting RESOLUTION NO. 97-98, "A Resolution Honoring the 1997 Outstanding Senior Services A ward Recipient." Motion passed 3/0. 8. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION PROVIDING FOR DELINQUENT UTILITY CHARGES TO BE LEVIED ON THE PROPERTY Councilmember Stover noted there are two property owners who have not complied with a City ordinance. She noted some property owners prefer to have their utility charges added to their tax bills. Councilmember Stover also pointed out many property owners have complied with this ordinance whether they agree with it or not. Mayor Dahlberg stated he could support the motion insofar as the properties have actually been inspected. Stover moved, O'Neill seconded adopting RESOLUTION NO. 97-99, "A Resolution Providing for Delinquent Utility Charges to be Levied on the Property. " Motion passed 3/0. A . Staff Report on Development Monitoring Engineer Brown reported with respect to Marsh Pointe that the private utility companies are installing their services. NSP is also in the process of installing the lights which were approved by the Council. . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 1997 - PAGE 4 8A CONSIDERATION OF AUTHORIZATION FOR ARBITRATION FOR THE PERKINS CONSTRUCTION CASE City Attorney Dean noted a Summons and Complaint has been brought by the Perkins Contracting Company against the City pertaining to the Smithtown Road project. Perkins Contracting has expressed an interested in participating in binding arbitration. Attorney Dean felt the City to have a strong defense and felt binding arbitration to be a quicker process as well as being less expensive than a trial. Attorney Dean explained the arbitrator's decision will be binding upon the City. The amount in controversy is approximately $17,500. Dahlberg moved, Stover seconded authorizing arbitration for the Perkins Construction case. Motion passed 3/0. 9. ADMINISTRATOR & STAFF REPORTS Brown noted there has been no activity in the Watten Ponds Development. B. Staff Report on Gideons Woods Replacement Buffer and Drainage Brown reported Planning Director Nielsen has investigated the possibility of a replacement buffer in the Gideons Woods Development. He explained a berm could be constructed in the northeast quadrant of the site. This would include a fence which would be broken up by some pine trees. At this time, there remain drainage issues which must be resolved. Brown noted Nielsen has redesigned the berm and fence in such a way that it could be completed prior to the drainage issues being resolved. Brown also reported he met with Planning Director Nielsen, Mayor Dahlberg and Mr. Dresser of the Gideons Woods Homeowners Association and noted Mr. Bruce Newton has been advised by telephone and letter what items remain to be completed on this development. . C. Status Report on 1997 City Council Priorities Administrator Hurm reviewed the 1997 City Council Priorities and the status of each. He noted there are a number of items which will be addressed in work sessions which have been scheduled. Mayor Dahlberg suggested reviewing the list in January and that the Council commit to concentrating on higher priority items. D . Report on Petition Received Regarding Closing of Pleasant A venue Hurm reported a petition has been received requesting the closure of Pleasant Avenue at Highway 7. He noted all of the residents of Pleasant Avenue and Wiltsey Lane have signed the petition. . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 1997 - PAGE 5 Councilmember O'Neill commented the closure of Pleasant A venue would result in a greater emergency response time to this particular neighborhood. The advantage to the closure would be a reduction in traffic on Yellowstone. He noted the current closure of the roadway is to enable Mn/DOT to perform a study and obtain traffic counts. Hurm reported a notice will be sent out to the residents informing them of the closures which are scheduled for a three week period. He noted the results of the study being performed by Mn/DOT is anticipated to be available by the December 15th meeting for the Council's review. Councilmember O'Neill suggested a neighborhood meeting prior to the Council meeting to obtain neighborhood input relative to the closures. Hurm suggested the meeting be held on December 15th, between 6:00 p.m. and 7:15 p.m., prior to the regular Council meeting. Councilmember Stover wanted to make it clear this is an open forum meeting for anyone to attend. Hurm stated it will be noticed in the newsletter in addition to the notices which will be sent out. E. Report on DNR Grant Received for Snowmobile Patrol Hurm reported a grant of $1,000 has been received and it will be used for overtime and special detail expenditures. F . Discussion on Establishment of Work Session Date Councilmember O'Neill suggested a work session be routinely scheduled on the third Monday of every month. Mayor Dahlberg suggested work sessions be scheduled every Wednesday until such time as the top priority items can be addressed. Councilmember Stover was in support of Councilmember O'Neill's suggestion of routinely scheduling a work session on the third Monday of the month. Mayor Dahlberg felt there to be an advantage to a routine schedule rather than scheduling miscellaneous dates. 10. MAYOR & CITY COUNCIL REPORTS 11. ADJOURNMENT O'Neill moved, Stover seconded adjourning the meeting to Work Session format at 9:03 p.m. subject to the approval of claims. Motion passed 3/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary l'imeSaver Off Site Secretarial, Inc. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR CITY OF SHOREWOOD WORK SESSION MEETING MONDAY, NOVEMBER 10, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD IMMEDIATELY FOLLOWING REGULAR MEETING MINUTES 1. CONVENE CITY COUNCIL WORK SESSION \1 RJ\fl Mayor Dahlberg called the meeting to order at 9: 13 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover and O'Neill; City Attorney~-oean; ------ Administrator Hurm; Engineer Larry Brown; Planning Commissioner Turgeon Absent: Councilmembers McCarty and Garfunkel B . Review Agenda . The agenda was approved as presented. 2. DISCUSSION ON FURTHER PURSUIT OF ADMINISTRATIVE SANCTIONS WITH REGARD TO TREE PRESERVATION POLICY City Attorney Dean explained a draft ordinance which was provided to the Council. He noted this ordinance could also apply to nuisance type violations such as snowbirds, parking violations, junk vehicles and open burning. Attorney Dean explained that upon a violation, notice would be given to the violator requiring them to pay the administrative penalty within seven days of the notification of the violation. If the violator fails to pay the penalty within that period of time, a late charge could be imposed. It was contemplated the penalty for violation of the tree preservation policy would be approximately $500 per violation. . Anyone wishing to have their case heard, would have the right to have a hearing before a hearing officer. The hearing officer would be the City Administrator or someone designated by the City Administrator. Attorney Dean felt this had been a harsh reaction to a problem which the City was experiencing last summer which may have been resolved through a more hands on developer monitoring approach which appears to have been successful. Attorney Dean recommended this be considered as a part of a more broad based administrative sanction approach rather than being only related to the tree preservation policy. He felt the urgency for such an ordinance has passed. Councilmember Stover was not in favor of the violations being determined by a City staff person and a determination relative to the violation being made by a hearing officer who is also a City staff person. Mayor Dahlberg suggested the hearing officer be an elected official such as a councilmember. #~B CITY COUNCIL WORK SESSION MINUTES NOVEMBER 10, 1997 - PAGE 2 Councilmember Stover noted when complaints are issued, the person the complaint is issued against has the right to come before the full Council for an appeal. Attorney Dean explained that under the current process, there would be no right to an appeal once a decision has been made by the hearing officer. Councilmember Stover noted the existing policy may not become the ordinance since it is coming before the Planning Commission for their review and recommendations. Attorney Dean noted the Tree Preservation Policy has been incorporated by reference into the ordinance and at this time the enforcement of this provision needs to be determined. Attorney Dean felt the development monitoring process appears to be working and there are effective ways to deal with the concern such as requiring more penalties, bonds, letters of credit as well as escrows. He felt those options should be pursued first. Engineer Brown felt the existing policy should be modified so it is more enforceable. He felt the policy should be reviewed by Planning Director Nielsen and the Planning Commission and their recommendations then be taken into consideration. Mayor Dahlberg stated he is uncomfortable with the sanction process unless there is some sort of . appeal process available. Attorney Dean noted the only appeal process available would be to challenge the decision in the Court of Appeals. Councilmember O'Neill inquired whether the funds collected through administrative sanctions could be deposited in funds other than the general fund. Attorney Dean stated it could be put into other funds, however, it may be easier to deposit into the general fund which allows for transfers as various needs arise. Councilmember ONeill was in favor of reviewing this matter after the Planning Commission has completed their review and submitted their recommendations. 3. ADJOURNMENT Stover moved, O'Neill seconded to adjourn the City Council Work Session Meeting at 9:40 p.m. Motion passed 3/0. RESPECTFULL Y SUBMITTED, . Cheryl WalIat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . . CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION CALLING FOR A PUBLIC HEARING TO RECEIVE REPORTS ON AND TO MAKE A DETERMINATION ON THE FUTURE OF THE MUNICIPAL LIQUOR OPERATION BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. Notice is hereby given that at its regular meeting on December 15, 1997, at 8:30 p.m., the City Council will hold a public hearing at the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota to receive a report on the recent history of the City municipal liquor operation and the Shorewood Liquor Operations Improvement Program and to make a determination on the future of the program and the City's municipal liquor operation. All persons interested in this matter including those who wish to address the City Council should be present at that time and they will be heard. 2. Notice of the public hearing is to be published in the City's official newspaper in the manner required by law. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 24th day of November, 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 1t3A CITY OF SHOREWOOD RESOLUTION NO.__ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO OUR SAVIOR LUTHERAN CHURCH . WHEREAS, the Lutheran Church of Our Savior (the Applicant) is the owner of the property located at 23290 State Highway 7, in the City of Shorewood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant proposes to erect a wall sign on the south side of the existing building on the property; and WHEREAS, the Applicant has applied for a conditional use permit, pursuant to Section 1201.03 Subd. l1.e.(1)(b) of the Shorewood Zoning Code; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission dated 28 August and 2 October 1997 which memoranda are 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 2 September 1997, the minutes of which meeting are on fIle at City Hall; and WHEREAS, the Applicant's request for a conditional use permit was considered by the City Council at their regular meeting on 27 October, 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 Subject Property is located in the R-IC, Single-Family Residential zoning district. 2. That the Applicant proposes to erect a wall sign, the area of which, when combined with an existing freestanding sign on the property, will not exceed three percent of the building silhouette as viewed from the street. 3 . That the Applicant's wall sign will be indirectly illuminated by existing lighting on the church building. :jP3i) CONCLUSIONS 1 . That the Applicant has satisfied the criteria for the grant of a conditional use permit, pursuant to Section 1201.04 and 1201.03 Subd. 11. of the Shorewood City Code. 2. That based upon the foregoing, the City Council hereby grants Applicant's request for a conditional use permit. 3 . That the City 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 24th day of November, 1997. . ATTEST: Tom Dahlberg, Mayor James C. Hurm, City Administrator/Clerk . - 2 - ~ Legal Description: . "Lot 210 and the west 168 feet of Lot 148 and the east two acres of Lot 166 lying north of Highway and that part of Lot 166 lying west of said east two acres north of said Highway and southeasterly of a line parallel with and 40 feet northwesterly from the northwesterly line of said Highway and that part of Lot 167 lying northwesterly of Highway and east of Registered Land Survey No. 169 and that part of Lot 168 lying north of Highway, Auditor's Subdivision No. 135. Also Lot 87 of Academy Addition. All in Hennepin County, Minnesota." . Exhibit A ., . . CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION AUTHORIZING EXECUTION OF A PLANNING ASSISTANCE GRANT AGREEMENT WITH THE METROPOLITAN COUNCIL WHEREAS, Minnesota Statutes sections 473.851 requires local units of government to prepare local comprehensive plans with land use controls that are consistent with planned, orderly and staged development and with metropolitan system plans; and WHEREAS, Minnesota Statutes sections 473.854 and 473.867 authorize the Metropolitan Council to prepare and adopt guidelines establishing uniform procedures for the award and disbursement of planning assistance grants and loans; and WHEREAS, Minnesota Statutes 473.867 authorizes the Council to give funding to local units of government to review and amend their local comprehensive plans, fiscal devices and official controls; and WHEREAS, the City of Shorewood, as authorized by Resolution 97-57, applied for a Metropolitan Council Planning Assistance Grant to complete comprehensive planning activities in such areas as land use, transportation, housing, stormwater management, and park and trail planning; and WHEREAS, the City has been notified it has been awarded a Planning Assistance Grant in the amount of $3,770. NOW, THEREFORE BE IT RESOLVED THAT the Mayor and City Administrator are hereby authorized to execute appropriate grant agreements with the Metropolitan Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of November, 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk :tt3c. f' ~ Metropolitan Council ~ Working for the Region, Planning for the Future November 6,1997 James C. Hurm City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE: SG97172 . Dear James C. Hurm: Enclosed are two copies of the above noted grant agreement. Please have each copy signed by the authorized official and return both copies to me for execution. A copy of the signed agreements will be returned to you for your file after they have been executed at the Council. If you require additional lines for signatures, feel free to add them. In addition, we need a completed copy of the enclosed W-9 IRS form. Please enclose this with the signed grant agreements. Sincerely, ~~~ . Linda Walker Sr. Finance Clerk 230 East Fifth Street Sf. Paul. Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TIY 291-0904 Metro Info Line 229-37S0 An Elllwl OppOmHlirU EmplorJcr . . METROPOLITAN COUNCIL LOCAL PLANNING ASSISTANCE PROGRAM GRANT AGREEMENT TillS GRANT AGREEMENT is made and entered into by the Metropolitan Council ("Council") and the metropolitan-area governmental unit identified above as "Grantee." WHEREAS, Minnesota Statutes section 473.867 requires the Council to establish a planning assistance fund for the purposes of making grants and loans to local governmental units to assist local governmental units in the seven-county metropolitan area conduct and implement comprehensive planning activities, including the review and amendment of local comprehensive plans and fiscal devices and official controls as required by section 473.864, subdivision 2; and WHEREAS, pursuant to Minnesota Statutes section 473.867, subdivision 4, planning assistance grant funds shall not exceed seventy-five percent of the total costs and expenses of the project, service or activity for which the grant is awarded; and WHEREAS, in May 1997 the Council issued its Metropolitan Council Local Planning Assistance Grant Guidelines and solicited applications for local planning assistance grant funds; and WHEREAS, the Grantee is a city or town in the metropolitan area as defined in Minnesota Statutes section 473.121, or is a metropolitan-area city, town or county acting in partnership with cities or towns which was authorized to submit a joint application and execute this grant agreement on behalf of the partnership; and WHEREAS, the Grantee submitted an application for local planning assistance grant funds and was awarded a grant to fund eligible comprehensive planning activities identified in the application. NOW THEREFORE, in reliance on the representations and statements above and in consideration of the mutual promises and covenants contained in this grant agreement, the Grantee and the Council agree as follows: I. DEFINITIONS 1.01 Definition of Terms. For the purposes of this agreement, the terms defined in this paragraph have the meanings given them in this paragraph unless otherwise provided or indicated by the context. (a) "Comprehensive Development Guide" means the comprehensive development guide for the seven-county metropolitan area adopted by the Council pursuant to Minnesota Statutes section 473.145, and the policy plans and other components of the development guide adopted by the Council pursuant to Minnesota Statutes Chapter 473, including the Regional Blueprint adopted by the Council pursuant to Minnesota Statutes section 473.145. (b) "Comprehensive Plan" means a comprehensive plan which complies with Minnesota Statutes sections 473.858 through 473.865, including those provisions in section 473.859 which require housing elements and housing implementation programs. (c) "Metropolitan Land Planning Act of 1976 " means the land use planning provisions of Minnesota Statutes Chapter 473, including Minnesota Statutes sections 473.175 and sections 473.851 through 473.871, as amended. II. GRANT FUNDS 2.01 Grant Amount. The Council will provide to the Grantee the "Grant Amount" identified at page 1 of this grant agreement which the Grantee shall use for authorized purposes and eligible activities. Any reduction or termination of the match amount required under paragraph 2.02 may result in a like reduction in the Grant Amount. -2- 2.02 Seventy-Five Percent Limit. The Grant Amount provided to the Grantee under this . agreement may be used to pay up to seventy-five (75) percent of the total costs and expenses of the projects, services and activities described in the Grantee's work plan and budget. The Grantee shall match the Grant Amount received from the Council on at least a one-for-three basis. The matching funds may include in-kind work or cash and shall be identified in the work plan budget and in the progress reports required under paragraph 3.01. 2.03 Authorized Use of Funds. The Grant Amount provided to the Grantee under this agreement shall be used only for the purposes and eligible activities described in the Grantee's work plan and budget as approved by the Council. A copy of the Grantee's approved work plan and budget is attached to and incorporated into this agreement as Attachment A. Eligible activities are outlined in the May 1997 Metropolitan Council Local Planning Assistance Grant Guidelines and include, but are not limited to, staff pay, consultant and professional services, printing and publishing. Grant funds may not be used for per diem payments to appointed or elected board or commission members. Grant funds also may not be used to purchase or acquire equipment or other tangible, . nonexpendable personal property or for activities inconsistent with the Council's Comprehensive Development Guide, the Metropolitan Land Planning Act of 1976, as amended, Minnesota's Critical Areas Act of 1973, as amended, or other applicable state laws. The Grantee agrees to promptly remit to the Council: any unspent grant funds; any grant funds which are not used for the authorized purposes specified in this paragraph; and any interest earnings described in paragraph 2.05 which are not used for the purposes of implementing the work plan activities described in Attachment A. 2.04 Disbursement Schedule. Within thirty (30) days after final execution of this agreement, the Council will disburse to the Grantee ninety (90) percent of the Grant Amount. The ten (10) percent amount withheld will be disbursed to the Grantee upon completion of the work plan activities and receipt of the final progress report described in paragraph 3.01(b). 2.05 Interest Earnings. If the Grantee earns any interest or other income from the Grant Amount received from the Council under this agreement, the Grantee will use the interest earnings or income only for the purposes of implementing the work plan activities described in Attachment A. . . III. REPORTING, ACCOUNTING AND AUDIT REQUIREMENTS 3.01 Progress Reports. The Grantee will provide to the Council's authorized agent a written midpoint progress report and a written final progress report describing the status of the work plan activities described in Attachment A. These reports ensure the Grant Amount made available under this agreement is appropriately expended as described in the work plan and budget. The reports shall be subject to the following content and schedule requirements. (a) Midpoint Progress Report. At approximately the midpoint of the Grantee's work plan activities, the Grantee must submit to the Council a written midpoint progress report which includes: a summary of the work plan activities undertaken and completed to date; a summary of work plan activities to be accomplished during the remaining months of the work plan; and a summary of unanticipated issues and opportunities that affect the work plan, time schedule for project completion, or budget. The midpoint progress report also must include a summary of project costs and sources of funds for those expenditures, and a list of itemized expenditures of funds received from the Council and matching funds by category in the budget. (b) Final Progress Report. Upon completion of the work plan activities described in Attachment A, the Grantee must submit to the Council a written fInal progress report which includes: a summary of the work plan activities undertaken and completed since the submission of the midpoint progress report; a summary of project outcomes, costs and sources of funds for those expenditures; and a list of itemized expenditures of the Grant Amount received from the Council and matching funds by category in the budget. 3.02 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts, fInancial records and supporting documents relating to the receipt and expenditure of the Grant Amount received from the Council. Notwithstanding the expiration and termination provisions of paragraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the Grantee for a period of three (3) years following the completion of the work plan activities described in Attachment A. If any litigation, claim or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims or audit fmdings involving the records have been resolved or until the end of the regular three-year period, whichever is later. The Grantee will keep proper fmancial records and other appropriate documents sufficient to evidence the nature and expenditure of the match funds required under paragraph 2.02. 3.03 Audits. The above accounts and records of the Grantee shall be audited in the same manner as all other accounts and records of the Grantee and accounting shall be in accordance with generally accepted government auditing standards covering fmancial and compliance audits. The accounts and records may be audited or inspected on the Grantee's premises, or otherwise, at any time by individuals or organizations designated and authorized by the Councilor by appropriate state or federal agencies, following reasonable notifIcation to the Grantee, for a period of three (3) years following the completion of the work plan activities described in Attachment A. 3.04 Authorized Agent. The Council's authorized agent for purposes of administering this grant agreement is Terrence Kayser, or another designated Council employee. The written reports submitted to the Council should be directed to the attention of the authorized agent at the following address: - 3 - -4- Metropolitan Council Mears Park Centre 230 East Fifth Street Saint Paul, Minnesota 55101-1634 IV. GRANT AGREEMENT TERM 4.01 Term and End Date. This grant agreement is effective upon execution of the agreement by the Council. Unless terminated pursuant to paragraph 4.02 or extended by written agreement pursuant to paragraph 4.03, this agreement will expire on the "End Date" identified at page 1 of this grant agreement, or upon completion of the work plan activities described in Attachment A and submission of the [mal progress report required under paragraph 3.01(b). 4.02 Termination. This agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach of this agreement and any amendments of this agreement. Termination of this agreement does not alter the Council's authority to recover funds on the basis of a later audit or other review, and does . not alter the Grantee's obligation to return any funds due to the Council as a result oflater audits or corrections. If the Council determines the Grantee has failed to comply with the terms and conditions of this agreement, the Council may take any action to protect its interests, may refuse to disburse additional funds and may require the Grantee to return all or part of the funds. 4.03 Amendment. The Council and the Grantee may amend this agreement by written mutual consent. Amendments, changes or modifications to the Grantee's approved work plan and budget shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. v. GENERAL PROVISIONS 5.01 Equal Opportunity. The Grantee agrees it will not discriminate against any employee or . applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation or age and will take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation and selection for training. 5.02 Conflict of Interest. The members, officers and employees of the Grantee shall comply with all applicable federal and state statutory and regulatory conflict of interest laws and provisions. 5.03 Liability. To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the funded work plan activities. This obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and the Grantee. The provisions of this paragraph shall survive the expiration or termination of this agreement. This indemnification shall not be construed as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law. 5.04 Compliance with Law. The Grantee agrees to conduct the work plan activities in compliance with all applicable provisions of federal, state and local laws. 5.05 Acknowledgment. The Grantee shall appropriately acknowledge the funding assistance provided by the Council in promotional materials, reports, publications and notices relating to the project activities funded under this agreement. 5.06 Warranty of Legal Capacity. The individual signing this agreement on behalf of the Grantee represents and warrants that the individual is duly authorized to execute this agreement and that this agreement constitutes the Grantee's valid, binding and enforceable agreements. IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be executed by their duly authorized representatives. This agreement is effective on the date of final execution by the Council. . Approved as to form: METROPOLITAN COUNCIL By: Associate General Counsel Thomas C. McElveen, Deputy Director Housing, Development and Implementation Community Development Division Date: GRANTEE . By: (Signature of Authorized Representative) Name: Title: Date: By: (Signature of Authorized Representative) Name: Title: Date: COMPGRNT.DOC 10/91 - 5 - PLANNING GRANT WORK PROGRAM Expenditure Estimate Land Use: . Update Land Use Inventory Planning Director 40 hours Planning Assistant 40 hours Print/Publish Comprehensive Plan $1,200.00 800.00 1,000.00 Transportation Traffic Study Related to Highway 7 Corridor Improvements Consultant 7,500.00 City Engineer 80 hours 2,560.00 Housin~ Housing Plan Inventory Planning Director Planning Assistant 40 hours 80 hours 1,200.00 1,760.00 . Stormwater Mana~ement Plan: Planning Director 20 hours City Engineer Consultant 600.00 10,000.00 60,000.00 Park & Trailina Plannin~: Park Planning Consultant Trail Planning Consultant Total Project Expenditure Estimate 6,000.00 6.000.00 $97,828.00 CITY OF 'SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128 . www.state.netlshorewood. cityhall@shorewood.state.net MEMORANDUM . TO: . FROM: DATE: Mayor and City Council Brad Nielsen 18 July 1996 RE: Sign Permit - HealthSystem Minnesota FILE NO. Property - 19685 State Highway 7 Nordquist Sign Co. has submitted a signage plan for the office building recently completed at 19685 State Highway 7. They propose to erect a freestanding pylon sign (see Exhibit A} in front of the building near the driveway and a wall sign (see Exhibit B) on the north side of the building. The locations of the two signs are shown on the applicant's site plan (Exhibit C). . The pylon sign contains 83 square feet of area (on one side), and the wall sign contains 38__ square feet of area, for a total of 121 square feet. The :Coning Code allows a total sign area up to 10 percent of the building silhouette as viewed from the street. 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ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 FAX (612) 474-0128. www.slate.net/shorewood . cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator Lany Brown, Director of Public Works ~ November 20, 1997 FROM: . DATE: RE: A Motion to Adopt a Resolution Accepting Improvements for City Project 95-14 Eureka Road Watermain Extension Attachment 1 is a memorandum from OSM Associates, Inc. recommending final payment to GL . Contracting for the Eureka Road Watermain Extension, City Project 95-14 contingent uP.9n the Contractor providing the City with. the appropriate tax information and lien waivers. - Staff is recommending acceptance of the improvements by the City and issuance of final payment to the contractor, as outlined herein. A resolution is attached for your consideration. . A Residential Community on Lake Minnetonka's South Shore .3e fII". & Associates Engineers Architects Planners Surveyors . . 1922-1997 November 5, 1997 Honorable Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Eureka Road North Watermain & Appurtenant Work City of Shorewood OSM Project No. 5718.11 Dear Mayor and City Council Members: Enclosed are four (4) copies of FINAL Construction Pay Voucher No.6 for the referenced project in the amount of $24,101.96. We recommend final payment subject to receipt of the following items: 1) Satisfactory showing that the Contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding State Income Tax and; 2) Evidence in the form of an Affidavit that all claims against the Contractor by reasons of the contract have been fully paid or satisfactorily secured. Please make final payment in this amount to G.L. Contracting, Inc., 4300 Willow Drive, Medina, MN 55340 at your earliest convenience. Sincerely, ORR-5CHELEN-MAYERON AND ASSOCIATES, INC. '" ~,~ Paul T. Hornby, P.E. Project Manager. 1 Enclosure c: Larry Brown - Director of Public Works - City of ShorGwood Ralph Murphy - G.L. Contracting, Inc. PTH/med Attachment 1 H:\S7IS.00\CIVILICORRI!S\V06II.CrY 612-595-577! CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION ACCEPTING EUREKA ROAD W ATERMAIN IMPROVEMENTS, PROJECT NO. 95-14, AND AUTHORIZING FINAL PAYMENT WHEREAS, the City of Shorewood has entered into a contract with GL Contracting, Inc. for City Project No. 95-14, Eureka Road Watermain Improvements; and, WHEREAS, the Contractor has petitioned for final acceptance of the project and final payment based on work performed to date; and, WHEREAS, the Project Manager has made a final inspection of the project and recommends acceptance and final payment be made by the City. NOW, THEREFORE BE IT RESOLVED that: The City hereby does accept the work completed pursuant to said contract and authorizes final payment to the Contractor, and the one year guarantee shall commence as of the date of this resolution, subject to the following items: 1. The Contractor furnish the City a one year maintenance bond pursuant to the contract. 2. The Contractor must make satisfactory showing that he has complied with the provisions of Minnesota Statutes 290.92 requiring withholding of State Income Tax. 3. Evidence in the form of an affidavit that all claims against the Contractor by reasons of the contract have been fully paid or satisfactorily secured. ADOPTED by the City Council of the City of Shore wood this 24th day of November, 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk ~. . . 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.neVshorewood . cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator I~. Larry Brown, Director of Public Works 9JY'. . November 20, 1997 . FROM: DATE: RE: AMotion to Adopt a Resolution Accepting Improvements for City Project 95-15 South Link Watermain Extension Attachment 1 is a memorandum from OSM Associates, Inc. recommending final payment to GL Contracting for the South Link Watermain Improvements, City Project 95-15 contingent upon the Contractor providing the City with the appropriate tax information and lien waivers. Staff is recommending acceptance of the improvements by the City and issuance of final payment to the contractor, as outlined herein. A resolution is attached for your consideration. . 3f A Residential Community on Lake Minnetonka's South Shore & Associates Engineers Architects Planners Surveyors 1922-1997 -- November 5,1997 Honorable Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Smithtown Road (South Link) Watennain & Appurtenant Work City of Shorewood OSM Project No. 5718.12 . Dear Mayor and City Council Members: Enclosed are four (4) copies of FINAL Construction Pay Voucher No.6 for the referenced project in the amount of $19,168.91. We recommend final payment subject to receipt of the following items: 1) Satisfactory showing that the Contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding State Income Tax and; 2) Evidence in the form of an Affidavit that all claims against the Contractor by reasons of the contract have been fully paid or satisfactorily secured. Please make final payment in this amount to G.L. Contracting, Inc., 4300 Willow Drive, Medina, MN 55340 at your earliest convenience. S~~ . ORR-SCHELEN-MAYERON AND ASSOCIATES, INC. '" ~~~, ,~.. -, Paul T. Hornby, P.E. Project Manager Enclosure c: Larry Brown - Director of Public Works - City of Shorewood Ralph Murphy - G.L. Contracting, Inc. PTH/med Attachment 1 H:\S718.00\ClVIL\CORRI!SW0612.CI'Y 612-595-5775 CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION ACCEPTING SOUTH LINK W ATERMAlN IMPROVEMENTS, PROJECT NO. 95-15, AND AUTHORIZING FINAL PAYMENT WHEREAS, the City of Shorewood has entered into a contract with GL Contracting, Inc. for City Project No. 95-15, South Link Watermain Improvements; and, WHEREAS, the Contractor has petitioned for final acceptance of the project and final payment based on work performed to date; and, WHEREAS, the Project Manager has made a final inspection of the . project and recommends acceptance and final payment be made by the City. NOW, THEREFORE BE IT RESOLVED that: The City hereby does accept the work completed pursuant to said contract and authorizes final payment to the Contractor, and the one year guarantee shall commence as of the date of this resolution, subject to the following items: . 1. The Contractor furnish the City a one year maintenance bond pursuant to the contract. 2. The Contractor must make satisfactory showing that he has complied with the provisions of Minnesota Statutes 290.92 requiring withholding of State Income Tax. . 3. Evidence in the form of an affidavit that all claims against the Contractor by reasons of the contract have been fully paid or satisfactorily secured. ADOPTED by the City Council of the City of Shorewood this 24th day of November, 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk . . CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDA Y, NOVEMBER 11, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING DRAFT! I Chair Colopoulos called the meeting to order at 7:31 p.m. A. ROLL CALL Present: Chair Colopoulos; Commissioners Puzak, Dallman, Arnst, Wilson (arrived at 7:37 p.m.), Packard and Bensman; Council Liaison McCarty; Administrator Jim Hurm B. REVIEW AGENDA Chair Colopoulos read the Agenda for November 11, 1997. The agenda was accepted as presented. Hurm suggested adding an agenda item to discuss the use of Freeman Park by the Police Department for snowmobile training. The matter was raised by Councilmember Stover as a matter from the floor and was discussed at that time. 2. APPROVAL OF MINUTES Park Commission Meeting Minutes of October 14, 1997 Puzak moved, Arnst seconded, to approve the minutes as amended on Page 2, Paragraph 9, Sentence 2, change to read, "focused on trails." Page 3, Paragraph 5, Sentence 2, change to read, "Trail surfaces and widths would be varied." Page 4, Paragraph 1, change to read, "MSA funds or other sources such as ISTEA funds." Motion passed 4/0. (Chair Colopoulos and Commissioner Bensman abstained.) 3. MATTERS FROM THE FLOOR Councilmember Stover noted the Council passed a resolution allowing the police department use of Freeman Park for snowmobile training. She requested the Park Commission's input on this issue. Councilmember Stover noted Engineer Brown has offered that Public Works will clear the parking lot of any snow or tracks after the training. Administrator Hurm explained this would involve the use of one snowmobile in the parking lot area of Freeman Park. He noted the ordinance allows for the operation of snowmobiles for supervised training. Commissioner Arnst inquired where Hennepin County provides their training. Hurm noted it is generally in January out in one of the bays. She expressed concern this will give the impression that snowmobiles are allowed in the park. Commissioner Puzak inquired whether this training will demonstrate the participant's proficiency or whether they will have to demonstrate proficiency in January. Commissioner Bensman questioned the benefit of an early training session when the participants cannot be certified until January. 4t5 PARK COMMISSION MINUTES NOVEMBER 11, 1997 - PAGE 2 Hurm explained although there are two and a half days of training, the actual outdoor training will last approximately one hour. Commissioner Wilson felt this to be a good opportunity for youth to be trained on the safe use of snowmobiles. Commissioner Dallman was in favor of the request. Commissioner Puzak felt the greater value to be that the Park Commission support safety and encourage snowmobile training. Hurm will contact the police department to ascertain why the training is scheduled prior to January. Commissioner Arnst asked that these matters be brought before the Commission in a timely matter, noting the Council has already made a decision on this matter. Councilmember Stover noted the Council does have the opportunity to reconsider this issue and make a different decision. 4. REPORTS: '" Status of Items Listed on "To Do" List Administrator Hurm reviewed the items remaining on the "To Do" list. He noted the survey . markings are underway for Silverwood Park. With respect to Freeman Park, it is anticipated the picnic shelter will be in place by the end of the week. Report on Tour of Concession Buildings in Other Cities Commissioner Arnst will be attending a tour of concession buildings in other surrounding cities and will report back to the Commission. Report on October 22 Meeting with Neighboring Cities on Children's Issues Commissioner Puzak reported the communities of Greenwood, Excelsior, Deephaven, Shorewood and Tonka Bay met on October 22, 1997, to discuss children's issues within the communities. It was felt the communities could work together to taking some meaningful steps in this regard. Freeman Park was discussed as a site in which to provide an area for children as well as Studor . Park in Excelsior which is relatively undeveloped. There were discussions Centering around consideration of Studor Park, noting this park could be developed with children in mind. A follow up meeting has been scheduled for November 19, 1997, to further address this issue. The issue will be further discussed and possible solutions suggested. Commissioner Arnst suggested this matter be added to the next agenda for a report by one of the commissioners in attendance. 5. PRESENTATION BY MATT PIKE ON SUGGESTION FOR SKATING PARK Matt Pike was in attendance and distributed information to the Commission relative to a skate type ramp. He asked the Commission to consider the establishment of a skate park in Shorewood. Mr. Pike noted the only place available for skating to be in the street and many business owners have posted the street area with no skating signs. . . PARK COMMISSION MINUTES NOVEMBER 11, 1997 - PAGE 3 Mr. Pike noted there is a skate park in Minneapolis, however, this is not accessible to youth in Shorewood. He noted the cost of a skate park to be significant, however, he suggested several fund raising options. Mr. Pike suggested there may be City owned land in which a park could be established. Commissioner Arnst inquired how many people would utilize such a facility; Mr. Pike noted there are a significant amount of BMXers, skate boarders as well as roller bladers. Chair Colopoulos expressed an interest in viewing the facility in Minneapolis. He would like further information relative to the size of the facility as well as the type of surface it would require. Mr. Pike estimated a park to be 300 feet wide by 500 feet in length. Commissioner Wilson noted he has visited the Minneapolis facility and estimated it to be approximately 100 feet by 75 feet. Commissioner Arnst asked that Mr. Pike be added to the agenda of one of the future meetings with the five communities who are discussing children's issues. The Commission was in support of Mr. Pike's suggestion and commended him on the excellent presentation he provided. Council Liaison McCarty noted there are tennis courts which have been contemplated for Freeman Park with funds allotted for this project. She felt possibly the skate park should be discussed as an alternative. Commissioner Wilson felt there could be user fees for utilizing the skate park and felt many parents would be in favor of this type of facility. Chair Colopoulos was in favor of reviewing this matter further and progressing to a planning stage with a feasibility study. 6. DISCUSSION OF DETAILED TRAIL PLAN WITH MARK KOEGLER Mr. Koegler presented the Commission with an approach to assist in resolving the trail issue in Shorewood (attached to and made a part of these minutes). Commissioner Puzak noted the Commission is proceeding slowly and cautiously in this matter. He expressed concern the Commission will be spending excessive funds in deciding whether action should be taken. Commissioner Bensman felt there should be a referendum on this issue rather than pursuing more surveys and information gathering activities. Commissioner Wilson felt the Commission should make a decision and move forward. Chair Colopoulos felt the plan lacks specificity and has not been properly communicated. He stated he is hesitant to make a decision which affects property owner's right-of-way and deeded access. Chair Colopoulos felt there needs to be a determination made whether this is a sidewalk plan or a recreational trail plan. Commissioner Wilson felt this plan has been clearly defmed as a recreational trail plan. Commissioner Arnst felt the Commission should move forward and meet with the Council. Commissioner Puzak noted the first step is to meet with the Council for their input on this plan, noting the Commission cannot solve this issue by itself. PARK COMMISSION MINUTES NOVEMBER 11, 1997 - PAGE 4 Commissioner Puzak asked that Councilmembers Stover and McCarty speak with the Council and ask that they lend their support to the Park Commission. Commissioner Bensman noted the reference to a focus group in the proposed plan and commented the plan actually describes a task force rather than a focus group. She commented the focus group will leave the Commission with nothing more than a collection of various people's opinions. Commissioner Arnst inquired whether there would be a facilitator at the workshop which is anticipated with the Council. Mr. Koegler stated he would be in attendance to facilitate the meeting. He did not feel the Commission should pursue this plan if there is not Council support. Commissioner Puzak suggested the Commission proceed with the proposal noting if this plan is ultimately abandoned, the remaining funds could be applied to the Magic Square and/or the skate park. Hurm suggested a joint work session with the Council on December 9, 1997, with an alternate date of December 2, 1997. Mr. Koegler requested that all Commissioners and Councilmembers be in attendance at the work session. . 7. DISCUSSION WITH RESIDENT ON USE OF MANOR PARK WARMING HOUSE DURING NON-REGULAR HOURS Allison Hawkenson, 20815 ldlewild Path, was in attendance and requested access and use of the Manor Park warming house during non-regular hours. She noted she home schools her children and would request this access once per week for a two hour period of time. Commissioner Puzak inquired relative to the additional liability this would place upon the City as well as any precedent this would create. Hurm stated this would not affect the liability insurance. Puzak moved, Bensman seconded approving that Allison Hawkenson, 20815 Idlewild Path, be issued a key to the warming house to be used for the skating season. Motion passed 7/0. 8. DISCUSSION OF CENTERlPARK ISSUES WITH BOB GAGNE, CHAIR, FRIENDS OF THE SOUTHSHORE SENIOR/COMMUNITY CENTER . Bob Gagne was in attendance and thanked the Commission for permitting the construction of the Southshore Senior/Community Center building on the park property. Mr. Gagne addressed the issue of parking. He noted it is anticipated the existing well building will be changed in the near future and this may result in additional spaces which could be acquired between the well building and the next hill which would provide a number of additional parking spaces. Mr. Gagne also reported there have been 25 requests for the rental of the facility. He noted rental fees and fundraising have been utilized to pay for the facility. Mr. Gagne noted the Center is dependent upon the rental of the facility to meet the operating expenses. Mr. Gagne explained there have been rental inquiries in which potential renters have wanted to be allowed to have alcohol on the site. He noted this is currently not permitted, however, he requested wine and beer be allowed to be served on the premises. Mr. Gagne distributed a list a potential requirements which were developed by the Friends of the Southshore Senior/Community Center. . . PARK COMMISSION MINUTES NOVEMBER 11, 1997 - PAGE 5 It was noted there is a provision in the Conditional Use Permit which prohibits the use of alcohol on this site. In addition, there is a provision that alcohol is not permitted in any park. Hurm noted in order to change the Conditional Use Permit, there would be a public hearing required. He felt the Council would be interested in the Commission's opinion on this matter. Commissioner Arnst felt the facility should be allowed the use of alcohol on the site since the Center is dependent on the rental of the facility to sustain its operating expenses. Commissioner Puzak noted his agreement. Chair Colopoulos suggested the Center may want to consider a liquor license as opposed to limiting the request to beer and wine. Commissioner Puzak felt if a liquor license is sought, there should be some sort of security person on the premises. Puzak moved, Arnst seconded recommending to City Council that the request for beer and wine, or liquor, if so requested by the Friends group, be granted to the senior Center under the guidelines similar to the ones presented by the Friends group. Motion passed 7/0. (The guidelines provided by Mr. Gagne follow.) The following information was provided to the Park Commission by Mr. Gagne. Points to discuss at the Park Commission Meeting regarding the request to serve wine and/or beer at the Southshore Center. 1 . People from our community are requesting to use the facility for special parties where they would like to serve wine. Example, the Townhouse Association who wanted to have a Christmas dinner for the group did not rent because they could not serve wine with the meal. 2 . We would develop policies regarding the serving of wine and/or beer such as: a. No kegs - beer must be served out of cans or bottles. b. Wine and/or beer can only be served with food. c. Beer and wine (including champagne) may be served at activities and must include the serving of food. These beverages must be provided by the organization, group or persons hosting the activity or event. d. No compensation of any nature may be exchanged for beer or wine. This includes donations, advance sale tickets and tips. e. Beer and wine may only be served until 10:30 p.m. on week nights and 12 midnight on Friday and Saturday evenings. f. All parties consuming beer and wine in the Dining Room shall be required to conform to all City and State liquor laws. g. Center. Beer and wine may only be consumed within the Community Cheryl Wallat Recording Secretary TimeSaver Off Site Secretarial, Inc. . PARK COMMISSION MINUTES NOVEMBER 11, 1997 - PAGE 6 h. In activities or functions where beer and/or wine is served, it may be required that the organization or group hire a police officer for all or part of the event. Commissioner Wilson commented on the issue which was recently discussed relative to the use of liquor in the parks and the picnic shelter area. He questioned why liquor would not be permitted at a wedding which would be held at the picnic shelter in the park. Commissioner Puzak noted that would be allowing liquor in the park and the Southshore Senior/Community Center is not located on park property. In addition, the use of alcohol will not be permitted outside of the building itself. 9. OLD BUSINESS Commissioner Arnst noted there has not been a Park Commission representative present at the Council meetings to report on the Park Commission meetings. She suggested everyone do their part in this regard. Commissioner Arnst noted the Park Commission minutes are made available to the Council and Planning Commission prior to the Park Commission and she requested the Commission receive . them at the same time they are distributed to the other groups. Commissioner Arnst requested that information relative to the trail issue be provided as soon as possible so each commissioner has an opportunity to review the materials prior to the meeting. 10. NEW BUSINESS 11. ADJOURNMENT Puzak moved, Bensman seconded adjourning the meeting at 9:40 p.m. Motion passed 7/0. RESPECTFULL Y SUBMITTED, . . Creative Solutions for Land Planning and Design Hoisington Koegler Group Inc. 11I13 ~n November 3, 1997 Mr. James C. Hurm City Administrator City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331-8927 jia ~ (G ~ ~ \\;f ~ m\ II g II: I~ NOv 5 1997 M i LBy Dear Jim: At the Park Commission meeting on October 14 t.'1, we discussed several approaches to help resolve the trail issue in Shorewood. After consideration of a number of alternatives, the Park Commission suggested that we pursue an option that called for an initial public forum followed by a series of focus groups to sort through the issues and formulate recommendations. The following approach is offered for further consideration: Objective: To identify a consensus regarding implementation of a trail system in the City of Shorewood. .. Process: Hold a public meeting "event" focused on trails but including other related recreational interests. Following the public meeting, structure a series of three focus groups, each emphasizing a different aspect of the decision process. Tasks: 1. Conduct an initial workshop meeting with the Park Commission (and City Council?) regarding the process. 2. Develop a communications plan, conduct publicity and mail invitations (HKGi and City Staft). 3. Conduct a parks and trails community forum for approximately 100+ people representing the public at-large and various recreational interests. The outcome of the meeting will be the tabulation of a set of trail and park issues that are important to the community. 4. Conduct an updated community survey providing information on trails and other park and recreation needs. The survey should be a telephone survey with a representative sample size (approximately 400). The results of the survey would 123 North Third Street, Suite 100, Minneapolis, MN 55401-1659 Ph (612) 338-0800 Fx (612) 338-6838 Mr. James C. Hurm November 3, 1997 Page 2 serve as another barometer of the community's attitude toward trails and other park issues. This task is optional but recommended. 5. Summarize the results of the community forum and survey. 8. Conduct Focus Group Meeting #2 to propose and examine alternatives to resolve the Issues. . 6. Appoint a balanced focus group of not more than 1.5 people to meet and explore the trail issue in more detail based on the information received from the community forum and the telephone survey. 7. Conduct Focus Group Meeting #1, the purpose of which is to define the issues and problems. 9. Conduct Focus Group Meeting #3 to formulate recommendations to the Park Commission and City Council. 10. Prepare a final report summarizing the results of the process. Cost Based on the tasks outlined above, the cost associated with all of the work program tasks with the exception of the survey identified in #4 is $4,500.00. Based on other projects that we are completing at the present time that include similar surveys, the survey will run an additional $5,000.00 to $6,000.00 depending on the number of questions involved. The extensive meetings that are part of this process, the broad based community involvement, and the detailed information that is gathered are labor intensive and therefore, result in a more costly approach. If it becomes necessary to reduce the scope of the effort, the following could be considered: . 1. Elimination of the telephone survey resulting in savings of $5,000 to $6,000. The results of the survey that was compiled in 1996 could be used as a source of information. 2. Elimination of the focus group meetings resulting in savings of approximately $1,600. This would place the emphasis on the community forum as sole source of community input. . . Mr. James C. Hurm November 3, 1997 Page 3 Efforts to reduce the scope need to be balanced against the amount of process and work that is ultimately necessary to provide the information required for the City Council to make a decision. Schedule If the full process outlined herein is to be implemented, timing becomes an issue because of the upcoming holiday season. Two approaches could be considered. First, the initial workshop could be conducted in November allowing for the scheduling of the community forum in early December. Focus groups could be scheduled for January with results being available in early February. The second approach avoids December because of potential conflicts and a corresponding reduction in public interest. This approach calls for the initial workshop to occur in either November or December and the community forum to take place in early January. Focus groups could be held in January and February and results could be available in early March. In both scenarios, the telephone survey could be conducted at an appropriate time in the process. I would be pleased to further discuss this approach with you and the Park Commission at your convenience. Sincerely, ~ R. Mark Koegler, RLA Senior Vice President RMK:dbm CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, NOVEMBER 4, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Vice Chair Turgeon called the meeting to order at 7:00 p.m. ROLL CALL Present: Vice Chair Turgeon; Commissioners Borkon, Champa, Kolstad (arrived at 7:55 p.m.), Lizee and Turgeon; Planning Director Nielsen; Council Liaison O'Neill Absent: Chair Pisula . APPROVAL OF MINUTES Planning Commission Minutes - October 7, 1997 Lizee moved, Borkon seconded approving the Planning Commission Minutes of October 7, 1997, as amended on Page 7, Paragraph 2, Sentence 1, change "note" to "not." Motion passed 3/0. (Commissioners Champa and Foust abstained.) Planning Commission Minutes - October 14, 1997 Champa moved, Borkon seconded approving the Planning Commission Minutes of October 14, 1997, as amended on Page 2, Paragraph 3, Sentence 4, change to read, "He also felt the antenna space on the southeastern tower should be filled prior to utilizing another site." Page 5, Paragraph 1, Sentence 4, change "Planning Commission" to "City of Shorewood." Motion passed 4/0. (Commissioner Foust abstained.) . 1. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200 SQ. FT. Applicant: James and Diane Agnew Location: 6065 Eureka Road Mr. Agnew was in attendance. He noted the facade of the greenhouse will be very similar to that of the house. Vice Chair Turgeon opened the public hearing at 7: 10 p.m. Hearing no public testimony, Vice Chair Turgeon closed the public hearing at 7:10 p.m. Vice Chair Turgeon asked about the standards which apply within the greenhouse ordinance. Nielsen explained the greenhouse ordinance does not apply in this instance since the proposal is under the size requirement. In addition, this request is not for a commercial greenhouse. Borkon moved, Champa seconded approving a Conditional Use Permit for accessory space over 1200 square feet for James and Diane Agnew, 6065 Eureka Road. Motion passed 5/0. PLANNING COMMISSION MINUTES NOVEMBER 4, 1997 - PAGE 2 Vice Chair Turgeon noted this matter will come before the Council for their consideration on November 24, 1997. 2. PUBLIC HEARING - C.U.P. FOR SPECIAL HOME OCCUPATION PERMIT Applicant: Sondra Traylor 23115 Summit Avenue Location: Dr. Traylor was in attendance. She noted she sees four to seven patients per day and asked for suggestions relative to the parking situation. cJ Vice Chair Turgeon opened the public hearing at 7:30 p.m. Vicki Franzen, 6260 Hummingbird Road, submitted a letter on behalf of herself and several other neighbors. She expressed concern relative to any additional traffic which would result from Dr. Traylor's request. Ms. Franzen felt if Dr. Traylor's business volume is increasing to this degree, she should possibly move her business to a commercial location. Dr. Traylor explained she does not intend to increase her practice, but to add some office help. She agreed high volume traffic would not benefit the neighborhood. Arthur Partridge, 6280 Hummingbird Road, expressed concern the Planning Commission is in a position of granting a Conditional Use Permit, but also a variance which would allow the use of the Conditional Use Permit. He related his belief there is insufficient space on this particular plat which would allow for the parking of an additional vehicle. Mr. Partridge felt if a Conditional Use Permit were to be granted, it should be enforced by the City rather than the neighbors. Hearing no further public testimony, Vice Chair Turgeon closed the public hearing at 7:36 p.m. Commissioner Lizee inquired whether the driveway could be extended to the south to connect with the parking turn-around area. This would allow the visiting car to park parallel to the house and still be outside of the 25-foot setback. Nielsen stated it would still be within the 35-foot front yard setback. He felt the only available parking space which complies with the setback requirement would be on the north side of the garage. . Commissioner Lizee suggested posting the address above the garage, making it more visible. She suggested adding a no parking sign in the appropriate area. With respect to the traffic in a residential area, Commissioner Lizee noted a permit had been recently issued to a commercial greenhouse which was located in a similar residential area with a similar width street. Commissioner Borkon asked how many employees would be permitted on the premises. Nielsen explained in accordance with a limited home occupation, only the people living and working on the property would be permitted. A special home occupation permit would allow for one employee who does not live on the premises. Commissioner Champa inquired how many patients could be on the property at any given time. Nielsen explained a limited home occupation would limit clientele to one at a time. It would be possible under a special home occupation permit to have more. Nielsen felt it would be reasonable to impose a condition there not be any overlapping of patients due to the lack of parking available. Commissioner Foust asked if additional parking could be accommodated through an alternative configuration. He suggested a horseshoe or circular type driveway. Nielsen explained additional parking could be extended up into the property, however, the ordinance states there should not be features which would be unusual for a residential property. . . . PLANNING COMMISSION MINUTES NOVEMBER 4, 1997 . PAGE 3 Vice Chair Turgeon expressed concern relative to the site line backing out of the driveway as well as the narrowness of the driveway. Mr. Partridge stated there would be no way to approve the Conditional Use Permit without also granting a variance relative to parking. Jane Partridge pointed out by denying Dr. Traylor's request, she is not being denied her business. She felt allowing an additional employee could potentially increase the business. Nielsen explained two cars would be in the garage and one car alongside the garage and this would not require a variance. (Commissioner Kolstad arrived at 7:55 p.m.) Nielsen noted there could not be any overlapping of clients. Commissioner Champa pointed out the parking problem exists today. He noted there are no provisions in the requirements for a Special Home Occupation Permit which would prevent the business from being increased. Nielsen suggested a provision stating not more than one patient can be treated at any given time and this would prevent two doctors from working at this site and increasing the business. Dr. Traylor suggested a provision in the permit stating no doctor other than Dr. Traylor can treat patients at the home. Vice Chair Turgeon felt if a horseshoe design were to be used, cars would not need to be backing out onto the curve. Commissioner Borkon noted her agreement. She stated she is uncomfortable with the ordinance as it stands because it leaves a lot open to interpretation. Nielsen stated the ordinance limits the number of employees to one, however, it does not identify the capacity of that employee. Commissioner Borkon expressed concern relative to the home occupation issue and stated in the spirit of the new Council, she was unsure whether or not home occupation is something they would like to see permitted. In addition, she noted the trend of home occupations will continue and she felt the ordinance should be reviewed. Commissioner Champa also felt the ordinance should be discussed and reviewed at a future work session. Vice Chair Turgeon was not comfortable with the request at this time and felt more creativity needs to be put into making the driveway safe while staying within the setback areas. At this time, she will vote to either table or deny the request. Commissioner Foust stated if the employee parks in the garage, it does not create any different appearance than that of a residential area. In addition, he did not feel there would be an increase in traffic. Champa moved, Lizee seconded tabling consideration of a Conditional Use Permit for a Special Home Occupation Permit for Sondra Traylor, 23115 Summit A venue, to the December 2, 1997, meeting of the Planning Commission to allow Planning Director Nielsen and Engineer Brown an opportunity to investigate the viability of reconfiguring the nonconforming area south of the existing driveway into a horseshoe shape thereby reducing the need for vehicles to back out of the driveway and the excess pavement remaining in the turnaround to be removed at that point. Motion passed 5/0. (Commissioner Kolstad abstained.) Vice Chair Turgeon recessed the meeting at 8:20 p.m. and reconvened at 8:28 p.m. PLANNING COMMISSION MINUTES NOVEMBER 4, 1997 - PAGE 4 3. PUBLIC HEARING - C.U.P. FOR SELF -STORAGE FACILITY AND ZONING ORDINANCE TEXT AMENDMENT TO ALLOW OFF-SITE CARETAKER Applicant: Todd Jones, representing Two S. Properties (MN Mini-Storage) 19395 Highway 7 / 5170 Vine Hill Road Location: Todd Jones, MN Mini-Storage, was in attendance. He noted the applicants will review and attempt to resolve the issues which were raised by Engineer Brown. Mr. Jones stated the traffic on and off the site is very low. The lighting proposed for the site will be directed downward and in toward the facility. In addition, the facility does not create a noise problem. Mr. Jones stated a neighborhood meeting was held on October 21, 1997. He commented that based on the comments of those in attendance, he believed the residents felt the use to be acceptable. He noted concern was expressed relative to lighting, maintaining more trees, installing a fence behind the pond to act as a buffer, a request for lighting along Vine Hill Road to illuminate the building, as well as concerns relative to the wetland. Mr. Jones stated these concerns will be reviewed and an attempt made to address them. With respect to the request for lighting along Vine Hill Road, Mr. Jones noted the neighbor who suggested this has withdrawn his request and therefore lighting along Vine Hill Road was not included in the lighting plan. Mr. Jones noted one of the neighbors has expressed concern over the colors which are to be used on the building. He noted the color choices to be an earth tone gray with blue trim. Vice Chair Turgeon opened the public hearing at 9: 10 p.m. Cindy Heimer, 5215 Vine Hill Road, was in favor of the revised plan which would provide for additional trees to be saved. She was also in favor of the fencing which is being proposed since it will block the highway. Maria Heimer, 5215 Vine Hill Road, commented on the proposed color of the building and felt a brown or tan color would blend in and provide a more natural look with the surrounding wooded area. She suggested the blue stripe be omitted. Chad Moore, 5220 Vine Hill Road, commented on the direct line of site to the intersection of Vine Hill and Highway 7. He suggested the fence be extended to the building to prevent that line of site to the intersection. This would also deter foot traffic which comes through the south side of the property toward that intersection. Mr. Moore was in favor of the proposal, noting the needs of the neighbors appear to be met with this proposal. John Skully, 5133 Vine Hill Road, asked for clarification regarding the berm/wall which is being' proposed. Nielsen explained that the ordinance requires any building within 50 feet of a property line must be limited in height to 58 feet. He suggested through grading around the corner and potentially wrapping the retaining wall around it, the building would come back down 15 feet and into compliance with the ordinance. Mr. Skully also addressed the issue of the color of the building and requested it be painted a brown color to allow the building to blend in with the neighborhood and the wooded area around it. He stated he is also in favor of the proposal. j . . PLANNING COMMISSION MINUTES NOVEMBER 4, 1997 - PAGE 5 Matt Larson, Vine Hill Road, was also in favor of the proposal, however, he expressed concern for the color selection. He also felt a brown color to be more appropriate. Mr. Larson questioned the hours of operation. Mr. Jones stated the hours will initially be similar to the existing facility, however, he would like to have the ability to work within the ordinance which allows for hours of 7 a.m. to 10 p.m. Sunday through Thursday and 7 a.m. to 12 midnight on Friday and Saturday. Hearing no further testimony, the public hearing was closed at 9:20 p.m. Commissioner Kolstad asked if there will be access to the site by children given the proximity of the school. She expressed concern relative to there not being a caretaker on the premises and the potential for people to be on the property undetected. Mr. Jones explained a surveillance system will be utilized. Commissioner Kolstad was in favor of the proposal, however, she felt a surveillance system should be included as a condition. Commissioner Kolstad asked about the issue of the building color. Mr. Jones explained the colors were chosen for marketing purposes. Architect Paul Strothers displayed a diagram depicting a gray colored building with blue accents. Mr. Jones noted the existing building will also be painted in this color scheme. . Commissioner Champa suggested there be a provision in the amendment requiring the use of surveillance equipment on the site. He felt there should be an alternative site plan in the event the property is sold at some point in the future, the site would not have to be remodeled to provide for an on-site caretaker. Commissioner Champa asked that consideration be given to the color scheme and the wishes of the neighborhood. Commissioner Borkon commended the developer and the neighborhood on their efforts to work together on the proposed plan. She noted her biggest concern to be the lack of a caretaker at the facility. Commissioner Borkon stated she would like to see access to this site from the existing site rather than from Highway 7. Mr. Jones stated that would also be his fIrst choice, however, the land is not contiguous making this impossible. Commissioner Borkon inquired whether the caretaker at the existing site will be required to monitor the proposed facility. Mr. Jones stated this would be a part of the job description of the caretaker. Commissioner Borkon noted she liked the proposed colors, however, she felt the developer should review this matter and give consideration to accommodating the surrounding neighbors. . Commissioner Borkon questioned whether sanitary sewer is available to the site should an on-site caretaker need to be accommodated at some point in the future. Nielsen noted there is availability of sanitary sewer to the site. Commissioner Borkon addressed the issue of lighting as well as the hours of operation and felt the hours to be extensive. Nielsen noted the proposed lighting is downcast and the purpose of the lighting is security as opposed to advertising. Mr. Jones confIrmed this and stated they are controlled by photocell and turn on and off with daylight hours. With respect to the hours of operation, Mr. Jones explained this would not be a high traffic facility, estimating an average of 15 trips per day. Commissioner Borkon asked what type of signage package is being considered. Mr. Jones stated the signage has not been determined, however, he assured it will be in accordance with the ordinance and he will not be requesting any sort of variance. Commissioner Lizee asked about drainage and the life expectancy of the french drain which is proposed for the back of the building. Brown stated the pipes are wrapped in a special fabric which increases the life expectancy beyond the 10 to 15 year expectancy anticipated in the past. PLANNING COMMISSION MINUTES NOVEMBER 4, 1997 - PAGE 6 Commissioner Lizee inquired whether gutters are being considered. Brown explained it is unlikely gutters will be considered since they typically require a high amount of maintenance. Commissioner Lizee was in agreement the color needs to be addressed to ensure the building blends in with the surrounding wooded area. She would prefer the entire building be painted in a brown tone, however, in the alternative, she suggested the sides of the building facing the neighbors be painted in a brown tone. Commissioner Foust inquired how fIre and rescue equipment would gain access to the facility. Brown explained a fIfe access box would be required at the gate. They would also require a key or code to allow access to the storage areas. Commissioner Champa was in agreement with the drainage to the southeast comer of the wetland. Commissioner Borkon inquired whether the developer would be required to maintain and upkeep their own NURP pond. Nielsen explained that in many cases the City obtains an easement and maintains the ponds, Engineer Brown explained this wetland is tributary to this site only and therefore the applicant would be responsible for this maintenance. He stated it is expensive to maintain this system. Approximately once every 25 years sediment would have to be removed . from the pond. Brown noted it is difficult to dispose of the sediment. With respect to the storm sewer system which services this NURP pond, he did not feel the taxpayers should be subjected to this cost. Brown pointed out the developer will have to obtain a drainage and utility easement for the storm sewer line which crosses from the pond to the driveway. Mr. Jones felt the recommendations could be addressed. Commissioner Champa was in favor of annual inspections of the NURP pond being required by the Watershed District. Vice Chair Turgeon inquired if approval is granted, when it is anticipated construction will begin. Mr. Jones stated construction would commence in spring consisting of a six or seven month construction phase. Vice Chair Turgeon commented three letters have been received in opposition to the proposal. Letters were received from Joel Katz, 5401 Ashcroft, James Sullivan, 5409 Ashcroft, and Mark _ Jones, Highland Management Group. _ Kolstad moved, Borkon seconded approving a Conditional Use Permit for Self- Storage Facility and Zoning Ordinance Text Amendment to allow for off-site caretaker subject to Planning Commission review and approval of the proposed amendment to allow this to occur; that in either the text amendment or as a part of the CUP that a security plan be presented and approved as an alternative to a caretaker; that the MNDOT fence on the southeast corner of the property be extended around the NURP pond on top of the berm to be attached to the building; that the blue stripe be eliminated from the south and east sides of the building; that the applicant be responsible for the perpetual maintenance of the NURP pond and storm sewer system; that the lighting plan comply with the lighting requirement in the code; that the staff recommendations are amended to reflect the Purgatory Watershed rather than the Minnehaha Creek Watershed; that the plan will be subject to the approval of the City Engineer and the Purgatory Creek Watershed; that the landscape plan be reviewed and approved by the Planning Commission; that the drainage and utility easements be obtained; that the southeast gate is relocated to a more appropriate location to accommodate snow storage; that an alternative site plan be provided showing caretaker quarters in the event the property is sold; that the Planning Commission recommend to the Watershed tJtat in their approval and requirements they require an annual PLANNING COMMISSION MINUTES NOVEMBER 4, 1997 - PAGE 7 inspection of the NURP pond; that a roof drainage plan be submitted and subject to any additional recommendations in the October 29, 1997, staff report. The developer is encouraged to work with the residents on the color issue. Motion passed 6/0. 4. PUBLIC HEARING - PRELIMINARY PLAT - MARY LAKE ADDITION (Tabled at the October 7, 1997 Planning Commission Meeting) Applicant: Judith Gleason, representing O'Dell Tinnesand 5910 Minnetonka Drive Location: Planning Director Nielsen recommended consideration of this item be tabled to the December 2, 1997, meeting of the Planning Commission to allow the applicant a sufficient opportunity to provide additional information relative to stormwater run off calculations. He suggested a deadline of November 14, 1997, for submission of the stormwater calculations. . Roger Lepke, 5915 Minnetonka Drive, noted a new family has moved into the residence and asked if a home can be turned into rental property without any kind of approval by the City. Nielsen stated single family residences can be rented without City approval. Lizee moved, Borkon seconded tabling consideration of the preliminary plat - Mary Lake Addition for Judith Gleason, representing O'Dell Tinnesand, 5910 Minnetonka Drive, to the December 2, 1997, meeting of the Planning Commission with submissions of the stormwater calculations by November 14, 1997. Motion passed 5/0. 5. MA TTERS FROM THE FLOOR - None 6. REPORTS . Commissioner Kolstad reported the City of Excelsior discussed, at their Council meeting, the traffic on Second and Third A venues off of Mill Avenue. She stated it has been recommended that a block be established on Third Avenue at Division Street. Commissioner Kolstad noted the Christmas Lane cul-de-sac was also discussed and it was suggested it be reopened to Mill Street. She suggested Shorewood work with Excelsior and MNDOT on this matter given the impact it will have on both communities. * * * Commissioner Kolstad commented on a memorandum which was distributed to the Commission relative to her concern regarding text amendments. She suggested proposed text amendments be noticed in the paper as well as on a broader basis to allow anyone being impacted an opportunity to raise their concerns. This will also bring the Commission's attention to situations which may otherwise not have been raised or considered. Borkon suggested an article be included in the newsletter describing a text amendment, its importance and the impact it may have on a resident. Development Monitoring Nielsen reported Marsh Pointe is proceeding well. Commissioner Lizee requested a stop sign be placed in front of the model home. Brown will have the sign posted. PLANNING COMMISSION MINUTES NOVEMBER 4, 1997 - PAGE 8 Watten Ponds has submitted building plans for approval, however this is proceeding slowly. Wetland restoration is scheduled for this winter and the Watershed District is holding a Letter of Credit relative to this issue. Landscaping and tree replacement is anticipated in the spring. Approximately half of the landscaping of Smithtown Meadows has been completed. Nielsen reported a portion of the Letter of Credit will be retained to assure the completion of the landscaping. 7. ADJOURNMENT Champa moved, Foust seconded adjourning the meeting at 10:55 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . ~ CITY OF SHOREWOOD 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: DATE: RE: FILENO.: Planning Commission, Mayor and City Council Brad Nielsen 30 October 1997 Agnew, James - C.U.P. for Accessory Space in Excess of 1200 Square Feet 405 (97.30) BACKGROUND . James Agnew is the owner of the property located at 6065 Eureka Road (see Site Location map - Exhibit A, attached). Mr. Agnew lost his detached garage to a fIre earlier this year, and his plans to rebuild anew, larger garage necessitate a conditional use permit since the garage and an existing greenhouse on the property will exceed 1200 square feet in area. Mr. Agnew 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-IA, Single-Family Residential and contains approximately 131,917 square feet in area (3+ acres). As shown on Exhibit B the existing home, greenhouse and proposed garage are situated on the north half of the subject property. The new garage contains 1040 square feet of area (see Exhibits C and D). The existing greenhouse contains 960 square feet, of which the small 60-square foot area attaching the greenhouse and garage will be removed. The existing home contains 2348 square feet of floor area between two stories above grade. It should be noted that Mr. Agnew has received a building permit to begin construction on a replacement garage. The concrete slab has been oversized in anticipation of receiving a conditional use permit. If for any reason the applicant does not receive a C.U.P. the slab simply becomes part of the applicant's driveway system, and his garage will be built within the confines of his previous site plan, prior to the fIre. The applicant felt it was worth risking an early start to avoid winter construction, particularly for the concrete work. 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 Residential Community on Lake Minnetonka's South Shore ~A . . Memorandum Re: Agnew C. U.P. 30 October 1997 page two a. The total area of accessory buildings (1940 square feet) does not exceed the floor area (2348 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-1A zoning district (.10 x 40,000 = 4000 square feet). c. The existing house, greenhouse and garage comply with R-1A setback requirements. d. The proposed garage construction (see Exhibit D) is considered to be architecturally compatible with the existing house. 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 Agnew . " . TO CC~UIpr Iq ~ I ~ ~o I 4 MANN_ ----- DOC NO ~16ellZ&"""" I I . I I 131 I'.... :...... 131. 15"~"~_, : · - t ~. ~ . : .- : - - : I I I : : (Za);:: : ---iir----: (Z71~: : r '_ t . I I I I I . I I I (5):: ".In '7 LOT 1& : I , I I I . : : -------~------ltoTs------- c: --.;~---ilE-ti5ff ... & 15 IEN\E!lS au ------ " \ ~. (8) fJI}@ . I I \ oJoJl 8 IZ ________ ~--------------- 2 (29) ;.. 1.- - 'I , . I I I 1 I , I , , , ~ ____ i NORTH ;:~:.~ 00' I - -1 n = 2 : ---------~:;-ff- $::.. i 10 ~t:OS (Zt) ( 6) '" .; r;..r!' f!'1 ~-~ (1) ~r./( ~"-..:.......J n nlfj) '.,A. (y)lY/ ...... 70 '. ;.. ( 10) ~UJJ~!J 'ZZ' Z 'lltltE ~ ~----_% nZi$tll -------------------------- :: - '3 ( 20) /.... : I , I V'l I ~ ..,l.~ C>k-: -- .'.' - ------ ...: ... -- , . l7i>~.5~ __ _ __ '-- .:. ~ - 71 8' ,.; ,,,' . . ('3) - \... l~e.~5 - (36) '" .... t.. ~~~~' ;:................. " ~t ~ 75 I - ~... ~ (Z ~:___-------+- e ------------- 1Z ~ ( 2~ 152. :-- -.; . '" ! J ... '" 8 .. ... N I " ~~ ~\~ I ~(?~~Z. tlr'~ (22) 1. ( 2) "ART OF LOT 2lS 4 ~ {11) ~ Z,J .iA):i e. ,~S) _------l!~-----~~ ~,,~': ~4~, \.: _. . c<'\\' ~ ~ I r . ~ 10 \' (7) ( 16) ..13"03' O'ZO-:lO' ct Is, :l6Z. 1 u'ZOO Lc-3ZZ - ", -... .,,- - ~ - - t~ '.. _ -~,Q7Cil-otO' .- ( J 0) _ _ - - - 2' Rcb I __,I - ~y CF c'-"OR~'NQOD Exhibit A N. SITE LOCA TI.~ 1 T T e Permlf CondltlOna. L S Agnew - ~ " r . ! ~ ~ ,r;pr~---~~~--- I .~\ "::;. "'-..-1,""/ - (\Jt\ f ~.~ ("l':\ -'1:" '---- _+,t\\\O\. .J-..... ~ _.", . ~ ~': ~_y tg,--___---L ~ ~ '" >S I '\. "" \",,}1 't, :':/ ' .,,' !! I \ '-..:J ~,\ -- .--1 \ L-.-+:r " I I'~ ~. ------ \, ~" \) ( '0 \j > i i :2 \, · l/\. ,J \ c: . 0, l >....:: 1ft 11\ \ "':t- ~. ~ I~'t \ ~~ \ '--, I~'t '-J J; 1\'3'~ ~ ~ --- \ "" ',' 0' ---__- " " " L\ .J. ~ - {\ I. ~'\ u\' ,/ '0 ", -- . " ~I r \ ,/ .(I ". 'J L I {~ ......... ~ \ . ~ \' / ) ~ G~ - ~}---.--.{ '. ) j !-t-Il ' - --- o (~-......-, -rv~" --- ...... . \ I" ~ . ~ \-..( ~ -- I , I ~ f' 'S 0 i '. --~--~+-;-- ___ ~I~ <\ ) 'j '.\ ,i ..__...... ~, ~~ ~ i Ii ) , ?~1 ~ ~ i, (j, '" 1:(') ! .It ~ ,~~ "'"~ i ,J:~ _, -~ .,~ i ;, /'~ c" ? fi ~ ~.,.../ f\", \~ l~ " \~\\ I' f ( t\\ \ .m. \ I i" 'I ;1!, .)~ ,.,ji " \\) !\ ~ ~.n j , .f' . I ,t I ' I I'll ~ ,1,1 \ I . ..t:rll\,~..~.,).:J! ;1' ~\~) 71>' '~~ i \.........Cr~~3.31 ~ .~""./' ~';'I'-"::"':'" .)~',,_, ---- . . -- ,,: t ~ - T_= . ~~jL-c- ~~ ~~q__..~__~, --- ___"J __......... CPt! ............."__ _ ~. __- __0 - ~ _1..~ ag - '" 'I) Exhibit B SITE PLAN . Dashed lines show proposed. . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO JAMES AGNEW WHEREAS, James Agnew (Applicant) is the owner of real property located at 6065 Eureka Road, in the City of Shorewood, County of Hennepin, legally described as: "Lot 4, Block 1, Hendrickson Acres, Hennepin County"; and WHEREAS, the Shorewood City Code requires a Conditional Use Pennit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant has applied to the City for a Conditional Use Pennit for the construction of a detached garage which, when combined with an existing greenhouse on the property, will bring the total amount of accessory space on the property to approximately 1940 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 October 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 4 November 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 24 November 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 area of accessory space (1940 square feet) does not exceed the floor area above grade of the principal structure (2348 square feet). 2. That the Applicant's lot contains approximately 131,917 square feet of area (3+ acres), and that the total area of accessory space on the property does not exceed 10% of the minimum lot area for the R-lA Zoning District in which it is located (4,000 square feet). 3 . That design and materials of the garage are compatible with the architectural character of the existing home. ~ ' A., . . .~ 4. That the proposed garage complies with all setback requirements for the R-lA District. CONCLUSION 1. That the application of James Agnew 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 24th day of November, 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm City Administrator/Clerk - 2 - MEMORANDUM . TO: FROM: DA TE: RE: FILE NO.: BACKGROUND 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 Planning Commission, Mayor and City Council Brad Nielsen 29 October 1997 Minnesota Mini-Storage -Conditional Use Permit and Zoning Text Amendment 405 (97.32) Two S Properties, Inc., owner of the Minnesota Mini-Storage facility at 19545 State Highway 7, proposes to build a second facility approximately 600 feet to the west at 19395 State Highway 7 (see Site Location map - Exhibit A, attached). The property consists of two parcels of land located between the Vine Hill/Highway 7 intersection and Vine Hill Road. To accomplish this they have applied for a conditional use permit and a zoning text amendment. The proposed text amendment would allow them to utilize the existing resident caretaker at their present site to manage and maintain the proposed facility. The easterly parcel is currently occupied by and existing single-family dwelling and a small garage located near the street at 5170 Vine Hill Road. The applicant proposes to demolish the existing house and garage and combine the two parcels. The westerly parcel is vacant. Together the parcels total approximately 2.5 acres. The land is characterized by a significant hill on the north half of the property, dropping 32 feet to a small wetland area in the southeast comer of the site. . Land use and zoning surrounding the site are as follows: North: East: South: West: offices and coffee shop; zoned C-3 Vine Hill Road, then single-family homes (in Minnetonka); zoned residential single-family homes (three in Shorewood); zoned R-IC Vine HilI/Highway 7 intersection, then park n' ride lot, then commercial; zoned C-3 A Residential Community on Lake Minnetonka's South Shore (,8 Memorandum Re: Minnesota Mini-Storage c.u.P. and Zoning Text Amendment 29 October 1997 The applicant proposes one two-story storage building in the center of the site, surrounded by five, smaller single-story buildings (see Exhibit B). In total the buildings contain 53,050 square feet of inside storage area. The facility will be accessed by a single driveway on the west side of the site. The buildings have been arranged so as to avoid the wetland in the southeast comer of the site. The applicant proposes to construct a stormwater retention and treatment pond in the southwest comer of the property. In addition to the site plan the applicant has provided the following exhibits: C and D E F G H I Proposed Building Elevations Grading, Drainage and Erosion Control Proposed Utilities (primarily storm sewer) Tree Preservation Proposed Landscaping Applicant's Request Letter . ISSUES AND ANALYSIS Self-storage facilities are allowed by conditional use permit in the C-3, General Commercial District. In addition to the building setback requirements of the C-3 District, special conditions for this type of use are found in Section 1201.20 Subd. 4.c. of the Shorewood Zoning Code. Following is how the applicant's proposed plans comply with the Code: A. Building Setbacks. Front: Rear: Side: Side abutting street: From "R" district boundary: B. Conditional Use Permit. . Required 30 feet 30 feet 15 feet 30 feet 50 feet Proposed 30 feet 30 feet 15 feet N/A. 50 feet 1. As may be expected with a commercial development, the project necessitates the removal of many of the existing trees on the site (see Exhibit G). Although the trees within the 50-foot buffer area are preserved for about half the length of the property, trees on the west half of the buffer area are proposed to be removed to accommodate the required ponding for the project. Within the westerly half of the buffer area the applicant proposes to construct a large landscape berm (see Exhibit E). This berm is as much as eight feet higher than existing grade at the east end of the pond, and is approximately 13 feet higher than the back yard of the abutting residential property to the south. Based upon the maximum tree replacement required under Shorewood's tree preservation policy, the applicant must replace 21 trees. His landscape plan (Exhibit H) provides for 21 deciduous trees plus 36 evergreens, in addition to shrubs and ornamental trees. Despite providing more trees than required the southwest comer of the site can use additional screening and landscaping. In this area the above-mentioned berm diminishes to meet existing grades. It is recommended that the existing vegetation which will be removed in that area be replaced with a six-foot fence and additional evergreen trees. The fence should be a continuation of the fence installed to the 2 Memorandum Re: Minnesota Mini-Storage C.D.P. and Zoning Text Amendment 29 October 1997 . west by the Department of Transportation, and should extend along the south boundary of the property to a point where the berm is at least six feet high. Additional evergreens should be provided along that southerly property line. 2. The entire facility is contained within a complete enclosure. Similar to the existing facility to the west, the single-story, perimeter buildings form most of this enclosure. Gaps between buildings are filled with security fencing. 3 . Access to the site is controlled by a security gate. 4. The applicant understands the limitations on hours of operation (7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 12:00 midnight on Friday and Saturday). It may be worth noting that we have had no complaints from residents about hours of operation for the applicant's existing facility. Although a lighting plan has yet to be submitted by the applicant, minimal security lighting similar to the existing facility will be installed. Again, we have had no residential complaints regarding lighting for the existing facility. Lighting will be considerably less than that required for many of the uses allowed within the C-3 zoning district. 5. . 6. Proposed building heights are generally consistent with requirements of the C-3 district, which allows up to three stories or 40 feet in height. The larger center building (A) is two stories and approximately 31 feet high. The special conditions for this conditional use permit require buildings within 50 feet of the property lines to be limited to one story and 15 feet. Due to topography on the site Building E along Vine Hill Road is as high as 21 feet on its south end (see Exhibits C and D). This has been brought to the attention of the applicant's architect, and the issue appears resolvable by some combination of grading and retaining walls. Final plans should maintain a maximum height of 15 feet for the perimeter buildings. As with the existing storage facility, all storage will be indoors. No outdoor storage is being proposed. 7. Similar to the approval for the existing facility, conditions will be recorded to guarantee that buildings will be used for self-storage only. The applicant has requested a zoning text amendment that would allow the resident caretaker at their existing facility down the street to manage and maintain this facility. New customers would be directed to the existing office and after that access the new facility by means of a security card. The proposed amendment will be discussed in more detail further on in this report. 9 . Areas not covered by buildings and pavement are proposed to ~ sodded and seeded. Drainage from the hardcover areas is proposed to be conducted via a storm sewer system to the proposed ponding area (see Exhibits E and F). The design and adequacy of the proposed pond will be addressed by the City Engineer under separate cover. The drainage plan will also be subject to the review and approval of the Minnehaha Creek Watershed District. Erosion control during construction is also subject to the City Engineer's and Watershed District's recommendations. 8. 3 Memorandum Re: Minnesota Mini-Storage C.U.P. and Zoning Text Amendment 29 October 1997 The applicant proposes to construct snow gates at various locations around the perimeter of the site. It appears that some of the pavement on the north end of the site could be reduced or used for additional snow storage. 10. Although not delineated on the applicant's site plan, there is more than adequate room for six cars to park along the north end of Building A. As a practical matter, customers of the facility park in front of their own storage units. First-time customers would go to the existing caretaker:.s office, at which parking already has been provided. . 11. All loading areas are located within the interior of the facility, eliminating the potential that anyone would have to back into the facility from the street. It should also be noted that storage within Building A is accessed from an enclosed interior vehicular corridor. . If the C.U.P. and text amendment are approved, the applicant will be required to provide a letter of credit-or cash escrow to guarantee that all required site improvements (primarily site work, tree replacement and landscaping) will be completed within a specified period of time. 13. The project appears to be consistent with the general requirements for conditional use permits found in Section 1201.04 Subd. 1.d.(I). It has been our experience that this type of facility can provide a very desirable transition between commercial and residential uses. Not long after the existing facility was completed the City actually received compliments from adjoining neighbors, indicating that the facility actually served as a sound barrier for Highway 7. 12. . C. From a traffic standpoint few commercial activities generate as little traffic as the self-storage facility. The traffic counts provided by the applicant are similar to what two single-family homes might generate. From a utility perspective, demand on the sewer and water systems of the City will be minimal, water usage being limited to irrigation of landscaped areas. Proposed Text Amendment. When the existing facility was approved, a very important element to both the applicant at the time and the City was the provision for a resident caretaker. Constant on-site supervision of the facility enhances the upkeep, maintenance and security of the property, which suggests why there have been so few complaints about the existing facility. The applicant has requested that the City approve a zoning text amendment which would allow the existing caretaker residence to serve the new facility, rather than duplicate the residence on the new site. He cites proximity and common ownership of the two properties as justification for the change (see Exhibit I). While this appears to make practical sense, some question is raised relative to permanency. This issue can be resolved by imposing restrictions within the conditional use permit and in protective covenants stating that the two properties will remain under the same ownership and management. At such time as any change such ownership or management might be proposed, the applicant would have to remodel his site plan to include a separate caretaker residence on the new site. If agreeable to the Planning Commission and City Council, staff will prepare a formal text amendment for further consideration. 4 Memorandum Re: Minnesota Mini-Storage c.u.P. and Zoning TextAmendment 29 October 1997 D. Wetland Protection. The applicant has revised his original plans to completely avoid the existing wetland and its required buffer area. Since portions of the proposed retaining wall which will be built to the north of the wetland are quite tall, consideration should be given to adding some landscaping to soften the mass of the wall as viewed over the wetland. The applicant's plan suggests that erosion control fencing will also serve as tree protection. This will only be allowed if the erosion control includes orange mesh fencing, four feet in height, in addition to the erosion control fabric. RECOMMENDATION The design and low impact of the existing Minnesota Mini-Storage has been a complete success from a planning and land use perspective. While any use of this commercially zoned property will present a fairly drastic change from what exists today, the new. facility offers a good solution to the potential land use problem presented by the subject property. It is recommended that the conditional use permit and text amendment be approved subject to the following conditions: 1 . Additional landscaping and screening should be provided south of the proposed drainage pond. The existing MNDOT fence near the Vine Hill Road/Highway 7 intersection should be extended along the south boundary line for at least 100 feet. Additional evergreen trees should be located along the south side of the pond. The applicant must submit a lighting plan similar to what exists at the existing facility. Through building design and/or site grading, buildings within 50 feet of any property line shall be limited to 15 feet in height, as defined by Shorewood's Zoning Code. No outdoor storage shall be permitted. Provisions shall be adopted (recorded resolution and restrictive covenants) guaranteeing common ownership and management of the existing and proposed facilities. Any change in such ownership shall require construction of a new resident caretaker facility at the subject property. Grading, drainage and erosion control shall be subject to the recommendations of the City Engineer and the Minnehaha Creek Watershed District. Consider minor reduction in paved surface area at north end of site (between Buildings B and F) in favor of snow storage area. Detailed estimates or bids relative to all required site work must be provided by the applicant prior to applying for a building permit. From the estimates or bids, a letter of credit or cash escrow in the amount of 150 percent of the bids shall be required to guarantee completion of the required improvements. . 2. 3. 4. 5. . 6. 7. 8. cc: Jim Hurm Larry Brown John Dean T odd Jones 5 /' 2)' ( 6) I~~c 25 0 ( 2 I ) ~:.- I .' -' IS!:! ........' I~ ~i- I IS!:! -.--...., - 0" I "" ---. 175...-.... I I 8i -I I ( 1) ~ N89'I7'11'E ~ o Vl 3 72) ~ ~ '" ~ ~ NORTH " -t~. 1 1 :;~ (4) ( 5) 325 ( 57) ;4, c: ?:5 ~ Q~ cr., ~- \ 50~ Exhibit A SITE LOCATION ,_. (, Minnesota Mini-Stor~ge C. L .P. an~ '7 'n"Y T~"""T Arperdnle:1_ Lonl .':... ." '.UH . u" . "', 3G I ,~l i i !' i i.!l 5 ~~~ r-j [ I i --~ q .--.. ~'lli IIIII1II1 i I i'l Q I , , ! '-LUe'C::l '-' ~ I I. II I lj, 8 r.1 1= I :,-! i I i!~ . !,: r i; ." .f"l 0 ~ "'I pi ~~~ ~~~ "' '< :: >- ,~-- 0 ~ it;i ! 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I i 38 l. ,. , I I ~ :; " " !I I ! i \~ < i = =, ! i ~ . . . to ! 0,,- zen \ ~8. \ ~g: ~ \ 1I \ I d =1 ~ I' 'I ~ ,I I' 'I Ii Ii II L . i i , , t\ ~\ t . 51 BlDG'=B----- - -----aLOOC-.---- -11- \\\('-~:-~---- --~-t.-=:?~-~---.~ j ....._MIIIIlII~ , "-\.~~._~ ___...._.__.___.____._____..L_________________, \ I .. , ~ I \\. i .. , ~~ I ~ ~ ~\\. ~ t ~ ~... , , , , t''';::'' -~ Exhibit B PROPOSED SITE PLAS -t.:~~~~~~--~,~.~... .' --- ,.' " r -r~ii.!l 5 ~~~J i- t ; t 1"='~::9 ~u II II: Iii.. I i Lu -LU U fQ e '1" I':i~i! I ~ I , Iii I' 0 ..- R!"' i J~U!;. I ~ . t:fJ 1i.11 I ;"'io II !, t I U If I ' 'S"I' ! I Ii O:::! I [!lId; i Ii <-.. . . . i ~ ~ eo ! ! il I .. L !I, II' " ill III! ~ L i i j I i i i i I i i i i i i i I i I., i i i i i i l ~ Iii J l d in, .\~ i! ,nll~::; . I.. . .: I: i i I Ii : Ii: . ----.. l:: ~ Exhibit C PROPOSED BUILDING ELEV A TIONS- NORTH AND SOUTH ~:: -.. ~ -~-.!3 s::: ~ C'IJ ~ 0'- I-"--~ n- ~ . ~,~;-~., ::l.a) ~t) ! I I II i I I j. "1111 ~. .-' d-.-e~u ,E --. t:z:l ro.1 I ~l'~i" . i l' . ~l 'I , , '" ..... 0 e- .If. 'J Ion j I . ~ I ' , I ~. -...'- '. ~. e"; '01:3== il~;1 i.l!::~i 'I ! ~~ I' IIII 1.1:.;,1'11 ~~- _~_"e C'IJ U u~ ,it" ~ I,d I ~ I' ',:, I ~--O..-l.-~ o~ ~ g I ! !dli! II I ~ 5 i I ~ ! 1.1' , I .' " -< I ," '. ~# I 1 II II I ,Ii, -. . ---.-- . .-.. -- -.. - - rj . iT" 1"1 -- I Cl i~1 1I111I I ' ~ " ! I , ii ,.1 < = I I .. r" · " OF;:i Ii .1. J 0.1 _~ L &.i .. t . . . if-- !I it- I; 1'-0 '''I~'''' i..:....'.'.... .'~ . :!;I I:: ~'1" t: 'j'I' i: :" . :>~".~ ~..". fjjjl hl,;llh. ',I .: .l'!:!i!~t .! :!~I::: ~~. ~i!t r. J I 'IiHlllj.llli' l ~ EID Exhibit D PROPOSED BUILDING ELEVATIONS - E.A.ST AND WEST . . '. . ~' ;, _.- J ~' ~~.' , 1 I. I II! r : ,:' 1 I: :/l'll ; I I: :)~f 0). I I I It i ;\~; 319 ~ . d I' i .e': 1. 'g' ,.'. '" r( fJ . I . If! i - ~ I i; 1 f ~ntIP;q! i. Alai, .u.p 111~di!~ fll;9f"' L. U d ! d . . 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I I I I I I I I I I I I I I I I I I -55-. _I _. \c!) 4. .. I (!; I (~ -- ~ , , , , , ~ ,.-;p ~ 77./H 3.NJA \ ,c<i'-- f \ II ' .Y-. ! (!) BlOC E 3900 SF j Q) ,j. ,+ {;) ~ ~ 8 ..: .. (!) Jl Q} . o (!) BLOC B 1625 SF BLOC 0 2250 Sf ~~ Q) C!) ~ . ~) QJ tr.'....... '-(:;J -I <! ~<b ....ii. ~ ~ (~ ~. (!J:" : c! d>~ ~ (fy <:;)dJ . . ~ . ~ (!) {!) . "B ~"). ... :~: \. '\$ \. .~~ , , \ , \ \ ~ ~ ~ Exhibit G TREE PRESERVATION PLAN ~ - ---5.'>- - 1 ------i- i t7yotY . \-. -5.'>- 1 I 1 I I I I I I I I 1 I I I I _I . ~ \ \ \ \ \. ~ "\ ~ ..... \ \ \ \ \ ~ ";t:> ~ ~ \ \ \ \ \ '\ ~ ~ ~ 77!.H 3M llVO~ "!H JMIA I --.-+-- - , ~, ,/ ." t -.. /"'I'~ " . rl I_ I 1_0_'111.,__ r- -~. I (,,\<t,"11' ~, (\1-.( , , \ ...j... . Alj .,. ,'.J I. \ t- :;'_. ' . ,. "\ ,--I'J{ G ( -.. if - Iii;;;'.'.) :c:: ,1 r\i;/" '.:>\ <:\ . . ','. ~ I J .= o ._\" ~ UJ,/ '\' - lU I., en ,II.. ./ -, ,. - ii'\.. ~'Ii ,~/ r ,._../ , I i \~ ~- ; ~ ;( " z; ~ UJ O! o ~ ~ ~- t- en ~ I+~~~, .: I .......'!'Io, / I '.'" I '" I '\, I \ I \, I \ I \ I \ I I I I t i I I I ,------------ 1 I I I I ~...~ ; .~ ~ Exhibit H PROPOSED LANDSCAPING . TwoS PROPERTIES, INC. October 6, 1997 City of Shorewood Attn: Brad Neilson 5755 Country Club Road Shorewood, Minnesota 55331 . RE: Two S Properties, Inc. (Minnesota Mini Storage) Storage Center Application Project Narrative Brad: Please accept our application for a Conditional Use Permit and minor Text Amendment for the above referenced project. We believe this project meets or exceeds the guidelines of the current zoning and addresses comments and suggestions made by you at our previous meetings. . The project site consists of approximately 2.5 acres and is zoned C-3 General Commercial. The property is bordered by single family residential to the south, Highway 7 frontage/access road to the west, Vine Hill Road to the east and office/retail/restaurant to the north. We believe that our proposed storage center, consistent with the actual experience at our existing Shorewood storage center location, will be a very low impact use and will act as an excellent buffer between existing residential uses and the Highway 7 corridor. Exterior materials will be a decorative split face block. Fencing will be a combination of wrought iron, wood and chain link depending on its location. The buildings have been positioned along the perimeter to act as screening to the interior of the project. Drainage has been designed to meet the criteria of the City and the Watershed District. Particular attention has been given to the building design and landscaping on the south side of the project. Maintaining a 50' building setback along the south property line, the building has been positioned to act as a screen wall. Existing trees in the 50' setback area will be preserved, to the extent possible, and many new trees will be planted to enhance the screening. Exhibit I APPLICANT'S REOUEST LETTER Dated 6 October 1997 . . The current City of Shorewood code requires a residential dwelling, occupied by a resident manager, at all self storage locations. We are requesting a Text Amendment, narrow in scope, which would waive this requirement subject to: (1) A residential dwelling which exists as part of an existing self storage operation that is located within 600' of an approved self storage development, and (2) Ownership of both self storage parcels be the same. The above represents only our suggestions on how to handle the Text Amendment, as you requested. Traffic generated by the proposed project will be yw low. A traffic study conducted at our existing Minnesota Mini Storage Shorewood location in February of 1997 indicated on average 15.14 trips per day and a more recent September 1997 traffic study indicated on average 19.93 trips per day. We believe that Minnesota Mini Storage has a proven track record of being a good neighbor. We maintain our properties well, they result in a very low impact use which does not generate significant noise or traffic, and should be an excellent buffer between residential and the Highway 7 corridor. Yours truly, q AJ~~ Todd C. Jone-s General Manager t . . 5290 villa way I edina mn 55436 6129251020 fax 920 2097 ~ 'f-' ~ " highland management group, inc. October 31, 1997 Mr. Brad Nielsen, Planning Director City of Shorewood 5755 County Club Road Shorewood, MN 55331 Re: Two S. Properties (Minnesota Mini Storage) 5170 Vine Hill Road and 19395 Highway 7 Dear Brad: li~~~~ W. fE.R/r"\) ImJ NOV 31997 I I~y We are writing this letter on behalf of the owners of Hunters Ridge Apartments AND the developer of Ashcroft of Minnetonka Townhomes, Chimo Development Corporation, regarding the self storage facility proposed by Two S. Properties. We feel this location is inappropriate for such use. While the northern portion of the property is connected to commercial development, south and east of the property is single family. Building a storage facility here does not create buffering between single family and commercial in a way that would enhance the single family homes. Nor, will it enhance marketability of the apartments at Hunters Ridge or the saleability of the townhomes at Ashcroft which average well over $300,000. We are requesting that you deny the request for conditional use permit to construct the self storage facility. Thank you. t MN/DOT TRAFFIC MGT CTR Fax:612-341-7239 Nov 3 '97 10:45 P.Ol JOEL S. I<A TZ S40 1 ASHCROFT PLACE MINNF.TONKJ\, MINNeSOTA 55345-4010 612470-6136 November 3, 1997 Mr. Brad Nielsen, Planning Director City of Shorewood Planning Department 5755 Country Club Road Shorewood, MiMesota 55331 . Re: Two S. Properties, Inc. (Minnesota Mini-Storage) Conditional Use Permit 5170 Vine Hill Road and 19395 Highway 7 Public Hearing, November 4, 1997 Dear Mr. Nielsen: I am writing to express my concern about the proposed development at the subject location. While I certainly believe that property owners must be allowed to realize some economic benefit from their property, I also strongly believe in the need to assure that the highest and most appropriate uses are considered and that any detrimental impacts to the immediate surrounding area and the community at large are minimized. While it might be argued that a storage facility may have less of an impact on the area than the previously proposed gas station, it is not, in my opinion, compatible with the residential character of the neighborhood. Furthermore, it would remove an ex.isting home on the property and directly expose residences on Vine Hill to commercial activity. I also have doubts that a storage facility can be architecturally enhanced much beyond the level of an "eyesore" - not to mention being in harmony with natural surroundings. . As a nearby resident, I am concerned about the encroachment of commercial activity or other undesirable intrusions. Since the entire surrounding area is nearly 100% developed, it would seem to me that maintaining the serenity and quality of life in the vicinity must be the paramount factor in any decisions regarding a change in existing land use. Therefore, 1 am urging that the requested conditional use permit be denied. I am also suggesting that the city consider a change in toning for the frontage on Vine Hill Road - or, perhaps, for the entire property - so that we need no longer to be leery of future incompatible use proposals. 1 would appreciate your including this letter in the record of the public he<U'ing. Sincerely, ~~E . . 11/03/1997 16:03 6124749549 JAMES SULLIVAN James W. Sullivan 5409 Ashcroft Place - Minnetonl!;" MN. 66U5 Telenhone 61J& 414-9538 - FAX 612 474-9549 November 3, 1997 Brad Nelson and Patti Helgesen City of Shorewood clo Planning Dept. 5755 Country Club Rd. Shorewood, MN 55331 SENT BY FAX TO 474-0128 Dear Bl'ad and Patti: Sharon and I are unable to attend the Public Hearing regarding the conditional use permit to allow the construction of a self storage facility at 5170 Vine Hill Road and 19395 Hwy 7. We are writting this to you at this time to register our opposition to this proposaL We respectfully request that you deny the proposed development by Minnesota Mini-Storage. This site should be developed as residential not commercial. The residential neighborhood ofVme Hill needs to retain a buffer from the commercial development of Hwy 7. Thank you fOr seeing to it that our request is considered. Sincerely, tv.~ ~xI~ Sharon S. Sullivan PAGE 01 CITY OF SHOREWOOD 5755 COUNTRY CLUB,ROAD. SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128 . www.state.netlshorewood . cityhall@shorewood.state.net MEMORANDUM . TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 28 May 1997 RE: Bayside Financial Corp. - C.U.P. for Drive-in Teller Facility FILE NO.: 405 (97.15) BACKGROUND . In 1983 the building at 23780 State Highway 7 (see Site Location map - Exhibit A, attached) was built as a bank with a drive-in teller facility. After a number of years in use as a bank the building was sold and has been used until now as an office building. Bayside Financial Corporation now proposes to use the building as a bank once again. In order to do so, officers of the corporation have applied for a conditional use permit to re-open the drive-in teller facility. The property in question is zoned C-3, General Commercial and contains 10,042 square feet of area (see Exhibit B). The site is bounded on the north, west and east sides by vacant land, also zoned C-3. The Highway 7 service road forms the southerly boundary of the site. The existing building contains approximately 1679 square feet of area. A 28' x 40' canopy is attached to the west side of the building. Part of the parking for the site and most of its easterly driveway are located on easements previously acquired from owner of the land surrounding the site. A Residential Community on Lake Minnetonka's South Shore ~Q... Memo re: Bayside C.D.P. 29 May 1997 Page two ISSUES AND ANALYSIS . Section 1201.21 Subd. 4.a. sets forth the conditions under which a drive-in facility may be considered. Preliminary review of the application suggested that the Bayside request would pose little problem. Despite some nonconformity with existing zoning requirements, the building was built as a bank and converting it back to a bank appeared to make sense. It has been discovered, however, that the easement on which the easterly driveway and four of the five parking spaces on the east side of the building are located expired when the original bank was discontinued. The applicants have been unsuccessful in purchasing the adjoining land or even re-acquiring the easements. As a consequence the site becomes drastically short of parking. Eight spaces are required for the building. Five or more of the existing spaces become unusable without the easements. While some parking can be obtained under the existing canopy, it is somewhat awkward and does not allow adequate circulation for a drive-in teller facility. . The applicant has attempted to overcome this problem through redesign of the access and parking (see Exhibit C). The easterly driveway has been shifted approximately 17 feet to the west and narrowed to 20 feet. Three parking spaces have been provided on the southerly easement to the east of the site. Two perpendicular spaces have been provided in the northwest comer of the site, and three, 3D-degree angle spaces have been provided on the west side of the site. The drive-in facility has been limited to one lane. Needless to say, the circulation pattern for the site will be one-way. While nonconformities existing on the site (e.g. lack of parking setbacks and inadequate frontage for two driveways) could be considered "grandfathered in", the Zoning Code requires that these deficiencies be brought into compliance with current requirements once changes are proposed. Although the applicant has come up with the required number of spaces, half of them do not comply with the minimum five-foot setback requirement. This leaves virtually no room for snow storage. In addition to inadequate setbacks for parking, the site does not have adequate frontage for two driveways. The driveway going around the back of the building narrows to less than ten feet, without any setback from the property line. It should be noted that since the easement problem arose after the initial application was made, the public hearing notice for this request does not include mention of variances. . . Memo re: Bayside C.D.P. 29 May 1997 Page three RECOMMENDATION The subject property is already overflowing based on current zoning requirements and its existing office use. Loss of the easement on which the parking and driveway are located only compounds the existing nonconformities on the site. In view of these circumstances, intensifying the use of the property by reactivating the drive-in facility can not be recommended. If, however, the Planning Commission or City Council feels that this request should be further considered, it is recommended that a new notice be published, announcing the proposed variances. The applicant should also demonstrate that the southerly easement on which parking spaces 6-8 are located are under its long term (i.e. 20 years) control. cc: Jim Hurm Larry Brown John Dean David J. Coauette ----------------- --~ .,. j~ .0' ... ." . :-';i' '. 191 "'0' ~: "'. ;&;. T4 ..s hDt" .e '~" 5ho;r~.~j c.c.A+-e.r - - -..... ~ 13 ' AJ(f CF NORTH ( 19) LOT ~ ..- 1" ;;;;,J 21 (4) 1 ( 19) !2.S ~ 5 (9) . 1 (44 ) ... ~ ('36) ~ C35} ~J}DN z ( 45) A' ~'<4- .~o. I,.. : .... Js . II (17) 2 1 ~ (27) ~ ZOof (:3) ( 2) ~ 8 r:;- 171 .... ~ ... 51 15'. zs ( I) .... (2) ;; 91 360. 7 ~ in Co> <:> C> 17'3 ~'\-" 16. 4 I : ./ 13 (9) to. .,.; '" ....,., '1; ;: I . (3 J) 'lY ., 51 AUD ~ . .... r~ , I I , . I . , I :( 4) , I .. : Si . . , I . .. Exhibit A SITE LOCATI<?N _ UP. Bayside FinancIal Corp. C. . MAYOR Tom Dahlberg \ CITY OF SHOREWOOD COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel MEMO TO: FROM: DAlE: RE: 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331-8927 (612) 474-3236 FAX (612) 47 4-0{28www.state.netlshorewood cityhall@shorewood.state.net November 20,1997 Agenda Item 7, Request to Waive Delinquent Utility Charges . Mr. John Conlin, a new resident at 4530 Enchanted Drive, has written a letter requesting that delinquent utility charges which had accumulated on his property prior to his purchase of the home be forgiven. These charges are for sanitary sewer and stormwater utility fees. These situations arise occasionally despite the best efforts of the city staff. I would like to review the policies and procedures followed by the staff in handling such matters. . Because these charges are made against the property rather than to an individual, Jl1e charges, if left unpaid, become a lien against the property, similar to a special assessment. It has been city policy to assess any delinquent utility charges once a year to the affected properties. Staff has encouraged sellers and buyers of property, as well as realtors, title companies and closing companies to obtain and include this information prior to closing the sale on a property. Staff has suggested to realtors, title companies and closing companies that an escrow for these outstanding charges be established at closing. . However, this is not something that we can enforce. . When staff is made aware of the sale of a property before the sale takes place (usuiilly through a request for a special assessment search or through a phone call by ~ party to the sale) any outstanding utility charges, whether current or delinquent, are communicated to the requester. When staff become aware of a sale after the closing has taken place (usually when the new owner calls or flies for homestead) any outstanding utility account balances are fIrst billed to the previous owner, who llSUally pays them. Because this charge is made against the property ,and therefore is a lien on the property, if the previous owner does not pay the fmal billing after several attempts to collect the amount, the amount is billed to the new owner. Finally, if the charges are not collected, they are assessed to the property along with any other delinquent utility charges in August or September of each year. These are the procedures that have been followed by staff. To date the city has not received payment on the fInal bill for this property. We have encouraged Mr. Conlin to seek recourse for these charges from the previous owner of the property, the title company and his realtor and closers. He has not been successful in his attempts. Staff has made every effort to aid him in his attempts. Because the city only has a land c~aim (lien), our only recourse is to assess the amount to the property for collection with property taxes. The amount has been assessed to the property for collection in. 1998. Mr. Conlin's recourse at A Residential Community on Lake Minnetonka's South Shore 4f..7 . e. ii~~~IPIJ\W~in\-:i . < III/ f~ NO v 1'11997 IU/; I WI IBy I Friday, November 14, 1997 Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Hello Mayor and City Council: I have been notified by the City of Shorewood that I am being billed $353.53 for utilities from the previous owner - Account# 0245-04530-0. I ask that you relieve me of the responsibility to pay this and collect this directly from Bob Wohlfeld. You can reach him or his assistant Jeanette: Legal Associates 33 South 6th Street Mpls., MN 55402 Ph: 341-4000 I cannot understand how I am expected to be responsible to pay for something I did not do. I did not own the house during this time. Bob Wohlfeld owned and lived in 4530 Enchanted Drive during this billing, thus, is 100% responsible. I ask that you take me out of this loop and go directly to Bob Wohlfeld to collect this money. I have been working diligently with Kathy Hebert in your office trying to collect this from Bob Wohlfeld for 2 months without any success. I ask you to please do what is right. Do not penalize upstanding citizens who are happy to pay taxes like me and my family. This is clearly Bob Wohlfelds responsibility. Please make him pay this and remove this from my account. Thanks! Best regards, 4d-CL John Conljp . I? k, \ ,~ ,-/S10 ~+~ ""t.,. ~~~ S-S:st.r>t{ ~6: "7~-)9~/ wMK~ ?7r-1iC>7 ., MAYOR Tom Dahlberg CITY OF SHOREWOOD COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331-8927 (612) 474-3236 FAX (612) 474-0128 www.state.net/shorewood cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council - James Hurm, City Administrator . FROM: Larry Brown, Director of Public Works .J? DATE: November 20, 1997 RE: Consideration of a Motion Authorizing Preliminary Survey for the Badger Well Building Attachment 1 is a proposal from OSM Associates, Inc. for the topographic survey of the Badger well site for the amount of$I,700.- . - Although a request for proposals is being prepared to aid in determining the engineering firm to be used for the design of the well-house, it is imperative to the project that topographic survey be completed prior to the snow depth getting much deeper on the site. Once the snow depths increase beyond 0.5 feet, the amount of time required to obtain survey data increases significantly. Therefore, the proposal provided by OSM Associates is for the topographic and boundary survey of the site. The final data will be provided to the City for our use in both a. reproducible and electronic fu~ ' Staff is therefore recommending approval ofthe proposal with OSM Associates, Inc. for obtaining topographic survey data for the amount of $1,700; A Residential Community on Lake Minnetonka's South Shore 8 . . NDV-20-1997 15:07 & . fs~(/(:illte~ Engineers Architects Planners Surveyors ~ . 1922.1997 P.02 November 20, 1997 Mr. Larry Brown, P .E. Director of Public Works City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: proposal for Engineering Services Badger Fielcl Pumphouse Improvements Dear Lany: We are pleased to have the opportunity to present to the City of Shorewood this proposal for engineering services for the above referenced project. OSM and Associates, Inc. proposes to perfonn a preliminary topographic survey of the proposed Improv9ment site. specifJCalIy the area adjacent to the existing pumphouse from the north border of the city property to the north curb line of the South Shore Senior Center parking lot, west to the east curb of the city hall parking lot and east to the parcel dedicated to the South Shore Senior Center. The preliminary site survey Includes the fl91d survey, production of a 22" X 34" topographic drawing of the existing site conditions and the associated coordinate geometry to tie this site to the city hall parking lot and senior center projects. We estimate the cost associated with this topographic survey to be $1,700. We propose to perform these services at your direction on a time and materials baSiS in accordance with our 1997 fee schedule. The estimated cost for these services would not be exceeded without your direction. We greatly appreciate the opportunity to present this proposal for your consideration. If you find this proposal acceptable, we are available to begin work immediately. If you have any questions or comments regarding this proposal for engineering services, please do not hesitate to call me at 595-5696. Sincerely , ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~~\\ -. . Paul T. Homby, P.E. Project Manager t M.'\II7OQ!LllC).C1Vl1\CQn\1 12097.PSL 380 Park PIIIfl8 East 5775 Wayzata IIaIIIev;InI ....poIIS, _ 55416-122. 612.s95-5775 FAX &12-595-5773 1....753-5'775 Attachment 1 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: Mayor and City Council James Hurm, City Administrator Larry Brown, Director of Public Works ~~y November 20, 1997 V . FROM: DATE: RE: A Motion Approving Preliminary Direction to the Minnesota Department of Transportation Regarding the Intersections of Trunk Highway 7 (TH 7) with Lake Linden Drive, Wood Drive, and Trunk Highway 41 (TH 41) As the City Council is aware, the intersections of Seamans Drive, Pleasant Avenue, Wood Drive, and Lake Linden with TH 7, were closed temporarily by Mn/DOT for study, as part of the TH 7 safety improvements. These closures were completed such that traffic could be monitored at various points of the project to aid in making a decision with regard to these intersections. . Mn/Dot is willing to fund improvements outside of the intersections areas to improve the safety of TH 7. However, to participate in the program, the City must submit a preliminary concept plan to Mn/DOT by December 1, 1997. Public information meetings will be conducted such that determinations with regard to these intersections can be made. However, this will not be in time to reserve a spot in the cooperative funding program with Mn/DOT. Representatives from Mn/DOT have stated that a preliminary plan can be submitted on or before December 1 S\ with amendments to the plan having to occur prior to December 31 st. Since there has been little controversy surrounding the following intersection modifications: Close Lake Linden Drive Close Wood Drive Realign the north leg of the intersection of TH 41 staff is recommending that the preliminary plan be submitted to MnDOT with the above listed intersection modifications. Any intersections that received a positive vote for closure or modification as part of the public information and City Council process would be added as an amendment to the plan after the December 1 st deadline. q A Residential Community on Lake Minnetonka's South Shore . CITY OF SHOREWOOD RESOLUTION NO. 97 - A RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1998 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Program which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, communities that participate in the Livable Communities Act Local Housing Incentives Account Program are eligible for program funding and receive an advantage in competing for many state and federal grant programs; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, Resolution 95-107 established goals for the City of Shore wood for a two-year period through 1997. NOW, THEREFORE BE IT RESOLVED, that the following goals are set for the City of Shorewood through the year 1999: · Review and revise the current Comprehensive Plan and complete its "housing" section, · Explore the concept of sub-regional planning and cooperative efforts to address affordable housing needs in cooperation with other south Lake Minnetonka cities, · Pursue efforts to maintain the current mix of housing, and · Work with the Metropolitan Council in addressing barriers to affordable housing in Shorewood which are direct responsibilities of the Metropolitan Council, most specifically, high metropolitan sewage charges and the lack of metropolitan transit service with no options for providing said services. BE IT FURTHER RESOLVED that the City Council of the City of Shorewood hereby elects to . participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1998. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 24th day of November, 1997. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR #:10 MAYOR Tom Dahlberg CITY OF SHOREWOOD COUNCIL Kristi Stover Jemifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331-8927 (612).474-3236 FAX (612) 474-0128 www.state.netlshorewood cityhaU@shorewood.state.net MEMORANDUM TO: FROM: . DATE: RE: Consideration of a Motion to Adopt a Resolution Approving Plans, Specifications, and Estimates, and Authorizing Advertisement for Bids Project 97-06 Lakeside Watermain Extension On August 25, .1997, the City Council approved a resolution accepting the feasibility study and ordering plans, specifications and estimates for the Lakeside Watermain Extension. As part of the resolves of this resolution, tne petitioners of the project were required to enter into an agreement with the City which outlines how the City will be reimbursed for all of the costs of the improvements. Attachment 1 is that resolution and agreement which has been executed by the petitioners for the project. . At the time of this report, OSM Associates had just completed the plans and Specifications for the project. Attachment 2 is a reduced copy of the plans.. The petitioners have indicated their desire to have the watermain_~~alled this year before the frost depth becomes too deep. In an effort to shorten the project.time span, this item was placed on the City Council agenda tentatively ordering advertisement for bids without having the feedback of the petitioners in hand. Staff will be meeting with the petitioners prior to the City Council meeting to review the plans and to determine the desire of the group whether to proceed with the project this year, or to wait until spring of 1998. Assuming a meeting can be conducted with the petitioners prior to the City Council meeting, the desires of the group will be presented along with a resolution for City Council's consideration on Monday night. f i A Residential Community on Lake Minnetonka's South Shore II , . . CKNO 21875 21876 21877 21878 21879 21880 21881 21882 21883 21884 21885 21886 21887 21888 21889 21890 21891 21892 21893 21894 21895 21896 21897 21898 21899 21900 21901 21902 21903 21904 21905 21906 21907 21908 21909 21910 21911 21912 21913 21914 21915 CHECK APPROVAL LISTING FOR NOVEMBER 24, 1997 COUNCIL MEETING CHECKS ISSUED SINCE NOVEMBER 14,1997 TO WHOM ISSUED PURFa3E PERA PERA ICMA RETIREMENT TRUST 457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -G. SCHMID AFSCME COUNCIL 14 UNION DUES MN DEPARTMENT OF REVENUE STATE TAX WITHHELD BROWNING FERRIS IND. NOV. RECYCLlNG-TB L1Q KATHLEEN HEBERT SEC 125 REIMB PATRICIA HELGESEN SEC 125 REIMB MINNCOMM PAGER JOSEPH PAZANDAK MILEAGE PEPSI COLA COMPANY MISC PURCHASES ALAN ROLEK SEC 125 REIMB REBECCA TARVIN MILEAGE SUPERAMERlCA FUEL US WEST COMMUNICATION WASTE MANAGEMENT WASTE REMOVAL DAHLHEIMER DISTRIBUTING BEER PURCHASES DAY DISTRIBUTING BEER PURCHASES EAST SIDE BEVERAGE CO. BEERiMISC PURCHASES MARK VII BEERiMISC PURCHASES MARLIN'S TRUCKING FRBGHT NORTH STAR ICE MISC PURCHASES QUALITY WINE & SPIRITS L1QUORIWINE PURCHASES THORPE DISTRIBUTING BEERiMISC PURCHASES CARVER COUNTY LICENSE CTR LICENSE PLA TES-90 OLDS VAN US POSTMASTER HWY. 7 BULK MAIUPREPD POSTAC ALERT FIRE & SAFETY CO FIRE EXTINGUISHER MAINT. METRO COUNCIL ENVIRONMENT OCTOBER SAC DEPT OF PUBLIC SAFETY BUYERS CARD FOR L1QUORIWINE NORTHERN STATES POWER UTILITIES PEPSI COLA COMPANY MISC PURCHASES LAWRENCE NICCUM STRAW BALES TOTAL REGISTER SYSTEMS SUPPUES BELLBOY CORP. LIQUOR PURCHASES BELLBOY BAR SUPPLY SUPPLlESlMISC PURCHASES MIDWEST COCA-GOLA MISC PURCHASES DAHLHBMER DISTRIBUTING BEER PURCHASES DAY DISTRIBUTING BEERiMISC PURCHASES EAST SIDE BEVERAGE CO BEERiMISC PURCHASES GRAPE BEGINNINGS, INC WINE PURCHASES Page 1 AMOUNT $2,449.55 1,533.36 929.00 156.50 145.25 1,223.08 33.66 240.00 204.00 8.47 102.85 98.80 100.00 4.73 621.37 216.09 220.51 358.10 677.00 8,916.05 9,332.92 448.00 102.96 1,384.66 15,745.80 23.50 374.93 25.33 940.50 40.00 4,493.58 93.75 40.00 34.63 3,268.21 139.86 628.60 297.70 4,521.73 5,440.10 226.00 . . CKNO 21916 21917 21918 21919 21920 21921 21922 21923 21924 .. CHECK APPROVAL LISTING FOR NOVEMBER 24, 1997 COUNCIL MEETING CHECKS ISSUED SINCE NOVEMBER 14, 1997 TO WHOM ISSUED GRIGGS, COOPER & CO. JOHNSON BROS. LIQUOR CO. LAKE REGION VENDING NORTH STAR ICE PAUSTIS WINE COMPANY PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS THE WINE COMPANY WORLD CLASS WINES, INC PURFaX: L1QUORIWINE/MISC PURCHASES L1QUORlWfNEPURCHASES MISC PURCHASES MISC PURCHASES WINE PURCHASES L1QUORlWfNE PURCHASES UQUOFWIINE PURCHASES WINE PURCHASES WINE PURCHASES TOTAL CHECKS ISSUED Page 2 AMOUNT $6,126.98 4,421.50 1,383.80 18.00 315.30 4,419.00 625.91 214.05 469.00 CITY OF SHOREWOOD CHECK APPROVAL LIST FOR NOV. 24, 1997 COUNCIL MIG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT ___'_~_'_'__' _M________M_______._______._.__ .____.____________________ -------- --,--------- 21925 CHECKPOINT SECURITY SYS ANNUAL ALARM MONITORING CITY GAR 240.00 21926 ALL STEEL PRODUCTS CO. DRAINAGE-APPLE RD -------- 447.57 21927 ANCHOR PAPER COMPANY PAPER GEN GOVT 154.87 21928 EARL F.ANDERSEN, INC. SNOWMOBILE SIGNS 21929 CADD/ENGINEERING SUPPLY DH;I T IZEf~~ P?lf~~KS . & .., . ," "'::" I b;~.. t,l..... fylUN BLDG 252.89 6'''.) .. (J() 21930 DAWSON BLACKTOPPING. INC. FREEMAN-COMPACTOR RENTAL -------- 21931 DEPT OF LABOR & INDUSTRY AIR TANK INSPECTIONS EJl. ASSESSOF,; FEE ASSESSOR SUPPLIES TOTAL FOR ERICKSON. ROLF E.A. 1932 ERICKSOi'.j. FWLF :;\(::<<~ 21933 FEED-RITE CONTROLS. INC. CONTAINER RENTAL 21934 FLAGS OVER AMERICA. INC FLAGS 219'::;.:::, G. L. CONTRACTING. INC. FINAL PMT EUREKA RD FINAL PMT-SO LINK *** TOTAL FOR G.L. CONTRACTING. IN 21936 G & K SERVICES UNIFORMS 21937 GATEWAY 2000 COMPUTER 21938 GLOBAL COMPUTER SUPPLIES COMPUTER SUPPLIES .939 GOPHER STPllE ONE-C?lLL. Hi m-iE CALL SERVICE ONE CALL SERVICE *** lOT AL r.;: Of~; GOPHER S TAT E ONE --C?lL 21940 HOISINGTON/KOEGLER GROUP PARK PLANNING 21941 HOPKINS PARTS COMPANY EQUIP MAINT BFWTHEf~S . INC. SHADY ISLAND BRIDGE CONS 21942 JAY 21943 KAR PRODUCTS SHOP SUPPLIES WATER REPAIR-LK MARY WEL WATER DE fY1UN BLDG t"! ...5l 21944 LEUTHNER WELL. INC. 21945 M C 1 TELECOMMUNICATIONS OCT LONG DISTANCE i.^H~i' E~; DE l ,:)() ... Clt) PFWF PF;;OF SEF;; 4.02.5.00 SE.f~ ~:t~:j ... 6.:S ..:l ~ l2..:1 ". (:;\5 1^.iATEf:': DE 15.00 fylUN BLDG II H ..:l() -------- 24.101.96 -------- 19.168.91 43.270.8/ CI TY GAF;; 448.2() fylUN BLDG 2 ~ It,l... e":) r-1UN BLDG 1"'C ., '" ":./..7...1..'::> i.^!A T ER DE SEv.!Ef~: DE 80. 5() ..:1-().. 2.~l ..qCI..2.S PARKS & 762.17 CI TY Gr;R 8,-, ,.,., o. ..:;oL., 66.911.12 CITY GAR 113.93 ..:l() H ()() 21946 METRO COUNCIL ENVIRONMENT DECEMBER SEWER TREATMENT SEWER DE 43.088.00 21947 OFFICE DEPOT OFFICE SUPPLIES 21948 MN SUN PUBLICATIONS LEG(lL ADS Page 3 GEJi GO...." T /.5..82 J.36,.8() CITY OF SHOREWOOD CHECK APPROVAL LIST FOR NOV. 24, 1997 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT ------.-- -.-----.--------------------- ------------------------ -------- ----------- 21949 WM. MUELLER & SONS, INC. BLACKTOP 21950 MUNITECH, INC. DEC WATER MAINT DEC SEI,.!ER i"!{olINT *** TOTAL FOR MUNITECH, INC. 21951 NADEAU UTILITY, INC. SF-: C n;,: STF:EE TS /1 f.:) . 99 WATER DE 4,140.00 SEWER DE 2,.!60HOO 6,900.00 2 !' 31 )' H ()() 21952 NAVARRE TRUE VALUE FREEMAN PICNIC MATERIALS -------- 24.51 STREET SUPPLIES TRAF CON 18.04 SHOP SUPPLIES CITY GAR 4.99 *** TOTAL FOR NAVARRE TRUE VALUE 4/.54 OCTOBER PROSECUTIONS 71953 POTTS, KENNETH ~ ~.1954 COi"lPUTf.:f:.: 1-1ANAGEJ1ENT S...."C SOF T 1t.,I~lRE l-!A 1 N T /SUPPOR T SOFTWARE MAINT/SUPPORT SOFTWARE.MAlNT/SUPPORT TOTAL FOR COMPUTER MANAGEMENT A< A<;~ 2195.5 PFWSTr=\FF TEI-!P HEL.P 219.56 SHORE WOOD TREE SERVICE T REE f':':Ef10Vf~L 2195/ SHOREWOOD TRUE VALUE STREET SUPPLIES 21958 SPS COMPANIES, INC. PAf:.:K SLOG f':':EPf~d f':': 21959 ST PAUL STAMP WORKS INC DOG LICENSE TAGS .1960 ~30 LK l1TKA PUB SAFETY DEP DECU1BER BUDGE T 21961 TIME SAVER OFF SITE SEC PLANNING COMM MINUTES COUNCIL MTG MINUTES PARK COMM MINUTES *** TO'rAL FOR TIME SAVER OFF SITE 21962 TONKA AUTO AND BODY SUPP EQUIP MAINT 21963 TWIN CITY WATER CLINIC WATER TESTING 21964 1..!A T ERPRO I-,E T EF< P{olR T S 2196.5 WIDMER, INC. Df~:AINAGE f~:EPf~IH 21966 BREWSTERS SEA & SKI EQUIP l-!r;rr.n *:K:;.: TOTAL CHECKS FOR APPROVAL *** TOTAL CHECK APPROVAL LIST Page 4 PROF SEF,: 1,.508.33 F I Nf~l'-.jCE (.,lfYI"EF: DE S.l':).. ()() ~58() .. .s<) SEI..!ER DE 1 , .5 /1 . or) ..~ r"'.... ~ .... ~t(:}'..).. ...JI....t GEN GO...."T 68() .. ()() n':':EE Mf'U 1:122.. 'l.::1 T F:r;F CON 8~32 PARKS & 6, l . ';;':'i GiU'.J GO...." T 'll .. ()t:l POL I CE [.J 3/,4/1.18 PLANNING 1/9.50 GEN GOVT 125./5 PARKS & 11/.25 422.50 CI TY GAF< 23....:12 1,.,1 f~l T E f~: DE 2el.. ()() i..!A T EF< DE 612.// 825... ()() CI TY GAF,; 52.39 2ll ,6..:18.. 28 301,482.95 . . CHECf<:. TYPE cm'i C0I1 CUI-I CUI1 C01"1 C01-j COrl COrl COI-l CCH-l COrl COli COI-l COI'l CDi-l COI'l COf'l CDii CUf"! C0I1 CUrl COrl CUf-! r"'lf;~f"'~ COrl COI1 COr! 11 r:; N CDi'j COrl cm'l C llt'l COi"l COf1 C01-l cm1 COi1 COI"l CHECK DAlE 11 l' ~..L .11 '9l 11 9/ l.l 11 ':.".!)' 1.1 11 9/ 11 11 ':'1/ 11 11 9/ lJ. 1.1 9/ 1.1 11 9/ 1.1 .1.1 9/ 11 11 9/ 11 .1.1 9/ 11 11 9/ .1.1 11 9/ .11 11 9/ .1.1 LL 9/ 1111 9/ J..1 1.1 9/ 11 11 9l .11 11 9/ 11 11 9/ J_.1 l.l 9'7 11 11 9/ .11 1.1 ~-:;)" 11 11 9/ 1.1 1.1 9/ 11 .11 9'7 .1.111 9/ 11 11 9/ .1.1 11 9/ 11 11 9'7 1.1 1.1 91 11 1.1 9l .1.1 1.1 9/ 11 11 9'7 11 11 9/ 11 11 9'7 .11 1.1 9'7 11 11 9/ C H E. C K P t. t~ 1ST E f~ !-.iUI-18E.R i= f") f':'.1 ,_ (..1...( E E:. Nf~ r"'l f:: .115 LAI,',IHEf',!CE ~;. .150 HEATHER r~. 13 P 0 1,',ll'..J BLE CH T r::l 325 5 ()() 11/5 .11 ~)(J 1d.nn 143() l':tS':) 1601 ..L.~ 'i' """1 {"I , ~ ~ 18()Cf 181C' :21 ()() ~21.+~151 ~2 -S () I:) 255() 28(J() 2805 ~29()() ~I(J()() 31(J() 3~lC'() 3/.+3.~, 3S()() 358') ':;16C1() 3/01 3800 3815 38S() 39ClIJ 3910 4200 4S1S 4.Sll 4150 ...l.5 ANGiELA j"l. CHr';RU:S ;:.. JAf'lES C. i<:Of~:Tf'jIE i"1. r..;.... (" l~UL):: C,!-~\ll S tf-4K.l r"~S HANSEN KATHLEEN A. HEBERT PATRICIA H. HELGESEN KELLY ~ HENTGES J ArlE S C. HUf~;I-l BFdr:;i'-l D. JAK.EL JEFFHEY A. JENSEN DENNIS D. JOHNSON JEROMY W. JOHNSON WILLIAM F. JOSEPHSON MOLLY D. LOTTERNER SUSAN M. LATTERNER PETER W. LENZEN JOSEPH P. LUGOWSKI Jr.;sm-l R. LUND RUSSELL R. MARRON THERESr.':j L. NAAB LAWRENCE A. NICCUM BRADLEY J. NIELSEN ANDREW C. OTTEN JOSEPH E. PAZANDAK CHRISTOPHER J POUNDER DANIEL J. RANDALL BRIAN M. ROERICK ALA1'l J. FWLEK. MICHAEL J. RUFFENACH TANYA M. SCHIERMAN CHRISTOPHER E. SCHMID R CONRAD SCHMID BRENDA L. SMITH REBECCA A. TARVIN PAMELA J. HELLING RALPH Po. ':"!EHLE ;;.::iCIC;c TOT ALS;;'::;':;;':;;': Page 5 CHEC}'( i'-lUf"iBER 2.123,4':? 2l~2~,.S(J :212551. 2l:~352 212~,5~5 2l2~5,5~1 21"23.~S.=! 2 .12 2;1.::16 2125.5;' 2l2~5.::!8 2.12359 2l2~.c:.,:() 2.12361 :2:l2~5t,2 21236;"') 212364 "2.1':~3t,S 2.12~5t,6 2.1.~2!.,6 ".i' 2.12568 21236':i 212':;. )' IJ 2l"22:~ ".i'l "2l2~5~le., 212~3 /.'2 ........ ..."1.... .... ..::::...l....i...:.:.1 l ::; ,"21.'23 'Ji' 1.+ 212~5;:ll 21.'237.::, 2123lt) 21..23 "ll "2l23l~; 2125'79 212380 212381 212382 2.1:23.33 2.12384 CHECK. r.':j 1'10 Ul'l T 1452 . 4~~ 41.84 2/1.24 l t.1-()... t.'(:> '/ II .. 6() 138. ()6 661 H '7,,:, 554.85 .1.10.55 1)" .48.. 2:,() .124.6/ ............. .. .., :.-" :;'l..t:.. .. C' .' 822.65 51.45 6~3".2 ,. '9;:1- lS .. ()() t,;:l.'2.. t'l8 2:16.. C'.l 85/.+ .. 3{", /.1-38 .. ()() ......... .:;;_.t....~....1 6(Jl.. .:tE~ 1124.40 8/2.89 l':;. ,.t:.,:Z 1085.6.5 l~t8.. '-12 86/.26 51.12 1142.03 33 ",it o. {)S 138. ()6 448.44 51.02 .16.'2.. ~II......I 180.3.5 2(i9 .. ()S " 648.81 1'9"/91.86