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082895 CC Reg AgP ,. '" SCANNED CJ:TY COUNCJ:L REGULAR MEETJ:NG CJ:TY OF SHOREWOOD MONDAY, AUGUST 28, 1995 5755 COUNTRY CLUB ROAD COUNCJ:L CHAMBERS 7:30 P.M. The City Council will adjourn to a Work Session format immediately fOllowing the regular portion of the meeting. No action will be taken at this time. AGENDA 1 . CONVENE CJ:TY COUNCJ:L MEETJ:NG A. Roll Call B. Review Agenda Mayor Bean Stover Benson Malam McCarty 2 . APPROVAL OF MJ:NUTES City Council Regular Meeting Minutes August 14, 1995 (Att.-#2 Minutes) 3 . CONSENT AGENDA - Motion to approve Consent Agenda & Adopt-Res.olutions items on Therein: A. A Motion to Adopt a ReS-elution Approving a Conditional Use Permit for Accessory Space in Excess of 1,200 s.f. (Att.-#3A Proposed Resolution) Applicant: John Erickson Location: 23785 Yellowstone Trail B. A Motion to Adopt a Resolution Approving Development Stage for Smithtown Properties P.U.D. (a.k.a. Ledin/Wartman/Minnewashta P.U.D.) (Att.-#3a Proposed Resolution) Applicant: Lundgren Bros. Construction Location: 76.5 acres north of Smithtown Road, west of Minnewashta Elementary School C. A Motion to Adopt a Resolution Approving Applications for Deferment of Watermain Assessment (Att.-#3C Proposed Resolution) D. A Motion to Approve the Contract for Services with Abdo, Abdo and Eick to Audit Financial Statements for the Year Ended December 31, 1995 (Att.-#3D Proposed Contract) 'I CJ:TY COUNCJ:L AGENDA AUGUST 28, 1995 PAGE 2 OF 3 E. A Motion to Adopt a Resolution Accepting City Project #94-9 Handicap Accessibility in Parks and Authorizing Final PaYment (Att-#3E Proposed Resolution) F. A Motion to Approve and Authorize Execution of RepaYment Agreement - Doris Sadek, 25850 Wild Rose Lane (Att.-#3F Agreement) G. A Motion to Adopt a Resolution Requesting a Speed Study'on Shorewood Oaks Drive, Oak Leaf Circle, Burlwood Court and Maple Leaf Drive (Att.-#3G Proposed Resolution) H. A Motion to Approve 1996 Mound Fire Contract Budget Proposal (Att.-#3H Proposed Budget) 4 . MATTERS FROM THE FLOOR (Presentations are limited to 3 minutes. No Council action will be taken.) 5 . 7: 45 P.M. PRESENTATION BY JIM DANIELS AND COMMJ:SSIONER FOUST ON TELECOMMUNJ:CATJ:ON LEGISLATIVE UPDATE AND 1996 BUDGET (Att. -#5 Documentation) 6. PRESENTATJ:ON BY PAUL KACHELMYER, PROJECT MANAGER WITH MNDOT, REGARDING COORDINATION OF HIGHWAY 7 & CHRISTMAS LAKE INTERSECTION IMPROVEMENTS 7 . PLANNING Report by Representative A. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Space in Excess of 1,200 s.f. (Att.-#7A Planner's Memorandum) Applicant: Kurt Scheurer Location: 26930 Edgewood ~oad B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance/Variance to Expand a Nonconforming Structure (Att.-#7B Planner's Memorandum) Applicant: Jim Kantola Location: 20845 Radisson Road C. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance/Variance to Expand a Nonconforming Structure (Att.-#7C Planner's Memorandum) Applicant: Robert West Location: 5815 Ridge Road .. , CJ:TY COUNCJ:L AGENDA AUGUST 28, 1995 PAGE 3 OF 3 D. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance/Variance to Expand a Nonconforming Structure (Att.-#7D Planner's Memorandum) Applicant: Stephen and Joan Olson Location: 20760 Radisson Road E. A Motion to Adopt an Amendment to Chapter 1102 (Wetland Developments) of the City Code (Att.-#7E Proposed Ordinance) F. A Motion to Direct Staff to Prepare Findings of Fact Regarding Revision to Previously Approved Setback Variance (Att.-#7F Planner's Memorandum) Applicant: Richard Kowalsky Location: 5740 Christmas Lake Point G. A Motion to Adopt a Resolution Approving a Simple Subdivision/Combination (Att.-#7G1 Planner's Memorandum; #7G2 Proposed Resolution) Applicant: John Paulson Location: 5615 Eureka Road 8 . CONSJ:DERATJ:ON OF A MOTJ:ON TO ACCEPT THE BJ:DS, AND AUTHORJ:ZE APPROVAL OF CONTRACT FOR BOULDER BRJ:DGE/BADGER FJ:ELD WATER SYSTEM J:MPROVEMENTS (Att.#8A Bid Tabulation; #8B Proposed Contract) 9 . SECTJ:ON 9. 03 (Att. -#9 Proposed CONSJ:DERATJ:ON OF AMENDMENT TO REGARDJ:NG WATERMAJ:N ASSESSMENTS Ordinance) 10. CONSJ:DERATJ:ON OF ADOPTJ:ON OF A RESOLUTJ:ON REGARDJ:NG WATER CONNECTJ:ON POLJ:CY ( At t . - # 1 0 Proposed Resolutions) 11. LMCD Report by Representative Bob Rascop Review of 1996 LMCD Budget (Att.-#ll Proposed Budget) 12. ADMJ:NJ:STRATOR &: STAFF REPORTS 13. MAYOR &: CJ:TY COUNCJ:L REPORTS 14. ADJOURN TO WORK SESSJ:ON FORMAT OR ESTABLJ:SH DATE FOR WORK SESSJ:ON SUBJECT TO APPROVAL OF CLAJ:MS (Att.-#14) ""~ ~.. . J .. ~ MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 EXECUTIVE SUMMARY if' SHOREWOOD CITY COUNCIL MEETING MONDAY, AUGUST 28, 1995 Public Works Director Zdrazil will be at City Hall about 10 minutes prior to the meeting to exhibit the new tool carrier (front end loader) to the Council members. Please plan to come a few minutes early to the meeting. We never know going into a Council meeting how long it is going to take. If this meeting goes quite late, I would still like the Council to reserve about one half hour at the end of the meeting to discuss with staff several philosophical and technical points about the proposed 1996 budget. The budget summary and cover memorandum is enclosed in the packet. " Agenda Item #3A: Mr. Erickson proposes to build a garage which, when combined with existing accessory space, exceeds 1,200 square feet of area. The request complies with the criteria for granting the necessary C. U.P. Staff and the Planning Commission recommended in favor of the C.U.P. Four-fifths vote of the Council is necessary. Agenda Item #3B: Staff and the Planning Commission have recommended approval of the Development Stage Plans and preliminary plat for the Lundgren Bros. plat west of the Minnewashta School property. While wetland and setback issues appear to be resolved, the developer is on record as objecting to water charges. The resolution for development stage approval for the project contains language which requires payment of the City's charges. Approval requires a four-fifths vote. Agenda Item #3C: Our ordinance requires applications for special assessment deferrals to be submitted within 30 days of adoption of the assessment resolution. That 30 day period is up. A copy of the resolution approving the deferments is enclosed. Agenda Item #3D: This motion would approve the contract for services with Abdo, Abdo and Eick to do our 1995 audit. The increase is $300 or 3.3% largely due to inflation. Agenda Item #3E: This motion accepts the 1994 handicap accessibility and parks project and authorizes a final payment. A Residential Community on Lake Minnetonka's South Shore -~ ...~ Executive Summary - City Council Meeting August 28, 1995 Page 2 of 3 Agenda Item #3F: This motion is necessary to allow a repayment agreement relating to a Hennepin County housing rehabilitation loan (Shorewood CDBG funds were used). It seems this type of agreement is requested every three to four months. Agenda Item #3G: The State indicates that a resolution requesting a speed study in Shorewood Oaks Drive and Oak Leaf Circle is necessary. Agenda Item #3H: This motion approves the 1996 Mound fire contract budget. Our contribution will increase from $6,443 in 1995 to $7,163 for 1996. Our market value percentage of the area covered by the department has increased from 2.13% to 2.17%, and our three year average fire calls has increased from 1.39% to 1.47%. Agenda Item #7 A: Mr. Kurt Scheurer proposes to build an attached garage on his property at 26930 Edgewood Road. The area of the new garage, when added to the area of an existing garage on the property, exceeds 1,200 square feet, necessitating a conditional use permit. Staff and the Planning Commission have recommended approval subject to conditions. Council approval requires a four-fifths vote. . Agenda Item #7B: Mr. Jim Kantola has requested a setback variance to add an attached garage to the nonconforming house at 20845 Radisson Road. He also requests a setback variance to rebuild a deck which is too close to the side lot line. Based upon the Planner's recommendations, the Planning Commission has recommended approval of the garage variance but denial of the deck variance. Council approval requires a four-fifths vote. Agenda Item #8C: Earlier this year Manuel Silva received approval of a setback variance to construct a garage at 5815 Ridge Road. Mr. Rob West has since purchased the property and proposes a modified version of the Silva plan. Staff and the Planning Commission recommend approval. Council approval requires a four-fifths vote. Agenda Item #7D: Staff and the Planning Commission have recommended approval of a setback variance which will allow Stephen and Joan Olson to add a room addition to their home at 20760 Radisson Road. Council approval requires a four-fifths vote. Agenda Item #7E: This Code amendment establishes a buffer area and building setbacks adjacent to wetland areas. This amendment is consistent with the Natural Resources chapter of the Comprehensive Plan and the Planning Commission recommends approval. Agenda Item #7F: Mr. Richard Kowalsky asks for a revised setback variance to build a detached garage on his property at 5740 Christmas Lake Point. Moving the garage northward on the property allows a large basswood tree to be protected. Staff and the Planning Commission recommend approval. Council approval requires a four-fifths vote. Agenda Item #7G: Mr. John Paulson proposes to split his property at 5615 Eureka Road into two lots. Having complied with Staff and Planning Commission recommendations, a proposed resolution has been prepared for Council approval. A simple majority vote of the Council is required for approval. Agenda Item #8: As of this writing, the bids have not been received. A verbal report will be given at the Council meeting on Monday night on the proposed 1995 watermain and tower project. The action is to accept. the bids and award the contract. . . . ... Executive Summary - City Council Meeting August 28, 1995 Page 3 of 3 Agenda Item #9: In attempting to administer the watermain assessment ordinance, Staff is working on improving several definitions and sections. We can give you a brief explanation of the discussions to date at the meeting and will have a proposed amendment to the ordinance for the next City Council meeting. Agenda Item #10: The most frequently asked question relating to the watermain project is: will we be forced to hook up to the system? There has been some discussion of requiring hookup to the system within perhaps 18 months of water becoming available. My recommendation has been to monitor the fiscal health of the water system annually. If our financial projections show that system revenues are not as originally projected, a notice can be given to hook up within 12 or 18 months. Two draft resolutions are included in the packet for your consideration. ~. . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, AUGUST 14, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES DRAFT 1. CONVENE CITY COUNCIL MEETING' Mayor Bean called the meeting to order at 7:34 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, McCarty and Stover; Administrator Hurm, City Engineer DeLaForest, City Attorney Keane, and Planning Director Nielsen. Absent: None. B. Review Agenda McCarty moved, Stover seconded to approve the agenda for August 14, 1995. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - July 24, 1995 McCarty moved, Benson seconded to approve the City Council Regular Meeting Minutes of July 24, 1995 amended on Page 4, Paragraph 11 change "Strawberry Court" to "Strawberry Lane" and Page 7, Paragraph 4 change "ayor" to "Mayor". Motion passed 5/0. B. City Council Special Meeting Minutes - July 25, 1995 Benson moved, Malam seconded to approve the City Council Special Meeting Minutes of July 25, 1995 as presented. Motion passed 5/0. City Council Special Meeting Minutes - July 31, 1995 Malam moved, McCarty seconded to approve the City Council Special Meeting Minutes of July 31, 1995 as presented. Motion passed 4/0. Stover abstained as she was not present at the July 31, 1995 meeting. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for August 14, 1995. Stover moved, McCarty seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. RESOLUTION NO. 95.66. "A Resolution Granting a Setback Variance." Applicant: Rick and Maureen Spencer. Location: 4350 Dellwood Lane. ~~ .- REGULAR CITY COUNCIL MINUTES August 14, 1995 - PAGE 2 B. RESOLUTION NO. 95-67. "A Resolution Setting a Public Hearing on Proposed Assessment of Delinquent Sewer, Water and Stormwater Utility Charges, City Clean-up Charges and Property Clean-up Charges for September 11, 1995 at 7:45 p.m." C. Motion to Approve Renewal of Assessing Contract. D. Motion to Approve An Additional Horse with Permit. Applicant: Patricia Jenson. Location: 6020 Galpin Lake Road. E. Motion to Establish October 28, 1995 as Fall Clean-up. F. Motion to Approving Hiring Rebecca Tarvin, 16422 Devon Drive for the Part- Time Clerical Assistant Position. G. Motion to Extend the Deadline to Correct a Zoning Violation. Applicant: Dave Herzog Representing Allan McKinney. Location: 4925 Rustic Way. H. RESOLUTION NO. 95-68. "A Resolution Receiving a Feasibility Report and Ordering Preparations of Plans and Specifications for Smithtown Woods. " . 1. RESOLUTION NO. 95-69. "A Resolution Accepting the Shady Island Dry Hydrant Project, City Project 94-1, 94-2, 94-3, and Authorizing Final Payment. " J. Motion Authorizing the Purchase of Valves not to Exceed the Amount 0 f $16,000 for Watermain Project. Motion passed 5/0. 4. MATTERS FROM THE FLOOR - None. 5 . PARKS - Report by Representative Commissioner Martin reviewed the discussions and actions taken by the Commission at its August 8 meeting (detailed in minutes of that meeting). 6. PLANNING - Report by Representative . Commissioner Turgeon reviewed the actions taken and recommendations made by the Commission at its August 1 meeting (detailed in the minutes of that meeting). A. Conditional Use Permit for Accessory Space in Excess of 1,200 Square Feet. Applicant: John Erickson. Location: 23785 Yellowstone Trail. Nielsen reported Mr. Erickson has proposed to replace the old garage on his property with a new garage. A C.U.P is required since the area of the new garage when added to an existing outbuilding on the site, exceeds 1,200 square feet. The proposal meets all the criteria required for granting accessory space over 1,200 feet. Nielsen indicated the Planning Commission and staff are recommending approval of the C. U.P. REGULAR CITY COUNCIL MINUTES August 14, 1995 - PAGE 3 Stover moved, Benson seconded to direct staff to prepare findings of fact regarding a conditional use permit for accessory space in excess of 1,200 square feet for John Erickson, 23785 Yellowstone Trail. Motion passed 5/0. B. A Resolution Approving a Simple Subdivision/Combination. Applicant: Ron Miller. Location: 26705 Edgewood Road. Nielsen reported Mr. Miller owns a large lot which is part of the Boulder Ridge Estates subdivision. The Corps of Engineers and DNR have granted Mr. Miller approval to construct a driveway across Wetland Conservation Act Wetlands. Since that time, Mr. Miller has negotiated with Mr. Bottinger to exchange an equal amount of land which will allow Mr. Miller access to share an existing driveway with the adjoining property owner. This is logical as it will avoid a large building expense for Mr. Miller and provide less impact to the existing wetlands. Nielsen indicated staff is recommending approval of the subdivision and combination conditioned that Mr. Miller provide the City with a drainage and utility easement over the portion of his lot shown as Parcel C and that he enter into a use and maintenance agreement for the driveway to be shared by the property owner to the west. . McCarty moved, Stover seconded to approve RESOLUTION NO. 95-70. "A resolution approving subdivision and combination of real property for Ron Miller. " In response to Mayor Bean, Nielsen indicated this would not affect the original approval granted by the Corps of Engineers and DNR. He indicated the area designated for the driveway may be used for other purposes by Tony Eiden Homes, and if not, the original approval will still stand. Motion passed 5/0. C. A Resolution Approving a Simple Subdivision/Combination. Applicant: William Bukovec. Location: 5335 Eureka Road/25520 Orchard Circle. . Nielsen reported Mr. Bukovec proposes to purchase a 20 foot strip of land adjacent to his property which was platted as a "flag lot" to provide access to Eureka Road prior to the construction of Orchard Circle. Both lots exceed the size requirements of the R-IC zoning district where they are located. Nielsen indicated staff is recommending approval of the simple subdivision/combination. Stover moved, Benson seconded to approve RESOLUTION NO. 95-71. "A resolution approving subdivision and combination, of real property for William and Tamara Bukovec." Motion passed 5/0. D. Development Stage Approval for Smithtown Properties P.U.D. (a.k.a. Ledin/W artman/Minnewashta P. U.D.) Applicant: Lundgren Bros. Construction. Location: 76.5 acres north of Smithtown Road, west of Minnewashta Elementary School. Nielsen reported this was the second stage of the P.U.D. approval for this project. He reported all the issues which had been raised at the concept stage approval had been resolved. Nielsen indicated the only issue the developer continues to object to is the water charges. Nielsen stated the fees calculated in the staff report should be based on 31 lots rather than 32 lots. He indicated the City continues to work with the School District regarding the proposed location of the water tower. Nielsen indicated the Planning Commission and staff are recommending approval of the development stage plans and the preliminary plat subject to ten stated conditions. REGULAR CITY COUNCIL MINUTES August 14, 1995 - PAGE 4 In response to Mayor Bean, Nielsen indicated the development agreement which will be included with the final plat and plans, will reflect the water charges. The resolution will also contain specific language addressing the water charges. Councilmember Stover expressed concern that the ten stated conditions were all agreed to by the developer and the City. Nielsen indicated most of the conditions were technical issues that would be resolved prior to the final plat and plans. He indicated the developer has complied with the City's requests. Councilmember Stover asked if the development agreement would be stalled if a decision regarding placement of the water tower was reached that was outside of the developer's prerogative. Nielsen stated the only concern was that if the large water main was to go through the project, its construction would have to be coordinated with the phasing of the project. He indicated the developer is aware of this and has agreed to coordinate with the construction. Councilmember Stover asked if there had been progress with the School Board as to the location of the water tower. Mayor Bean indicated a letter had been sent to the School Board indicating where the City felt the water tower would best be located. Hurm stated staff would be meeting with the School Board this week or next, to come to agreement on a location and the issue then resolved at the School Board meeting. ... Mr. Terry Forbord, Lundgren Bros., indicated he had not received a copy of the aforementioned . letter and asked he be provided with such. Malam moved, McCarty seconded to direct staff to prepare findings of fact regarding development stage approval for. Smithtown Properties P.U.D. (a.k.a. LedinlWartman/Minnewashta P.U.D. for Lundgren Bros. Construction, located 76.5 acres north of Smithtown Road, west of Minnewashta Elementary School, subject to staff recommendations and with the understanding that the development agreement will contain provisions requiring the payment of water related assessments and charges. Motion passed 5/0. E. Zoning Violation Appeal. Applicant: Michael Fannon. Location: 5715 Christmas Lake Road. Nielsen reported Mr. Fannon had purchased the property at 5715 Christmas Lake Road and demolished a number of buildings close to Christmas Lake in preparation to build a new home. In the desire to maintain the property until the house is built, Mr. Fannon has built an accessory . building to store his lawn equipment. The zoning ordinance states there cannot be an accessory building on the property unless there is also e. home on the property. Mr. Fannon intends to build a house on the lot next spring and is asking for an extension of the deadline to remove the shed until such time as he builds his house. Nielsen indicated it would not be appropriate to grant a variance in this case as it would establish an undesirable precedence. He reported in light of the removal of the non-conforming buildings by the owner, which has brought the lot into conformity, staff is recommending an extension be granted. This extension would be subject to a condition that the shed be removed no later than May 1, 1996, unless Mr. Fannon has obtained a building permit for construction of a new house by then. Michael Fannon, 5715 Christmas Lake Road, indicated he had read the City bulletin last spring and called the City to confirm before he removed the pre-existing buildings and built his shed. He indicated he had built a 10 by 12 shed which sits on timbers, to allow him to store the equipment necessary to maintain the seven acres of grass. He stated he was confused as to why he would have to have a variance at all and why there would be a May 1st deadline. Mr. Fannon stated he pays taxes and maintains the property and does not feel he should have to request a variance. . . REGULAR CITY COUNCIL MINUTES August 14, 1995 . PAGE 5 Mayor Bean indicated the ordinance is appropriate and is rational as the City does not want properties that do not have a home to have other structures located on them. He asked Mr. Fannon what he felt would be a reasonable deadline for removal of the shed. Mr. Fannon stated he intends to build a home on the property next spring but it is a complicated property and there may be problems when it comes down to the planning. He reported the shed is painted and maintained. He again indicated he stores lawn equipment in the shed which allows him to maintain the seven acres of grass. He stated he is also trying to maintain the fence but has had problems with vandals. Councilmember Benson indicated he felt the May 1 deadline may be a little tight. Councilmember McCarty complimented Mr. Fannon on his maintenance of the property. It was suggested the extension be granted for one year, with up to an additional year extension upon written request, conditioned upon continual maintenance of the property. Benson moved, Stover seconded to grant Michael Fannon, 5715 Christmas Lake Road, an extension of deadline to comply with the zoning ordinance regarding accessory buildings until May 1, 1996 with up to an additional one year extension by written request to the Planning Department subject to the continued maintenance of the property. Motion passed 5/0. City Attorney Keane excused himself from the meeting at 8:27 p.m. F. Resolution Approving a Simple Subdivision/Combination. Applicant: St. John's Church and Don Huntington. Location: 680 Mill Street (Excelsior) and 21990 Bracketts Road. Nielsen reported St. John's Church is conveying a portion of the property between Bracketts Road and the Huntington property to Mr. Huntington. He stated this will bring the Huntington property more into conformance in terms of square footage and also provide frontage to a public street. Nielsen indicated the Planning Commission and staff are recommending approval of the simple subdivision/combination subject to four conditions. Benson moved, Malam seconded to approve RESOLUTION NO. 95.72. itA resolution approving subdivision and combination of real property for the Church of St. John the Baptist and Don Huntington, 21990 Bracketts Road and 680 Mill Street." Motion passed 5/0. 7. CONSIDERA TION OF A PETITION TO REPLACE STOP SIGN AT MAPLE LEAF DRIVE. Hurm explained in 1991 the issue was raised regarding traffic control, speed and safety of cars driving through this neighborhood on Shorewood Oaks Drive. He explained there was a series of meetings, a number of reports, a speed study was requested and several options were considered. Initially staff did not recommend a stop sign but City Council installed stop signs at the intersection of Burlwood Court and Shorewood Oaks Drive and the intersection of Maple Leaf Circle and Shorewood Oaks Drive. Hurm stated during the interim a number of new homes have been built on Oak Leaf Trail. Staff has now recommended the stop signs on Shorewood Oaks Drive be moved west to Oak Leaf Trail. This was recommended due to the increased number of homes on Oak Leaf Trail, the short distance between stop signs and the Chief of Police and City Engineers opinion that the change will bring the stop signs closer to meeting the traffic contr.ol warrant~. Hurm reported there is now a petition before the City Council to replace the stop SIgns to theIr original location. He indicated the City had not fulfIlled their responsibility ~o notify the reside~ts in the area of the change. He reported Catherine Dales, 26085 Oak Leaf TraIl, had called the CIty today to ask that her name be removed from the petition. ~_..~.. _1 REGULAR CITY COUNCIL MINUTES August 14, 1995 - PAGE 6 Councilmember McCarty noted she had talked with residents on Oak Leaf Trail and two of the six who had signed the petition had asked to have their names removed, Catherine Dale and Gela Kantro, 26205 Oak Leaf Trail. She indicated she should have notified more of the neighborhood of the change. She stated she had been asked by residents to address this issue and had taken into account the safety of the entire neighborhood. She questioned if the suggestion for curve signs on Shorewood Oaks Drive and Oak Leaf Trail, with recommended reduced speeds, was a valid option. Councilmember Stover reported in 1991 there was discussion regarding the curve and reduced speed signs but they were discouraged because the suggested speed was not enforceable but only recommended. It was also suggested the signs may only detract the driver's vision. She indicated in 1991 there was a lot of discussion and much written information provided that is not included in the Council meeting minutes. She stated the Council was strongly encouraged by the professional staff involved, to choose only two spots for the stop signs to be placed. Guadalupe Pfaff, 6075 Maple Leaf Circle, stated that three weeks ago, stop signs were moved in the Shorewood Oaks neighborhood without any notification to the residents. She asked who had made the recommendation to remove stop signs after three years. She stated the number of . children in the neighborhood has grown from 78 to 130. She believed the neighborhood needed more safety measures rather than less. Councilmember McCarty stated she had been asked by residents to investigate if the stop signs were in the most appropriate location. Hurm explained that the Police Chief states in his memo that the new location of the stop signs comes much closer to meeting the uniform traffic control warrants. Ms. Pfaff stated it appeared the Police Chief was against the stop signs originally. She stated Shorewood Oaks Drive is used as a cut through and there are many small children in the area. She asked if the speed limit could be reduced. She stated the neighborhood needs more safety measures installed rather than removed. Hurm explained stop signs are not recommended as speed control devices. He stated the best speed control device was to have a police officer in the area more often. . Ms. Pfaff disagreed. She stated with the stop signs moved, traffic is flying by her home at high speeds. Councilmember Malam indicated when the speed study was performed in 1991, the recorded average speed was 30 miles per hour. Ms. Pfaff asked why the City took away what stop signs the neighborhood had. She indicated with the new developments in the area there was much more traffic. She indicated 50% of the residents in the neighborhood signed the petition. Councilmember McCarty stated the stop signs had not been taken away but rather had only been moved down two houses. She stated it was equitable to have two stop signs on Shorewood Oaks Drive and two stop signs on Oak Leaf Trail. Ms. Pfaff again indicated there had been increased speeding since the stop signs were moved. She indicated it was not good government the way the stop signs were removed and she felt there was no actual basis for their removal. She stated that first and foremost the speed limit in the area needs to be reduced. . . REGULAR CITY COUNCIL MINUTES August 14, 1995 . PAGE 7 Mayor Bean stated the Council is very concerned with the safety of the children in the streets of ~h~rewood but Minnesota Statute states that 30 miles per hour is the lowest enforceable speed hnut. Councilinember Stover noted the City cannot lower the speed limit without State authority. If the City did, the speed limit would not be enforceable. She explained the State determines the speed limit based upon the construction of the street, the side vision, etc. . Mayor Bean stated the speed limit on this street was not the issue before the Council tonight. The issue was would moving the signs bring a balance in traffic control. Ms. Pfaff asked if the City had completed a study that showed the new location of the stop signs would be more effective than the previous location and why an additional stop sign could not be added. Mayor Bean stated the decision was based on the feelings and experience of the South Lake Police Department and a significant volume of information from MNDOT. He indicated there should not be two stop signs in such close proximity of one another. Mayor Bean explained the City had to work within constraints of the State Legislature. He urged Ms. Pfaff to contact her State Legislators and urge them to give the authority to set speed limits to the local government. Councilmember McCarty suggested the stop signs be left where they presently are and the issue tabled for three months. Councilmember Stover agreed, indicating during that period of time, a police officer could be requested to be in the area more often and record data to be compared with data acquired when the stop signs were in their previous location. A decision would then be made if the stop signs would stay where they are currently located or moved back to their previous location. Mayor Bean suggested a traffic counter also be placed at each of the intersections. Mayor Bean suggested the State could also be asked to come and evaluate the speed study again. Tom Rendos, 6040 Maple Leaf Circle, suggested this study be performed but then the stop sign be replaced to its previous location and another study be performed. He felt this would show if the stop sign actually did split the traffic. <;ouncilmember Stover indicated the City already had data from the previous location of the stop SIgns. Mr. John Swanson, 6050 Maple Leaf Circle, confirmed that the Council had received his letter. He added residents in favor of moving the stop signs should be in attendance at the meeting. Mayor Bean recessed the meeting at 9:36 p.m. and reconvened at 9:38 p.m. Mr. Swanson indicated he did not want to see the neighbors at odds with each other. He stated Oak Leaf Trail was a winding road and there was not as much likelihood of speeding on that road. He asked that the stop sign be replaced to its previous location and the study performed at that time. Bean moved, Benson seconded to table the issue of replacing the stop sign at Maple Leaf Drive until November 13, 1995. Motion passed 5/0. McCarty moved, Benson seconded to request the State of Minnesota perform a speed evaluation throughout the Shorewood Oaks neighborhood, specifically Shore wood Oaks Drive and Oak Leaf Trail. Motion passed 5/0. . ' ;i '" REGULAR CITY COUNCIL MINUTES August 14, 1995 - PAGE 8 The .Co~ncil directed staff to request the Shorewood Lakes Police Department to establish a morutor m the Shorewood Oaks neighborhood with a mechanic traffic counter. Mr. Kurt Pfaff, 6075 Maple Leaf Circle, expressed his concern that the study be based on objective data rather than subjective data. He suggested if the monitors were visible, it may affect the results. Mayor Bean recessed the meeting at 9:52 p.m. and reconvened at 10:00 p.m. 8. PRESENTATION BY THE CHRISTMAS LAKE HOMEOWNERS ASSOCIA TION ON JOINT WATER QUALITY STUDY Debra Borkon, 5590 Shore Road, and John Joseph, 6290 Ridge Road, were in attendance to discuss the need for a high water quality study on Christmas Lake. Mr. Joseph explained the purpose of the study would be to collect historical data, prioritize future projects, and obtain funding for projects through State or Federal sources. He explained this would be a cooperative effort between the City of Chanhassen, the City of Shorewood and the Christmas Lake Homeowners' Association. He stated the project would begin in 1996 and he was asking the City to contribute $1,700 to the project. . There was Council consensus that this was a worthwhile project. Benson moved, McCarty seconded to place $1,700 in the 1996 City budget for a Joint Water Quality Study on Christmas Lake. Motion passed 5/0. 9. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE ESTABLISHING A POLICY ALLOWING FOR PREPAYMENT OF A PORTION OF THE WATERMAIN ASSESSMENT. Rolek explained, per Council direction, a draft ordinance has been prepared to allow partial prepayments of the watermain assessment. He explained the three conditions for prepayment were that the prepayment must be made to the City Finance Director; partial prepayments could be made no more than once per year; and partial prepayments can be no less than 20% of the original assessment. Malam moved, McCarty seconded to adopt ordinance No. 304, an ordinance . relating to special assessments permitting partial prepayments, amending Section l(c) to "10%" rather than "20%" and "specific to water assessments" be added to the title of the ordinance. Motion passed 5/0. 10. CONSIDERATION OF A MOTION TO APPROVE THE 1996 SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT REVISED BUDGET Stover moved, Benson seconded to approve the revised 1996 budget request for the South Lake Minnetonka Public Safety Department. Motion passed 5/0. 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE SNOWMOBILE TASK FORCE There was Council discussion of the five persons who volunteered to serve on the Snowmobile Task Force. .... . . REGULAR CITY COUNCIL MINUTES August 14, 1995 - PAGE 9 Stover moved, Malam seconded to appoint Ingrid Schaff, Dana George, Troy Stotter, and John Arnst to the Snowmobile Task Force. Motion passed 5/0. 12. CONSIDERATION OF A MOTION TO APPROVE THE COOPERATIVE AGREEMENTS FOR THE SENIOR COMMUNITY CENTER Benson moved, Malam seconded to approve the cooperative agreement and authorization for execution and lease agreement for the Senior Community Center. Motion passed 5/0. 13. LMCD - REPORT BY REPRESENTATIVE BOB RASCOP There was no report as Mr. Rascop was not present at the meeting. 14. ADMINISTRATOR AND STAFF REPORTS . Hurm outlined the upcoming work session schedule. There was Council consensus to postpone the work session scheduled for this evening to the August 28 work session due to the late hour. Ed DeLaForest, OSM Companies, reported City Engineer Dresel was no longer with their firm. DeLaForest indicated he had served as alternate for the City of Shorewood for the past four years and would like to continue on as the City of Shorewood's Engineer. He stated if this was acceptable, his goal was to continue the level of service the City expects from his firm and get to know each Councilmember, and serve them better than they have been served in the past. 14. MA YOR AND CITY COUNCIL REPORTS Councilmember Benson thanked the Public Works Department and commended them on the great job done cleaning the dam area of Christmas Lake. Mayor Bean informed of a Highway 7 Corridor Coalition Study Meeting to be held August 23 at 6:30 p.m. Mayor Bean noted a letter received from Mr. and Mrs. Karl Schuele, Mr. and Mrs. Vern Faaberg and Mr. and Mrs. Ernest Marciniak commending the City of Shorewood Planning Commission and Planning Department, specifically Brad Nielsen, for their diligent efforts to preserve trees in . the City. 15. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS McCarty moved, Benson seconded to adjourn the City Council meeting at 11: 10 p.m., subject to approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Lorri L. Kopischke, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR <". ~ CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADOmONAL ACCESSORY SPACE TO JOHN ERICKSON WHEREAS, John Erickson (Applicant) is the owner of real property located at 23785 Yellowstone Trail, in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of a detached garage, the area of which, when added to the area of existing accessory space, will bring the accessory space up to 1968 square feet; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and . WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 12 July 1995, 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 Cominission at their regular meeting on 18 July 1995, 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 14 August 1995, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . FINDINGS OF FACT 1. That the total proposed accessory space (1968 square feet) does not exceed the floor area above grade of the principal structure (2042 square feet - fIrst floor). 2 . That the total area of accessory space does not exceed 10% of the minimum lot area for the R -1 CIS zoning district in which it is located (2,000 square feet). 3 . That design and materials of the garage are consistent with the architectural character of the existing home. 4. That the proposed garage complies with all setback requirements for the R -1 CIS District. 3_A- " . . . l CONCLUSION 1. That the application of John Erickson 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, and incidental to the principal use of the property. 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 28th day of August, 1995. Robert B. Bean, Mayor AITEST: James C. Hurm, City Administrator/Clerk -2- .0 . L Legal Description . "Lots 1,2,3, 7, 8, 9 and 10, Linden Park, Hennepin County, Minnesota, including adjacent one-half of White Street vacated and the adjacent part of Woodruff Avenue vacated; also that pan of the east one-half of Woodruff A venue vacated adjacent to Lot 11 and lying north of the westerly extension of the north line of Lot 172, Auditor's Subdivision No. 135; also that part of the plat of Linden Park, Hennepin County, Minnesota lying nc~J1erly of Lots 1, 2, 3, and 4 and Whit~ Street and easterly of Pleasant A venue including adjacent part of Woodruff A venue vacated." P.I.N. 34-117-23-33-0006 . Exhibit A - t - ~ CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING DEVELOPMENT STAGE PLANS AND A PRELIMlNARY PLAT FOR LEDIN'/W ARTMAL"iIMINNEW ASHTA P.U.D. . WHEREAS, Lundgren Bros. Construction, Inc. (Applicant) is the owner of real property located in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant received Concept Plan approval subject to the conditions set forth in Shorewood Resolution No. 95-50, dated 12 June 1995, which resolution is on file at the Shorewood City Hall; and WHEREAS, the Applicant has now applied to the City for approval of Development Stage Plans and a Preliminary Plat for the construction of a residential planned unit development known as the LedinlWartmanlMinnewashta P.U.D., containing thirty-two (32) single-family lots on approximately 75.58 acres of land; 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 13 July 1995; and WHEREAS, the Planning Commission at its regular meeting of 18 July 1995 recommended approval of Development Stage and a Preliminary Plat Plans for the LedinlWartmanlMinnewashta P.U.D., subject to conditions; and WHEREAS, the Park Commission at its regular meeting of 8 August 1995, discussed whether the City should require cash in lieu of land as a park dedication requirement; and . WHEREAS, the.Applicant's request was considered by the City Council at its regular meeting of 14 August 1995, at which time the City Planner's memorandum and the minutes of the Planning Commission were reviewed, and comments were heard by the City Council from the Applicant and City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the existing zoning of the property is R-IA, Single-Family Residential. 2. That the total area of the property is approximately 75.58 acres, consisting of three parcels, one of which is occupied by an existing single-family dwelling, and of which approximately 42.6 acres exists as City-designated wetlands. 3. That the Applicant proposes to divide the property into 32 single-family residential lots, including one with an existing home on it, plus one outlot. - 1 - 3. l3~ 4. That the proposed net density of the project is 1.1 unit per 40,000 square feet. 5 . That islands of dry ground surrounded by the wetlands, containing approximately 1.6 acres, will be platted as an outlots to be preserved as common open space by owners of lots within the plat. 6. That a strip of dry ground on the north side of Smithtown Road, containing 2.9 acres, may be platted as a separate outlot to be preserved as common open space by the owners of lots within the plat. 7 . That it is understood that the lot with the existing home on it is capable of being replatted as two lots in the future. CONCLUSIONS . A. That the density of the proposed P.D.D. is within the guidelines of the Shorewood Comprehensive Plan and Zoning Code. B. That the Applicant's request for Development Stage P.D.D. and Preliminary Plat approval for 32 single-family residential lots (including one existing home) is hereby approved, subject to the following conditions and restrictions: 1. Protective covenants for the P.D.D. shall clearly set forth provisions for protecting the wetlands (i.e. no dumping of yard waste, no fencing, no site alteration, etc.). 2. Required minimum setbacks within the P.D.D. shall be as follows: . Front: Rear: Side: Side Abutting Street: Wetland Buffer/Setback: Enhanced Wetland Buffer/Setback: (Lots 1,2,4,5,6 and 7, Block 1) 35 feet 40 feet 10 feet 35 feet * 35/15 feet 50/15 feet ** * Smithtown Road setback: 50 feet * * City Designated Wetland 3. Natural vegetation shall be maintained in the wetland buffer areas. 4. The Applicant shall dedicate wetland conservation easements over the City designated and Wetland Conservation Act wetlands and the buffer area required in (2.) above. 5 . Dpon completion of final grading, the Applicant shall cause his surveyor to place survey monuments locating the wetland buffer area on each lot. 6. R -1 A zoning requirements, except as modified herein, shall be maintained throughout the P.D.D. 7. The P.D.D. shall be connected to the municipal water system and shall be subject to the following water trunk charges and assessments: - 2 - Trunk charges: 31 lots x $5000 = $155,000 Water assessment: 32 lots * x $5000 = $160.000 Total $315,000 * The lot with the existing home on it is not subject to trunk charges. 8 . Plans for wetland mitigation must be approved by the Minnehaha Creek Watershed District. 9. On-site ponding intended to handle storm water runoff from the project shall be designed to National Urban Runoff Program (NURP) standards, and shall be sized based on detailed runoff calculations to be submitted by the applicant and approved by the City Engineer. 10. If the project is constructed in two phases, watermain construction may necessitate that the entire street right-of-way through the plat be dedicated in the first phase. . 11. The applicant shall prepare a tree preservation and replacement plan consistent with the policy currently being drafted by the Shorewood Planning Commission. C. City Council approval of the Development Stage Plans is subject to all applicable standards, regulations, and requirements of the Shorewood City Code, including, but not limited to the following: 1. Section 1201.04.04 Subd. 1. regarding the procedures for review and approval of conditional use permits; 2. Section 1201.06, Subd. 3. regarding special procedures for the establishment of a P.U.D. by conditional use permit; . 3. Section 1201.25 Subd. 6.c.( 1) regarding the purpose of Development Stage approval. D. Approval of the Development Stage Plans is not intended, nor does it act to grant approval of a Final Plan which is required pursuant to Section 1201.25, Subd. 6.d. Adopted by the City Council of the City of Shorewood this 28th day of August, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk - 3 - . . . LEGAL DESCRIPTION TRACT A, REGISTERED LAND SURVEY NO. 1064. FILES OF REGISTRAR OF TITLES, COUNlY OF HENNEPIN. AND THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE 1/4 - NW 1/4) SECTION 32, TOWNSHIP 117, RANGE 23 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER THEREOF; THENCE NORTH ALONG THE WEST LINE THEREOF A DISTANCE OF 200 FEET, TO THE POINT OF BEGINNING OF LAND TO BE DESCRIBED; THENCE EAST AND PARALLEL TO THE SOUTH LINE THEREOF, A DISTANCE OF 145 FEET; THENCE SOUTH AND PARALLEL WITH THE WEST I.INE THEREOF, A DISTANCE OF 200 FEET TO THE SOUTH LINE THEREOF; THENCE EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 20 FEET; THENCE NORTH AND PARALLEL WITH THE WEST LINE THEREOF, A DISTANCE OF 31.29 RODS, THENCE EAST AND PARALLEL WITH THE SOUTH LINE THEREOF A DISTANCE OF 9 RODS; THENCE NORTH AND PARAlLEL WITH THE WEST LINE THEREOF A DISTANCE OF48.71 RODS TO THE NORTH LINE THEREOF; THENCE WEST ALONG SAID NORTH LINE A DISTANCE OF 19 RODS TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH ALONG THE WEST LINE THEREOF A DISTANCE OF 1165 FEET; MORE OR LESS, TO A POINT 200 F iET NORTH OF THE SOUTHWEST CORNER THEREOF, THE POINT OF BEGINNING, SUBJECT TO AN EASEMENT FOR DRIVEWAY PURPOSES OVER AND ACROSS THE EAST 20 FEET OF THE WEST 165 FEET OF THE SOUTH 200 FEET OS SAID SE 1/4 OF NW 1/4, ACCORDING TO THE GOVERNMENT SURVEY THEREOF. AND THAT PART OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, SECTION 32, TOWNSHIP 117, RANGE 23, DESCRIBED BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 313.5 FEET EAST FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 165 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 330 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 264 fEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 TO THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE ALONG SAID NORTH LINE 429 FEET MORE OR LESS TO ITS INTERSECTION OS A LINE DRAWN PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 FROM THE POINT OF BEGINNING; THENCE SOUTH t!j ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING EXCEPT THAT PART THEREOF DESCRIBED AS THE WEST 115 FEET S. OF THE SOUTH 378.78 FEET AS MEASURED ALONG THE SOUTHERLY AND WESTERLY LINE THEREOF. .... C" .... - ;> ---- . . CITY OF SHOREWOOD RESOLUTION NO. 95- A RESOLUTION GRANTING DEFERMENT OF SPECIAL ASSESSMENTS FOR THE 1995 WATER IMPROVEMENTS PROJECT WHEREAS, the Shorewood City Council has adopted Minnesota State Statutes 435.193 through 435.195 allowing senior citizens or retired and disabled persons who meet hardship conditions to defer special assessments for the 1995 Water Improvement Project; and, WHEREAS, the City Council has outlined the conditions constituting such hardships in Section 903.18 Subd. 7 (b) of the Shorewood City Code; and, WHEREAS, certain residents to be so specially assessed have filed application for such deferment and have been found to comply with all necessary conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the special assessments for the 1995 Water Improvements Projects, and the interest thereon, be deferred for the following residents: Name Roman Wartmann Pearl D. Lawrence Address 26750 Smithtown Road 25840 Smithtown Road PID No. 32-117-23-24-0002 32-117-23-14-0024 .Amount $5,000.00 $5,000.00 BE IT FURTHER RESOLVED that the above applicants shall renew their application annually no later than September 30, and that such deferment shall continue as long as the applicant continues to own and maintain homestead on the above property. ADOPTED by the City Council of the City of Shorewood this 28th day of August, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk r.. ',,- In p (~::-::----~~:::~\ '1"'\ i;=o II - " .::= ; ,Ii \\'i~~ L:= ~---' _" ,U\ \'1\ \1 -.-..' uI ts"y _-J APlX) August 14, 1995 CERTIFIED PUBLIC ACCOUNTANTS AND CoNSULTANTS Honorable Mayor and City Council City of Shorewood Shorewood, Minnesota . This letter will confIrm our understanding of the services we will provide for the City of Shorewood for the year ended December 31, 1995 . We will audit the general purpose [mancial statements of the City as of and for the year ended December 31, 1995. Our audit will be made in accordance with generally accepted auditing standards and government auditing standards and will include tests of the accounting records of the City of Shorewood and other procedures we consider necessary to enable us to express an unqualifIed opinion that the [mancial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. . Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confIrmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and [mancial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the [mancial statements and related matters. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the [mancial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the [mancial statements are free of material misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Member of American Institute of Certified Public Accountants Private Companies Practice Section 11\ EAST HICKORY STREET, SUITE l<J2 PO. BOX 3166 MANKAID, MINNES<JfA 56002"3166 iSOTl6Z')-2iZi FAX ijCIi) 188-9IN 204 EAST PEARL STIlEET ro. BOX H\ OWATONNA. MINNEsarA S14."'6.1.0-'45 (507l4S!-9136 FAX i;(l"/l 451-0794 1060 NOKrHlAND PLAZA 3800 WEST Il<JTH STREET MINNEAPOUS, MINNESOfA 5;431 \612383\.9090 FAX (612\ 8CJ6.;t>20 #3D ..-- City of Shorewood August 14, 1995 Page Two AP1X) ~ (:LI\ f1I'lFl' n 'I'll( -A..( X:\ J{ -\:T\\:T~ -\'1) C..:. )~;-;l UAi',.rr;-; We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your [mancial statements, but the responsibility for the fInancial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of accounting principles, and the safeguarding of assets. Our audit is not specifIcally designed and cannot be relied on to disclose reportable conditions, that is, signifIcant defIciencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or . ways that we believe management practices can be improved, we will communicate them to you in a separate letter. Our fees for these services will be based on the actual time spent at our s~andard hourly rates, plus travel and other out-of-pocket costs such as report production, typing, postage, etc. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Based on our preliminary estimates, the fee will not exceed $9,395 for 1995. The estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If signifIcant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. . Sincerely, ABDO, ABDO & EICK CertifIed Public Accountants (;7Gro~c~~ Minneapolis Office GAG:kls CITY OF SHOREWOOD RESOLUTION NO. 95- A RESOLUTION ACCEPTING PARK TRAILS AND PLAYGROUND SURFACING PROJECT, PROJECT NO. 94-9, AND AUTHORIZING FINAL PAYMENT WHEREAS, theCity of Shorewood has entered into a contract with Expert Asphalt for City Project No. 94-9, Park Trails and Playground Surfacing Project; and, WHEREAS, the Contractor has petitioned for fmal 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 28th day of August, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk -,./' ?t. HennepJDOpg~1ynty Jc1l11t" 1\1. BUlllt'\, C,)Ullt\ Adl111111'tf,lt')f August 9, 1995 _t __ iI', e ,;,:, -- n - --- - thi ~ "\_/7 '.:= ': \\///;= i"\ I ;1'-"1 '_h,_ j - 1=:1 \! ii;--: ,I', II I ; i ! - " :.': I, !. I~ u .~;- L:/ , j By '-- Mr. Jim Hurm City of ShO,6wood 5755 Country Club Road . Shorewood, Minnesota 55331 Re: Hennepin County Housing Rehabilitation Deferred Payment Loan Program ~_....._... Dear Mr. Hurm: Enclosed is the Repayment Agreement associated with Doris Sadek, 25850 Wild Rose Lane. Please have the document executed by the Mayor and yourself before returning it to this office for recording. Per your request, I have filled in the contracted loan amount on the Repayment Agreement. If there is a change to this loan amount during the course of construction, I will forward a Satisfaction of Mortgage and a new Repayment Agreement to you for your signatures. . Thank you for your assistance; If you have any questions, please call me at 541- 7081. Ka n n Senior Planning Analyst Enc Office Of Planning & Development Development Planning Unit 10709 Wayzata Boulevard, Suite 260 Minnetonka, Minnesota 55305 (612) 541-7080 FAX:(612) 541-7090 Rec:cled Paper /f3F _ -'r CITY OF SHOREWOOD HENNEPIN COUNTY REHABILJTA TION LOAN PROGRAM DEFERRED LOAN REPAYMENT AGREEMENT This AGREEMENT, made and entered into this 12th day of April, 1995, by and between Doris A. Sadek, unmarried, (herinafter collectively referred to as "Borrower"), and the City of Shorewood, a public body corporate and politic of the State of Minnesota, having its principal office at 5755 Country Club Road, Shorewood, Minnesota (herinafter referred to as "Lender"); and where applicable, the contract for deed vendor(s), remaindermen, or separated spouse not in possession joining in this Agreement at the place provided below: WHEREAS, Lender has paid FIFT1:er-.: Ii'taA-SAI0D 4 ~CO-Dollars ($ \5ICCC. 00 ), on Borrower's behalf as a no-interest . loan for rehabilitation work on existing residential housing owned and occupied by Borrower (hereinafter referred to as "the Loan"), the receipt and sufficiency of which is hereby acknowledged by Borrower primarily to improve the conditions relating to health, safety, and energy efficiency of said housing, or to provide essential accessibility improvements, said real estate being legally descibed below: and . WHEREAS, Borrower and Lender desire to set forth herein the provisions for Borrower's repayment of the Loan, and to provide for securing said repayment with a mortgage on the property described below (hereinafter referred to as "the Lien"), "-. NOW, THEREFORE, in consideration of said Loan the parties hereto do hereby agree as follows: 1. Borrower covenants and agrees with Lender to pay to the order of Lender the principal sum of the Loan, without interest, at the office of the Lender or at such other place as Lender may designate in writing delivered or mailed to the Borrower, upon the occurrence of any of the following events within the period of fifteen (15) years after the date of the Loan as set forth above: a. If the real estate hereinafter described is sold, transferred, or otherwise conveyed (whether by deed, contract for deed, or otherwise); and whether voluntary or involuntary, either while the Borrower is living or by reason of the death of the Borrower (excluding the transfer of said property by joint operation of law or devised to a surviving Borrower joint tenant or former tenant in common), for so long as said surviving Borrower, joint tenant, devisee or owner occupies said property as his or her principal place of residence: or . b. If the real estate described below ceases for any reason to be the Borrower's principal place of residence. , Absent the occurrence of the events set forth in paragraph 1(a) of 1(b), above, within fifteen (15 ) years after the date of the Loan as set forth above, upon the commenceement of the sixteenth year after the said date of the Loan, Borrower, at that time and at any time thereafter, shall have no obligation to repay the Loan or any part thereof to Lender. Repayment of the Loan as required under the terms of this paragraph 1 shall be made to Lender no later than the thirteenth day following the sale, transfer or other conveyance referred to in paragraph 1(a), above, or following the date upon which the real estate ceases to be the Borrower's principal place of residence as provided in paragraph 1 (b) thereof. 2. Borrower covenants with Lender that Borrower is eligible for the Loan under the following conditions: a. The property described below is the pincipal residence of the Borrower as of the date of the Loan, and the Broower has no present intention to rent the said property, or to sell, assign, or transfer the interest of the Borrower in said property to another; and 1. b. The proceeds of the Loan willi be used only for alterations, repairs, or improvements on or in connection with the property descibed below, primarily to improve the conditions relating to health, safety, or energy efficiency of the dwelling located thereon, or to provide essential accessibility improvements thereto; and c. Borrower has made no material misstatement of fact in connection with Borrower's application for the Loan. Borrower further specifically covenants and agrees with Lender that Borrower's default under the provisions of this paragraph 2 constitutes an event requiring repayment of the Loan in the manner provided in paragraph 1, above, and is an event of default under the provisions of the Lien, as referred to in paragraph 5, below. 3. As security for the Borrower's personal covenant and obligation for repayment as herein provided, and subject to the terms and conditions of this Agreement, Borrower hereby grants, and the Lender shall and hereby does have, a lien on the real estate hereinafter described, together with all hereditaments and appurenances thereto, in the full amount necessary to satisfy such repayment obligation and the cost, including reasonable attomey's fees of collecting the same. The said real estate subject to said Lien is situate in hennepin County, Minnesota, and is legally described as follows: . (SEE "SCHEDULE A" ATTACHED) 4. Promptly after the date of any sale, transfer or other conveyance of the above-described real estate within fifteen (15) years of the date of the Loan as set forth above, or promptly after the date upon which said real estate ceases to be the Borrower's principal place of residence within said fifteen (15) year perior, Borro~er or his/her heirs, executors, or representatives, shall give Lender notice thereof. . 5. In the event Borrower or hislher heirs, executors, or representatives shall fail or refuse to make a required payment within said limited time period, or otherwise in any way be in default under the terms and conditions of this Agreement, the Borrower confers upon the Lender the option of declaring all sums then owing by Borrower immediately due and payable without notice and confesses judgement in said amount, and hereby authorizes the Lender to enter said judgement, foreclose this Lien by judicial proceedings or sell the Iiened premises at public auction and convey the same to the purchasers in free simple in accordance with the satute, and out of the monies arising from such sale to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorneys fees permitted by law, which costs, charges and fees the Borroer herein agrees to pay. The Borrower and Lender further covenant and agree as follows: a. Borrower shall be fumished a conformed copy of this Agreement at the time of execution or after recordation. b. Upon default of any covenant or agreement by Borrower under the terms of this Agreement, Lender prior to foreclosure shall mail notice to Borrower as provided herin specifying (i) the nature of the default by the Borrower, (ii) the action required to cure such default, (iii) a date, if such default is capable of being cured by Borrower, not less than thirty (30) days from the date the notice is mailed by Borrower by which such default, if capable of being cured, must be cured; and (iv) that failure to cure such default on or before the date specified in the notice may result in acceleration of the sum secured by this Lien and sale of the Iiened premises. The notice shall further inform Borrower of the right, if any, to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of the Borrower to acceleration of sale. 2. c. In addition to any notice required under applicable law to be given in another manner, (i) any notice of the Borrower provided for in this Agreement shall be given by mailing such notice by certified mail addressed to the Borrower at the address of the Iiened prmises, or at such other address as the Borrower may designate by notice in writing to the Lender as provided herein, and (ii) any notice to the Lender shll be given by certified mail, return receipt requested, to Lender at the address of the City on page 1 of theis Agreement, or to such other address as Lender may designate by notice in writing to the Borrower as provided herein. Any notice provided for in this Agreement shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 6. The Lien created by this Agreement shall terminate and shall be of no further force or effect in the event lender has not, on or before April 12, 2010; (a) commenced an action in the manner provided by statute for the foreclosure of the Lien, and (b) filed for record a notice of said action, or a power of attorney to foreclose mortgage, or a lis pendens referring to the same, in the office of the County Recorder or Registrar of Titles, as the case may be, in Hennepin County. Lender may, in its solde descretion, extend said termination date of said lien by filing for record on or before said termination date, an agreement with Borrower or his/her heirs, execurtors, or representatives evidencing such extension. 7. In the event that the property described above is subject, as of the date of this Agreement, to one or more contracts for deed (hereinafter collectively referred to as a "Contract for Deed"), Borrower specifically covenants that the vendor or vendors, as the case may be, of the Contract for Deed (hereinafter collectively . referred to as the "Contract Vendor"), has executed this Agreement at the place provided below. The execution of this Agreement by the Contract Vendor shall and hereby is deemed to be for the purpose of establishing and continuing the existence of the indebtedness described herein and the Iiwn granted herein. Accordingly, it is specifically agreed that the Contract Vendor shall no be personally liable by reason of any default which may occur in the performace or by reason of the non-performance of any of the terms. of this Agreement to be performed by the Borrower; and that the Lender shall not seek or be entitled to any personal juedment against the Contract Vendor by reason of any default hereunder, and that the sole remedies of the Lender in the event of any default as against the Contract Vendor shall be to proceed against the real estate described herein in the manner provided in this Agreement in order to subject it to the repayment of the Loan. Notwithstanding anything to the contrary contained in this Agreement, in the event that the property described above is subject to a Contract for Deed, it is further agreed by the parties hereto as follows: a. The conveyance of fee title by the Contract Vendor to Borrower upon fulfillment of the terms and conditions fo the Contract for Deed, and the sale or conveyance by Contract Vendor of the vendor's interest in said Contract for Deed, shall not be events giving rise to repayment of the Loan under this Agreement. b. In the event Borrower desires to obtain first mortgage financing to meet Borrower's obligations under the Contract for deed referred to in this paragraph 7, Lender hereby agrees to subordinante . the lien created by this Agreement for its benefit to said refinancing first mortgage lien, and to execute any and all instruments required to effectuate said subordination. c. This Agreement constitutes an amendment to the Contract for Deed referred to in this paragraph 7, to the extent that it subordinates said Contract for Deed to the Lien herin created and granted, and the parties herto agree that any conveyance by Contract Vendor of the prmeises described above shall be suject to said lien for so long as the Loan is unpaid and outstanding. 8. This Agreement shall run with the forementioned real estate and shall inure to the benedit of and be finding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. whereever used, the singular number shall inslude the plural, and the plural the singular. all covenants and agreements of the Borrower shallb e joint and several 9 In the event that any proviision or clause of this Agreement shall conflict with applicable law, such conflict shall not affect the other provisions of this Agreement which can be given effect without the conflicting provision, and to this end the provisions of the Agreement are declared to be severable. 3. " . IN TESTIMONY WHEREOF, the parties herto have executed this Agreement. '--"" -' /' " A '. .~.f 'I'.' '_-:'(_~"_ !__<. . }~;,.,t.i. \....... Doris A. Sadek, Borrower CITY OF SHOREWOOD Robert Bean, Mayor City of Shorewood James C. Hurm, City Clerk-Administrator City of Shorewood STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . On this day of , 1995, before me, a Notary Public within and for said County, personally appeared Robert Bean, Mayor of the City of Shorewood, and James C. Hurm, City Clerk-Administrator of the City of Shorewood, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed same as their free act and deed. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN ) On this /2 TH day of -A-PI!.., L- , 1995, before me, a Notary Public within and for said County, personally appeared Doris A. Sadek, an unmarried person, to me known to be the person described in, and who executed the foregoing instrument, and acknowledged that she executed same as her . C:;;Z~d ~~d. flrrJA _ ~~= Notary Public KAREN C BARTON NOTARY. MINNESOTA HENNEPIN COUNTY MY COUll EXPIRES 1 -11 . Clll 4. ..... . '~, SCHEDULE A Doris A. Sadek All that part of the West 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 32-117-23, described as follows, to wit: Beginning at a point 248 feet North and 25 feet West of the Southeast comer of said West 1/2 and measured parallel with the East line and the South line of said West 1/2 respectively; thence Northerly . and parallel with said East line a distance of 255 feet; thence Westerly and parallel with said South line a distance of 194 feet; thence Southerly and parallel with said East line a distance of 255 feet; thence easterly and parallel with said South line a distance of 194 feet to the point of beginning; together with an easement for the purpose of ingress and egress from said property over the Easterly 25 feet of said West 1/2 and extending Northerly along said East line of said West 1/2 a distance of 503 feet from the Southeast comer thereof. . -- CITY OF SHOREWOOD RESOLUTION NO. 95-_ A RESOLUTION REQUESTING A SPEED ZONE STUDY ON SHOREWOOD OAKS DRIVE AND OAK LEAF TRAIL, PUBLIC STREETS IN THE CITY OF SHOREWOOD WHEREAS, it has been brought to the attention of the Shorewood City Council by residents of the Shorewood Oaks subdivision that a special hazard may exist due to the configuration of the streets in the subdivision; and WHEREAS, the present speed limit on Shorewood Oaks Drive and Oak Leaf Trail is 30 mph; and WHEREAS, the City Council believes that, due to the configuration of the streets, this speed limit may be unreasonable and unsafe under the existing conditions; . NOW.THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood: 1. That the City Council of the City of Shorewood hereby requests the Commissioner of Transportation to authorize an engineering and traffic investigation to determine whether the speed limit on Shorewood Oaks Drive and Oak Leaf Trail should be lowered. . 2. That the Commissioner authorize the erection of appropriate signs on Shorewood Oaks Drive and Oak Leaf Trail designating the speed limit thereon to conform to the results of the investigation. 3. That the City Administrator be authorized to forward a copy of this Resolution to the appropriate office of the Minnesota Department of Transportation for followup and response. ADOPTED by the City Council of the City of Shorewood this 28th day of August, 1995. Robert B. Bean, Mayor ATI'EST: James C. Hurm, City Administrator 3& a" '_ CITY OF MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364.1687 (612) 472-0600 FAX (612) 472-0620 SUBJECT: 1996 FIRE CONTRACT BUDGET PROPOSAL August 4, 1 995 TO: FROM: ALL FIRE CONTRACT CITIES ~L ED SHUKLE, CITY MANAGER . Enclosed is the 1996 Fire Contract Budget Proposal. It follows the same format and approach as used since 1982, with the exception that we are now using market value instead of assessed value. The Capital Outlay includes the following: 1 . Office equipment 2. Gear washing machine The office equipment includes two 2 drawer file cabinets and related items. The gear washing machine will serve the purpose of maintaining equipment. . In the 1994 budget, we discussed the need to replace the Mack Engine #12 and the old tanker that the department has had for many years. We estimated the cost at $250,000. We have been setting aside monies in the fire truck repair account since 1991 for this purpose. For the 1994 budget, we thought that d pumper and a tanker in one unit was the best way to proceed. In the 1995 Fire Contract budget proposal, I noted that when Steve Erickson became the Fire Chief on January 1, 1994, he instructed the truck committee to continue to look at options regarding the replacement of the pumper and the tanker. The truck committee determined that a new pumper and a tanker could be purchased for about $250,000. In the 1995 budget, the Fire Department proposed just that and $250,000 was the estimated amount used for purpose of purchasing this equipment. I noted in the 1995 contract budget proposal that the financing approaches were open for discussion. The City of Mound could advance the cash needed to be paid back over five years at a specified rate of interest, or could borrow the funds necessary at the 1 @ printed on recycled paper #311 Memo to All Contract Fire Cities August 4, 1995 time of purchase and charge each city accordingly. I noted in my previous communication to you, that the projected fund balance of the Area Fire Service Fund on 12-31-94, was estimated at $152,533 and would be $182,533 by 12-31-95. I had further stated in that communication that we would need to raise an additional $70,000 to $100,000 in order to purchase the two vehicles. We were able to go out for bids this spring on the new pumper truck. The total cost is $204,950. Steve Erickson, Fire Chief, still believes that we can get the tanker replaced for the remaining amount to come in under the $250,000. This tanker replacement has been referred to the truck committee for study. They will be bringing a recommendation back in the near future. The pumper truck mayor may not be received in 1995, so we still are uncertain as to whether we will be spending the balance of the pumper truck bid in 1995. We are setting aside $30,000 in the fire truck repair account, as we have since 1991. Therefore, the financing approaches are still open for discussion as it relates to the tanker replacement. We will keep you advised as to our decision as it relates to this matter. . We have again reviewed the annual increase for the Fire Relief Association. From 1982 until 1992, we have been collecting a 10% annual increase for this purpose. In the 1991 budget, we reduced the annual increase to 4%. In the 1992 budget, we again included a 4% increase. For 1993, a 7% increase for the fire pension contribution was approved. For 1994, a 4% increase in the contribution was approved. For 1995, we had a 4% increase approved in the contribution. For 1996, we are proposing a 4% increase in the contribution and an additional 2% in the contribution to address the unfunded liability issue that has been discussed within the actuarial report that the Fire Department had prepared as of 1 2-31-94, and within the annual financial report as of 12-31-94. The Fire Department would like to have a pension benefit increase as soon as possible, however, I am recommending that an actuarial be completed as of 12-31-96, with a possible pension benefit increase for 1-1-97. The current pension benefit is at $425 per month. . We have indicated to the Fire Pension Board that we want to be able to provide a fair and equitable pension benefit to our firefighters and to maintain an incentive to attract new candidates to the fire department. However, we also emphasize that all of the cities in the fire service area are striving to hold the costs of government down and that we must be realistic with each other as we prepare our budgets. As an offset to the pension program, I have recommended for approval, a 50 cent per hour increase in the hourly rate that is paid to the firefighters and officers. Since 1984 the hourly rate has been at $6 per hour. Effective 1-1-96, that rate will increase to $6.50 per hour. 2 ,,' . . . Memo to All Contract Fire Cities August 4, 1995 The Fire Department is very proud of their equipment and the service that they provide. The City of Mound is proud of having such a dedicated group of individuals who volunteer their time for the safety of all of the citizens in the fire service area. Please review this information and the proposed budget and contact Steve Erickson, Fire Chief, or myself if you have any questions. cc: Steve Erickson, Fire Chief ES:ls 3 . A - MARKET VALUE 1995 1995 1994 1994 VALUE PERCENTAGE VALUE PERCENTAGE MINNETONKA BEACH 81079500 9.03% 74814500 8.91% MINNETRISTA 122774000 13.67% 111436700 13.26% ORONO 233882500 26.04% 221110900 26.32% SHOREWOOD 19503100 2.17% 17893200 2.13% SPRING PARK 57810400 6.44% 55946900 6.66% MOUND 383072600 42.65% 358908400 42.72% --------- --------- --------- --------- 898122100 100.00% 840110600 100.00% B - FIRE & RESCUE CALL HOURS . 1994 1993 1992 MINNETONKA BEACH 453 * 3.58% 240 1.98% 368 3.46% MINNETRISTA 1214 * 9.61% 1331 10.95% 1216 11. 42% ORONO 1344 * 10.64% 1222 10.06% 973 9.14% SHOREWOOD 134 * 1. 06% 195 1.60% 187 1.76% SPRING PARK 1592 * 12.60% 2038 16.77% 1884 17.70% MOUND 7900 * 62.51% 7124 58.63% 6016 56.52% ------ ------ ------ 12637 * 100.00% 12150 100.00% 10644 100.00% * The total Mutual Aid hours in 1994 was 236 (down 28 from 1993) . Each city was allocated 39 hours for Mutual Aid calls. C - COMBINATION OF MARKET VALUE AND FIRE CALL HOURS . MARKET 3 YEAR VALUE AVERAGE FINAL PERCENTAGE FIRE CALLS PERCENTAGE MINNETONKA BEACH 9.03% 3.01% 6.02% MINNETRISTA 13.67% 10.66% 12.17% ORONO 26.04% 9.94% 17.99% SHOREWOOD 2.17% 1. 47% 1.82% SPRING PARK 6.44% 15.69% 11.06% MOUND 42.65% 59.22% 50.94% --------- -------- ----- 100.00% 100.00% 100.00% 1996 BUDGET BREAKDOWN ---------------- RELIEF FIRE DEPT ASSN TRUCK 1996 1995 BUDGET CONT REPAIR COST COST ------ ------ -------- ------ ------ MINNETONKA BEACH 16701 5138 1805 23644 22660 MINNETRISTA 33769 10389 3650 47808 47003 ORONO 49943 15365 5398 70706 65896 SHOREWOOD 5060 1557 547 7163 6443 SPRING PARK 30709 9448 3319 43476 41813 MOUND 141388 43498 15281 200167 182015 ------ ------ ------ ------ ------ 277570 85394 30000 392964 365830 e ------ ------ ------ ------ ------ ------ ------- ------ ------ ------ AREA FIRE SERVICE FUND BALANCE BALANCE JANUARY 1, 1995 1995 REVENUES 181396 285330 ESTIMATED 1995 EXPENDITURES eSTIMATED 1995 FUND BALANCE ADD 1996 REVENUE -460280 6446 307570 LESS 1996 EXPENDITURES -277570 PROJECTED BALANCE DECEMBER 31, 1996 36446 ====== 1996 BUDGET REC.~P OPERATING COSTS CAPITAL Ou~LAY (FIRE TRUCK REPAIR) FIREMAN'S RELIEF PENSION TOTAL 1996 FIRE COSTS 1996 COST BREAKDOWN FOR EACH CONTRACTING CITY MINNETONKA BEACH 392964 X 6.02% MINNETRISTA 392964 X 12.17% ORONO 392964 X 17.99% SHOREWOOD 392964 X 1. 82% SPRING PARK 392964 X 11. 06% MOUND 392964 X 50.94% TOTAL 100.00% AREA FIRE SERVICE 1995 COSTS ORONO (18.0%) SPRING PARK (11.4%) 277570 30000 85394 392964 ------ ------ 23644 47808 70706 7163 43476 200167 . 392964 _._---- ------ SHOREWOOD (1.8%) MTRlSTA (12.9%) . MOUND (49.8%) MTKA BEACH (6.2%) AREA FIRE SERVICE FUND RECAP OF COSTS BY CITY 1996 1995 1994 1993 ------ ------ MINNETONKA BEACH 23644 22660 22280 23472 MINNETRISTA 47808 47003 44791 44100 ORONO 70706 65896 62489 65648 SHOREWOOD 7163 6443 5122 4585 SPRING PARK 43476 41813 38782 35338 MOUND 200167 182015 174128 175482 ------ ------ ------ ------ 392964 365830 347592 348625 ------ ------ ------ ====== ------ ------ ------ . AREA FIRE SERVICE 1996 COSTS ORONO (18.0%) SHOREWOOD (1.8%) . SPRING PARK (11.1%) MTRlSTA (12.2%) MOUND (50.9%) MTKAB~CH (6.0%) FIRE DEPARTMENT 4170 --------------- 1993 1994 1995 1996 CODE ACTUAL ACTUAL APPROVED PROPOSED -------- -------- -------- -------- 1370 CHIEF'S SALARY & OFFICER'S PAY 25821 25425 28000 28000 1380 DRILL PAY 7429 7534 8000 8000 1390 MONTHLY SALARIES 73159 76116 71000 95000 1440 FICA/PERA 2460 2396 3000 3230 2100 OFFICE SUPPLIES 402 848 750 750 2140 COpy MACHINE & FEES 140 129 250 200 2200 OPERATING SUPPLIES 19527 16649 22000 22000 2210 MOTOR FUELS 2944 2169 3000 3000 2230 CLEANING SUPPLIES 360 593 400 500 . 2270 SAFETY SUPPLIES 1585 1173 2000 2000 2280 FIRE PREVENTION (FIRE INSPECTOR) 1527 860 2500 2500 3100 PROFESSIONAL SERVICES 36 0 0 100 3140 MEDICAL SERVICES 1770 1695 3000 2200 3190 GENERAL MAINTENANCE 14004 14004 14000 14000 3200 PAGERS - FIRE DEPT. 2738 2159 6000 3000 3210 POSTAGE 85 162 150 200 3220 TELEPHONE 2927 2533 3000 3000 . I 3500 PRINTING 46 25 200 200 3600 WORKER'S COMPo INS. 10922 10722 15590 17370 3610 GEN. LIABILITY INS. 14330 13879 16540 16370 3710 ELECTRICITY 5346 5555 5500 5500 3720 GAS SERVICE 4592 4002 5500 5500 3750 GARBAGE 1037 1017 1100 1100 3820 OTHER EQUIP. REPAIR 5062 4266 7500 7500 3830 BUILDING REPAIR 2779 4942 7000 7000 . " r DEEPHAVEN EXCELSIOR GaOOD LONG lAKE MEDINA MINNETONKA BEACH MINNETRISTA ORONO ST. eACIUS , SHOREWOOD SPRING PARK TONKA BAY VICTORIA WOODLAND L~~~ LAKE MINNETONI<A COMMUNICATIONS COMMISSION 540 SECOND STREET. P.O. BOX 473. EXCELSIOR, MN 55331-0473 612.474-5539 · FAX 612.474-0430 August 21, 1995 Mayor Robert Bean and City Council Members City of Shorewood 5755 Country Club Drive Shorewood, MN 55331 Dear Mayor Bean and Council Members: The Lake Minnetonka Communications Commission (LMCC) passed the enclosed budget for 1996, at its last full LMCC meeting on August 15, 1995. As-I have done over the past few years, I have scheduled a timed item on your council agenda to spend a few minutes giving an update on Commission activity and seeking city council support for the next year's budget. It is important to remember that this budget is not funded with tax dollars, but rather a cable company franchise fee paid annually to the LMCC. I look forward to appearing before you and answering any questions you may have regarding cable company performance, Congressional changes in telecommunications and proposed action at the 1996 State Legislature. Regards, Lake Minnetonka Communications Commission ~~~ James W. Daniels Administrator JWD/cl Enclosure cc: Commissioner J. Foust J;bS , . Approved 1995 INCOME Franchise Fees Back Advertising Interest $128,349.77 2,100.00 3,500.00 LAK~,MINNETONKA COMMUNICATIONS~MMISSION ... 1996 PROPOSED BUDGE.., Proposed Proposed .% Change 1996 Change + 5,650.23 2,100.00 0.00 $134,000 o 3,500 $133,949.77 + 3,550.23 , OPERATING EXPENSES Administrator, Access & Office Staff .. 72,800 Secretarial Servo 660 Payroll Taxes/PERA 9,450 Travel Expenses 1,810 Health Insurance 5,000 Legal Fees 5,000 Insurance/Bonds 5,400 LMCC Accounting/ Annual Review 1,700 Conf., Schools & Conventions 6,300 Office/studio Supplies Janitor Service and Supplies 4,000 Membership Dues/ Subscriptions 1,500 $137,500 + 2,400 75,200 + 3% + 20 680 + 3% o 9,450 0% + 95 1,905 + 5% + 150 5,150 + 3% o 5,000 0% 0% o 5,400 + 50 1,750 + 3% o 0% 6,300 . . o 4,000 0% o 1,500 0% Approved by the full LMCC 8-15-95 .., Description . . '! ~.'. .:'j .} Payroll for Admin., Prod. Coord., PT Prod. Asst. & Admin. Asst. Payroll services PERA & employer w/holding contrib. LMCC visibility at all cities, MACTA and errands Amt. attributed to emp. health ins. :;r Rate reg./franchise legal counsel Workers Comp., Dishonesty Bond, Property Liability Bookkeeping & annual audit ~ NATOA, MACTA, NFLCP Normal office/studio supplies, copy machine agreement @ $30/mo. & janitor service and supplies 1 A ..J ~ NATOA, MACTA, magazines, and 3 local Chambers of Commerce . , ..1 '\ .5) " ,:j ", 'f . " V. 'l'll:<' ,'.' \'C'., , t,,:'I:; . t".. "" l:, ' rN;" I:" : ,~~! of i:\: ". : I ~' !' -, LAKE ~NETONKA COMMUNICATIONS C~ISSION ~96 FROPOSED BUDGET - Continued Page Two ~ Description Monthly charges/answering servo LMCC agendas/correspondence, & PO Box Rental varies 4 Qtrly newsletters to all interested cities, direct mail promos, Triax bill stutters & AnnualCh. 21 Awards otfice rent & bank box Increased hours on equipment will create need for repair Based on 6.5\ of taxable purchases ':. ; . .,' 'I i I"~ ,.l.~ t,(~ t.,., "I ';" ; ~ . ,', -I,." .'j ~-: :. -',: ~ : ",. ~',l. i:'d . , ,. \\ ..".. SPECIAL FUNDS Capital Funds Tape stock Tech/Financial Rate Audit studio Equipment Legal Fund Office Equipment Access Equipment Approved 1995 o 300 2,000 o 100 1,000 4,000 Access/Development 11,809.77 Contingency Sales Tax SPECIAL FUNDS SUB-TOTAL OPERATING FUNDS SUB-TOTAL GRAND TOTAL o 600 . . LAKE MINNETONKA COMMUNICATIONS COMMISSION 1996 PROPOSED BUDGET - continued Page Three Proposed Change o o o o o + 500 + 1,000 809.77 o o $ 19,809.77 + 690.23 $133,220.00 + 3,095.00 $153,029.77 + 3,785.23 Proposed 1996 300 2,000 100 % Change o 0% 0% o 0% 0% 0% 1,500 +50% 5,000 +25% 11,000 600 0% o 0% Description . I Replacement of videotape for prod. Future audit if needed Future unforeseen' legal expenses Replace office computer Cameras, porta-pack, misc. for an eighth city council meeting Coverage of 8 city council mtgs, film development, DeWolf Audio "i Based on 6.5% of taxable purchases $ 20,500.00 + 3.5% 0% $136,315.00 $156,815.00+ 2.4% :..,,\ ;(~ MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927 . (612) 474.3236 MEMORANDUM . TO: FROM: DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 30 July 1995 Scheurer, Kurt - C.U.P. for Accessory Space in Excess of 1200 Square Feet 405 (95.24) BACKGROUND Kurt Scheurer proposes a significant expansion of his home, located at 26930 Edgewood Road (see Site Location map - Exhibit A, attached). A large portion of the project is an attached, 3+- car garage, the area of which - when added to existing accessory space - exceeds 1200 square feet. . The property is located in the R-INS, Single-Family ResidentiallShoreland zoning district and contains 43,310 square feet of area. The existing home plus the addition contains 3028 square feet of area on the first floor. The second floor will have 3469 square feet An existing detached garage on the property contains 452 square feet of area. The new garage measures approximately 26' x 47' and contains 1174 square feet for a total of 1626 square feet of accessory space. The following exhibits are attached: . Exhibit A - SITE LOCATION . Exhibit B - PROPERTY SURVEY . Exhibit C - SITE TOPOGRAPHY . Exhibit D - FIRST FLOOR PLAN . Exhibit E - BUll..DING ELEVATION - FRONT . Exhibit F - BUll..DING ELEVATION - REAR (LAKE) . Exhibit G - BUll..DING ELEVATION - EAST . Exhibit H - BUILDING ELEVATION -WEST IA A Residential Community on Lake Minnetonka's South Shore . . \ Re: Scheurer, Kurt C.U.P. for Accessory Space 30 July 1995 ANAL YSISIRECOMMENDATION Section 1201.03 Subd. 2.d.(4) of the Shorewood Zoning Code provides four criteria which must be met to grant a C.U.P. for accessory space over 1200 square feet. Following is how the applicant's request complies with the Code: 1. The total area of accessory space (1626 square feet) does not exceed the total floor area above grade of the principal dwelling (6497 square feet). 2. The total area of accessory space does not exceed ten percent of the minimum lot size for the zoning district in which it is located (.10 x 40,000 = 4000 square feet). 3. Existing and proposed structures comply with the setback requirements of the R-INS zoning district. What is not known as of this writing is the percent oflot coverage which will result from the proposed addition and the new driveway required to access the garage. As a condition of approval the applicant should be required to provide a revised survey showing the proposed driveway and existing and proposed lot coverages. 4. Since the new garage area is aI;l integral part of the principal structure, architectural character is not considered an issue. . Based on the preceding, it is recommended that the C.U.P. be granted subject to the applicant demonstrating that proposed lot coverage does not exceed 25 percent of the total lot area. cc: Jim Hurm Tim Keane Kurt Scheurer - 2 - _ 5 "i) (14), --' -":''' ,4 ,r -~-" (2) -:-... ;.~ .. ~ .-i.j.(; .. - _____l_~____________________________________ (3) 991" 957..1 ..;~ iii~ ...... :..... , ( 12) ~t~ "..: . ~cc ~ ~\. 3 "'6. 43 I , .... \Jt l S 000 1 '...n rs ",A('I' I. ( 11) LAK... ~i"~OI\M (SEE 5ll:TllJI FClDfll l1Il Il€UILSI - . - ..... r:- - ,Su~ject~~S~e : ..... --... AWf = ;) , , ( 1) ( 2J ,," .,,: :& , . ,- , . . . , I~ J ;, ..,... ~ {..' L ( 51 .. ~ ( IOJ L~ (') ~ ': ~ I I 'OIl 'OIl -. ~I ~ :-:' .. ...... _" i A (II) (1) ~ ~ ~ ~ v, ~ (9) ... ~ ....::. '&:. -l:., ~.. 5 ~ (/'1..) . . ~ (8) .0- NORTH 0U1I.01 I ( 15) ~ Not -to ~c.4.1e.. 13'.1..55 ..~.'I. ... . Exhibit A SITE LOCATION . . "- I l' !::..lo^t~' ~'1 '.7 -. ~ ,:t ::l N ~1t'H,,,'J(J ,'.. ~ 'It corr......A~<'''T...,~ ;t Q ~ J~:io- 0'" .---- :f.:r."'. ;n ~ '!! '" ...: .0 .~ .:. .. "1....-- - ..;.. 1,,- ," '" --~ \-.~\<.€. N\ \N l'\ €.10l'\ \<.tt. qzq,j. ~""to"'" lir1e" ~~~._eD__----- .-- . --- .-" ~_.- !'.1.!'OZ~oJ:' ..__' 'Jorl~rl' . ~F l.D1 t.Yp~-<f':;i~r;,o:,1:-;t /in.. '" '" ~ . --.--. II.. ...) ':".L;11"IO,J * ,,\ ... Ii.' " t :i I ~.q ,I I .0.: I I " .' ~ . ~1-'" ~_j I , ';i;-;; ~i \ ! ;...~I Llo,.S ..:f.!f I I I .... DO. -r.o,1 . '.J 'f.,::: . " l! .,. .~ '. ... W...., line "f Lot 2 per'd..seript'l>r'/ 8 ... ~ I I I. ...J --- :? tn '" ~ '. .s"...II...-( nf L~' 2 Y,.;:f'C(f!=,"ep of w' . d".~..r.rlphon~'!Jf hr.". ." <> <ti .... -~ zo.)' . 70/' .. , \ .....--~..~ .... . We.f ZZ.75 -- ., ~ ~ ~ ~ oi '" ... ... .. .. ._ "'fI" fin.."f A j bo...J upo "Sub. NO'.' n e..'r.h~ ",nnvmenf + .,. '" ;;; .... 0- .. VI 8 ;.t Exhibit B PROPERTY SU RVEY \ I I ^'" ^/t) I..J" . a.'" r---, I /' r~ ~ I ~~ \ ~ f~ \ 0 / . \:~QlD\ / / \ J / t>,'" I iil f"~ I J \ /' IV v-;-\ / !otf' ^ 0.&,0 I \..{2' /' 1..t1''' \ : '" '!:J A, 1>-'" ./ .p f '- ~ ~ ~""",. ~ ~ / ~ / ~ $ ~ -1--_1--_-",-_~~ .,'" __ __ ~ "'-- e..~e.. O<::-f .~""'.C> ~tJo'b'?:J .~.,.."~ E.D~ \.JOO D ..#7"'::- ROA Exhibit C . -- <i:. Il.o~O 1."!::o ':T'~~1e..I..J2..0 SITE TOPOGRAPHY , ~' '" , , . "V /#' .... ~ .. vi '" . ., ...t:' *' ~~ E. x I ~ ':T' IN'" J.4Ov'bE lo;'T C:l..Ori"" ~." .,.~o .,. 0\ ~"Y' I' 1/'1 1/'1 - , I I ~ N o N ,'!'1 ",P' + . ~\;---- .. ,/ .. "'. .J- , . I ..---------- - ~ 1/1' ..~ ... ---- -- , toft; ... +- J q]' ...'" 1" , .,." '" ... " "q, '" .... " ^~ ,,'" ",,,,,,~ ..,. ./ / ," "'~+ ",'!J ~ ... .'_ 1-0.<;"'1 -__, ------. . to .... .. ... ^'Y " or ..- iO.i;o-.:-, . rP ell !: - "--gf- Q Q I -~6r,~ h) i ~- ~ ~~".._---_/ ijl t ~S , '":>'\<.."" : "," 'S ~!:~ ,.,,, - & ' .' : E =-. _ . _ "" · ~~ - -- =~=-= I ~ IQ .' r ~ I ~ ~, ~ t>=! oil ~ li,5 lag ~ I tI' 13' lJ ,I' :,lJ&.)i ~-"M. ,2 , . .:~-~.,.; . rj;- ~" ~ ;~:r!! ~ II I ~ I .~ s:j ~ l!~ .....tl , ttjo ~" ~, '.::: a ,i ~'~; - Ie ~ g 1111' ; ~ ~ ltii;. ~ 11'd I ' ~I G ~l'll' llv-fi ~.~ ~!~..,/ ~~i ~1~1 '~-<:"'z. ' ' '~ ~ ,iI' f~ '].f ' ,~~ i. =~~f I .' ' - ! i ~ I ; '~ , I; -~ r .ll-'j , f~!/ "~~:~~ I fL'f'lll;:'~ CI., ,. 'I I J11 , ,..... .?'C:-Z, ~,i,l ill "_ ='~I=.\l :.,)1:1, '--- '! .., i~;t, . it I . i ~I . ~i . "-/ .ul !i1i I~ !~I '''- '01, I~ ... I" .~ <- I -II ,~ I;~! , i! I' ~, ~I./j i J i: I fi~ i ~l~ ~ ~12 'i '" "{ I.. I'~ 1 Il. I~ .., IJ '.. < 13 J!"o'ft.. ..,~. "~';..o..L~ :;.:~-~~.. ~ -' if I ill I,i -Ii :!I liJ f'J !i " ;1 .' II \-"l { jl.' "'! "hl -..) :: ;r;~ (""( :' :,:rl 'i a J 1 '~l it ; I II, i ~ ~ 1 'J Ii, Itt 1;,1 -!I Exhibit D FIRST FLOOR PLAN jj .:;J :2' :ij. ;oi': 1,)'" '. si ..., ' Zl' ,i I; 'll L . _ ":~ J'.. . ~,'_: I""'~ "'.J~ / ~I"',';l I' 11-- - , ~ f : , \\ i .) /1 ,~ \ ~ . . 1. ;'i I ; 'J; ! ,~ ; '".; : ._,' ! '1 ,i \- I" :, ~ . ~q :l ~. :J." .;,. ~ ~:I ;_ J ~:; ,->, ~:!:.I-- 5 . ~~,!~~' "-~ -- -- g ~~(~~11! (' L+~i ~ !~->L~~;~ II ~ 00' ~ I l:), ' r'-~!I" I ' r---l I I, Pi ~--z:::: __ iiJJm I '!~ ~ ~ g! --. ~ uP 1'1 ! ., -'-'--~ I ~ ~:I 3fI~~~!~ ii' -. l E:'/ ' ilP- .~ I ~ r~] ; II' ~L ' , , ,t _ ,I Ji ij I fJ , _d , ,1 , ' "':1 ~!: F11 ~~li~i:: JI " ~-~I nl,~-r-~" I 'l ~I :li~l- H-hlf~1 j 1'" r I : - , ,:.: -t.- --t_l-._...~ ;,' -I' - ~~ ~ ! .1 -/'....7.t "I'! ; , ,~-'_.; I ! 'I' -L J 1 . 1 I !I ~r~:';' :' I '~I I: +--r--;- I I': -' ) -, I: ,--," ! :i ~"I L Exhibit E " :! J-=8j _ BUILDING ELEV A TION - FRONT .' -' G-J c: i .;,.! I i :j; , \ I , i / / / / I \ .\ \ t - ,. ." '1 ,~ 7 :d , ~! <il , f) .u '. ::-.~ J'\ '= i . 111-' \ OJ--- \ t J---. ,'1 { ill~r- 'in:1 'II:" ! i ": II Ie', ,I ,.1, ,J !" : , ! , I 1,1 il, II! Ii! I! III !II r-,' - --', I ~;--_ -._ ---~-lij J L~.:' !:. 1//1 .-. : .." I If 1- -:---r---r'l~ n, '------. .-. ~.- \~ p...; .; -~-,. P; ) L 'I~-~~~~J I IF=--==:;-j Ii' . , ... " ;~~:2i i ' 1 ~. L _!"--J --11 ! _ t ", . : i I / I / / / I . I I: 1.9 i: i -", I~ I.~ V) \) .S ~ ;-. ~ lJJ i ('I ~ ~I ,,1 ' [l -1--- --------- CLTlir V ~,:_-T;~li ~- -, II - '.. , ; , 'I ~, ........_~. ~~ ~; --.. ~.~.~~i ii' ~' Ij'- :,-=-: I :.;'" .' - :..r-. ---' I' ~~ ,~..' -~~ ~-:-:-l I! iP , ,--- ; ,--.! II I !5 ': . ' .,;,; -1: lei ,I ' '. ~-- ! I ',~I , ,._,--" , ",' " ,.,. . .'!'.' ._. , ':' I . ., , I i~~ ; L._ --_.', l~ ! ;BI is :0 l;~: ::I, :l 'J 'I" I I- I~: ; ~ ~ -, ~ ,~: [' I U ..J. 1M: 1;:; <() HI.' ,~ ' I f '~'-~--I . In ; I ,I , . . 'J I ' :; I L.__: " -----I I ~B~ i , i :: , ' ! ~ !; o z I,! ~5 u . 'l\ iH-t --- /ll~ --. -1/ II III f 4~~": "."",~ 1/ Ii""" , I', i . .;...cf:~ , II -t .-t.t:tJ iJ-' '.. \liL '- - ,,-- : 'I:.- . " II o \\ .1 -(j ~\\ I I :'i \~ t, !I t ,u- n I ~ I- ---r'j ";/ , I [' , I f I J '! '. " J I ,~' i I' , I ~ _;1-; ; '_I I ' I 'r=-, '..==1 , ' I" II il , Ii I' I I I I II J I I I I -. , -u I II ~ I -, L, - . ,,- '.j i I I i' . . I' '~_!, :1' J: _...L.. _ . , . ...;i 1-:' ,. ; . >-} ~3 I .. ... _._. f I \-'1 :;~ -, il:> "Il'~ . <:/ I ;: I , ..; 'I :.: II :': I ! " : 1 II :I~ , .. '.1 ;) ','i -\. \~ ,\ ~ ([, '\- i ( " :1"f~,~I; nr- Jl '=-11 ' 1>" " .i . ."-=:': . .. u ":"j , ,;,..:1 _,I ~ ~1r": f -1'-1=-1 ' lJ ~ ,\ I ;'i'~fF~ '\ mil':;] e I-i,'~-L~~~~lll' ~ ~ ;~~ \ ..=~~=- -4 ! ~. <J Exhibit F __~ I ~, uJL~~~l BUILDING ELEVATION - REAR (LAKE) flJl -~. "" 31 t'll -~'~ \ \, . . ---~~: ~l' l ~--gl' - - - I. ," :,'':- ~ I i I EEEEl .1 J:; l\' ..! .{)~ .. o .. . -," " ", ~'j" ):. , ," -+ - II II , rtIWB] IImIEl .~ . ?,' ~, l,l.). Q , 1.0: ] g- <1_;1 'nIEB' . . I . . .'" ; ~ ~ ~ ; ~ '! .. ~ J\".~~ Exhibit G BUILDING ELEV A TION - EAST ,,' q- '..~ .~, om: -:'{'-" ~~, JIJ~l .) I' . ~ u !JttJ !J ::' 1 ..l.Li.U (J.I ';1 ii I " o- Il) '. ~I '\ -~j~~ r ,. ). ~ ~ <~< .. I- ( I; t 0 ~ '"J 1 HE II t\ " ~ IL ., ~ ~- " u . lID ROO: I I I DmJI.-. rnm rm ~ ", IlIfJ Exhibit H BUILDING ELEVATION - WEST to, " -) -. MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236 MEMORANDUM . TO: FROM: DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 19 July 1995 Kantola, Jim - Setback Variances 405 (95.11) BACKGROUND . Mr. Jim Kantola requests a setback variance to add an attached garage to the home at 20845 Radisson Road (see Site Location map - Exhibit A, attached). The property is zoned R-ICJS, Single-Family Residential/Shoreland. As shown on Exhibit B, the applicant proposes to locate the garage 31 feet from the paved surface of Radisson Road, requiring a variance of 19 feet. The property contains 29,602 square feet of area. The existing house is quite substandard, being only 10 feet from the paved surface of Radisson Road rather than the required 50 feet. The proposed garage measures 20' x 22' and is connected to the house by an 6' x 8' entry. The applicant proposes an end-loading design (see Exhibits C and D) so as to maximize the amount of parking area in the driveway (not shown on survey). The applicant also requests an eight foot variance to reconstruct the existing deck on the west side of the house. The deck is currently located within two feet of the side lot line; ANAL YSIS/RECOMMENDATION Several factors support the grant of a variance for the proposed garage. First, Radisson Road has no right-of-way adjacent to the applicant's lot. Consequently, the street encroaches onto the applicant's property. In such cases Shorewood's Zoning Code requires that the front yard setback be measured from a point 15 feet from the traveled surface of the street. Secondly, the site is characterized by'a dramatic drop in topography from the north end of the lot to the shoreline of Christmas Lake. The steepest drop occurs approximately at the required setback line. Trying to force the garage to the 50-foot setback line would result in significant site alteration and unnecessary loss of trees on the property. ib A Residential Community on Lake Minnetonka's South Shore . . Re: Kantola, Jim Setback Variances 19 July 1995 Despite the variance the proposed garage will be further back than many of the structures along Radisson Road. The end-loading design will allow more area in the driveway for parking, reducing the occurrence of on-street parking on the narrow street. There is considerable precedent that the inability to have at least a two-car garage in Minnesota constitutes a hardship. This hardship is not the result of the owner's actions. The property apparently has never had a garage. While the variance for the garage is considered justified, the same can not be said for the deck reconstruction. The Zoning Code requires that when a nonconforming structure is reconstructed it must be brought into conformity with zoning regulations. The only reason cited in the applicant's second request letter (Exhibit F) is the ability to gain access to the deck from the front of the home. In our experience, more often than not rear yard decks are not accessible from the front of the house. A stairway for the deck can be constructed within the buildable area of the lot which would provide access to the yard from the deck. Based upon the preceding analysis, it is recommended that the variance for the garage be granted, subject to the applicant illustrating how the driveway will be located on the lot. Reconstruction of the deck should be done so as to correct the nonconformity in the side yard setback. In the alternative the applicant may wish to pursue further the acquisition of additional land to straighten out the side lot line. cc: Jim Hurrn Tim Keane Jim Kantola - 2- ( II) ('3) ~3 .?6 (25) <;rT ~ ( 2'3) -~~~~~~:----------------------- ( 22) ..' .' " ..~..., .' ,,' " .,' ...1.'-" 2'2 // ( 2 I ) , I I I I I I I , I I I I , I I I I , . I LA~ ., -:.: _: ." ,.;"'-; .0- NORTH (" = z'oo ';C4.t ., P'~::- /~. _: Exhibit A SITE LOCATION Kantola setback variances "l ~': 1~ .~ ~> ~5' ,:;. tl~ .I~ .\ H . ""' .~ I r , -G ~.. ^, .. j . I ~... 8j' b\, ./ ' " \: ;. !. '" , .:'-'"f~ ~~~i\ . . !. .' ,,:I / .'" ,;I ,/" /(V' /' r.loo.., .;.? "-. \~ I I"l\ ' .J ' > ,p >x/ / Yv . " - .- \ \ \ \ / ' / . \ ~ ~ J..-C: .~ ~~i t . \ -~ \ ~ \ I \ " .. " , 0 z 3 ,. N '" " {j ~..1 .- ~ ~ \J Exhibit B PROPERTY SURVEY Proposed garage shown dashed Ii I~ &. ~-..; j II (') -':t <:" ,,!1lI ",0 (. g zO I (') -.;" I " ",il IZ ;;; 1lc I "'''' n", I 1)'" . (')111 I "'", ::l. 0= Ei!=> (l "'- ;;; lIo nn "'''' -... ;lii> g~ ~1 . ,. (') "'", z'" 0 >10 d IDQ -oil:' z !/l... ,.,. ~~ 0 (') ... "'... "-0 -" ~ ",0 ::1;;1 <l ~S "''I: :;;'" 0 "'" ,. '" '" !> ... rl :<'" "'x . z ;lip; ~ ' '" ~b ,"0 x p)f> Vi '" Z ::l 11 Ul Z ,. <> (') '" (' \ ~ . \ . i\ ~~0 :J~ -- ......- I ':-t . % '" ~ ~ ,. ... ... '" -0 0 ... '" ,. 0 0 '" 0 '" :!I n ,. :;:0 ... " (J) " -I ~ '" i "'T1 .. ~ r .. , ~ ~ 0 0 :;:0 -0 >: Z . z 0 i\I OFtF ~O 2! >I . -i..'" 14!aqlt !~,\:: Q~F'" ~ III !":~~ O~~ 1Il'r~ '1'..... ~~ ..0% a~fA <=IJ;; ~ .. ... .. .... .. r~ 013 C~1B ) Autumn ) of Minnesota t~ I'" 22'-0" "I I 2) 1-3/~;i4M.LHOR-------- --- I I 1 I I I I I I l_______________________~ 16/0 x 7/0 O\1iD OR .. '" 0 "I" C! .. '" ":0 . I ~ .. -0... ~ .. 0, g! ~ ... ()- 0 III I >l , ~.~ >I '" i5~ ~lil ,. ~ ~1l . '" % '" n '" 0'" '" x '" "! % . , is ~ C! n ~ .. 2ri I ~ '1:", ~ Ox %", '" ~-o ,.:0 ~g " .. RQ(>>" lRUSSES 2i" D,C. i'-f' (') o (l '" o o ... 11 .. C! ... ~ '" , z ~ (') x ~ ~ i ~ Q r( I 14'-0" ... .. ~ '" ," ~ (6110 SF GAR.; .a SF WUIlROOM) ( ) ORN TYPE PRlM ) sa FINAL REV. REV. OAIE Design [ 03/07 KANTOLA III .. ~ IIOC: .....IIUICII Of -. IC IS.... ........ f'tIfl C1IlIIRIMICa at MlQ.IMCr 01 M'!l(...... fO .., ~ ~~~~~~~ Exhibit C FLOOR PLAN --_...-...... --........-- .....--..-- 'TWM5S1Cl$f11111N.!_~"'J:IIf"I""'O~ ......~~..t"'-O~.,~MSI !I ~.... ..., ....~ ~..... ~WJ ____ - IIlU~. . .. ... "OIJ)""" ~IU ".~Ol~JOCJO~""~ "lDf~._V"_R"""'''''''' 'llDI . ,DI '.:J'UI ~u ~~ l ( V10.LNV)f HUDjSaa uwln~Un;J( t I:' g o U XU! Uw >-... .." ::l!z e~ :~ 55 zX ~~ >-;: ...<n ~~ a. ~:s ~~ )( ~ l!? ..w~ '" . ::i<nW 0 "'.... a. E! oo~ It: ~~~ '" >- z ~~ Zza. 15 gi:U) U U)!!c <n<n o..~w c old a ~ ~~g '" ~~ 0 ~t-(J '" :~ a:::oCcn 1; ~;!:~ .. e F= ~ W -J W W I:> o L in ~ ~ t Iii <i ~ Ii! 'll N z 0 F ~ ~ I:> , W :.. .' I- '" Z ~ 0 Iii ... a::: .. LL ~ Exhibit D PROPOSED BUILDING ELEVATIONS / ,.--"'C t.t:J - f/ r/ -'~ City Council of Shorewood . This letter is a request for a hearing to grant a variance which would allow a 2-car attached garage to be built at 20845 Radisson Rd. The property mentioned was built in 1947 and is situated extremely close to Radisson road. (approx. 5' to the nearest point) As you are aware the setback is 35' from the property line in question, but given the close proximity to the road as well as the elevation problem that this parcel has it is necessary for me to ask for a variance. I am currently working with a survey team to gather enough data to construct a 2' contour of the area in question, and as you will see that if I am required to stay within the setback limits it would require a drastic increase of resources needed to build this garage. Not only is there a location and elevation problem, but pushing the garage back to stay within the limits would require me to remove countless trees and fill in a large area that would otherwise be untouched. What I am asking for is a slight reduction in the setback limit. By looking at the survey you will notice that my property line is in the middle of Radisson rd, and I understand that the city adopts the land after it has been used for a certain amount of years. I am more than willing to forfeit that ~arcel of land all I am asking for is a variance that would allow me to construct a 2-car attached garage that is approximately 30' from the edge of the road. Given the unusual location of the house and the elevation of the lot, I believe that my circumstances are perfect for this type of variance. In addition I would like to request a building permit to be issued on the August 14 meeting prior to its final approval on the 28th of august. . si~cerelY/~ jJ, r I~ am~tola / . 20845 Radisson rd Shorewood, MN 55331 470-8048 Exhibit E APPLICANT'S REQUEST LETTER - GARAGE Dated 6 June 1995 JULy, 03 1995 City of Shorewood City Council Members . In addition to a variance For the garage I would like to include a hearing for a deck variance. What I am interested in is replacing the existing deck to the same size and standards. There is currently a 10' setback requirement for new construction, but the current structure is l' from the property line and the house is approximately 4' to the same point. The position the house is situated on its lot makes it impossible to build another deck that is capable of serving the same purpose. ~vithout a walkway along the house the only way_ to gain access would be through the house. The enclosed survey illustrates my points, please consider all the factors while determining the variance outcome. SinctJ4yrel I / : '. ., j . /!\. I I Jim Kantola . Exhibit F APPLICANT'S REOUEST LETTER - DECK Dated 3 July 1995 ..--:-- DATE: July 28, 1995 ~:,... f ! TO: Planning Commission, City of Shorewood FROM: John H Hung 20885 Radisson Road Shorewood, MN 55331 RE: Request by Mr. Jim Kantola for an eight foot variance to reconstruct an existing deck on the west side of house at 20845 Radisson Road . I own the property on the west side and adjacent to Mr. Kantola's property at 20845 Radisson Road, and I am writing to urge the City of Shorewood Planning Commission to deny Mr. Kantola's request for replacing an existing deck on the west side of his house in a manner that would continue (rather than correct) the nonconformity with zoning regulations regarding setback. Mr. Kantola's existing deck is located within two feet of the side lot line. In the past, this violation of the setback requirement did not affect me in any significant way because a number of large trees provided a visual barrier, and also because the previous owner ofhis property did not use the deck. Following his acquisition of this property earlier this year, Mr. Kantola removed numerous trees in his backyard (see Photo A), such that the deck is much more visible - and amhole - from my house (see Photo B). This has a direct bearing on my use and enjoyment of my property, and pOSSlOly on the value of my property. . It is my understanding that the Zoning Code requires that when a nonconforming structure is reconstructed, it must be brought into conformity with zoning regulations. It is entirely feaSlole for Mr. Kantola's existing deck to be reconstructed to meet the ten feet setback requirement, without causing undue hardship to the property owner. As can be seen from Photo C, there is ample space on the east side of the rear of his house to allow for a deck and stairway ifhe so chooses. In light of the above considerations, I respectfully urge the City of Shorewood Planning Commission to deny Mr. Kantola's request for an eight foot variance to reconstruct the existing deck. The Zoning Code should stand, and reconstruction of the deck should be done so as to bring it into conformity with setback regulations. Thank you for your time and consideration of my input. ~c.: lY)apn -.J. q C~ 1 Page 2 Planning Commission, City of Shorewood RE: Jim Kantola, Setback Variances 7-28-95 . Photo A. View from south of house after trees removed. . Photo B. View from west side of house. The nonconforming portion of the deck now clearly viSlole. ... "" . . "" 4 ... Page 3 Planning Commission, City of Shorewood RE: Jim Kantola, Setback Variances 7-28-95 Photo C. View from south of house showing that the nonconforming portion of existing deck can be reconstructed on opposite (east) side. - ._" , :.,.. ~." ." ... ....It ..., MAYOR Robert Bean COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM . TO: FROM: DAlE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 31 July 1995 West, Rob - Setback Variance 405 (95.25) BACKGROUND . In June of this year, Mr. Manual Silva received a variance to build a garage at 5815 Ridge Road (see Site Location map - Exhibit A, attached). Subsequently, Mr. Rob West purchased the property and would like to alter the plans somewhat. Exhibit B shows the approved garage location. The Silvas had intended to build bedrooms above the garage, resulting in a two-story addition. The Wests propose a single-story addition with a basement built into the hill, resulting in a one-story structure. Mr. West provides the following exhibits in support of his request: . Exhibit C - SITE PLAN . Exhibit D - PERSPECTIVE ILLUSTRATION . Exhibit E - PLAN VIEW . Exhibit F - PROPOSED GARAGE ELEV A TIONS . Exhibit G - APPLICANT'S REQUEST LETTER The Wests also request permission to replace existing deteriorated decks and a concrete walbyay in front of the house. ANAL YSIS/RECOMMENDATION Exhibit C shows the locations of the garage approved for Silva and the new proposal by West. The new proposal has a smaller footprint, besides being less noticeable because it is built into the hill. If anything, the revised variance request has less visual impact than the previous approval. The work on the existing deck and concrete walkway referenced in the applicant's letter (Exhibit G) is considered primarily repair of existing structures. The concrete walkway forms the roof over part of the existing basement. A Residential Community on Lake Minnetonka's South Shore '1C-- :Gh... ~~ MA1 l.A~ ./.., t ,1- ,_ ..... ,~. I_- I - ,~ 1.,.11..&6 .,.... 17& . , :. '-...- ;-.... ':A.~ ,:~ , '" ~ :C)14J ..~ ,....:... ~ l$i~ '0 178. 77 .oc' ::;~ f,' ... ,~.Q / .r::'" ~ ~........ .. '-~ 'I I .... / ...... .. e. . / ." ..... j .<:: .~': '. '.' ~ ~~h 1 "::: ~ I .-- :. : I . I( l) , 3" ~ "4 II. (f) 4~ .... IT f (31) :1 Z,. 1010 16 (30) \ ) I I 45; ; oc (5) NO' 46'll-... g..,: sa9-5T.~.!: ".'. Z54.54 ~ .. (17) t (1) ~ ::.:. 1~11"- ~:"'. ''1 ......::.: (~) u., ~ ~.-r.-"'W' . I ," l.... .:~ :1;. .. r I. f- ; I '-- f (4) WI) ~ 3 I." \..- 41 WDN04 I '6vb r -S'Jc.. I I ( 14) ~,~(' !.A~ ~~ J9l 'l1. 55 .... N5'! -"j I ;.<:..~ ZZ~ i 1,. );j'--' !.?I .<0.;, I ~'I 'I...\Q~ I }:"':I .4______ ~ $ :1 ---/ ~ /-0000" :1 / ",;,;;, ...."'--7 I ::..1'...., ~..,/...... /~ ) --- /' Exhibit A SITE LOCATION ,RJ.c 3 (7) ~o~... \ \ ..&1 j / ~I l~ ~ k <.J I ~ / ;;:0 cn~,f~ / / ..J -' ~ ~ / I o:~ r ~ <= ~ - ~ I ~/1) r rnfJ . 'i(:H A NHOLE ~=9SS.5S ;' ./ } ! ! ~Z~' .I / a I~ I ,..\c !Jj" .I , I i I i I / i / , / .... ~h. ,/ .' ; / i ,- i I f ) i 1 Exhibit B APPROVED VA RIANCE - SILVA o <c /' I' I I I / ! j i ... North ~ v j~~t I /:.' Q~ 4t.~) ; Y ,~ I I ; iL f-f~~ ~' i~i~ +t~~~ ~ t ~f ! ~ _.3: ' I ft I / .J' ~ 1;/ It" ~ ~~~L- >- ~.5 # /1 .'~,. -1-'/ 'I / (Sf J~ ) J' ;\ J: I }\ii" r / /~/~!!f. j! \~ r..e -). J1.~ 4.01" / I ~ ~ \ r~" ,/\" (\\J(~ ( ,I r /) ~'" \. t' }! JJ A)*) ) , \ 1 ~ j --,,,-,,,1,,,,, -.--- ---.-. - '--"'--'~---'--7:" / r\! ~ ~ 4c~~~ \ \ \ , \ 1 , \ . . \ '''.l u\ I ( .";:) ~ :d) 0\ / -~ Exhibit C SITE PLAN i \ :-0 "" \. '-...... ., \ \ '-,J-' '~ \. '- " , . "'... ~ 'i~~ \~ 0'-") / ..._.f', ' " ' ,,\ 'J . (> \... " " ", ", " .'.''''#-.-.#.-' '. \') .-"'/- (' \ ~'''''' "-- i ; i I ~ i.,Jl~ t2 "j - P:\J i , \ \" \ ~ "\ - , ,__ r\ ,. .~~ . I " ; . " i . i ' .,--l ! \ Y , ; i L-. -\.'\ . . 4'-\ ~~;{'" di\ .~ I ----- I ( ! ! i t , i I_Y f-~ ~ r~Q ~ )~>- ~ i{l~ \tr 3 2 C ;J. .._!!,o. 'Jo ~ I- c;t P ,~H ~cli ,,'i ~~) ~ It d1 if N N 3-1-<1 :) ~ fl. / i , ; j , l i . / I i I Exhibit D PERSPECTIVE ILLUSTRATION ... North . . ~~~ ,.P 1 ()j i ~!!t, No ,v..... ~ ~r '"" - ~\ ~ ~ )- ~ 21-'< ~ ~b~ 1.At (..1 ~ -l ii\ - c .. j I ~,,' . I ..::t. ~ : : I I ! I ! Y T X^' ].... ~....... ~ ~~ ~~; l ~ ~~ ~G;q i It ~ ;'.\ ~ 1\1 ~ rv" 'I "'- ~n.. ;"\. ~ m (: ~~ . ~ ~ ~ :,.;. Fl l~' ~ ~ s~ ~'( :..,i1I ~i :> ~ ~ ~ ~~ ,:~ ~ $ ~ \j\W l;.)~f"'! ~~ ~,;,~ - '~ :'\ ' a~ ~!1\ ~ ~~ ~?i ~ _ ...l, ~ t\'X; ~ ~ W~:s i\ ::! f. <"1 , 1~ ~ '/ ;., ~ ~ ~ 0_ .. I IT ! ; j I ! -"J; ~ .0 '" . ., ~ i ~ ~ I r~ ~ ~ "- -\ ){ ~ ~ "- -; { t . . ~ 1;] ;,!-, ",;, ,;~ ,. _ - -J ~ .~ c .~~~ Exhibit E PLAN VIEW " I::: ~ - ~ ~ -~ I ~ .:t ~'\I1- " '....-) 't--!...i '~\~ .\ ~ \ ., j' I I! i ....\'.,. \ ! ~. " 1\"- ::~J ,r===ih ," ;:;!) I .: . \b===I' ( I \'. ~ <:> 'i P'lo" \ ~ :.,. / ~ J~ '- ~ :z ~ ': :~ If ;,: ~ ~i1' \ ~ \} 'I} ... "<::l~ ~ Q-- \iN ;~.:. ~ ~ ~~~.., _~1 f\\-;S ~J ~ ~ "n .... ;.,i '""t!. '~ ~ .:; ,~ .1 "" \- + .\ - '-' ;:-. t.- :t .: i:~ :; <{I =f. ~ ~~ .~ . . 'j -J !- )( 1" ::>< .~ i,J e :.:!..1 .~} \g , -, ..J C 3 , ~ '.f ~ ,I C' .,J ~ I~- !" ,\ ~~i ~ s i-'UI I 14: \ I ~; ~ ,1 I n ~ ffi. '. i; \- -1\-11--~1 f \ I' j . ! , I I' 1\ : II " I \ \ ,I I ; I III i \ i i: ~ I ..1 I \ I' i I I I I I \ .! I I~ I, I "/:1 I'I~ r \ I: l: II, . r' I I '-L:..i ..s- .~~ I:! ~~ ;: { i.;t~ ~ - ~ ,I ! ~ - .J ~ 4- t ~ ~ ~\j \J .! ~ '7 ~ ~.l ~! \l "t r ~ ~ , .___\___r; ,--- ~ lJ. -- : \.! ~ I...: i I ~ ~ .~ ..:., ~ ~. ~ Ii ,a " t--~ ~, ": II 1- ______1 , .. - - - - -'-I ;- -~ c; '.J T 1-~.. -'! ;.a ~ .)< -5 n ::;;r N X ~ -N N ;'.\ ~ .... 11 ti i ~ i cu ,.] ~J r- N ~~\x \J;;i" (\J /'IX ;t-" ~~ .,... d) '\<' ~ I{) ~ ~ ~i ~ '> 4~ ~ l~ ~~ " ~~, ~ \__ s.~ .:;:..'S'"~ ;,., Vr ~ ~~~ I, ~~~ -'tv ~ kr -\u \'l( ~1~ Exhibit F PROPOSED GARAGE ELEV A TrONS Situation: ,.--, 'j 1'f-.~,.1 /' ... ____.'\ /.~/~-' \"..r'~ '-' J/1 Jc\/ (p 2- I '/../ I Robert A. and Mary L. West 5815 Ridge Road Shorewood, MN 55331 Ofc. Ph: 612-546-7023 June 19, 1995 Proposed Variance for the Residence of: Robert A. & Mary L. West 5815 Ridge Road Shorewood, MN 55331 The former owners of this property, Manual and Fay Silva, have received a variance to construct a garage and two additional bedrooms on this property. Their plan called for the garage and upper level bedrooms to be attached to the existing home. It was approved by the planning commission on Tuesday, June 6 and by the Shorewood City Council on June 12, 1995. . The West's will have acquired the property on June 28, 1995 from the Silva's. The West's would like to alter the approved plan and obtain a new variance for this property for these reasons. . 1. The West's wish to preserve the integrity of the home. It was built in 1948 and has the charm associated with this era. The east addition which was completed in 1986, does not detract from the home but it is felt that the approved plan would substantially alter the home and would detract from its appearance. The new plan calls for a garage which is attached to the house with a covered walkways for both the top walkway the bottom walkway. The plan is to "cock" the garage off at a slight angle from the current structure. This angle will make the property more interesting and fit better with the look of the home. The proposed garage with the walkway's can easily be accommodated because of the steep grade from the first floor level of the home and current driveway down to the walk-out level of the home and proposed garage. The proposed garage will be at the same grade level as the house and the proposed basement under the garage will be at the same level as the walk-out basement of the home. The current driveway and turn-in will work fine as it is now with no alteration. The drive would then swing in and turn north-north east at about 12 degrees allowing for easy entrance and exit from the proposed garage. The actual drive will be extended north-north east by about 9 feet. 2. The current single car garage is a safety hazard to the West's and other residents living along Ridge Road. The current garage blocks vision for exiting from the property and needs to be removed. The new plan , calls for the destruction of the current one-car garage and then fill will be brought in, since the current garage is also a two-story building. The West's intend to fill the basement of the current garage and return the land to its natural state. Exhibit G APPLrCANT'S REQUEST LETTER . 3. The home has had a number of improvements over the past several years. In making these improvements, there was no allowance for storage in the basement level, which is a walk-out. Secondly, Rob West enjoys woodworking and there is no shop area in the basement of the home. The proposed new plan and variance will allow for storage and for a shop in the basement level of the proposed garage. 4. The proposed new variance also allows for the replacement of the front concrete walk-way which is now badly cracked and results in water leaking into the basement of the home. The proposed plan does not change current dimensions. It is simply a replacement of the old walk-way. The current upper deck on the home is in bad repair. The decking has dry-rot because treated lumber was not used when it was installed about 1986. The proposed new variance replaces and expands the decking to the east, away from the road and includes a walk-way around the upper level on the south side. The proposed lower deck cantilevers out over the steep bank down the hill, about 6 feet. In addition, the plan calls for replacing current concrete steps on the south side of the home with new steps constructed of treated lumber and in line with the proposed second level walk-way. 5. . The plan also calls for a "bridge" walk-way between the upper level of the garage and the new walk-way on the south side of the home. This will enable easy access to the kitchen area from the garage with a walk of about 20 feet. No cover is planned for the bridge. Special Request: Since the current deck is in bad repair and un-safe, we would like to begin construction of the new decks immediately. The walk-way on the second level can be postponed until the variance is approved by the Planning Commission and the City Council. The distance between Ridge Road's eastern edge and the edge of the upper and lower deck is 60 feet, 6 inches. It is our understanding that a variance is required only if the proposed construction is within 60 feet from the edge of the road. In this case, since it is 6 inches beyond the requirement, we would like to pull the building permits and begin construction on the decks. We would not construct the walk-way until the variance is approved. Well Head Situation and Solution The current new well which was installed about 1993, has the well head just to the north of the current turn-in for the drive. The well head sticks up above the grade about 10 inches. To avoid hitting the well head when pulling into or out of the proposed garage, there are two options. 1 . The well head can be left as is with three or four 3 inch steel posts placed around the well head to avoid hitting the well head when pulling into or out of the garage. . 2. A steel collar can be placed around the well head and the level of the drive raised about 10 inches. A manhole cover would then be placed over the well head so that vehicles could in fact drive over it with no damage. It is our understanding that the second solution would need approval by the City of Shorewood. We need input and advice regarding how to solve this problem. Summary: The West's request a variance which would include: 1. A free standing walk-out garage with bridge. 2. Replacement of the current concrete walk-way with no alterations of the dimensions 3. The addition of a lower deck, expanded upper level deck and walk-way on the south side, upper level. We would like to begin the deck construction right away if possible. A complete set of plans are attached for review . We would be happy to walk the property and further discuss how the variance will affect the total site and the surrounding neighborhood. All work will be completed by licenced contractors and built to the codes specified by the city. . '...."", -- . . MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOE>. MINNESOTA 55331-8927 . (612) 474.3236 .MEMORANDUM TO: FROM: DA1E: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 19 July 1995 Olson, Stephen and Joan - Setback Variance 405 (95.26) BACKGROUND Stephen and Joan Olson own the home at 20760 Radisson Road (see Site Location map - Exhibit A, attached). They request a setback variance to add on to the east side of their house (see Exhibit B). The property is zoned R-IC/S, Single-Family Residential/Shoreland. They Olson's lot contains approximately 18,662 square feet of area. The existing home is nonconforming with respect to the rear and side yard abutting a street setback requirements. The house is only 18 feet from the rear lot line and 21 feet from the Radisson Road right-of- way. The house contains approximately 880 square feet of floor area on the main level plus a two-car tuck-under garage containing 576 square feet (see Exhibit C). Based upon the information provided, the second story contains approximately 1200 square feet. the proposed addition is one story high, measures 16' x 26' and contains 416 sqbare feet of area. The applicants propose to maintain the same 21-foot setback as the existing home. Exhibits D and E illustrate building elevations from the south and east. The applicants explain their request in a letter (Exhibit F), dated 29 June 1995. ANAL YSIS/RECOMMENDATION The applicants' letter addresses several factors which support the grant of a variance. The size and shape of the lot result in a limited buildable area. Although the addition could be set further to the north, it would adversely affect the only private, usable part of the yard. It would also potentially damage existing trees on the site. A Residential Community on Lake Minnetonka's South Shore 1D . . Re: Olson, Stephen and Joan Setback Variance 19 July 1995' The addition is consistent with the character of the neighborhood. Several buildings along Radisson Road and Radisson Entrance are very close to the right-of-way. As can be seen on Exhibit B several structures to the north and south of the subject site are as close as 15 feet from the street right-of-way. Neither the configuration of the lot, nor the location of the home are considered to have been brought about by the actions of the owner. The house is very old and existed many years before Shorewood's first zoning requirements were ever adopted. It should be noted that the addition brings the total area of impervious surface on the property to approximately 25 percent, which is consistent with Shoreland district requirements. Based on the preceding analysis, the variance is considered justified and allows the applicants to make reasonable use of their property. It is recommended that the variance be approved subject to the applicants taking appropriate construction measures to protect the existing trees. cc: Jim Hurm Tim Keane Stephen and Joan Olson - 2 - ........... .. (2'3) _~ -~~~~~~:~---~---~----~-~------~----~~... : .' , .' , -- , .- , -- , .' , , , , , I I , , , I , I , , ( 22) -- <i-'#'# -- -,,#~" --' .-- Z2 ( 20 - -- ,,-I' , , , , , , , , , , , , , I , , , , , , , , ( ~.~~:;:::.. "." \: ~~r\~Y't'4~ ~ .0- NORTH r' , J,.()6 ' Exhibit A SITE LOCATION Olson setback variance . // i~(~ ;:- . ;: Ll \t- ''to ~". o ~ '>" ',>. ~ ~J "- '-, "\ I I ~ ~~ -'>-' "() ... ~:. ~ , ~., . .., ,,~ .~\ ~ " .'" ..:... :- .. '" ." '$. '" +"- ~ " "" ~ " rl,J !/ // V~.~/ o " ~S t<~~'// -- ;;:/ / ~o / /\. ~ ~~ " d' ." ~"," 'V ~ ~ 3' '. { r l i ! '. t!!.1 r (" 11 ! L. !"V"\ ,i:~'i ~!, ' ; ".::< ,:~ i ,~,j. ;: 1 ~ h. :1 ~l r! '-." ~ r , ; i ... ! ,rL d t_ Q i '. 0-"": r h ;;:E;:~;~;~'~~f:;IjX:;:2\~s~~i~~]l~~El"~]::~~':,;i~;0i~;:i~~, '''"'' q "",' ".., """ ",,., , ",""' "mO, '" _, """ ""'" """ ,.~, " " "";~':' ;:'; ~:::~:,';" ":'~;:;,:';;::;;;,;; r.':'.~~,~;:, '" ":'" , "';;:' ;,,'; ;;~~, ",; so, L .,. "1, pcrrno"en.. . g bc,ch On ., ,~ nl ,c'nrred.o 1.1 ~ 'T ,g.,lhcr '.., I. '^'< In II,e bO''''n Tille, 0"'1 e,some . ",( ~rmc:::~ ,1n-j cg r~l,..s 01 ,?Cqto;!frlf 1')1 .. Jor No, 1565)4, 11 fll!~is:r:lr of Tilfe~. ~ ~ ~, ~ ~ s u - 1.- ~ , <:'- "'t.-A .~ ~-z, ,~. <...,.... ~ ~ ~ '---... ~ /' ,,, ...' p~ o -'lilt; Q04C .r;;c,'O{ S ~o --, ..-- '---... ~ ,'\ ~ 'r 7'1;"4 t1.U 'e. &~O~ '-. N /p - 3 0 ~ j'rAU,." - I:"'" Ill-Illttl' <.:; f I .\lll' I ~l', '111Jr!l(' [j t ~~ 4 ':h Ct' ~ ! f11'Tl\lt (", S,' r ",.. ~:;I i 1 ill ;\ '-.:; h 1 I , . " 'ur'l:':;::';;~': .~,:I}::':::;::': ~:,' , t'.".; '!n<l. ~ + '';:~ i ' 11 Exhibit B SURVEY PROPERTY .. shown dashed Proposed addItiOn J!I" / /~' . . J/ " c-O ~d'1P2:JL='TJ. ' '... . "'r'..o"\. :.~._-;; '_ v' .. '~ ~lli ~ f/l ;. ~ n ;;1 I 'Ii ~ : - ~ -I !i! . I s.\. . t f .: T'1- ~~. ~~ . --rr ~~z.. -------.-.- .----t- - , -,--.-- !L...-....J..----!t_ .... . ,0 ""fC r"'l..;t'" i I , ~- " i . . _I:..y ~;1 ~:7 -llrrT< 1 J .I ~....L.L """'c-l.4 f""~ ""l~~.- . 6 I .t I. ~--'+ ~ ~ + -- I I . /w I It '=~~ ~..k'~ ~ .t Jane. Exhibit C PROPOSED FIRST FLOOR PLAN ~V-.JW' I~ \\ ,\. r---\ .r-l ( J _/ \ \ \. /'\.) ) ---' / .r ( I \ ( '- - ~._~---/'~ r' / . / ) ( /i I . / /...... \ ;' f (~ \~~. /............,r-- .....\./ I r--oj I \ :" ~\ ~ .~ \-ll ~ ..9 -t- ~ -<t t. ~- . . II. . {. t -.... .... .,,~ '-- .J .- Exhibit D BUILDING ELEVATION -SOUTH 11- " ..// -..~:. -.....I_~,:--t:~.'v,,',..:~~'.~' '....,;.:an.~~.~?"I;~I~er.I.I;,.;...~ g~ . <?}. (;1) ..~''(J . ",. . '\ ,",''';,.'i03.LIH:JW' ~:; . -=~_ ."',:"'" ~d;-= ~_~ ..".q~;'"..;::. . ,N~s~'f'tts,.,:"~: '\ ~J \ \. ."-....1'-' j . 'i c." '';- ..s .> 1QI 1iJ I . '\ .\ I'~'_' \ "1QI IQJ \-.t .J J ~ I ( ...., I f - '\../''''~\....- . '( ~ \ ~ ~~ JQI .I () Ij""- C'1 .~.(-" IPJjDL i ; .~ j \- r.J 000 , ../ ,.' /1 (' '. ( ~ -.- -. ~ DUO o ,J ('- 7 \._-,~- .:~,"~, ,W,I~, '~ .' '. ':'l: . \'~' \ .~_,.~.r ~ Exhibit E BUILDING ELEVATION - EAST ..-" ~-,j . . 20760 Radisson Inn Road Shorewood, MN 55331 June 29, 1995 Planning Commission City of Shorewood 5766 Country Club Road Shorewood, MN 55331 Dear Sirs: Attached to this letter is a formal application for a variance from the City of Shorewood for an addition to our home at 20760 Radisson Inn Road. We are requesting this variance to modernize our home, originally built in 1895, in order to maintain the utility of this older home and to ensure the continued value of this property in the growing city of Shorewood. Because of the special conditions and circumstances of our house and lot, it is impossible to expand our house without seeking a variance. We knew when we bought our home last August that we would want to expand the existing 1400-square-foot structure to meet the needs of our growing family. The house is a non-conforming property, being built well before zoning and planning regulations were instituted. Because of this, and the odd-shaped lot, an expansion in any direction involves seeking a variance. Please refer to the attached survey for further detail. We reviewed all possible options for expansion and sought to propose a plan that would fit the needs of our family, improve the aesthetics of the neighborhood, and strengthen the housing stock of the city. We have also integrated the nature of the neighborhood in our planning. Radisson Road is charming, older area of the city that is home to a number of properties that do not conform to current setback regulations. The closest of these structures are also indicated on the attached survey. The adjacent property on Radisson Entrance recently was granted a variance to improve and upgrade that former cabin. · In seeking the best plan, we contracted with an architect to address these formal issues, as well as the needs of our family and our home. We believe our plan effectively addresses all these objectives (see attached plans). We are proposing a one-story addition to the east of the current house that will follow the existing setback from the street. The 16-foot width was determined to avoid cutting down two large pine trees on the property. The 26-foot length was determined to provide maximum square footage and still provide an addition that unifies the existing structure. In fact, this issue of the current structure being "chopped up" because of haphazard additions is a major underlying issue for this project. The objective of unifying a 1895 cabin with a 1960's addition that will provide 1990's comforts is critical. Please refer to elevation drawings attached. / Exhibit F APPLICANT'S REQUEST LETTER Dated 29 June 1995 Page 2 We have informally spoken to several neighbors about our desires and plans for this project, and have received positive responses. We hope to submit documentation of reactions from neighbors in a written form prior to the Planning Commission meeting on August 1, 1995. Thank you in advance for your consideration of this request. We will plan to attend the Planning Commission and Council meetings that will address this issue. If, however, you have questions our would like any additional information, please don't hesitate to contact Joan (870- 3266 days) or Steve (470-6199 days). . . Sincerely, q;' .'1 r. I I', " l ~f,I'~Lt\ . 't Stephen J. OlsOt1 . .. I .' . 'f f ('rLt 'Ji.rvc:.t \, \.~\:z-t v I -U1/},\ Joan Grathwo~Olson \ ~ j r'~ i / 'I U. ~A" i /( },\ . . July 10, 1995 Planning Commission City of Shorewood 5755 Country Club Road Shorewood, MN 55331 To Whom It May Concern: .... We understand that Steve and Joan plson have applied for a variance to construct an addition to their home at 20760 Radisson Inn Road. We have reviewed these plans and support the building improvements proposed. Name Address - 0 ~~,J;tfA4-'llJ.,jJl1<- :;r;f,QtJ ~~1~.$ 1fti'd - ~.. --'l'kf!-V't1..-~~ ;'c?t;ol5 P?dclc..~" c r .:/1 " f f') " , , cZ./I.<-o'L e. C _ ~~""l ~ ( ia:YL(.L~ (};J~~) ~~, 'f/>t~ ::?"'?;Xc J(fdt'5:Y~ J",,- ~1 r~ 2Cf8D ~ti. /"7 . /) .;' ;; t d. L.j CJ /1 act I 5~ ['Yi-) tr c.:t. . f" I' . ,. . -- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1102 OF THE SHOREWOOD CITY CODE RELATING TO WETLAND DEVELOP:MENTS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1: Section 1102.02 of the Shorewood City Code is hereby amended to include: . "Subd. 3. SETBACK: The minimum horizontal distance between a building or structure and the nearest edge of a wetland buffer. Distances are to be measured at ground level from the most outwardly extended portion of any part of the structure. Subd. 4. WETLAND BUFFER: An area of vegetated ground cover, measuring thirty- five feet (35') in depth, abutting a wetland conservation area as provided in Section 1102.03 of this Code or abutting a wetland which is protected by the Wetland Conservation Act of 1991 (hereinafter referred to as the WCA)." Section 2: Section 1102.06 of the Shorewood City Code is hereby amended to read: "SUBDMSION STANDARDS: . Subd. 1. No part of any land within the wetland conservation area shall be platted for residential use or any other use which will increase the danger to health, life, property or the public welfare. Whenever a potion of the conservation area is located within the area to be subdivided, an adequate easement in favor of the City over the lowlands shall be required for the purpose of improving and protecting the area from drainage and other purposes expressed in this Chapter. Streets, driveways and culverts shall not be constructed or designed so as to restrict the flow of water and the same shall be approved by the City Council. Subd. 2. Wetland Buffer Strip and Setback. For lots of record created after 28 August 1995 a buffer strip shall be maintained abutting all wetland conservation areas as provided in Section 1102.03 of this Code and abutting WCA wetlands. The setback and buffer strip provisions of this subdivision shall not apply to lots of record on 28 August 1995, except those lots where a wetland buffer strip and setback have been required as part of a subdivision development agreement. a. It is the responsibility of the subdivider to delineate the exact boundaries of wetland conservation areas as provided in Section 1102.03 of this Code and the boundaries ofWCA wetlands. Wetland delineations supplied by subdividers shall be certified by a qualified wetland delineator approved by the U.S. Army Corps of Engineers or the Minnesota Board of Water and Soil Resources. b . Wetland buffer strips and structure setbacks shall apply to all parcels of land whether or not the wetland is on the same parcel as the development. C. Buffer strip vegetation shall be preserved and maintained in its natural state. d. For roadways that must be aligned either adjacent to or across wetlands and are subject to WCA replacement requirements, additional wetland filling to create a buffer strip shall not be required. 7E- . . e. A survey monument is required at each lot line where it crosses a wetland buffer strip, and as necessary to adequately determine the location of the wetland buffer strip. These monuments shall remain in place after site grading of the lot has been completed. f. Wetland buffer strips and structure setbacks shall be as follows: Wetland buffer strip: minimum 35 feet from wetland conservation area or WCA wetland Structure setback: minimum 15 feet from wetland buffer strip* * Fences and play equipment may encroach into the structure setback area, but not into the wetland buffer strip" Section 3: This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this 28th day of August, 1995. ATTEST: Robert B. Bean, Mayor James C. Hurm, City Administrator/Clerk ... .,,, MAYOR Robert Elean CITY OF SHOREWOOD COUNCIL Kristi Stover Elruce Elenson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 . (612) 474-3236 MEMORANDUM TO: FROM: DATE: Planning Commission, Mayor and City Council Brad Nielsen . 20 July 1995 RE: FILE NO.: Kowalsky, Richard - Revised Setback Variance 405 (95.27) In April of this year, Richard Kowalsky was granted variances to expand his existing home and add a garage at 5740 Christmas Lake Point (see Site Location map - Exhibit A, attached). Upon finalizing his building plans, Mr. Kowalsky has determined that relocating the proposed garage would increase the chances of saving a large old basswood tree on the site (see Exhibit B). Mr. Kowalsky explains his request in a letter (Exhibit C). This revised variance is consistent with the previous approval. . In fact, as Mr. Kowalsky demonstrates, the amount of hard cover proposed will actually be reduced by 150 square feet from the previous plan. It is recommended that the revised variance be approved subject to a condition that the applicant practice tree preservation measures during construction of the garage. . cc: Jim Burm Tim Keane Richard Kowalsky A Residential Communitv on Lake Minnetonka's South Shore IF . "\o,..t h t-l.,t to ~k ;.0 ~... . 0,_0 i. IT;; !.' 1/.).: ,.. '" "" ... ~ ~ ~\Jbj~",t \.~~~ i xi .. .., ~ ~~~ ~~~l~ .<i ~ Exhibit A SITE LOCATION Kowalsky revised variance ?~ l\)H~f.\ ~:\~~~ 'Tl ~C.~.UI~ ~I nlV;1JI .;.. < 111:~l;114 - ill tJi c: :;: P' tJ~:ri ~ ~j '"'Cli 7t ~1 ~ tJ ~ (Tt~ ~ It, [;; tn ~ \::'. ~<:. ~.:< ~ ~ rn ~I' \1\(1\ ~ ~ ~ '-'~l ~ ~ ,y \1 ~ .4: ,II II ~~:-~ . ~ ~ J~ '>-l~:!: . ~ ~ ~.~. G1 ~'~.' ~ '1.t ~ ~g, '$l." ~. ~ ~ ~ -: If ~ -0. -+ ~ ~ 1l. ~ ~ t ~I ;3 ::;: ~~OD ~ ~ ~.> p Sl.~ ~. '\:3, m Ii . fJ r ~ {. ~i ~ L. ~f- + 7. .::> ~j' j' J ~ \ fll .Il-, l) ,.. (} <. ,. :.. I . h I ?J - ./' 1:.1 ~ { ..'\ r )0- l' ~ , ['A<4 f - -; I 1)121 U ~#; l\g: fl,1JI ~~ ~~ 'a- m (C, t\"C. :r:- J.- I~ I~ ~~ ,\ ~'.\J\ lJlIJI ~ 8,l. ~11 II, K'. ru T11 /' \7 'J ::: ~j ~~ \Tl CJ o 1\1 -\ ril .1. (> f. ,- !" I" :;( ~('.\ \J. <;.,1 v J;J ~" "- f1j t' 'j) ...::~ ".- -, \ il' ~ ~ i! -::1-, -,I _.' q} " (11 ~ -\) t.) ~ 0_ c::. ':'. :Jl~~~ <=\11 l:>\fI ",]] ~ 'lI-;i! <: 1JIr1l\11 ~~-<:: . '--' 'ON laa'4S -vl,/~ .,::/z I anssl JO all10 'L4~W r~ Aq UMI1JO ~' (; ,. ~ ~ .~. ~-y ill ~ 3:~ :! 2:J O:A :::h \l) S!-< ~ ~:7i " t~ S1 i :Z\J ~cn~~ ~~ 8 ~~ ~ $: 11l~ "0 III C ::r _. 0::1 'I ::I r-. :.~ )>-n "11 0- <i'V1 -< Z -m ~~ CJ .... c: "'- '-I~' .,J" m 'f~ 7J...,.., ....~ n,rv 0- " ....0 '-1- I V'l s:-C ~5' -l X:;I __ Exhibit B T PROPOSED SITE PLAN .-- June 22, 1995 Brad Nielsen City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Mr. Nielsen: This letter constitutes my request for a variance specifically to site a two car garage just to the north of the site originally approved by the Planning Commission and City Council this past winter. Enclosed are the requisite . fee as well as supporting documents for my request. This modified siting of the garage is proposed as an alternative location for the garage on the basis of a tree preservation effort. We propose this site to preserve a very large 60-100 year old double trunked basswood on the hillside of the property. I have been advised by both the Davey Tree Service and Robert Hauck, a landscape architect, that this tree's root structure and subsequent viability would be jeopardized by construction of the garage on the approved site. The size and design of the garage are unchanged from previously approved plans. . The proposed site, though less convenient to the house: 1 . preserves this dominant tree on hillside landscape. 2. is behind the 30.75 feet average lakeside set back line applicable in this case. 3. is also set into the hillside away from the lake. 4. is also obscured by the lake edge trees. 5. and requires less hillside excavation. The decision to approach the city again to change the site of the garage is not made lightly. It is clearly more expensive and more time consuming to go this route. I do however feel it is important to preserve these remnants of the native oak-basswood-maple forest that are indigenous to this area. The city's tree preservation efforts would seem to confirm these sentiments. Exhibit C APPLICANT'S REQUEST LETTER Dated 22 June 1995 . . Enclosed are the following documents to support our case: 1 . registered land survey 2. site plan document showing proposed garage site 3. photographic documentation of tree. Of course, we welcome your personal visit to review our proposal. As well I can be reached at: 474-9578-Home 813-6273-Work 538-2206-Digital pager Sincerely, IJ - / / fi'll '~f. / W~ Ii ,l.rw<<-~O . Richard Kowalsky .'CD c ~,-/.,. ,.( ." ". / . t 1 I i ! i ! . ! ,/ /// -. " " ~'"' , ..... . . R ':'..:.'~ ..'.,.~ .,~ ....10.'.. "....... '0" ..,............, '/. '..;-,< -. ;.... . r-.' ....:.:l.'f.1 I I 1 I I i I I I , I j I (I I " j ~rl . ' , -. .-- .........- -_..- . i -~ I 1:1 : ;1 ,.jl H II ,I <? ... "':::t' ~ ;-;:. i ~. } it,.., I j t. ul ~ "<I eL 4: 'S I I I I Zl \Jj I _I . I f-l I <(I . I >1 wi I -II i ~I .J-l I ""'I uJ 5 J:. t-: \) rL - -. Q \\: Z. 4 Exhibit D PROPOSED GARAGE West elevation f-'" - MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331.8927 · (612) 474-3236 MEMORANDUM . TO: FROM: DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 20 July 1995 Paulson, John - Simple Subdivision 405 (95.23) BACKGROUND Mr. John Paulson owns the property at 5615 Eureka Road (see Site Location map - Exhibit A, attached). Mr. Paulson proposes to subdivide his property into two lots as shown on Exhibit B. The site is located in the R-IC, Single-Family Residential zoning district and contains approximately 93,517 square feet of area. It is occupied by his existing home and two outbuildings. . ANAL YSIS/RECOMMENDATION The applicant's request is quite simple and easily complies with the requirements of the R -1 C zoning district. Although the existing house and barn are too close to the west and north property lines, respectively, the new lot line is located 14 feet from the existing gfU'age, in compliance with setback requirements. . It is recommended that the applicant's request be approved subject to the following: 1 . The applicant's attorney must prepare deeds to the City for drainage and utility easements 10 feet on each side of all side and rear lot lines. 2. The applicant must provide an up-to-date (within 30 days) title opinion for the property. 3. The property is subject to the following charges: a. Park dedication fee: b. Local sanitary sewer access charge: c. Trunk water charge: $ 750 1000 5000 {~ A Residential Community on Lake Minnetonka's South Shore . . Re: Paulson, John Simple Subdivision 20 July 1995 4. Since water is not currently available to the property, the applicant must record an appropriate legal document putting future owners of the lot on notice that an additional water assessment will be charged at such time as the City makes water available to the site. 5. The City's Code allows the trunk water charge referenced in 3.c. above to be spread against the property for up to 15 years. If the applicant wishes to do this, he must sign a petition form requesting same. 6. The applicant must record the division within 30 days of his receipt of the resolution approving the request. cc: Jim Hurm Tim Keane Joel Dresel John Paulson Glenn Froberg - 2 - '1' R ( 2) - (39) I T g~ --~:;\ r. 132.5 I .. I .. re~ lEg(~ .. R " I ... 2 ... 3 .., .., ( 6) (7) ... (8) .- . - , ( ~ LOi 11 NELS INE <No'''''' DR I 7.::. ill. .:) 101. IS . - C ~ 9 ... a T (3)., _ ... ( 14) .... ( 13) .... ( 12) 3 1ft 2 1ft - ( 16) ~ ( 15) ~ 15) 1 Sf ,~ . S 121,5 160 (4) 521.01 .... ~ .. 10 -'- 33 ~ " , .-- ( 15) ,.,- " 471\ 4Q R lOT gt ('6) I : , '\ I , I I I I : ........: .1 ,I~ (44), : ,.i. f -...,: .-' I _I I ........t r4 , I :---------~ 1 Lor Io.~ 1 "-." .......' '1 ! LOT 12 Subject) Site Z\7.22 g? {; .... ... ~ ( ~lUJ~ -, ,. ~~~ " i (34) " - -- .. - "\~ . (46). , .- - - 81 ( 6) LOT 100 I , '", '... ::1 01 "" "', j '" 0> 4 "" I~ (20) .. ",I I . _, ....., \. :~I -; lOT ~ -< .~ '31~99 . (48) ! lr-'_'~ ( 291 -. -------. ~,~l .~ ~l " , ..... .. ,.... 1L-.:~ ,4 ,..,________n_h._.h__~ r. .0; i 'r>' I ...~~.,..~',. ~~~ ~ Ii , . , I f , .- f , , , , I i', = t.oh' I . , . I . I ' . , .....~. , I NORTH Exhibit A SITE LOCATION Paulson simple subdivision I I... Q. -~ 1 ~ ! J " - t. s "- '^ ~ ~ '" .............. '! 'i:: Q t. l ~l ~l o . "'" " (-, '- , :-' '... ~ . UJ -1 <;> \U ~ tI\ ,M ,'!I L)~- . I Il\ ~ , "" ~ \J;.-+= 1llJ",!l\ I:lJ .. (1) \f\'~ I I \- - , ,..... , ./ : )- -~ L..! g ~ ~ ~ \l} ~ 1.1lll1.!.Y- 'f, ~ IlJ ~~(;: Il. ~ "> 1 \:' <,') ~ It ~l (j ') -( '9 1/\ ~ ~ -:-...<t i It ~ \1. I.t. ~ I;) ~ ~~ ~ \~ ~ t ./\ ~~~~ .. . .... (j ~ ').. ~ ~ ~ ~ ~ 'II I~ ~ ~n::t J\ ... \~ ~ ~ ;; .. (:' ~'~ ~ "J.. ,j oj ..... ... ~ \ 1" \J , '::t ~ 'II ~ ~ Z 1 ~ \~ I~ ~ ~_ I - ~ lU.J - 1 ~~ I.t. ,1;( ~ .... ~~r',,~, 10~~ ~ J ~)-~ ~ ',' '" ,\I..... <:-., ~ Q! '-,'~ ~~ .... IJ. ~.. ~ "..... J III '~ ' .{\ ~ " ~ ,J .;::$4: -..( -( x~ ',"'<::> -( 0...(. '~--s XA.'~./ <!:. 'E;> -~ 'V'I " ~ -s -/;/1>- . ~~\<>& 00 ,'. ',~ / " " , ..... :.:..:.-' I .. "" " t\ ~rn 7 .~/ : .1 .( c,.!. . ~ ~....... '- ~~ ~ -<;\ <:. <::> ~ ~ ~ ~ j -~ )--s"00, 0000 At ~ ~, w .. '-"';-;::Z'i.I-... ..~, "-<.'O''E;OI'''-. _~/_____~. "'-~fiE.:s~z-'" /V17 "}flF ~__... --;:"~~J.- .-- :?7V.di:/('?~ ~~/7 aU'io~ V'. >f :3 ~ n:3 C=--~'&:/i-=~= I I r.("} ~(~ '.\ ~';; 'i;;f) " , , '\ ,~ N -7 <.- ....-..) ~ Ot>: -<>- 00.- ~1/. ~I>- 1,-~ ~ 'Y '. "- s: , . . ' 1 C<=-,; 't:;i " ~'" ...\ IU oJ ~ ~ IV I ~ ~ Q () ,0 ri\ 0 ~ ~ I\l · . ~ ~ ...... i", 0:: 0 1.1.. .. .. >- u .. W , :> " . 0 >. .. > ... .. .. e.. .. too 11I11I 0:: II 11I11I .. :I " III' .. :::> .- ..... ~ " - 1!..i5 -( z (.f) - ~ ~ 2 I. . " ~e"" ~ > 10M:" .. 0 V :> 1.1.. 'lIo(OC" .. (.f) . =ii~i:!. z Q ... :> 0 ..J i::O-,. t z :':11 . ~ :::> III z .s", .1:.1: 0 <{ .- .... v a. ;: W - a.. - Co i! ~ ..... I. .... .. 0< 5 i :to 0 <{ .. .. u z U -( Z .. - ~ 1.1.. J: - I- 0 0:: J W U r-- ~. I J ,(\ \-- i'i -:€ " ". ~ t ~. \l) ,~ t ~ ~ ~ Q,ft "< ~f ~ ~ ~'J \.1.J &.. \U ~ ~ rf\ ~ ~:t "'l/ .... ~~ ~s- -::. Q <-I. ~ ~ '^ \\ ';1/1 is u.: ~ 0 IJ\ t; III :;/\ Il. "t Q V}f!; 'Z ' I) ~ ~ - 1- ~ T ~ N' \j ~ .. l) \J\..,V\ '\t~~ D,--<\.:: < IJ .;; ; (\ ~ ') V\ f : ~ I,. . \ c.; ~ ~ ~ ~ () '" ') '{ q ~ l't't ~ ~ ) " .-1 ~~ \.. .,.. \} I- -1 ~ Q u.:CJ \;l I...~ ~:n u. ~ Q \~ q 1: /'('. (J ,\ f(\ ~~ ') J-t{ ul -A ,,,! 'l:: }, ) Exhibit B PROPOSED DIVISION . . . . \SPEC\B1OTAB BID TABULATION FOR BOULDER BRIDGE AND BADGER FlELO WA TE.t:! SYSTEM IMPROVEMENTS CITY OF SHOREWOOD C1TY PROJECT NO. 95-1 OSM PROJECT NO. 5572.04 BICS OPENED: 11:00 A.M. AUGUST 25, 1995 ORR-SCHELEN~AYERON & ASSOCIATES. INC. :~.:::::::=~..::...:;;:';:I:)::::::;:;;.::;~:i~:t;t:;;t.CON-ri:1ACTOif::.n::t?::::;:c.;::... .... .... It::\.:':'.'slii:'SECoFinY:::.:o:;:;: ?;.~:::::'::%;:i:;tdTAL'Biil:;;::::f;~;W~.;: 1. ~v~n Shakopee, MN Tnt" ~~ 2. Northdale Construction Co., Inc. YES Rogers, MN 3. Dave Perkins Contractin~, Inc. Ramsey, MN YES 4. Bonine Excavatin~. Inc. Elk River, MN YES ENGINeEq'S ESTIMATE S 9'57 ~4n 00 $ 923,998.76 1$ 903,914.00 IS1 310 280.30 I I I $810.454.00 I HEREBY CERTIFY THAT THIS IS A YRUe AND CORREcr TABULATION OF lHe: SIDS AS REC8VED ON: DATE AUGUST 25. 1995 BY: EDWARD J. OElAFOREST, P.E. CITY ENGINEER JAMES HURM CITY AOMINISTRATOR/ClE.~K "'Oenotes Corrected Figure OSM Project No. 5572.04 ~f\ ,---. ,. . . Draft A CITY OF SHOREWOOD RESOLUTION NO. 95-_ A RESOLUTION ESTABLISHING POLICY REGARDING HOOKUP TO THE MUNICIPAL WATER SYSTEM WHEREAS, certain properties have municipal water available to them but are not hooked up to the system; and WHEREAS, the Comprehensive Plan calls for the extension of the municipal water system in three phases, over a ten year period of time, thereby making municipal water available to many more properties within Shorewood. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood that properties where municipal water is available shall not be forced to hookup to the municipal water system until and after the City Council has concluded a [mancial analysis of the water system which shall be conducted on an annual basis and determines that hookup shall be required within twelve (12) months of written notice to said properties. BE IT FURTHER RESOLVED that the City Council may require hookup for health or other reasons at any time. ADOPTED by the City Council of the City of Shorewood this 28th day of August, 1995. Robert B. Bean, Mayor ATIEST: James C. Hurm, City Administrator ~ 10 I ~, Draft B CITY OF SHOREWOOD RESOLUTION NO. 95-_ A RESOLUTION ESTABLISHING POLICY REGARDING HOOKUP TO THE MUNICIPAL WATER SYSTEM WHEREAS, certain properties have municipal water available to them but have not paid a water connection charge and are not hooked up to the system; and WHEREAS, the Comprehensive Plan calls for the extension of the municipal water system in three phases, over a ten year period of time, thereby making municipal water available to many more properties within Shorewood. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood that all properties where municipal water is currently available shall pay a water connection charge and shall hookup to the municipal water system within eighteen (18) months of the passage of this resolution. BE IT FURTHER RESOLVED that with the installation of watermain, properties where watermain becomes available shall be required to hookup to the municipal water system within eighteen (18) months of water becoming available as deternuned by the City Engineer. BE IT FINALLY RESOLVED that notice of said hookup requirement shall be given by the City Clerk immediately following said deternunation. ADOPTED by the City Council of the City of Shorewood this 28th day of August, 1995. . . Robert B. Bean, Mayor ATIEST: James C. Hurm, City Administrator 4. -0 .&...~.... "c; Ci~y Councij of ShorewoGco --. - ~'-;:::::t""\\ --"' \" \\/' i'_ \ ~ r=." ',re:T'':'" ,\;::, \ ~ I \.=,..- \r\' \ l' 'G" '7~'~ II \\ '. ~' " -:::::"J"'-- \\ ~ !' : \ \ \ \...1 'i , ,-'.' '1 ;CC~ \\J \ \-.,. ,"';'.',,;'J \v""'- \ ! \, '" -" '. ' '-, \ ',II . - \li \~ \~~~'~-' iciies 8nc1. -en"'" i ernen , I here by wan~ 40 apply fo= a~ ex~ensicn -.... ~ . \.-, . ~ 1 , ... r- f"'iiI.^1", ~or t'lvt1~cJ... I prepa~c. J..(}~ aSSeS!lrnen- OJ.. J,VVI..) reeeip"" for same! I mana-ed a personal toar;, , a..L (essin..Leres'-g fl"om one of :nijn friends 0 01" 1} OC'~:- d 0 i \0 r:::; ;.1] a.L '-he llialn wa~er ine .:"'" r"~~}, ..L.~J. .""'..... ~... and !lave a si-ne~ ry requas..L for eXLension of said hook- ~p is for a..L te aSL 2 years 0 [>1y 3nnua i inc orne is S, 648 - S oS 0 and S.S. I. and foods ....amps c~ec K9 '~-his may V<3l.~. , On de dGl;m side denendih- on wha.:.. de federa ~\:.) re-erin-- en-de s..Laa-'- -cvernmen.L dan zulbn be slui:en! And-~hus, please pU..L a- capp.on-fur..Lher prCDer""y .LaKes inereses! l.ake MiiBeo1il.nka is so pc i \u..Led , .Lha.L. i.J.. nc \ on-er safe is ~'\..o swimmin-! Noen for wa.Ler for aeeyardo AtIl unders~and, is ~be cappin- of een we&< ~x:pen2ive. NOL-..LC ~enLiGn .Lee fae"" I s l..and .LO I c cse one. of my shr'.l bs or more a i cr: - -'-he ri -h.... of wa ~ of .1..he road i~!~~~X~l for ..Lbe ins""a~I~.Lion of ..Lhe s.Luh cf....he wa.Ler main. P J ~ase accepL .Lbis \ te.L.Ler ,.., I 'F" ...&...:.J ..J.. _ U cf my 2~Lendence a.~ '-:,'2 ;;)e-ei..in- cn '-he ?C -v J..h of Lhis mon.Lh! SincerelY, \' ,,' tLl~kL t, {W~6wAJV~~ ------ ~aud M~ Eo Wadswoe~h 5460 Eowards PoinL Road Sb orewood~ Miin, 55331 .~r. . . , 07/21/95 12:05 THE CITY OF ORONO 612-473-7357 002 CITY of ORONO Strut AddnIS$: 2150 Kelley Parkway Orono, MN 55356 Municipal OftIcea MaIIlnl Addren; P_O. Bax 66 Crystal Bay, MN 55323-0066 July 21, 1995 Mayor Robert Bean City of Shorewood 5755 Country Club Road Shorewood. Minnesota 55331 Dear Mayor Bean: The Orono City Council has a number of concerns regarding the draft 1996 LMCD budget. The LMCD had indicated it would use a substantial amount of budget reserves to fund the 1996 budget in order to reduce the reserves to the level needed for efficient financial operations. The only reserves proposed to be used to fund the 1996 budget are $50,000 of Eurasian Water Milfoi! reserves. The Orono City Council believes the LMCD should use additional reserves to fund the 1996 budget. The Council also quesliolls whether the amount of funding proposed for the administrative budget is neccsS81)' to carry out the statutory purpose of the LMCD. Based on these objections to the budget. the City of Orono requested that a public hearing be scheduled regarding the 1996 draft budget. This hearing has been scheduled for Wednesday, July 26 at 7:00 p.m., at the Tm1ka Bay City Hall. Sincerely, ~~~ Ronald J. Moone City Administrator TelepboIIe (612) ~73S1 . FAX 4'13oOS10 ~ }1 i 7/27/95 ---, ---;-~ :'\ \~ --: \' ,"s:? \i\\ ~rc:\\~jl ,,~\\\\ ~\\... .... \~ \l.. 7 \:;; \j ~. '. \\ \\\ l\\'" ~ ~,.. \\ i\' \,..,,\ .'" '\Cj: 0 \ \~ \\\l '_:~ (:; \..J . f' II .~ ~ ~ ~ To: LMCD Member Cities From: Gabriel Jabbour, Orono Council Member On July 26 the LMCD held a public hearing regarding their budget. Five of the member cities were represented at the hearing by their mayors or . acting mayors, plus two city administrators. Enclosed you will find a collection of facts which I hope will assist you in understanding some of our concerns. Please notice the fund balances in the LMCD's annual report on pages 3 and 12, the overall sum has risen despite the LMCD's unrecognized loss of $39,274. If I can answer any questions please feel free to call me at 379-2321 or 471-9256. Sincerely, Gabriel Jabbour . " LAKE MINNETONKA CONSERVATION DISTRJCT COMPARA17VE COMBlNlNO STATEMENT OF REVENUES. EXPENDITURES AND FUND BALANCE-ALL SPECIAL REVENUE FUNDS DECEMBER 31, 1994 : .:-.. :'. " "." .:. '." .;. ....0. .;..-: .... ...... :..., ::':" "~:~:"'o(:":".: ~::=-'lo:~';-:"'-'''''"':~'~~'~~~~~.~::'O('~~;~;~.~.>;;;:;:;:;~:.O::;::.:.::;"':;:;:;";::'::!'~'~:~~X:",(';,(~;';'; ':"'" .:::.:.:.::!...::::-....~:.~:~~'!''':.:"/::~:"'./~;'..:::;.~:~..".-.-.:.:::.: ",:,-::':':'( :......-:.: -: ... -. Save the Eurasian Equipment Lake Milfoil Acquisition Totals REVENUES .El.mQ Fund Fund 1994 1993 Municipal Dues $ 0 $ 64.323 $ 0 S 64.323 S 56.925 Donations 32,736 1.190 0 33.926 22,778 Interest on Investments 4.512 8.931 10.048 23.491 19.141 Other Public Agencies and Grants 0 48,495 0 48,495 0 Other Income 3.501 0 0 3.501 43.069 Total Revenues 40,749 122.939 10.048 173,736 141,913 . EXPENDITURES Administrative 2,242 38.269 0 40.511 40.745 Public Safety 4,548 0 0 4.548 6,988 Public Service 12,1 80 -0 0 12,180 0 Public Information and Education 5.571 0 0 5,571 6,074 Project Cost ' 0 0 0 0 0 Truck Service 0 22,251 0 22.251 20,324 Operations 0 19,993 0 19,993 18,449 Contract Fees 0 16,031 0 16.031 7,303 Unrealized Investment Loss 5,359 10,608 11,932 27,899 0 Contingency 0 1,478 0 1,478 4.749 Total Expenditures 29,900 108,630 11.932 150,462 104.632 .nSfer In(Out) 0 (35,OOO)-=? 35,000 0 0 Increase (Decrease) in Fund Balance 10,849 , (20.691 ) 33,116 23,272 37,281 Beginning Fund Balance 88,513 196,~~ 175,000 459,836 422,555 Ending Fund Balance S 99.362 $ 175,630 $ 208,116 S 483.108 $ 459,836 -12- ..11) L 1:. :: ':' T H ') ,: 54 l> '::O.l:..:. ,:..: k , L ':7. ,'..~ ~. -:- , ,'. ;;., ,_ .:. ':' ... ..... f '.::' ... ::-~. _,.... f LAKE MINNETONKA CONSERVATION DISTRICT COMPARATIVE COMBINING STATEMENT OF REVENUES, EXPENDITURES AND FUND BALANCE-ALL FUND TYPES DECEMBER 31, 1994 . -; - ;.... '.'~" ..- ..: '~.,...;'...~...... ::.~.~.:".. ~,,'~~. ~.;,::::..,..;..;.,.;'f;~:.!";~~~....:..ov.;:-tt.......~(:.I+:':.~':"~!~:':~~~:: "'~":":~:;:' ,,,;';.0:';" :~,;'.-:' ~..:.~~::: ":;:- :-:. .", ";". ,". :. ."{;, . ~':':'l':"""":" . .... Special General Revenue ~ REVENUES Fund Funds 1994 1993 Municipal Dues S 35,655 S 64.323 S 99,978 S 111,140 Donations 0 33,926 ~ 22,778 Interest on Investments 9,576 23.491 ( 3 067 32,235 Other Pub!ic Agencies and Grants 1,891 48,495 50,386 65,734 LIcenses and PermIts 89.676 0 89,676 90,848 Deicing 5.187 0 5,187 5,364 Variances 2,380 0 2.380 3,456 Special Events 4,490 0 4 .4 90 3,330 Charter Boats 7,825 0 7,825 7,750 Court Fines 38,519 0 38.519 37,733 . Liquor Licenses 5,900 0 5,900 8,143 Late Fees 2,708 0 2,708 843 Other Income 637 3,501 4,138 495 Total Revenue 204,444 173.736 378.180 389.849 E.1(pElVDrrURES Administrative 117.014 40.511 157,525 159.003 Public Safety 0 4,548 4,548 6.988 Public Service 0 12,180 12.180 0 Public Information and EducatIon 0 5,571 5,571 6.074 Operations 41,093 19,993 61,086 57,715 'Capital Outlay 0 0 0 1,084 . Contract Fees J Mangement Plan 7,539 16,031 23.570 21.664 Legal 41 .461 0 41,461 66.536 Contingency 0, 1,478 1.478 4,749 .J Unrealized Investment Loss 11,375 27.899 @~!.~ 0 Truck Service 0 22.251 22.251 20,324 Total Expenditures --,...- 218,462 150.462 368.944 344,138 Transfer In(Out) 0 0 0 0 Increase (Oecrease) In Fund Balance (14.038) 23,274 9.236 45.711 Beginning Fund Balance 207,241 459,836 666,073 620.362 Ending Fund Balance $ 193,202 $ 483,108 S 676,310 $ 666,073 -3- . . 7/26/95 For us to be able to take an objective position regarding the LMCD and its budget we must look at the lake in whole, its' needs and the various agency's roles in servicing the lake. 1. LMCD is one of many agencies and organizations that collectively 'manage' Lake Minnetonka. A. Surface Use Management 1. The Hennepin County Sherifi' s Water Patrol has a budget for enforcement activity solely on Lake Minnetonka of$458,025. 2. Hennepin County spent $126,897 in 1994 on surface use controls and shoreline management, including buoy placement, channel dredging, rip- rapping, tree removal, and access maintenance. B. Environmental Management 1. MilfoU Harvesting. In 1994 LMCD spent $108,630 on its Eurasian Milfoil harvesting program. A portion of this amount was in the form of grants from other public agencies, including the DNR. In addition, Hennepin Parks contributed the use of a harvester, an in-kind contribution equivalent to 25% ofLMCD's 4-harvester operation, or approximately $27,000. 2. DNR Fish and Wildlife. Although no expense data is available, DNR provides fish testing which provides an undefined value. 3. MCWD The Minnehaha Creek Watershed District provides ongoing contributions via their various watershed enhancement projects: -Gleason Lake stormwater retention basin project, for which MCWD spent $1.72 million, with Wayzata's residents contributing an additional $1.38 million. -Long Lake Improvement Project (currently in the permit approval stage) is estimated at $2.8 million. -Proposed Painters Creek improvement project is expected to cost in the range of $5 million. MCWD's annual expense of monitoring Lake Minnetonka levels, administering the Gray's Bay dam, etc. is $30,000. C. Education A number of public and private organizations provide educational opportunities to improve the quality and safety of the Lake Minnetonka boating expenence: - Water Patrol's juvenile testing program - Minnetonka Power Squadron's educational programs - Coast Guard's education and certification program - Local marinas offer classes LMCD's Management Plan requires that LMCD establish an education program, which has never been initiated. D. Licensing/Permitsl Administrative Functions -LMCD's 1994 total administrative expenditure was $218,483. This the licensing and permitting functions as well as other administrative functions. - As a result of the recent study by LMCD's fee committee and agreement with marina operators, LMCD's license and permit fees have been established at a level that covers the cost of administering those licenses and permits, with only a small surplus. -Most other administrative functions are related to specific projects or activities of the Board or its individual members. Each project or activity may require administrative actions and expenditures (such as hearing notice publication, drafting of ordinances by the attorney, etc.). However, because LMCD has failed to build a consensus of the board before embarking on certain projects, expenditures have on occasion have been wasted when final approval from a majority of the board is not forthcoming. It is imperative that LMCD concentrate its efforts on projects and activities that have the support of the Board rather than on pet projects of individual members. . n. LMCD has minimal need for financial reserves. LMCD is a public corporation that, unlike cities, has a very predictable and stable income and expenses, and therefore a minimal need for reserve funds. . -Cities continually operate under a 6-month deficit. For any given fiscal year, the first half taxes are distributed to cities the first week of July midway through the fiscal year, the second half in December near the end of the fiscal year. -Municipal operating costs are spread throughout the year, hence proper financial management includes maintaining the necessary reserves to draw from until the tax distributions occur. -Cities are subject to unpredictable expenses(ranging from infrastructure or equipment breakdowns to cuts in State Aid) which require establishment of sizable reserves. . . ~ -LMCD receives the majority of its funding early in the fiscal year: -20% oflicenselpermit income in December, prior to start ofFY -25% of city levies also paid by beginning ofFY -By the end of March, 95% oflicenselpermit income has been received and perhaps 50% of city levies -LMCD's expenditures are minimal during the early part ofFY, mainly administrative staff salaries. During the remainder of the year, LMCD has a specifically defined agenda of activity with a long track record of expenditure predictability. As a result, LMCD has a predictable, positive cash flow and therefore only minimal need for reserve funds. m. LMCD funding and levy policy. In the letter that accompanied the draft budget, Chairman Johnstone stated that, "Maintenance of the LMCD's present operations in the years 1997 and thereafter will require either greater financial assistance from the cities or securing of alternative revenue sources. We continue to believe that all of the users and beneficiaries of the lake should pay their fair share of the costs of managing it through equitable taxes or user fees. At present, they do not." Deferring the cost of operating the district away from the cities is a goal that we can all get behind. At the same time, our goal should be realistic and objective. To initiate a user fee requires repealing an existing state-wide law(see attached) giving the sole right to do so to the Commissioner of the DNR. One must consider the reception of said idea at the State legislator's level. The majority of the taxpayers which finance the district do not benefit directly and could be argued indirectly from the district activity. Only a portion of the $6.3 billion valuation of the fourteen cities comprise Lake Minnetonka shore owner/users. That value is $1.2 billion, which yields at a maximum $29,000 to the district. Some out state legislators might have a difficult time understanding the Chairman's point of view regarding the excess burden placed on the residential users. IV. Conclusion LMCD, lake cities, taxpayers would be better off if the district, in the future, redefined its scope of operations within its' enabling legislation and refrained from excessive expenditures which results in an overlap of activities of other agencies and additional costs. LMCD should adopt a policy of levying from the cities and fund-raising from the citizens as-needed. Further, LMCD should get away from maintaining excessive funds in reserve. Save the lake should have one year reserve or fund-raise for a particular expenditure that might exceed a year in fund-raising. Eurasian Milfoil fund should have three months allocation, Equipment fund should have the value of one and one-half harvester( the likelihood of the district replacing four harvesters simultaneously is not likely) and General fund should have four months reserve. The above scenario is based on year-end balances. Gabriel Jabbour Orono Council Member . . ~ 172 .cense on issued to operated for dem- mduct of 1;3 WATER SAFETY, WATERCRAFI', A.'ID WATERCRAFl"1TTL1NC 868.511 ! /i t . It lt~ : I r: f ~ f I i : i1 I rr .1 id 1l!1 !Hi , In} ~ t , ..I 'U . : t , '.f . . J r rt i 1'1 : ~l . : ' if....... , :! : , , , .. '; ~ Subd. 10. Accounting. The commissioner of natural resources, in agreement with the commissioner of public safety, may prescri~e the accounting ~d p~ocedural requirements necessary to assure efficient b~ndlmg of wat~rcraft reglstnlt~Ons and license fees by deputy registrarS. Deputy regIStrars shall smctly comply WIth these Jccounting and procedural requirements. History: J990 c 391 art 9 s 24; 1991 c 199 art 1 s 12; 1991 c 254 art 2 s 19; 1992 c.: 594 s 10; 1993 c 235 s 3 86B..421 UCENSING BY POLITICAL SUBDMSIONS. A political subdivision may not require watercraft to be licensed. History: 1990 c 391 art 9 s 25 W A TERCRAIT EQUIPMENT 86B.501 PERSONAL FLOTATION AJ.'ID LIFESAVING DEVICES. Subdivision 1. Personal flotation or lifesaving devices, (a) Watercraft and duck boats using the waters of this state must be equipped with the number and type of per- sonal flotation or lifesaving devices prescribed by the commissioner. (b) The commissioner may not: (1) require sailboards to be equipped with personal flotation or lifesaving devices; or (2) require persons on sailboards to wear personal flotation or lifesaving devices or have them readily available. Subd. 2. Rented watercraft responsibility for lifesaving devices. The owner of a business that rents, leases, or hires out watercraft must provide a personal flotation or lifesaving device of the type required by this section for each person on board the water. craft. History: 1990 c 391 art 9 s 26 86B.505 WATERCRAFT CAPACITY PLATES. Subdivision 1. Requirement~ (a) A watercraft 20 feet or less in length-manufactured for sale in this state after December 31, 1980, except canoes, kayaks, sailboats, sail- boards, and inflatable boats. must have a capacity plate permanently affixed to the watercraft by the manufacturer. The capacity plate must contain information relating to maximum safe carrying and power capacity specifications prescribed by the commis- sioner. The information contained on the capacity plate must, at a minimum, comply with the established standards and regulations of the United States Coast Guard. (b) For purposes of this section, "manufacture" means to construct or assemble a Watercraft or alter a watercraft in a manner that changes its weight and carrying capac- ity. Subd. 2. Certification of correct infonnatioo. The information appearing 00 a capacity plate is deemed to certify that the manufacturer has correctly and faithfully ~pecified the maximum safe carrying and horsepower capacity and that t!te information IS not a deliberate or negligent misrepresentation. Subd. 3. Violation. A person who does not comply with provisions of this section commits a violation for each watercraft for which this section is not complied with. History: 1990 c 391 art 9 s 27 86B.SIl UGHTS. Except as provided in section 169.541, a watercraft using the waters of this state, when underway or in use between sunset and sunrise, must carry and display the lights Prescribed by the commissioner for the watercraft. History: 1990 c 391 art 9 s 28; 1990 c 555 s 1J ,. j ,. I' ;;;~n;::~' . '';'''-'''~..-..~' .t " ... ,- . .. ... "::'.._" HENNEPIN COUNTY RESIDENTIAL LAKESHORE PROPERTY VALUES & COUNTS j,.;' ...;.. -.'f;, >.. - ~, - ~.---- ..~ ~';;';;:;' - .... " ,CITY TOTAL COUNT AVERAGE BLOOMINGTON $10.927,400 79 $138,322 BROOKLYN CENTER $14,119,400 110 $128.358 BROOKL YN PARK $19,658,000 122 $161,131 CHAMPLIN $36,479,100 215 $169,670 CRYSTAL $7,814,900 58 $134,740 OAYTON $8,239,700 56 $147,138 OEEPHA VENtO $102,454,400 173 $592,222 EOEN PRAIRIE $49,926,100 171 $291,965 EDINA $56,739,000 162 $350.241 EXCELSIOR" 511,787,700 53 $222,409 GOLDEN VALLEY 513,059,000 44 5296,795 GREENFIELD , $5,600,300 GREENWOOO" 539,657,700 142 5279.280 INDEPENDENCE 523,615,600 140 $168,683 LONG LAKE $2.732,200 16 5170,763 MAPLE GROVE $112,231,600 571 5196,553 MEDICINE LAKE 523,064,500 113 $204,111 MEDINA $4,995,100 38 $131,450 MINNETONKA* 543,984,700 172 5255,725 MTKA BEACH* $49,874,500 118 $422,665 MINNETRISTA" 5128,138,400 471 5272,056 MOUND* 5128,460,700 881 $145,812 ORONO* $307,022,900 953 $322,165 PL YMOUTH 5100,548,600 445 $225,952 ROBBINSDALE 58,827,200 67 $131,749 ROCKFORD 39 SHOREWOOO" $97,536,000 298 $327,302 SPRING P ARK* $15,174,500 109 $139,216 TONKA BAY* $94,019,600 327 $287,522 WAYZATA" 587,225,400 95 $918,162 WOODLAND" $53,579,900 66 $811,817 TOTAL COUNTY $1,657,494,100 6,304 $262,927 "LAKE MINNETONKA $1,158,916,400 3,858 $300,393 .. if~~;:;~ ' :' '~~~"":'~,., r\.oL~....".,.. ... ~.~~~t:~ '~ - . . .-i r . . ". . . EXCEPTIONS: 1. Minneapolis City Lakes not included in HCIUlepin County Records 2. Some cities (Minnctonk~ Mound, Minnctrista. Shorcwood) havc lakcshorc beyond Ukc Minnetonka. 3. City of Victoria (Carver County) is not included in Lake Minnctonka data. .....~ . .. ...~i::::.;~-~.:4- . ;~. ",~:",:,; .:.",. --.. .-- v~,,.__......-__..... .~ ~-~. -_c."";'"-~._.___._. __.__~,__. ._ \ " . CKNO 16672 16673 16674 16675 16676 16677 16678 16679 16680 16681 16682 16683 16684 16685 16686 16687 16688 16689 16690 16691 16692 16693 16694 16695 16696 16697 16698 16699 16700 16701 16702 16703 16704 16705 16706 16707 16708 16709 16710 16711 16712 . CHECK APPROVAL LISTING FOR AUGUST 28, 1995 COUNCIL MEETING CHECKS tSSUED SINCE AUGUST 15, 1995 TO WHOM ISSUED PURPCSE MN DEPTOF REVENUE JULY SALES TAX AT&T LONG DISTANCE BROWNING FERRIS IND. AUGUST RECYCLING DEPT OF LABOR & INDUSTRY PRESSURE VESSEL INSPECTION DUANE RITTER EXCAVATING FINAL PMNT-DRY HYDRANT NORTHERN STATES POWER UTILITIES PEPSI COLA CO POP MACHINE RENT/MISC CITY OF TONKA BAY LIQUOR LIABILITY INSURANCE US WEST COMMUNICATIONS LANDSCHUTE GROUP, INC REFUND SAC/SEWER PERMIT TOTAL REGISTER SYSTEMS SUPPLIES BELLBOY CORP. L1QUORIMISC/SUPPLlES BOYD HOUSER CANDYfTOBACCC MISC MIDWEST COCA-COLA MISC DAY DISTRIBUTING BEER/MISC EAST SIDE DISTRIBUTING BEER/MISC GRIGGS, COOPER & CO L1QUOR/WINE JOHNSON BROS LIQUOR CO L1QUOR/WINE L1NDERHOLM TRUCKING FREIGHT MARK VII BEER/MISC NORTH STAR ICE MISC PHILLIPS WINE & SPIRITS L1QUOR/WINE QUALITY WINE & SPIRITS L1QUOR/WINE SW SUBURBAN PUBLISHING ADVERTISING THORPE DISTRIBUTING CO BEER/MISC SEATTLE FILMWORKS FILM DEVELOPING-PARKS FIRST STATE BANK FED/FICA TAX PERA PERA ICMA RETIREMENTTRUST-457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS CHILD SUPPORT ENFORCEMENT CHILD SUPPORT-C. DAVIS ANOKA CTY SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID MN DEPARTMENT OF REVENUE STATE TAX KATHLEEN HEBERT MILEAGE/SEC 125 REIMB PATRICIA HELGESEN SEC 125 REIMB AT&T WIRELESS ACCESS CHARGES BRADLEY NIELSEN SEC 125 REIMB NORTHERN STATES POWER UTILITIES JOSEPH PAZANDAK MILEAGE PEPSI COLA CO MISC BELLBOY CORP L1QUORIMISC/SUPPLlES Page 1 AMOUNT $13,386.00 4.18 27.00 260.00 2,291.51 860.53 152.13 1,803.00 48.93 950.00 35.13 2,798.51 448.24 346.55 2,449.05 9,489.25 2,622.34 3,729.22 88.00 2,237.65 1,031.40 1,022.99 1,681.98 135.00 4,981.00 14.45 7,104.74 2,127.98 864.98 477.00 98.50 139.44 1,203.46 214.51 731.72 11.23 100.00 2,122.70 67.32 191.40 3,878.58 . . CKNO 16713 16714 16715 16716 16717 16718 16719 CHECK APPROVAL LISTING FOR AUGUST 28, 1995 COUNCIL MEETING CHECKS ISSUED SINCE AUGUST 15, 1995 TO WHOM ISSUED GRIGGS, COOPER & CO JOHNSON BROS LIQUOR CO LAKE REGION VENDING L1NDERHOLM TRUCKING PAUSTIS & SONS PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS PURPCSE L1QUOR/WINE/MISC L1QUOR/WINE MISC FREIGHT WINE L1QUOR/WINE L1QUOR/WINE/BEER AMOUNT 3,006.21 2,112.25 374.44 100.00 476.00 4,544.87 2,168.47 TOTAL CHECKS ISSUED Page 2 . I CITY OF SHOREWOOD CHECK APPROVAL LIST FOR AUG. 28, 1995 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ------------------------- ------------------------ -------- ----------- 16720 AMERICAN NATIONAL BANK AGENT FEES WATER DE 1~0.00 ~672~ A-1 MTKA RENTAL CEMENT MIXER RENTAL -----.--- 90.00 ~6722 BOYER TRUCK PARTS FUEL SHUT OFF SOLENOIDS PUB WKS 277.75 16723 COORDINATED BUSINESS SYST TONER FOR COPIER GEN GOVT ~03.33 16724 ERICKSON. ROLF E.A. SEPT. ASSESSOR FEE PROF SER 3.669.~6 16725 FINLEY BROS.. INC BADGER TENNIS CT MAINT PARK.S & 820.00 16726 FISHER ENTERPRISE BLACK DIRT-DRAINAGE 44.73 ~727 GOPHER STATE ONE-CALL. IN JULY ONE CALL SERVIE ~. JULY ONE. CALL SERVIE *** TOTAL FOR GOPHER STATE ONE-CAL WATER DE SEWER DE 22.75 11.38 11.37 16728 HANCE HARDWARE. INC. FASTENERS PARKS & 1.92 WEED WHIP PARTS PUB WKS 46.86 *** TOTAL FOR HANCE HARDWARE. INC. 48.78 16729 HENNEPIN COUNTY TREASURER POSTAL VERIFICATIONS-VOT GEN GOVT ~2.96 ~6730 HERMAN LANDSCAPE SUPPLIES DRAINAGE CATHCART *** TOTAL FOR HERMAN LANDSCAPE SUP -------- 362.64 -------- 255.60 618.24 ~6731 HOPKINS PARTS COMPANY BATTERY/WIRE CONNECTORS PUB WKS 135.66 4If732 ICMA DISTRIBUTION CENTER 16733 INTERNATIONAL CONfERENCE PUBLICATION ADMIN 41.00 MEMBERSHIP DUES PROT INS 85.00 ~6734 J & R RADIATOR CORP. FUEL TANK REPAIR PUB WKS 78.00 ~6735 KNOX LUMBER CO. MANOR WARMING HOUSE PLAYGROUND INSTALL MATER *** TOTAL FOR KNOX LUMBER CO. PARKS & 19.08 -------- 274.08 293.16 16736 LAKE RESTORATION. INC. CHRISTMAS LAKE TREATMENT COUNCIL 767.00 ~6737 LAKELAND FORD FORD LN8000 TRUCK PROJECTS 14.843.00 16738 LARKIN. HOFFMAN. DAL Y . . . JUNE LEGAL PROF SER 2.400.50 JUNE LEGAL PROF SER 1.5~5.40 JUNE LEGAL -------- ~.259.00 JUNE LEGAL SANIT /"'!A 75.00 *** TOTAL FOR LARKIN. HOFFMAN. DAL 5.249.90 16739 LEAGUE OF IA MUNICIPALITI ENGINEER AD GEN GOVT 59.95 ~6740 LONG LAKE POWER EQUIPMENT EQUIP RENTAL-TRIMMER CITY GAR ~06.50 Page 3 CITY OF SHOREWOOD CHECK APPROVAL LIST FOR AUG. 28. 1995 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ------------------------- ------------------------ -------- ----------- SAFETY EQUIP CHAIN SAW OIL *** TOTAL FOR LONG LAKE POWER EQUI 1674~ LONG LAKE TRACTOR/EQUIP FLAIL DRIVE BELT 16742 M C I TELECOMMUNICATIONS JULY LONG DISTANCE 16743 H.C MAYER AND SONS, INC. MOTOR OIL/GEAR LUBE ~6744 METRO COUNCIL WASTEWATER SEPT TREATMENT 16745 MIDWEST ASPHALT CORP. ASPHALT ~46 MUNITECH, INC. SEPT MAINTENANCE SEPT MAINTENANCE *** TOTAL FOR MUNITECH. INC. 16747 NORTHERN SHOP SUPPLIES 16748 E.H RENNER & SON'S PUMP INSPECTION 16749 RON BENTLEY CONSTRUCTION TIMBER WALL-CATHCART 16750 SO LK MTKA PUB SAFETY DEP SEPT PAYMENT 1675~ TIME SAVER OFF SITE SEC MINUTES MINUTES *** TOTAL FOR TIME SAVER OFF SITE 4If52 TOLL GAS & WELDING 16753 TONKA AUTO AND BODY SUPP SHOP SUPPLIES TAIL LIGHT LENSES ~6754 TWIN CITY WATER CLINIC WATER TESTING ~6755 WATERPRO PARK DRINKING FOUNTAINS CITY GAR 63.85 CITY GAR 248.15 418.50 PUB WKS 32.71 MUN BLDG ~3.57 CITY GAR 363.64 SEWER DE 35,569.00 STREETS 1.5~4.05 WATER DE 3.410.00 SEWER DE 2.790.00 6,200.00 PARKS & ~2.65 WATER DE 50.00 2.~00.00 POLICE P 35.301.75 PLANNING 152.00 GEN GOVT 182.75 334.75 CITY GAR 25.37 PUB WKS 4.90 WATER DE 20.00 PARKS & 182.63 16756 MN SUN PUBLICATIONS FINANCIAL/LIQ REPORT FINANCE 684.~~ LEGAL ADS -------- 76.50 *** TOTAL FOR MN SUN PUBLICATIONS 760.61 *** TOTAL CHEr.T{~ FOR APPROV AT. *** TOTAL CHECK APPROVAL LIST Page 4 1~O,274.50 195,284.34 C H E C K REG I S T E R CHECK CHECK EMPLOYEE NAME CHECK CHECK TYPE DATE NUMBER NUMBER AMOUNT COM 8 22 95 70 KIMBERLY A. ALLEN 209707 70.58 COM 8 22 95 90 BRENT L. BALTUFF 209708 409.44 COM 8 22 95 110 CONNIE D. BASTYR 209709 184.84 COM 8 22 95 120 ROBERT B. BEAN 209710 230.87 COM 8 22 95 125 BRUCE E. BENSON 209711 184.70 COM 8 22 95 230 CHRISTOPHER M. CAREY 209712 477.94 COM 8 22 95 375 JODI A. DALLMAN 209713 86.13 COM 8 22 95 500 CHARLES S. DAVIS 209714 776.65 COM 8 22 95 775 JAMES C. EAKINS 209715 654.63 COM 8 22 95 1001 JOHN M. FRUTH 209716 81.00 COM 8 22 95 1050 PRESCOTT M. GERLING 209717 203.74 COM 8 22 95 1105 KERI ANNE GRAf 209718 62.33 COM 8 22 95 1160 STEPHANIE A. HABER 209719 144.52 COM 8 22 95 1190 KATHLEEN A. HEBERT 209720 583.94 COM 8 22 95 1400 PATRICIA R. HELGESEN 209721 642.72 . COM 8 22 95 1415 SHAWN D. HEMPEL 209722 177.26 COM 8 22 95 1550 JAMES C. HURM 209723 1619.93 COM 8 22 95 1601 BRIAN D. JAKEL 209724 125.51 COM S 22 95 1700 JEFFREY A. JENSEN 209725 763.89 COM 8 22 95 1800 DENNIS D. JOHNSON 209726 797.18 COM 8 22 95 1940 LOREN A. JONES 209727 150.26 COM 8 22 95 1950 MARTIN L." .JONES 209728 51.07 COM 8 22 95 2100 WILLIAM F. JOSEPHSON 209729 632.19 COM 8 22 95 2212 MARY BETH KNOPIK 209730 5.54 COM 8 22 95 2500 SUSAN M. LATTERNER 209731 261.24 COM 8 22 95 2550 PETER W. LENZEN 209732 108.13 COM 8 22 95 2800 JOSEPH P. LUGOWSKI 209733 819.56 COM 8 22 9S 2875 DOUGLAS J. MALAM 209734 184.70 COM 8 22 95 2900 RUSSELL R. MARRON 209735 71.67 COM 8 22 95 2905 PAUL S. MARSO 209736 83.53 COM 8 22 95 2930 JENNIFER T. MCCARTY 209737 182.05 .COM 8 22 95 2955 CHRISTOPHER M. MCNEAL 209738 95.58 COM S 22 95 2980 JILL M. MOORE-KUNZE 209739 154.41 COM 8 22 95 3000 THERESA L. NAAB 209740 687.93 COM 8 22 95 3100 LAWRENCE A. NICCUM 209741 894.78 COM 8 22 95 3400 BRAdLEY J. NIELSEN 209742 1069.53 COM 8 22 95 3500 JOSEPH E. PAZANDAK 209743 1026.43 COM 8 22 95 3600 DANIEL J. RANDALL 209744 858.62 COM 8 22 95 3675 SUSAN M. RINEHIMER 209745 72.03 COM 8 22 95 3701 BRIAN M. ROERICK 209746 21.29 COM 8 22 95 3800 ALAN J. ROLEK 209747 1185.81 COM 8 22 95 3900 CHRISTOPHER E. SCHMID 209748 411.34 COM 8 22 95 4190 DANA G. SHAW 209749 41.56 COM 8 22 95 4500 KRISTI STOVER 209750 184.70 COM 8 22 9S 4575 REBECCA A. TARVIN 209751 189.89 COM 8 22 95 4600 BEVERLY J. VON FELDT 209752 605.95 COM 8 22 95 4750 RALPH A. 'MEHLE 209753 625.28 COM 8 22 95 4900 DEAN H. YOUNG 209754 656.84 MAN 8 22 95 5000 DONALD E. ZDRAZIL 209705 1231.35 ****TOTALS**** 20841.06