The URL can be used to link to this page

081495 CC Reg AgP - . .. CITY COUNCIL REGULAR MEETING CITY OF SHOREWOOD MONDAY, AUGUST 14, 1995 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. The City Council will adjoum to a Work Session fonrat irrmadiately following the regular portion of the meeting. No action will be taken at this time. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Roll Call Stover Benson Malam McCarty Mayor Bean B. Review Agenda 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes July 24, 1995 (Att.- #2A Minutes) B. City Council Special Meeting Minutes July 25 and July 31, 1995 (Att.-#2B Minutes) 3 . CONSENT AGENDA - Motion to approve items on Agenda &: Adopt Resolutions Therein: Consent A. A Motion to Adopt a Resolution Approving a Setback Variance (Att.-#3A Proposed Resolution) Applicant: Rick and Maureen Spencer Location: 4350 Dellwood Lane B. A Motion to Adopt a Resolution to Set September 11, 1995 as a Public Hearing for Assessment of Delinquent Utility Charges and Other Property Specific Charges (Att.-#3B Proposed Resolution) C. A Motion to Approve Renewal of Assessing Contract (Att.- #3C Proposed Contract) D. A Motion to Approve Additional Horses with Permit (Att.- #3D1 Letter of Requestj #3D2 Staff's Recommendation) Applicant: Patricia Jenson Location: 6020 Galpin Lake Rd E. A Motion to Establish October 28, 1995 as Fall Clean-up F. A Motion to Approve the Hiring of a Person for Part Time Position (Att.-#3F Memorandum) G. A Motion to Violation Appellant: Location: Extend the Deadline Regarding a Zoning Dave Herzog Representing Alan McKinney 4925 Rustic Way . .. CITY COUNCIL AGENDA - AUGUST 14, 1995 Page 2 H. A Motion to Adopt a Resolution Accepting a Feasibility Report for City Improvements for Smithtown Woods (Att.- #3H Proposed Resolution) I. A Motion to Adopt a Resolution Accepting City Project #94-1, #94-2, #94-33 - Shady Island Dry Hydrant Projects and Authorizing Final Payment (Att.-#3I Proposed Resolution) J. A Motion Authorizing the Purchase of Valves for Not to Exceed Amount of $16,000 (Att.-#3J Engineer's Memorandum) 4 . MATTERS FROM THE FLOOR (Presentations are limited to 3 minutes. No Council action will be taken.) 5 . PARKS - Report by Mart in Report on August 8 Park Commission Meeting 6 . PLANNING Report by Representative A. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for accessory Space in Excess of 1,200 s.f. (Att.-#6A Planner's Memorandum) Applicant: John Erickson Location: 23785 Yellowstone Trail B. A Motion to Adopt a Resolution Approving a Simple Subdivision/Combination (Att.-#6B Proposed Resolution) Applicant: Ron Miller Location: 26705 Edgewood Road C. A Motion to Adopt a Resolution Approving a Simple Subdivision/Combination (Att.-#6C Proposed Resolution) Applicant: William Bukovec Location: 5335 Eureka Road/25520 Orchard Circle D. A Motion Directing Staff to Prepare a Findings of Fact Regarding Development Stage Approval for Smithtown Properties P.U.D. (a.k.a. Ledin/Wartman/Minnewashta P.U.D.) (Att. #6D Planner's Memorandum) Applicant: Lundgren Bros. Construction Location: 76.5 acres north of Smithtown Road, west of Minnewashta Elementary School E. A Motion Regarding a Zoning Violation Appeal (Att.-#6El Planner's Memorandumj #6E2 Appellant's Letter) Appellant: Michael Fannon Location: 5715 Christmas Lake Road F. A Motion to Adopt a Resolution Approving a Simple Subdivision/Combination (Att.-#6F1 Planner's Memorandumj #6F2 Proposed Resolution) Applicant: St. John's Church & Don Huntington Location: 680 Mill St (Excelsior) & 21990 Brackett's Rd . , CITY COUNCIL AGENDA - AUGUST 14, 1995 Page 3 7 . CONSIDERATION OF A PETITION TO REPLACE STOP SIGN AT MAPLE LEAF DRIVE (Att.-#7A Petitioni #7B Supporting Documentation) 8. PRESENTATION BY THE CHRISTMAS LAKE HOMEOWNERS' ASSOCIATION ON JOINT WATER QUALITY STUDY 9 . CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE ESTABLISHING A POLICY ALLOWING FOR PREPAYMENT OF A PORTION OF THE WATERMAIN ASSESSMENT (Att. -#9 Proposed Ordinance) 10. CONSIDERATION OF A MOTION TO APPROVE THE 1996 SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT REVISED BUDGET (Att ..-#10 Revised Budget) 11. CONSIDERATION A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE SNOWMOBILE TASK FORCE (At t . - # 11A Proposed Resolutioni #llB Letters of Interest) 12. CONSIDERATION OF A MOTION TO APPROVE THE COOPERATIVE AGREEMENTS FOR THE SENIOR COMMUNITY CENTER (Att. -#12 Proposed Agreements) 13. LMCD - Report by Representative Bob Rascop Review of 1996 LMCD Budget (Att.-#13 Proposed Budget) 14. ADMINISTRATOR &: STAFF REPORTS Discussion on 1996 Budget Process 15. MAYOR &: CITY COUNCIL REPORTS 16. ADJOURN TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF CLAIMS (Att.-#16) WORK SESSJ:ON 1 . DISCUSSION ON VISIONING PROCESS &: ESTABLISHING GOALS FOR 1996 2 . ADJOURN .. 4. 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 EXECUTIVE SUMMARY 9f/l. { . -, , \ () SHOREWOOD CITY COUNCIL MEETING ...... ... .' MONDAY, AUGUST 14, 1995 We have received a complementary letter from residents of Enchanted Drive which you might like to have read at the Council meeting. Aaenda Item #3A: This resolution essentially approves a reorientation of setbacks for the Spencer property located at 4350 Dellwood Lane. Staff and the Planning Commission had recommended in favor of the request. Approval requires a four-fifths vote. : . ., Aaenda Item #3B: This resolution establishes a public hearing on delinquent charges to be levied. The hearing would be held September 11 at 7:45 p.m. This is done annually. . Aaenda Item #3C: The assessor is asking an increase in his annual contract for services of $2,641. He justifies the increase by figuring 2.5% for inflation and an additional $1,606 for 86 new houses added to the City in 1994. A motion to approve the contract would be in order. Aaenda Item #3D: This is a request to board a fourth horse at 6020 Galpin Lake Road. Although the property provides approximately .2 of an acre less than the required pasture land, the Animal Control Officer-who does our horse inspections recommends that the permit for the fourth horse be allowed. Ms. Jenson has indicated this request is based on a permanent basis. Aaenda Item #3E: This motion would officially establish Saturday, October 28 as our fall cleanup day. Aaenda Item #3F: This item is a motion to hire Rebecca Tarvin as a part time clerical assistant. The position is provided for in the budget. It is one of two part time clerical positions. A Residential Community on Lake Minnetonka's South Shore ~ . ,..,., .~ Executive Summary - City Council Meeting August 14, 1995 Page 2 of 4 Aaenda Item #3G: Allen McKinney's renter, Dave Herzog, has requested additional time to comply with a zoning violation letter. Given the progress made to date, the Planning Director recommends an extension to 24 August. Aaenda Item #3H: This resolution accepts the feasibility report which is enclosed in the packet for the City improvements for Smithtown Woods subdivision as petitioned. Aaenda Item #31: This resolution closes out the dry hydrant project and authorizes final payment. Aaenda Item #3J: In order to facilitate the timely completion of the watermain project this fall, the engineers have brought to our attention that it is imperative that we now order valves for the system costing as much as $16,000 total. If the project does not . proceed the values could be kept for use in the future or returned at a minimal cost. Aaenda Item #6A: 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. If the approval is unanimous, staff recommends approval of a building permit prior to adoption of the formal resolution at the next meeting. Aaenda Item #6B: Mr. Miller requests approval of a lot line rearrangement which will allow him to share an existing driveway rather than build a new, expensive driveway across a WCA wetland. Staff and the Planning Commission have recommended in favor. Approval requires a simple majority vote of the Council. Aaenda Item #6C: Mr. Bukovec proposes to purchase a narrow strip of his neighbor's property lying north of his lot. The subdivision and combination complies with Shorewood zoning and subdivision regulations and eliminates an existing "flag lot" configuration. Staff and the Planning Commission have recommended approval. Council approval requires a simple majority vote. . " . . . , Executive Summary - City Council Meeting August 14, 1995 Page 3 of 4 Aaenda Item #6D: 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 which will be drafted for development stage approval and the development agreement for the project will contain language which requires payment of the City's charges. This motion is to direct staff to prepare findings of fact. Approval requires a four-fifths vote. Aaenda Item #6E: Michael Fannon requires additional time to comply with a zoning violation letter regarding a utility shed which was constructed on the now vacant Interstudy property. Due to Mr. Fannon's removal of at least two large nonconforming boat houses on the property, the Planning Director recommends that Mr. Fannon be given until 1 May 1996 to either remove the shed or obtain a building permit for a new house on the property. Aaenda Item #6F: Staff and the Planning Commission have recommended approval of a lot line rearrangement between the St. John's Church property and the Don Huntington property. The division/combination brings the Huntington property closer to compliance with Shorewood's zoning requirements, including providing frontage on a public street. Aaenda Item #7: We have received a petition from residents in the Shorewood Oaks subdivision to return the stop sign to Maple Leaf Circle. For your information we have enclosed a whole packet of information from 1991 when the original decision was made to place the stop sign at that location. Although staff's recommendation was to approve the move from Maple Leaf Circle to Oak Leaf Trail because it more closely meets warrants for a stop sign, it is staff's strong recommendation that the option of keeping stop signs at both locations not be considered. Aaenda Item #8: At this point we have no information in the packet but a representative from the Christmas Lake Homeowners' Association will be present to talk to the Council about a joint water quality study. Aaenda Item #9: At the last Council meeting the Finance Director was asked to prepare an ordinance regarding partial payments of assessments. The draft is enclosed in the packet. The draft includes some perimeters on payments. Executive Summary - City Council Meeting August 14, 1995 Page 4 of 4 Aqenda Item #10: The City Council should take action to approve the final budget for the South Lake Minnetonka Public Safety Department. The other communities have now approved the budget. Shorewood's contribution will be $432,555.51 which is a 2.1% increase from last year. This of course does not include Shorewood's cost associated with Shorewood's police officer which is now estimated to be $21,816.97. Aqenda Item #11: A resolution has been prepared making appointments to the snowmobile task force. There are in fact five Shorewood residents who have indicated interest to serve, and there are four positions. We have enclosed a copy of the five letters of interest. We ask that you review the letters and determine who the four appointments will be. The Council had previously indicated there should be two citizens who are supportive of snowmobiling and two citizens who are not supportive of snowmobiling serving on the task force. Aqenda Item #12: Enclosed is the latest cooperative agreement draft which representatives of the various cities have indicated should now be taken to our city councils. Each of the five cities must approve this agreement. Aqenda Item #13: Bob Rascop will be present to discuss the budget and other items concerning the LMCD. Aqenda Item #14: Staff will be asking for direction as to the number and dates of 1996 budget work sessions. A copy of the July 26 memorandum suggesting dates for work sessions is enclosed. '1 ~ ,. . " . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JULY 24, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:31 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; Administrator Hurm, City Attorney Keane, City Engineer Dresel, and Finance Director Rolek. . B. Review Agenda McCarty moved, Stover seconded to approve the agenda for July 24, 1995 as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Minutes - July 10, 1995 Benson moved, Malam seconded to approve the July 10, 1995 City Council Regular Meeting Minutes as presented. Motion passed 5/0. 3. CONSENT AGENDA . Mayor Bean read the Consent Agenda for July 24, 1995. McCarty moved, Benson seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A . Motion to Accept the Appraisal Report for the Watermain Project. B. RESOLUTION NO. 95-59. "A Resolution Approving an Agreement for Engineering Services for Water System Improvements". C. RESOLUTION NO. 95-60. "A Resolution Authorizing Mayor and City Administrator to Execute Subrecipient Agreement with Hennepin County for 1995 (Year XXI) Urban Hennepin County Community Development Block Grant Program". D. Motion to Approve a Sign Permit for the Waterford Shopping Center - Taher Oriental Rugs. Applicant: Shad Tracy Signs on Behalf of Taher Oriental Rugs. Location: Waterford Shopping Center. E. Motion to Authorize an Agreement for Park Project Management Services. p:-:z.1f ," REGULAR CITY COUNCIL MINUTES July 24, 1995 - PAGE 2 F. RESOLUTION NO. 95-61~ "A Resolution Declaring the Adequacy of the Petition for Improvements and Ordering the Preliminary Feasibility Report in the Matter of the Smithtown Woods Development". Motion passed 5/0. 4. MATTERS FROM THE FLOOR - None 5. PLANNING - Report by Representative Commissioner Pisula reviewed the actions taken and recommendations made at the Commission's July 18, 1995 meeting. A. Final Plans for the Heritage P.D.D. Applicant: Abingdon Development Corporation. Location: So. of Edgewood Road Approximately 700 feet East of Howards Point Road. Hurm reported the resolution and development for the Heritage P. D.D. had been prepared although some items were still required. He indicated staff recommends approval of the final . plans. In response to Councilmember Stover, Dresel indicated there was no specific timeline for the required items and there were only minor technical items which needed to be resolved. Mr. Chuck Dillerud, Abingdon Development Corporation, indicated he was in concurrence with the development agreement and believed that all required items except one had been submitted. Malam moved, McCarty seconded to adopt Resolution No. 95-62. "A Resolution Approving the Final Plat of Heritage P.U.D., Abingdon Development Corporation, So. of Edgewood Road approximately 700 feet east of Howards Point Road, subject to staff recommendations. Motion passed 5/0. Mayor Bean explained one element of the Comprehensive Plan was to enhance the current city municipal water system. The intent is to interconnect the entire City over a ten year period utilizing three phases. The fIrst phase would include installation of a water tower on the west end and interconnection with Boulder Bridge and Badger Field. He explained the importance of the construction of the water tower to provide for fIre flow to the west end. Dresel exhibited an illustration of the existing water system. He explained there were presently four hydro-pneumatic systems operating. There was an elevated storage system with well, and treatment systems located in the southeast area. He explained the problem with hydro-pneumatic REGULAR CITY COUNCIL MINUTES July 24, 1995 - PAGE 3 . systems was the limitation of expansion. Also, if a power outage occurs, the well shuts down creating a public safety issue. .' Dresel then exhibited an illustration of the proposed improvements. He explained the water tower will be placed behind Minnewashta School and the extension thereafter. He indicated all extensions will be placed in the right-of-way of the street. Mr. Dick Hurley, C.E. LaSalle & Associates, outlined the procedure used in his analysis of the property assessments. He indicated that from his analysis, he concluded the benefIt to the subject properties proposed to be assessed is greater than the assessment of $5,000. Rolek explained the assessment formula. He indicated each lot unit would be assessed $5,000. The assessment could be spread over a 15 year period at a rate of 7%. This would result in a yearly payment of $550. He explained if City Council approved the project and assessments, the affected property owners would have 30 days to prepay the assessment without incurring interest charges. The amount could also be prepaid anytime thereafter, eliminating future interest charges. He indicated there was also the possibility to prepay a portion and spread the remainder over 15 years but this decision had not yet been made. Hurm explained the schedule for the three stages of public hearings. One for Manitou Rd, one for Howard's Point Road and one for Smithtown Road. Dresel explained the assessment of $5,000 was to provide water to the right-of-way. The individual resident would be responsible to get the water to the house. This would be performed by a plumber for approximately $8 to $12 per foot plus the charge for the water meter and dial of $200. Hurm explained new lots would have an additional $5,000 trunk charge. This would have no effect on lots of record. A. 7:45 p.m. - Emphasis on Manitou Road Mayor Bean explained the procedure for a public hearing and opened the public hearing at 8:20 p.m. . Mr. Tom Sims, 5620 Manitou Road, presented the City Council with a written appeal to the appeal process. He questioned the reasoning for extending the water trunk down Manitou Road as there was nothing located in that area. He indicated all developments in the area were currently hooked to the Tonka Bay system. He stated these properties would receive no benefIt but would still be assessed. He questioned the formula for commercial assessments. Rolek explained the formula for commercial property was 1-1/2 x $5000 = $7500 x the number of commercial units. A commercial unit is considered to be approximately 40,000 square feet of land or approximately one acre. Mr. Sims stated he owned a parcel of land with nothing on it. He indicated he did not feel the benefIt would match the cost of the proposed charge to the property. He noted his objection to the extension of the watermain project as he felt it was not necessary. He indicated if the developer wants water then he should pay the fees. He stated as he understands the formula, he will be required to pay $7,500 in assessments and the other $30,000 will be deferred until a developer buys the land. At the time of such development, there will be a huge assessment which will co~e directly off the market value of his land. He stated he felt the assessment formula could be done ill an extremely more equitable way. REGULAR CITY COUNCIL MINUTES July 24, 1995 - PAGE 4 Mr. Mark Sawyer, 5580 County Road 19, indicated he had been assessed based on proposed plat approval rather than at the single residential rate. He stated plat approval had been delayed due to the development moratorium, and the proposed assessments were a great percent of the value of the property and may affect the feasibility of the project. He questioned the overall assessment formula and its fairness. He did not agree that if a person bought a house on a newly divided parcel or a subdivision, his market value would double and justify the assessment being doubled. He asked the City Council reconsider the formula used to determine residential assessments. B. 8:30 p.m. - Emphasis on Howard's Point Road and Edgewood Road Dresel explained the placement of the watermains in this area. He indicated they do not plan to remove any trees and the service lines will be under the asphalt. Mr. Greg Sochko, 5600 Wedgewood Drive, asked if there were any number of petitions that could effectively stop this project from proceeding. He stated he was not in favor of the proposed watermain extension. Mayor Bean indicated there was not a specific number of petitions that could cause this project to happen or not happen. He indicated this is a decision to be made by the City Council which will . fulf1l1 the future needs of the City of Shorewood as laid out in the Comprehensive Plan. Ms. Marla Bookhout, 26755 Noble Road, indicated she lived in a new development which abuts Heritage and all the residents have private wells. She asked if these properties will be assessed as they may never have City water. She also inquired as to the appearance and height of the water tower. Dresel indicated these properties would not immediately be assessed. He explained this was the reason for the project being conducted in three phases. The most recent developments would be postponed to the end of the project as it was not sensible to tear up new asphalt. He explained the water tower would be approximately the same height and the same shape as the existing tower on Highway 7. . Ms. Becky Marshall, 26525 Strawberry Court, asked when her area would be connected as all residents had brand new wells. Dresel indicated Strawberry Lane would probably be connected in three to four years but it would . not be realistic to look at the new streets until the last phase of the project, in 10 to 15 years. Mayor Bean explained the City would like to get the core infrastructure into place and then to the extent possible, coordinate the extensions with street reconstruction. Mr. J. B. Hidding, 5885 Strawberry Court, indicated the developments only constituted 20% of the total homes in the City. He stated the developers would still come in and do the developments even if the City did not provide the water. Mayor Be3.? explained City-wide municipal water was necessary due to the extent development was occumng now. Mr. Ridding asked what the total cost for water per month would be per home and if sewerlcharges would drop proportionate to water charges. Rolek indicated the minimum water charge per quarter was $22.50 per resident, with the average bill between $35 and $40 per quarter. He indicated the sewer charges were a flat rate because there REGULAR CITY COUNCIL MINUTES July 24, 1995 - PAGE 5 w~s no available means to measure the amount of sewer usage. He reported if every home was on CIty water, a system could be developed for sewer to be paid proportionate to water usage. In response to Mr. Hidding, City Attorney Keane indicated the special assessment process allocates the cost of public improvement can be initiated by 35% of the affected property owners or by the initiative of City Council. He stated the proposed improvements have been an outgrowth of the Comprehensive Plan and water study plan process and have not been brought on by petition. He indicated there is no mechanism for the City's decision to be overturned by petition of affected property owners or voters. Mr. Terry Forbord, Lundgren Bros, presented the City Council with written comments regarding their position on the proposed watermain improvements and assessments. Mayor Bean noted a letter was received from Dave Albrecht, Howards Point Marina, serving notice that they do not want the proposed water service. . Ms. Kristy Williams, 26425 Strawberry Court, asked if any of the Councilmembers lived in the affected area. It was reported that two of the Councilmembers were already on City water and the three others would be affected. Mr. Steve Guzzi, 26650 Strawberry Court, asked if a lot would be assessed immediately if it were touching the stub going through on Strawberry Lane. . Dresel indicated the assessment ordinance stated comer lots would be assessed when City water becomes available. He indicated in this case, the water would probably not be available, as it would not be connected up to the driveway. Mr. Guzzi asked when the project would be implemented and also what Mr. Forbord's comments had been in his letter presented to the City Council. Dresel reported if the City Council proceeds with the project, it would obtain plans and specifications and obtain bids in late August,.with construction starting this fall. The construction of the water tower will not be completed for approximately one year. Mayor Bean read the six points of summary from the letter presented by Mr. Terry Forbord. Mr. Clint Carlson, indicated he didn't care if the water project was done or not but felt the assessment system was unfair. Mr. Eric Olson, 26550 Strawberry Court, indicated he had not received notice of the public hearing and asked if his property would be assessed. He stated he did not see the fairness in the water assessment formula. He indicated it was incorrect to say there was no service available for emergencies, as all cities have a contingency plan. He expressed his objection to the project as a new homeowner with a new well. Dresel indicated Mr. Olson would not have received notice as only the affected property owners received notice of the public hearing. He indicated the Fire Department does have a contingency plan intact. They utilize tankers, and dry hydrants have also been installed in specific areas of the City. He indicated the philosophy behind the trunk charges was the existing residents have subsidized the projects through taxes they have been paying over the years, new lots haven't. Mr. Sims indicated this would drive up the prices of land in Shorewood. He again addressed the issue of fairness. .. REGULAR CITY COUNCIL MINUTES July 24, 1995 . PAGE 6 Mr. Carlson stated he felt there should be one fee for one type of use. The fee should be the same for e:veryone whether they have been in the City or not. He indicated other cities charge so much per lmear foot. He felt the Council should investigate what other cities do. Mayor Bean explained the City created a water assessment task force which consisted of the five Councilmembers, Staff and four citizens who were approached and requested to participate. He indicated the formula was derived after hours of debate. He indicated the developers may have to pay initially but ultimately the homeowners pay the assessments. The new homeowners will be able to spread this fee into a 30 year mortgage but the existing homeowners cannot. He explained the concern with the front footage formula is that it would lead to development. He indicated the Council is trying to stay as development neutral as possible. Councilmember Benson excused himself from the meeting at 9:28 p.m. Mayor Bean recessed the meeting at 9:28 p.m. and reconvened the meeting at 9:35 p.m. Mr. Bill Diem, 5755 Smithtown Circle, commended the City Council for their diligence. He indicated he thought the progress was necessary. He noted the sewer going to commercial property was six inches in comparison to the line of one inch going to residential properties. He stated he works for a design builder and $5,000 was not an unreasonable assessment. He stated . he felt it would be ludicrous to postpone the project. He also indicated there was a law soon to be placed before the City Council which would require mandatory fire protection. If the City was forced to put the water in then, it could result in the loss of competitive bidding. Mr. Diem indicated there were many residents who wished to prepay the assessment but it may be more fair to allow them more than thirty days to do so. Keane indicated the State Statute does not allow the City much flexibility with regard to the payment of the assessments. McCarty moved, Malam seconded to continue the public hearing for public improvements and assessments for the water improvements to Tuesday, July 25, 1995 at 7:30p.m. The motion passed 4/0. 7. ADMINISTRATOR AND STAFF REPORTS A. Review Status of 1995 Objectives Hurm indicated this report was distributed on a quarterly basis and welcomed any questions the Councilmembers may have. B. Review Staff Recommendation for Placement of Stop Signs - Shorewood Oaks Hurm reported staff concurred with the Police Chiefs recommendation regarding the placement of stop signs in Shorewood Oaks. Councilmember McCarty indicated this placement of the stop signs was what the group was looking for and they would also ask for additional police enforcement. . McCarty moved, Stover seconded to direct staff to move the existing stop sign from Maple Leaf Circle westerly to the west intersection of Oak Leaf Trail and Shorewood Oaks Drive. The motion passed 4/0. Keane indicated the redraft of the lease agreement for the Senior Community Center should be circulated to the cities by the end of the week. 9. MA YOR AND CITY COUNCIL REPORTS REGULAR CITY COUNCIL MINUTES July 24, 1995 . PAGE 7 Councilmember McCarty reported she had been contacted by Debra Borkon regarding a water quality study of Christmas Lake conducted in cooperation with the Christmas Lake Homeowners' Association and the City of Chanhassen. There was Council consensus to ask the Christmas Lake Homeowners' Association to make a presentation at the August 14, 1995 Council meeting. Councilmember McCarty also questioned if portable sanitation units were allowed on private yards. Staff indicated they would check the City Code. Mayor Bean asked if Mr. Boyer had been required to obtain a permit for an ice cream social. Hurm indicated his interpretation was that he would not require a permit for this event. Mayor Bean commented on the incredible progress that was made at the meeting last week with representatives of the four cities involved in the Senior Community Center project. Councilmember Stover expressed her thanks to Mayor Bean for his efforts in the project. ayor Bean acknowledged all the efforts other Councilmembers have put into the meetings. 10. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS . Malam moved, McCarty seconded to adjourn the City Council meeting at 10: 10 p.m., subject to approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Lorri L. Kopishcke Recording Secretary TimeSaver Off Site Secretarial ATTEST: ROBERT B. BEAN, MAYOR . JAMES C. HURM, CITY ADMINISTRATOR ..., CITY OF SHOREWOOD SPECIAL CITY COUNCIL MEETING TUESDAY, JULY 25, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:35 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Malam, McCarty, and Stover; Administrator Hurm, City Attomey Keane, Finance Director Rolek, and City Engineer Dresel. Councilmember Benson arrived at 7:40 p.m. Review Agenda . B. McCarty moved, Malam seconded to approve the agenda for July 25, 1995 as presented. Motion passed 4/0. 2. CONTINUATION OF PUBLIC IMPROVEMENT HEARING & - ASSESSMENT HEARING FOR THE W A TERMAIN PROJECT - EMPHASIS ON SMITHTOWN ROAD A. Consider Ordering Improvements and Preparation of Plans and Specifications Mayor Bean continued the Public Hearing at 7:34 p.m. Mayor Bean briefly explained the procedure for a Public Hearing. He indicated there would be a short presentation by staff members, questions by Council and public testimony. He noted anyone wishing to address the Council should identify themselves for the record. . Mayor Bean indicated the proposed project relates to the west end of the City and has been an issue for a number of years. He noted during the Comprehensive Plan amendment process, the water system improvements were identified. *Councilmember Benson arrived at 7:40 p.m. Mayor Bean indicated the improvements would provide water pressure for current residents and for future developments. Mayor Bean indicated a Water Assessment Task Force, consisting of Councilmembers, four citizens, the City Engineer, and the Finance Director had been created to establish the fairest assessment procedure. City Engineer Dresel reported the proposed project, explaining the design and location of the watermain. He indicated the southeast portion of the City already is complete with a water tower serving 35% of the community, plus there is other areas where water is available, but hook up is not complete. F:lB ."" MINUTES OF CITY COUNCIL SPECIAL MEETING July 25, 1995 - PAGE 2 City Engineer Dresel reported there were a number of options which were reviewed. The major criteria of the project are: 1) to build a water tower on the west end of the City; 2) to connect Badger Field, creating a viable system; and 3) to connect Amesbury. He indicated this would create two viable systems. City Engineer Dresel reported the project will be phased in accordance with the Comprehensive Plan. City Engineer Dresel explained the design of the proposed project and the location of the pipes. He noted the piping would run along ditches with priorities being to stay within public property, away from damaging trees and out of the roadway. City Engineer Dresel reported there would be a curb box at each property and the resident would be responsible for the cost of hook up to the curb box from their homes. He noted the cost would be approximately $8 to $12 per foot, depending on the plumber and location of the home. City Engineer Dresel reported the assessment to each home affected would be $5,000. An unidentified resident questioned the height of the water tower. City Engineer Dresel indicated . the height would be from 180 feet to 190 feet. Finance Director Rolek reported the estimated project cost is $1,700,000, of that $1,200,000 will be paid by assessments and the remaining $500,000 will be paid by future hook up fees and usage charges. Finance Director Rolek reported each resident will be assessed $5,000 and new developments will be assessed $5,000 plus a $5,000 trunk charge. He indicated the assessment is payable over 15 years at an interest rate of 7%, this would mean a payment of $550 per year. He explained the first payment would be slightly higher to include prepaid interest. Finance Director Rolek explained some payment options available for residents: 1) a resident could pay the assessment within 30 days of the adoption of the assessment roll and pay no interest; 2) prepay the balance at anytime, saving any remaining interest; and 3) he noted there is no present policy for prepayment of a portion of the balance, but the City has the opportunity to be flexible. Administrator Hurm indicated there were two Public Hearings being conducted, the first is a Public . Hearing regarding the improvements and the second is regarding the special assessments. He noted residents may ask questions in reference to either item. Mayor Bean explained the assessment must be based on the value attributed to the property because of the improvement. He noted the City retained an appraiser to review and compare the fairness of the assessment. A report is available for residents to review. Mayor Bean indicated there was affirmation as to the fairness of the assessment in regard to the increase in value to homes benefiting from the improvements. Ms. Jeanette June, 25930 Wild Rose Lane, asked if residents would be required to connect to the City water system at the point the water line is put in. Mayor Bean indicated the Council is still discussing the time frame in which residents will be required to connect to City water. Mayor Bean indicated it is not the intent of the Council to force residents to abandon their wells. He indicated the residents could still maintain their wells, but the two systems could not be interconnected. . . MINUTES OF CITY COUNCIL SPECIAL MEETING July 25, 1995 - PAGE 3 Administrator Hurm also commented the requirement to hook up to City water will also depend upon the financing of the system. He indicated perhaps the Council could give a year notice as to when the resident would be required to connect. Mayor Bean indicated there is no formal resolution indicating a required time for residents to connect to City water. Mr. Pete Holmberg, 5955 Cajed Lane, indicated he currently has City water available, but is not connected, and has not been assessed. Councilmember Stover clarified, in the past when the City water system was put in residents were not assessed until they connected to the system, this policy has changed for this assessment. She noted those residents in Mr. Homberg's area still will be assessed at the time of connection. Mayor Bean closed the Public Hearing at 8: 11 p.m. Mayor Bean indicated if the assessment roll is adopted, the first installment would be due in 1996. If the Council does not adopt the assessment roll until after November 30, 1995, the first installment would not be due until 1997. He noted if the payment is made in 1997, the resident still would be responsible for the interest from 1996, making the payment nearly double. Councilmember Stover inquired if the Council could approve the improvements without adopting the assessment roll. City Attorney Keane indicated that was possible. Councilmember Stover indicated she is not a proponent for City water, but does see the necessity for water pressure for fire fighting. She does not feel residents should be forced to connect to City water until their wells fail or they choose to connect. Mayor Bean indicated the assessments alone will not cover all the costs of the improvements and future charges and fees will be needed to support the cost. Mayor Bean pointed out many residents have indicated even with new wells water quality is not as high as with City water and they wish to connect. Councilmember Benson indicated from his view point he sees the necessity for City water. He noted through his travels he has noticed virtually every city in the United States has City water. He noted through research and polling, the citizens he has spoken with have had more positive responses to City water than negative. Councilmember McCarty felt the City water system is necessary for addressing safety issues. Councilmember Malam indicated he has been in favor of the City water system since the beginning and feels the City needs to take a progressive approach. Councilmember Malam inquired if there could be a partial prepayment or reduction to the bal.ance made at anytime of the 15 years. Finance Director Rolek indicated State Statute allows for prepayment of the balance, but does not indicate partial prepayment. He did note he believed there could be flexibility on this issue, but would have to review different options. City Attorney Keane reviewed the State Statute and indicated the City, through an ordinance, may establish a flexibility in payment. This ordinance must be in place before certification. City Attorney Keane noted the City forwards to the County Auditor the amount of the assessment for each year, so prepayments could be made, but would need to be outlined in the ordinance. .. MINUTES OF CITY COUNCIL SPECIAL MEETING July 25, 1995 . PAGE 4 Mary Pearson, 25730 Smithtown Road, inquired if the safety issue is the main reason for the City water system. Mayor Bean indicated the safety issue is a major reason, but there are also issues regarding new development, the elementary school, senior housing projects and census projections that affect the decision to construct the City water system. . Councilmember Stover also commented, the Council felt it prudent to construct the water system now when funds from developments would be available. Councilmember Benson indicated it is time for the City to move forward and many residents are in favor of the project. He also added it is better for the City to do the project now, before the State requires the improvement. Ms. Pearson inquired as to how many Councilmembers will be affected by the improvements. The Council indicated three of the five members will be affected, Mayor Bean, Councilmember Benson and Councilmember Stover. Ms. Kristy Williams, 6175 Strawberry Lane, indicated she is a new homeowner, she inquired if . the improvements were already a done deal. She felt the comments of the residents had fallen on deaf ears. Councilmember McCarty explained the background for the project. She noted the project came from the updating of the Comprehensive Plan, there were many informational meetings, open houses, news releases, a video was made for cable television, a citizen task force, and formal Public Hearings regarding this issue. She indicated the Council has tried very hard to gain as much information from the residents as possible and feel they have obtained a sense of the citizens' desires. Councilmember Stover also explained, even though she thought it strange, in order to hold a Public Hearing a document must be available to comment on. It may appear as though the project is already approved and done, but the Council still may vote to deny the project based on public comments or new information. Councilmember Benson indicated this very issue was raised 20 years ago and was voted down by . the Council. He noted he has polled residents for the last six months and has received more positive replies than negative. He also noted the long process which brought the Council to this point. He indicated the issue was raised again three years ago and also voted down. Councilmember McCarty noted at the previous Public Hearing, held on Monday July 24, 1995, residents left early, she wished they would have stayed. Councilmember Benson noted those in opposition at the Public Hearing held the previous night numbered about five or six, and of those two or three were developers not residents. Councilmember Benson indicated he hopes the residents feel as though the Council is hearing their desires. Councilmember Malam noted that 70%-75% of the people the Council has spoken with want the City water system and the Council goes by the comments they hear. Ms. Pearson indicated she was amazed at how much power the Council has over her income. She perceives the Council as not hearing the residents. .. MINUTES OF CITY COUNCIL SPECIAL MEETING July 25, 1995 . PAGE 5 Mayor Bean noted various assessment procedures were reviewed, such as going by linear footage. The Council felt this would encourage development and encourage residents to subdivide. The Council felt assessing each benefitting property the same would be the fairest procedure. Mr. Dan Hayes, 5830 Strawberry Lane, indicated he only received notice in the mail and felt more notice should have been given. Councilmember McCarty indicated although the Council has put notices in the Sailor and various other special notices, sometimes reporters do not report what the Council would like them to, or even attend the regular Council meetings. Mr. Hayes inquired why the residents couldn't vote on the issue, similar to a school district referendum. City Attorney Keane indicated special assessments can be attributed only to those properties benefitting the improvement. Therefore the assessment could not be spread City wide. He indicated a referendum would not be an appropriate vehicle by which to assess a public improvement. . Coun ilmember Stover commented councilmembers have researched at length this issue and have been xtremely conscientious. She noted at times people are apathetic until they realize an issue direc y affects them. Coun ilmember McCarty indicated the Council tries hard to notify residents of issues, discussions conti ue as how to improve notification. Mayo Bean indicated there are two resolutions before the Council for action. McC rty moved, Malam seconded to adopt RESOLUTION #95-63 a Resolution Orde ing Improvements and Preparation of Plans and Specifications. Motion pass d 4/1 with Councilmember Stover opposed. B. Consideration of a Motion to Adopt a Resolution Adopting Assessment (Att.-#2B Proposed Resolution) Admi . strator Hurm read changes to the assessment roll: Page one: PID 32-117-23 14 0044/48, Tony Eiden Co., the trunk charges will be removed. . Page two: PID 33-117-23 120032 Mark Sawyer, the total assessment will be reduced to $6,250 PID 33-117-23 13 0012, Thomas Sims; $30,000 assessment will be deferred until development occurs, total assessment will be $7,500. Page three: PID 32-117-23 140040, Brian Ohland; trunk charges removed. PID 32-117-23 140041, Clint Carlson; trunk charges removed. PID 32-117-23 23 0001, 32-117-23 24 0011, Lundgren Brothers, total assessments and trunk charges removed until development occurs. Page four: PID 32-117-23 31 0026, Daniel Hayes, total assessments removed. .........t: MINUTES OF CITY COUNCIL SPECIAL MEETING July 25, 1995 - PAGE 6 City Administrator Hurm noted he has received a letter from Maud Wadworth. City Administrator Hurm noted the blanks in Resolution 95-64 as: 1996, 7%, and 1996. Benson moved, Malam seconded to adopt RESOLUTION #95-64 "A Resolution Adopting Assessment in the Matter of Boulder Bridge and Badger Field Water System Improvements". Motion passed 4/1 with Councilmember Stover opposed. Benson moved, McCarty seconded to direct staff to draft an Ordinance regarding partial prepayments of assessment, and to have Ordinance in place by time 0 f assessment certification. Motion passed 5/0. Benson moved, Malam seconded to adjourn the City Council meeting at 9:17 p.m. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Ruth A. McLaurin Recording Secretary TimeSaver Off Site Secretarial . ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . OF SHOREWOOD SPE IAL CITY COUNCIL MEETING MON AY, JULY 31, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Bean called the meeting to order at 6:34 p.m. A. Roll Call Prese t: Mayor Bean; Councilmembers Benson, Malam, and McCarty; City Engineer Dresel and Finance Director Rolek. . Absen : Councilmember Stover B. Review Agenda Mala moved, McCarty seconded to approve the agenda for July 31, 1995. Moti n passed 4/0. 2. REVIEW AND CONSIDERATION OF PLANS FOR WATERMAIN PROJECT AND ORDER ADVERTISEMENT FOR BIDS. . Dresel presented the plans and specifications for the Watermain Project to the City Council. He outlin d the plans for the each segment of watermain to be constructed and explained his reco endations for bidding the project. He suggested that, due to the difficulty and cost of movin fiberoptic cable owned by U.S. West in the Manitou Road right-of-way, a directional boring technique be bid. He explained that a box construction technique would be used in certain areas t minimize the need to cut into the roadway, and that augering service lines under the road would also be done to minimize road repairs. Directional boring would also be bid along Edge ood Road where conventional construction would be difficult and costly. He also stated that C ow Medallion Hydrants were specified as approved equals to the hydrants the City now utilize in deference to a request by Munitech. Benso asked if construction would begin this fall, and Dresel acknowledged that it would if accept ble bids were received. Dresel stated that only 600 feet of trench for installing the watermain would be open at anyone time to minimize problems with road conditions. He stated that the projec would be staged to construct Howard's Point Road/Edgewood Road first, Smithtown Road secon and Manitou Road last. Dresel explained that the location of the water tower on the Minnewashta School property was still to be orked out with the School District. Bean ked whether the project would be bid with all construction options -- directional boring, box c nstruction and conventional construction -- for all areas, or only certain options. Dresel replie that conditions would dictate the method of construction and the bidding option. Dresel stated that sealcoating of affected roads is included in the specifications to make the roads unifo upon the completion of the project. SPECIAL CITY COUNCIL MINUTES July 31, 1995 . PAGE 2 Benson moved, Malam seconded, to approve Resolution No. 95.65 approving the plans and specifications for watermain improvements and advertising for bids. Motion passed 4/0. 3. ADJOURN Malam moved, Benson seconded to adjourn the City Council meeting at 6:49 p.m. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Alan J. Rolek Finance DirectorfTreasurer ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . -,4 . . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTlNG A SETBACK VARIANCE TO RICK AND MAUREEN SPENCER WHEREAS, Rick And Maureen Spencer (Applicants) are the owners of real property. located at 4350 Dellwood Lane, in the City of Shorewood, County of Hennepin, legally described as: "Lot 6, Block 3, Enchanted Gardens"; and WHEREAS, The Applicants have applied for a setback variance to build a deck and porch located 23.6 feet from the rear lot line of the site, which variance amounts to 16.4 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 31 May 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 Commission at their regular meeting on 6 June 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 12 June 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 RESOL YED by the City Council of the City of Shorewood as follows: FlNDINGS OF FACT 1 . That the property contains 29,944 square feet of area and is zoned R -1 CIS, Single- Family ResidentiallShoreland district. 2. That the lot was platted prior to current zoning and subdivision controls, and due to its frontage on Dellwobd Lane has a very shallow buildable area. 3 . That the orientation of the lot is the same as the lots located to the north. 4. That the configuration and shallowness of the lot prevents the owner from making reasonable use of the property. 5 . That the original platting of the property was not the result of any action by the property owner. 6. That a variance as requested would not convey any special privilege to the property owner which is not already enjoyed by adjacent properties. 3.A. .. . . 7. That a variance will not adverselv affectthe character of the area in which the property is located. J 8. That, based upon the City Planner's recommendation, it is appropriate to allow construction within 10 feet of the rear property line as long as a 35-foot setback is maintained from the east side of the property. CONCLUSION 1 . That based upon the foregoing, the City Council hereby grants the Applicants a variance to build within 10 feet of the northerly property line, and that such variance is conditioned upon the owner and any future owner maintaining a 35-foot setback along the easterly property line. 2. That the setbacks as described in 1. above are illustrated on Exhibit A, attached hereto and made a part hereof. 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 14th day of August, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City AdministratorlClerk - 2 - ~.4 (j) z w Q a: <X: CJ Cl w f- Z < ~ o (/) UJ Z Z - :E - ..:.. >- t- Z ::> o u u z ~a: CIJ ~ c.D Z I- UJ o J: -J u z UJ - C") v - , , - o . c. ,. ~~ J '< ~ -!t..~ f1:";' -2+ ~ 7. , , \' .(' \ . /' .... ft.' ",' ~.. ". ,'I ........ ! :--'. .... .' 00- ~o ~ CJV ."" I \ , \ \ Yo o~ 0; i .f ~ '; ; ,l,j .l~~ ..~ ~ .... ::;?: .. .: Exhibit A CITY OF SHOREWOOD RESOLUTION NO. 95- 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 WHEREAS, Shorewood City Code provides for the City to place delinquent sewer, water and stormwater utility charges, City cleanup charges and property clean-up charges on the succeeding year tax rolls for the specified properties; and, WHEREAS, the City Administrator/Clerk has notified the Council that such proposed assessment rolls have been completed and filed in his office for public inspection. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That a public hearing shall be held on September 11, 1995 at 7:45 p.m., in the Council Chambers of the City Hall to pass upon such proposed assessments, and at such time and place all persons owning property affected by such assessments will be given an opportunity to be heard. 2. That the City Administrator/Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published in the official newspaper at least two weeks prior to the hearing, and shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 14th day of August, 1995. . Robert B. Bean, Mayor A1TEST: . James C. Hurm, City Administrator :tF3B '.. ., TO: Jim Hu~m, Sho~ewood City Administ~ato~ Al RoleK, Sho~ewood Finance Di~ecto~ Fo~ Sho~ewood Mayo~ and Ci ty Councilmembe~s FROM: Rolf E~icKson, City Assesso~ 473-1844 DATE: JI.J 1 y .-. ,. .<:0, 19'?5 RE: 1996 Assessment Cont~act Fee Te~m of Cont~act: Septembe~ 1, 1995 th~ough August 31, 1996 Cu~~ent cont~act amount: . Requested amount fo~ 1996 Assessment: . Requested inc~ease: Numbe~ of new houses in 1994: New Pa~cels since last yea~. $41,389.00 $44,030.00 $2641 .00 86 84 My ~equest fo~ inc~ease is based on the following two facto~s. Cost of 1 iving/doing business (2.5%) Cost of app~aisisng additional p~ope~ties (Pa~cel G~o.......th) Total $1,035.00 $1,606.00 $2,641.00 If this amourlt next meeting. is acceptable please p~esent this to the council at the If you have additonal questions, please let me Know. $3c' TO: SMUREWQcJO, r::lN^"NCl. G ~;"\ FROt'1 : ROLF ERI CKSON. Clr( ASSESSOR RE: BUDGET FOR THE 1 '7'96 ASSES~;t"lEl',lT f'"'....__ L,lH it=.: AUGUST 2. 1995 PLEA:=;E A [)[) -~_1Q_=_____________________~_ THE THE EXPEN::::E PORTION OF THE ASSESSORS BUDGET. 1 . t...!E AF:E F'I CT!JRE:=; . F: E P LA C It...) G t'1AN\' eLA('~ ... OLD WHITE PICTURES WITH COLOR ^ 2. THE COUNTY A~;SE:;~;OF.: .,' :::; OFF I CE I~; GO I t".lG PAPERLE:::::3 E:"( 1 997 AND WE ARE REQUIRED TO SUBMIT MORE AND MORE OF OUR A:::SE3::::j"lEt".lT D I F:ECTL"( m..) LI NE . THE COUNT'( A:3:::;E3::::OF: ,,:::: GOAL I:::: TO HA!..)E THE Cm'1PLETE A:::SE:::;:3t'1El,.jT DOt'"jE E:"'( D I F::ECT L I t'.,ll< 8\' 1 "7-'97 . 4It 4It .., - ... CONTRACT FOR ASSESSING SERVICES This contract is made this first day of September, 1995, by and be tl.AJeen the City of Shorewc.od, Hennep i n County, Minnesota (hereinafter called the "Municipality") and Rolf EricKs.on Enter-prises,Inc., dba South....Jest Assess.ing, 14520 12th. Avenue North, Plymouth, Minnesota 55447 (hereinafter call ed the "Contr'actor"). The Con trac tor repr'esen ts tha tits pres i den tis a Licensed Minnesota Assessor as required in Chapter 273 of Minnesota Sta tu tes and that he is a qua 1 if i ed rea 1 est a te appr'a i ser. The Municipal ity represents that District within the Count:.... of Minnesota. it is a separate Assessment He n n e pin an d the S tat e of . ASSESSING SERVICES: The t1unicipality hereby contracts for and the Contractor hereby agrees to cooperate with officals of the Municipal ity and the County of Hennepin in performing 1996 assessment ser'vices as defined in Minnesota Statutes. The Municipal ity agrees and acKnowledges that the manner and the method used in the performance of the assessment duties will be under the control and direction of said Contractor. VALUATION NOTI CE HEARING: The Con trac tor agrees to worK with the Shorewood City Administrator to set a date for the local board of review and to dedicate five days for answering calls and inquiries from Shorewood residents concurrent with valuation notice mail ing. COt-.jTRACT PRI CE: I n cons i der-a t i on of the serv ices rendered by the Contractor, the Municipality shall pay to the Con tr'ac tor a t the above sta ted address, the sum of $44,030.00, payable in twelve (12) installments of $3,669.16 beginning by the last day of September, 1995 and ending b>' the last day of August, 1996. . The following services are to be billed separatel>' on a one time basis. NONE. FURNI SHING OF EQUI PMENT: The con trac tor shall prov i de all transportation necessary for the performance of the services con trac ted for. The Mun i c i pal i ty shall furn i sh all equipment and suppl ies necessary for the performance of the serv ices con trac ted for, i nc 1 ud i ng a curren t se t of aer i a 1 photographs. ATTENDANCE AT COUNCIL MEETINGS: The Contractor shall attend the local board of review meeting on a date selected by the Mun i c i pal i ty and the Contractor and not to exceed thr'ee other Municipality council meetings during the term of the contract. Page Two Sh or' ewood Assessing Contract ... ~,- t'" LEGAL STATUS: The parties agree that the contractor is not r'equ i red to ma in ta in off i ce hours, sha 11 not rece i ve retirement benefits, health insurance benefits, or any other fringe benefits offered to employees of the Municipal ity and shall, in all respects be deemed an independent contractor. IN WITNESS WHEREOF, the Contractor and the Municipal ity have executed this Contract this day of , 1995. City of Shorewood (Municipal ity) b>' . Rolf E. A. EricKson President, Southwest Assessing (Contractor) 1?~f~~~ . .. . . To: Mayor and City Council James C. Hurm, City Administrator From: Teri Naab, Deputy Clerk August 10, 1995 Date: Re: Request to Allow Additional Horse with Permit On July 24 Patricia Jenson, 6020 Galpin Lake Road, submitted a letter requesting permission to be allowed one additional horse on their property. Permit No. 95-21 granted permission for the Jensons to have one horse and two ponies, per the recommendation of the Animal Control Officer. In previous correspondence with the Jensons they indicated that their property was approximately 175'x400' or 1.61 acres. In her most recent letter she indicates a total of 2.8 acres. Ms. Jenson was sent a letter requesting verification of exact acreage as the municipal code requires, "an area where horses are kept, stabled, maintained or confined of at least one-half (112) acre per head". Ms. Jenson submitted the attached letter dated August 8 outlining the property dimensions which total approximately 1.83 acres designated for the stable area. She did not submit a survey and staff was unable to locate one in her property file. Council should determine if they will allow the boarding of one additional horse on this property per the recommendation of the Animal Control Officer, and if so, for what time period; or if they will require a survey of the property to verify actual acreage prior to making a decision. .#3)) ~ mat July 24,1995 . I talked with Carol Dunsmore and she suggested that I write to you. My husband and I already have a horse permit. We have 2.8 acres , a six stall barn and now house a horse and two ponies. A friend would like us to take in her older horse semi-retired. So I am requesting permission for one more horse as soon as possible. She needs to get it away from her current spot as a builder is corning in soon to devel- ope the land. Could you please take this before the next Thank you so .much for your help, Council meeting? 6020 Galpin Lake Rd 'Excelsior, M,inn. 474-5350 _\~.-.?=~~= ':- .'~~':""~':~':;': ~9~~i:~r'~~~'~- ,- , .,. "0: 1 ~-:,~~wffl tift, .~-.. _ -~ ~ -- , ~ ~~ S'. -"' "J-' ( 7" -V" " C! If 1"' '."0 r s r~ ? ~ J' € 'I .)C', 0 "1 ~ 1""-5" I 7V', 1.,) } .....y- tf '......., ? ~ -r ->-~ 0 q ~.~' A-'t/ 1 4-1- "7J. 'sry -,-' A ~ a J \:' "0 1 "" r -.- J.v -" 'J I- 5 ">? ., !;I.-L- l' -...,., !t-" 'I --, -'-' tYI ~ A '" 1- )l ~ .L S --.--' j- '" ...,.." "'1 -?- cYI '-JA , 1.. .J:--rJ cJ ~ ? J' r-) '-0 I- 7" f' ... At>"'-I..{ ~ ...,.,., ) S <>J-, c;- ..,.. ) '. ,(V) -::;;. J ?-L. -7.1. ~ d .., ~ 0 :i p '7- ?-/. -"7)'5 ~ ~ ,..0 X u,p J-tI 'V tI ~vtf{] P ~-tf '1 .> '" Y c. w ....' '>M ~~ 5 ~ " " ..... d. -< y> Q '-' -:I:. ,lI....t. A ~do..J ~ ~ " .... 0 ~ SA' '1 --.- A · VU ..... " 0 --:7 --' , S , .. \M A"(/ Y yJ. oS ~ n q ~-l :r: "<If "')'.J. J.. 7/ S """ Q 1 /I ?..A d ld '\J\-::t: ti" O~ ~~ ' ,.___"'c~ -,~ ,,'--,' ._._~~.:-:::.~:~,~~_..._- ,.,.,;;>::;;;:;:..:.~",~ ~ - -~-,: ~. ---~ -1'~'-----~- ~ . ~----"... 5--- ~~_:::::_..,.,. -- -,-,", f i , \. 0'" '.;- .;;;,~ .::...~'.~'" ...:.:.c..".,.':-:-:::.... d: ~.~..J.. ~-t;J d ---~- ~ t( -L, M'~ ,'1' ?- .J- ....3 Yl~! 5 S I r~~ / ""'I_~~ "" - .s (l,') ~ j/ <J- 5" ~Y) o .s )-tI ~, v'} f/ 0'S)11 _s b 6 I _ .~-.;;; nO J ~ ':J 'f' r !) ~ (.s -l~ -~8~n'"'c>J 4w r; ,b( ~,n\ lUll ;SSL C - ~Ul .i\ Ii' ;1 ~ 1'\, Ii=--" 8-- t'r....-:i I~i ~" I; 11.\ ' --'.: -.'" -'i" --, "':rltJ'" -~, "S'-", , -"-J ' r;rJ 'w' -_! ,-::::.'J =-, ~J /, -;1)/ a-f' . .--:.--:::J / v..':) } -L '1 a _1-L/;I 1I0~H&&SS NII\I 'JO!Sle:lX3~... ....~.. '\..., Pll lllli1 Uldll!9 0(;09:" j uosuarlBd A.l3180S 3NV'V\InH lV'V\IINV' 03^OOH ]V .,d roC) o--r. 0' - I .. - . -, ..;..,~ -."-. ;-~ - :P:<~":-._. - - ~7L '-q- --l ;J 1" ~....,O~ S - "lM o~ (V) o I --- -.(:.. -..J ~< OJ \ a 7tJ \ I/) ~ ~ ~ : ~ -+; ~ '" ,........, ....-J' . --S:" n ~ '-:h s- ~ ~ t ~ 1 r r ,..,..-. Y) J> \ ~ ~'J l/'l p..: '."" .~ J ~ ~>-i: \. 1 '1 ~ ~> (' ;r-~ (\ >~ ~ l' ~ ( ~ ~~ t.. t i. f t -f \) { .... 10' . ~ ~ / ~ ~ - . ~ ~ ?;~ c :::; f P ~ "" (> ;-( C) )..\ ~ ., ~~ l-. ~._ i . j ~J ~ ~ t 1> 4 ~ ~ l, f rl { I '" ~ f -=\- E ~' ~ ~ '/ t ~ '0 i 0 "'--J - J ~ 4\ ~ ~ ~ , t _ . :\ 'F '1 r ~ I<> ,0 1 u'l' ~ r i ~ (J!~ ~ ~ \; ~ -J ~. ~ ~~ t ~ 1Hftt r \)-. R. L,'0J( (' ( __) ~ r ~ ],L ~ ~. ~ . ~. CITY OF CHANHASSEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM !II~~ 2;-,--;--.._.. f! I ~ I r-' / \ \ .~- 1'1' (!:::::7' i f=> i '.' il j--:::' I" '--~,j \ ~> !,!:-:::; ,:~ i /'~ '. I~"""':, Shorewood City Council II! j!j L>',) ~ - 1/ ,'.'j Teri Naab, Deputy ClerkfExecutive secretar~ .h (J " - u /99:; 1[;:/ ,tJ; By Gi Carol Dunsmore. Stable Inspector {l;! if? ~/ July 25, 1995 -fiJ TO: FROM: . DATE: SUBJ: Patricia Jenson's Stable Request 6020 Galpin Lake Road, Shorewood This memo is in reply to Patricia Jenson's requ~st stable an additional horse on her property. For the last three years I have inspected the above property for the renewal of her stable permit. I have always found the premise to be in exc~l1ent condition and the horses/ponies well cared for. Based upon my inspections, I find Pat J~rison a caring'lJlld knowledgeable horse person, and I can recommend without reservation that the Shorewoodi City Council permit her to have an additional horse on her property. . pc: r. . . To: Mayor and City Council James C. Hurrn, City Administrator From: Teri Naab, Deputy Clerk Date: August 4, 1995 Re: Part-time Position The part-time clerical assistant position has been readvertised and we have received applications from many qualified candidates. It would be my recommendation to hire: Rebecca Tarvin 16422 Devon Drive Minnetonka, MN 55345 Rebecca has an educational background in public administration, and comes to us highly recommended by her previous employer. Rebecca will job share with Connie Bastyr, each person working approximately 20 hours per week. With both part time positions filled, we feel the flexibility and coverage we need will be maintained. It is staff's recommendation to authorize the hiring of Rebecca Tarvin at $9.28 per hour with a six month probation period. Rebecca can begin work immediately. #3F POSITION: E' ART - TIME CLZRI CAL , ,#..:), l::J/~~ ' !tUI ~ ({;)~ j n If JU{ 2] ~W~ ~o/ ASSISTAN"l' ~. ADDEmDUM TO CITY OF SROR.:.~OOD ZMPLOYME~ A.PPLIC~TION TO ALL JOB APPLICANTS: Completion of this as part of the City's employment process accurately evaluate your qualifications for Part-time Clerical Assistant. addendum. is required. in order to mo r e the position 0 f .~ . Did you g=aduate from high sc~ool? Yr;vvct,.,,,- S( ..c:.::::--I ~:::i. NO yes, which school? I-t (-~" -1 -... ~ ".... .. i"\ i IIi ( ( I. ;,~ ;''f110 If ~o, do you have aGED? YES NO 3, Do you have any deg=ees/ce~-~ficates which would be hel~ful in tbis position? (~ NO . --ti' -... .'. - I~ L',i. ,.... '-.-..l.,i.., If yes, desc=ibe ~~e COU=se work ~d ~ame of insticution: " ; ;.:oN ".. '. ~ f:,. ; "'":':"1. ........, "";...~ ~'G"...t'J .. 6.' :.;"'\.tc-:\.,,:~ c. I Iv\ ~l.'..J-:'1--'..i; C:':l...:'.~}..t Do you have a~y ~~ici~al e~erience? If yes, desc=ibe your ~erie~ce, name YES t-=-e city, ~ ::u..-me= of vears of se:r-,,-ice, job title ~d ducies: D. Desc=ibe a~erience ~u general office work, , '. - ".. \ . dutl.es a...""la nUIr..cer o!: years: Mtv\( j . (j,., t-4,.l f.J. "" :.. .1.:1..3<: location, r\.i\'..~_\,.~ ~\..:.. - Eo{., ~ i'-;<. th~+ J E. Desc=ibe your computer knOWledge. l'! "",-1 ~(\.1..... \~;"'''p.i-~'''' J U..,-- -c:"'<.J:X.l\ c!.~ What software packages are ( ... '" you familiar with? Years of e.."'Cperience? L15(' J &,...h/( . fu.rJo.:lr-/ Co (LA.-t.r(lc: +::..:1 LJ-p..;- 5. acJskeJ ~ ta WOf J + G...luS-b1:-t j ~.... '"-; w.s~ I {Of.a "b C"""'P.....:fr>- Eave you ever taJcen minutes of a meeting before? @ NO /l . . .I.J - ('q;'I\1"1 ~~ If yes, desc=ibe tile situation: (.('it...,..,.. - 5<("(~~('4 c.... 3 b(}a~c::!...l.': A....\. t'ta.( ~<::.(<.. . j I ...L ~~'~'1".' . .. ~J -S<.c<t:ro..'7 b' V-o:;- Eave you any experi ""-ca wi toh t,:e a 1 ec to i on proc as s ? '!E . NO CO ",..," lk:s (7 ~ ~ If yes, please desc=ibe: I,) -8 Y\.("o. Y\t\. e((t.t7C."_" ,.L. I......-t (\C.':J('~/~' () , J U LI L. I. ,r fl-~ 6,," .,JJ.rsu~i'_ A:e you applying for Veteran's 30nus PoL"ts? YES <@ ~ W .:.J a.../.JD ?( '-' r ^ j- Cka.;r ?I ~.;. .:._s, (1 l: r\ol..<' ~I..~(. r:sf G. . . ,,~ ;:OR CFFlC~ USE ONLY Wct'J( I =-=1= cln OF SHOREWOOO 1 ~, ~ EMPLOYMENT APPLICATION . . . . . .. .. . .. .. .. .. .. .. .. . .. .. . .. .. .. .. . . . . .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. . .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. We weLcome you as an :1ppiic:mt fur ::npioymct. Your 1ppiic:ttion will be consiae.--=a 'NidI oth~ It is the 9Qiic! of the CIty of S"a tilae applic::mcs 3nd. e:npioye::s will ace be disCriminated against on rite b:ISis of me:. coLor. ~. reHgion. rJ:luonaL ong-;.n. sex. IT st:U:US. satuS widI regard co public assist:mc:::. rne:nCership or :xc:iviry in 3. !a<::L! commission. disabiliry or age :n ail aspec:s ; ?=:'SOnnei polic:es. progr.m1S. f'rac::c::s Jnd ope::uions. Tnis petiC! applies co fuil-<ime. part-time. (e.':1por:.try :md se:JSonaL <::npioy The inibrmariOQ coxuained in cttis applic::uioQ will be conside:':d ~ona! and coniidcuw and used oniy inconjunc:ion with possible =mpioyme."1t. P!=se 1Urnisit us widI compie:::: inii:mnation. You are e:1cour4ged ~ atClC any additional :nform2con .. you belie"/e qualifies you for cb.e posicion. ?l=sc use INK OR TYPEWRITER. ............... ............... ..................... 1. Type of 'N'Orx applying for: E'e:m:mcc x. , ill sF'; ~ ?:lrt-T"unc Datc AvailabLe: r~r.uy SdSOnai ........................................... ... ..................".". ............ 2. PS,':tSONAL rNFOEt.'lfATION ................... ...................... ............ . . J. N,.1..1.~E -r n.r Ji iA.. L:st (") L /"'~-D((~C(:_ FIrst Middle A. ....... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ...................0. 4. PRESENT ADDRESS Ili-/ 2.. 2..- Scr= /)(V~..'\ U{j.vC {V\. ll'ti\(' h" ~("- CIry 55 j({ Z!o (Yj~ State ............... .. .. .. .. .. .. .. .. .. .. .. .......... ............ 5. Home Phone No. ' Werle Phone No. &12..- q]D- 3131 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ................. ....... ..... ........... 6.. Arc you a citizc:1 of cb.e U air.ed Sl.art:S? @ No If you are not. do you have Burc:w of rmmigr.1Cion J;lpmvaI CO warle in the U.S.? (If hired ';;y tile Clry, you must si10w proof of eligibility.) Yes No .. '. .. ...... ... ....... .................. ....... ............... i. A.re you willing :lOa 3.vaiiaOie ~ work ove:"...me or sirift work? Q No .......... ..... .... ....................... ..... ...........a.... 3. EDUC~TIONAL INFORMATION: ............... .. .. .. .. .. ............. ... .... ....... .. .. .. .. . . . . C:c:e me hignest g~de com;=ie::d Gr.ldc:: Sc.~ooi [134.56i3 Hign Sc.::ooi 9 :0 !l t! or GED C.Jilc::~e G [4 l5n6j Bt+- -- ?ost G~ciU:lce MA ?!':D EDUC\TION Scboot I , 1--- (/ i).. . "', ... ~ , L t""""r ll\l.' '~'1. jt. ~-n.. I !)n",,', ( t; ('. i t":' j :; 3 1 ! <\{ ('11" .,J St..d<- Lll I"; {d.'J, I J Ot(.';:.' . I --II' i . 1 c.:"ln It ("l t.... (\Au; I '-- 6c...:..'t t\V'^-Cv-..-\ . J I Name JDd Addt:ss of Scilool Cluae of SllUiy tr. . ulgn J' CoUcge .5t- C (("'l,~. (Vi ~ t' i .\.,~'\.C<- Otber (Sper:iiy ) I Wc::t L1st I v: . Did You Co:m~ Gt3IiU;e! f,f2fj~1 ~: f III 613 A I 2 j @ ~- = r ';t;,~ f,f2H.!~: I I Lise Dipl! orDegrr &; Yc:u ObtaixJa Special Skills and Qu.al.ificadoDS . Us, any com:spood= co,,= special co,,= """"'= "'ri:sbops. a:WDog. ODd si:ills ac:quim! that might r:!are '" this eo, and Summarize special joo-re!au::d s.ki1ls and qualliicaaons acquired from e:nployme:lc or od1er experience. r' " . . ""\ c.\ ('l<..- ('x..(("~"\-{ r.,'r(... !'I\(k;.,~('.-\ -t,...t,..... f'l'", ,,'~''-_ I I. ; Ii J "'(' " l,'". c-! - '.r, ....1...- '..,J~',rl\.".. ._1- (J.........7'"-'':'.....;..:.., ~.~" "",'f'.\ I ,I. .J (I 'oJ' ....;.....y .i"", "';)\'I,~,,,, /0 '1:..',. ~\C.. I . I Lise :my curre..:c lice:zses. regiso::uions. or certi:iicares that you possess. Include drivel3 Iic=nse numbe:-. c.!ass and Stare of fssue. I\L - ~ H:r I~ 0(. - 3'1(.,. CS'. ";'.n"..." H:1:. ~ TT..4 ("., 'ec' ~~,_ '- '\ ('" ,-,-, , t~{"c ~ -'<- 'k I . -; i 1J\t' " ) ,oJ'-; nv-... M u~ ~ (.\ ...\..(.~ - "'..'\,.~ ......... \j TO BE COMPLETED BY APPUCL.VIS FOR CLERICAL., ADM1NJSI'RAnvE & FISCAL POsmONS ONLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Typing Ability: )i!i Yes 0 No I,l) .;- WPM ShonlIaod Ability: iii Yes 0 No wP!C 61: ~ ~tJ- Business Machines and Expericnc:s: {, _ ~ {. '? (' .It..... d (c +(),.. L",,-,- +1 ~v BoolWeping ExperiCIC:::: n.01.:'1" oj ~ r . . . . . . . . . . . . . . . . . . . . .J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO BE COMPLETED BY APPUC-\NTS FOR LABOR.&: SImT.Fp TRADE POSITIONS ONLY .... ...... ................ .......................... .......... ..... Apprcnticesitip(s) served or trades learned: Capable of operating. che fOllOWing equipment: Employment Experience Scart w;m your present or last job. fnclude any job-reiar.ed milimry service assignme:us and voLunteer activities. You may exciude organiza- tions which indiClte me::. color. re!igion. gender. national origin. handic:lp or omer proreC".ed StanlS. I Dates Ernoloved , (_ L: -. (-, ..:,.::./ From ! To i Work Performed I ("^'-'f '~:.: I. , I ,\ t..J,)-. '1 c: -<,...--.(" ~J' ,._1. ~~ ;'''' :.. .; .~.~. ~'T I ~=: ~reI~~rv I ~,~<,: ~-1 :),~;: ,-~.-t ./ ~ I M'i l~ ,)("1.1 . I I iJ;[1 I Dares Ernoloved I I From ! 1"0 I rl/'3', IS-fj-f , I Hourlv Rar.elSalarv I Swtinlf I !=inal I Erneloyer T I . . . . - .. u .1,'(.'. \ ( ,. I Address I r to .L.. i I ,. i \ ~ \ '_'.. \ L ( I ~- \~fC(\ I Joo TIde -l"" . ~,.,.' ,. J S~pervisor r- ,(", I . . \ \~.. . \ '_. \. . . r:'u,'_ . .,;.(.t.,: 17.';.; -, . I . '.".~ . _ ~.. ; ='-' '1 ~n :or Lavi~ ' ,tC \ L . L'I to \... ". ;~". . . r\( 'r'," " - . t " , , : \j"", \ . "'---, .E.-nploycr i 2'1 ~,+ r ;::.'- ~L .:5+ '- Address \~(". t'.J 'ro. ~...,~ . " I 11'_ .1 I i i ! . .~ /. . ",; \,. 'i ) 1 (' I CI._J \ ,\<!I--' I ~ Telephone Numbcnsl Job TIde I Supervisor . - . 't' :., . , . ',.. ?., I "t~y ,~~'- ! I ut,.: r--"...... "......._ ..-.oJ"... u.~. ~n :Or Laving _ (-'r'-~ .,j......,.. {.....- ::nployer Telephone Number(sl I I I Houdy Rate/Salary I Stamm: ! Final ) I I I Dares E.'T1oloved From I To I ...1 .J. ! ,-\lidrcss Job Tide Supervisor ~ , '1 I I Rc3son tor Laving Employer Dares Ernolovec! I .-\ddrcss Teiepilone Numbe:(sl Final Job TIde I Supervisor Rc3son lor Lavi~ To ..J /"1..... ... .". J.lr . __....;, #1.~, . ..., ,-'- I II ,/ .,._. -I"': I . "~'l C:.YS I.- -" Work Performed ....... {1/ Vr5 I J /'".,d ~ ".':';c:' I /I' . i < ". f F";;~-h - ..;r.......;,-{ .j; .:.t..;/' I A-i.'.;,-'ud ;......, i,_~ (";\(' ; ",-,-,... (' I ...I ..... ....J I ,5(.~ k~i C ir.-;' L . 5 i,i." "7' ~ ~;~ I , I I I I I I I j I Work Performed Work Performed If you need additional. space. please continue on a separate sheet of pape.... Have you served a sentence in jailor been convicted of a misdemeanor or felony for which a jail sentence couid have been imposed? You may answer "no" if che conviction or criminal records have been annuiled. sealed. set-aside. or purged or if you have be~m pardon- ::d pursuant co the law. =: Yes ~ No [f "yes". please attach a separate sheet with explanation. fntormation concerning tilis question will not be used co automatic:l.ily bar ;tau from employment. '. ... 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.: Mayor and City Council Brad Nielsen 10 August 1995 McKinney - Request for Extension of Deadline to Correct Zoning Violation Property - 4925 Rustic Way Dave Herzog rents the property located at 4925 Rustic Way from Allen McKinney. In his letter. dated 7 August 1995 (see Exhibit A, attached), Mr. Herzog asks for additional time to comply with a zoning violation letter sent out on 28 July 1995 (see Exhibit B). Given the progress made to date in correcting zoning violations on the site, it is recommended that the appellant be granted an extension to 24 August to fully comply with zoning regulations. cc: Jim Hurm Tim Keane Dave Herzog . A Residential Community on Lake Minnetonka's South Shore 3,&, (ltz 07 5/U--tUf/7JZtzf!- _ --'~ C. I) I /? t7 If 1/) f ~tJ~ ~::J W.~L1~~~ ~<"t-{j'-Ilc ~ 'xiIUG-L-LU 1...{;7:z;(/ ) , / ~~llJ~t~~ ~~~.~.......~j . ~~..A-rv ~o-/ /-b,~~' {j . ", -',t .~, Ck-t7 ;} jj ::L,' /" ,-1- - " !? li/11- -d,Lr....f.A.L,__ ~-td 02,,&1Vr6 ~ fCl/r..i~ ki?.J u~t tJt&~ (~&:"-r2h/U d;fCd.k- ~~ff'dL -;b; 7!Uj laduv ~.-CJ ~ ~ ~ tLaf.,ti~-t ~7'J ~ -Izi::iv r ~ .. JHzd_cJulvr'- h0u 1Jd: 1ht~. ... 1.' . ~~-~;:;j~-J1it-~~- ~~ '~hfr1;--~' ...:J-'''~ ~.....~ "4.~ f;)U;'1; :f~v .'(Up m:t AiL.~.~tzf G-riJ-eth'V i1)( ~u. rJu.-- iTUkkv ~ ;6) aw,v h ~V71r ~(ylw ~ ~ d~ r :. \ <. " I " - .... /" [(L~d '!/1Q5- '- Exhibit A e - - -- ---- - -- '~CiLff oiuuLY)7~~ II ~--v ~;, ~/t; \/~ ...... ~.'1 /)1) /} C'1 /1". ) ~ ,. ;}..L- I /'r;P1..(! I .>6. J'j/lZ..Yzd../.Ld.- ~ --P~ ~JV ~.Ll/; :;clL!~?--~ ~~+..~ rJ-u ~ ;i:, . ~~ .11kL~'f no. .~~ 7 d:; .. - -,-~-,--~---_. -- - '~-"'--"~-"--- ------_.~-_._-_._-. ....--..-...- '-.--.-- -. - ._--- =---p --.- ._, _ ----- ".- --- - ,.-----.--- ----., - ~,-- -_. .~ /--_.. .k/vLL ',/. .... . o' ..- .f!~.:5Y--~.....:. .r, ~Juyr.vJ.-'-i4 ~ e .._______.....__ ._.__..__________ __.._.________ _ .__..__.._._.__.. __....__.__..___.____ _.______..___.__ _____ ._.__________________r~__-.. .----..- ~ . ~ . ---;. - , --.----_. !> 1> PtyfjPfR1Y FILE MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Knsti Slover Bruce Senson JennIfer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331.8927 . (612) 474.3236 28 July 1995 Allen H. McKinney 4925 Rustic Way Shorewood, i\1N" 55331 . Re: Zoning Violations - 4925 Rustic Way P.I.N. 26-117-23-14-0090 Dear iVlr. McKinney: Our office has received neighborhood complaints alleging that certain City Code violations exist on your property at the above-referenced address. Upon inspection of the premises, the allegations were found to be accurate. The following violation of Shorewood's Zoning Code (Chapter 1201), Permitted Accessory Uses, was found: .: Blue Ford Escort, License No. 519 HKP (June '93) . unlicensed and parked in front yard setback area off driveway. Pontoon Boat, License No. MN 8293FG (1993) . not registered to site address. Trailer, License No. CTW 6511 (F 89) . license not on file Ice House, License No. 023178 . not registered to occupant of site. Recreational vehicles and equipment may be stored within the buildable area of a lo~ but such use of property is restricted to the owner or occupant of said property. Private garage space can be rented or provided to nonresidents of the property for private passenger vehicles andlor noncommercial vehicles, trailers, or equipment if sufficient off-street parking in full compliance with City Code is provided elsewhere on the property. . . This is to advise you that the violations must be corrected by 9 August 1995, after which your property will be reinspected for compliance. Failure to comply will result in the matter being turned over to the City Attorney for further legal action. If you wish to appeal this order to the City Council, you must do so in writing, by 9 August 1995. Your appeal must state why you can not or will not correct the violations, or if you request additional time for compliance, how much time. Your written appeal will stop further action until such time as the City Council has considered the matter. . Exhibit B A Residential Community on Lake Minnetonka's South Shore . .- . CITY OF SBOREWOOD RESOLUTION NO. 95- A RESOLUTION RECEIVING A FEASIBILITY REPORT AND ORDERING PREPARATIONS OF PLANS AND SPECIFICATIONS WHEREAS, pursuant to resolution of the Council adopted July 24, 1995, a report has been prepared by the City's Consulting Engineer from Orr-Schelen-Mayeron & Associates with reference to the improvements for Smi thtown Woods and this report was received by the Council on August 14, 1995. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood, as follows: 1.) The Council will consider the construction of such improvements in accordance with the report and the assessment of abutting and benefited property for the total cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of $99,820. 2.) Such improvements are hereby ordered as proposed in the Council resolution adopted July 24, 1995. 3.) The City's consulting engineer is hereby designated as the engineer for these improvements and they shall prepare plans and specifications for the making of such improvements. ADOPTED by the City Council of the City of . Shorewood this 14th day of August, 1995. ROBERT B. BEAN, MAYOR ATTEST: JAMES C. HURM, CITY ADMINISTRATOR 1t3H . . CITY OF SHOREWOOD RESOLUTION NO. 95-__ A RESOLUTION ACCEPTING THE SHADY ISLAND DRY HYDRANT PROJECT CITY PROJECT 94-1, 94-2, 94-3 WHEREAS, the City of Shorewood has entered into a contract with Duane Ritter Excavating, Inc. for the dry hydrant project on Shady Island; and WHEREAS, the Contractor has petitioned for final acceptance of the project based on work performed to date; and WHEREAS, a final inspection has been made by the City's Engineer for the project. NOW, THEREFORE, BE IT RESOLVED that: The City hereby does accept the work completed pursuant to said contract and the one year guarantee provIded for in Paragraph 4 of tlie contract for construction shall commence as of the date of this resolution, subject to the following items: 1. The Contractor must make satisfactorY showing that he has complied with the provisions of Minnesota Statutes 290.92 requinng withholding State Income tax; and . 2. Evidence in the Form of an affidavit that all claims against the Contractor by reasons of the Contract have been fully paid or satisfactorily secured. ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 14th day of August, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator $3 I- August 2, 1995 O\\l~~ 300 Park Place East 5775 Wayzata Boulevard Minneapolis. MN 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 Engineers Architects Planners Surveyors Attn: AI Rolek Finance Director j~/lr'~i~~._U.W LSn l' .. 'c M --~ City of Shorewood 5755 Country Club Road Shorewood, MN. 55331 . --.. Re: Shady Island dry hydrant project Request For Final Payment . Dear Mr. Rolek: Enclosed please find the final payment vouchers for Enchanted Point, Enchanted Drive, and the Shady Island bridge dry hydrants along with a copy of the flow test results witnessed by the Mound Fire Chief. We recommend final payment in the amounts as follows: 1) $1,047.98 for the Shady Island Bridge hydrant. 2) $651.98 for the Enchanted Drive hydrant. 3) $591.55 for the Enchanted Point hydrant. If you have any questions regarding the final payment of this project, please do not hesitate . to call me at 595-5695 or Paul Hornby at 595-5696. Sincerely, ORR-SCHELEN-MA YERON & ~~S.OClATES.. .7INC.. ... /// / ~r~<,(Y L . . Joel Dresel, P.E., L.S. City Engineer c: Duane Ritter - Duane Ritter Excavating, Inc. ce h:\5S72.00\ civil\ corres\08029SAR Equal Opportunity Employer . . l\ofEMORANDUM 0\'\\ iF~~ 300 Park Place East 5775 Wa~tJJ. Boulevard MinneapOlis. Wi 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 TO: James Hunn . City .4-clminlstrator . City of Shorewood FROM: DATE: Paul T. Hornby, P.E.'?1l<\ Aupst 9~ 1995 SUBJECf: Butterfly Valves for the Boulder Bridge and Badger Field Water System Improvements City Project No. 95-1 OSM Project No. 5572.04 This past week we investigated the availability of butterfly valves for 16-inch and 2()..inch watermain. The suppliers we contacted informed us that delivery for valves of these sizes would take four to six weeks. In order to accommodate the proposed project schedule, it may be in the best interest Of the City to pre-purchase these valves and distribute them to the project contractOr as required during construction. Preliminary quotes from project suppliers range from 513,000.00 to $16,000.00 for one 26- inch and nine 16-inch butterfly valves. Weare presently requesting competitive written bids from these suppliers. If you have any questions, please do not hesitate to call me at 595-5696. co J:\SS72.04\CMI.\CORJUlS\O$O!l\lS.M1lM ZOd En8l1tee~ . Atchl\el:t5 . Planne:s . surveyors OOSS~ WSO* NV09:90 -#=3J 9 S '0, . . #",. ...- CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDA Y, AUGUST 8, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES DRAFT 1. CALL TO ORDER Chair Mary Bensman called the meeting to order at 7:0 I p.m. 2. ROLL CALL Present: Chair Bensman; Commissioners, Dzurak, Puzak, and Trettel; Administrator Hurm, Council Liaison McCarty. Commissioner Wilson arrived at 7:08 p.m. Commissioners Martin and Colopoulos. Absent: 3. REVIEW AGENDA Hurm noted he would like to add two items to the agenda: Updating Park Maps, and Appointing Park Commission representative to the Snowmobile. Task Force. He indicated these items could be added before item 15. 4. APPROVAL OF MINUTES Dzurak moved, Puzak seconded to approve the minutes of Tuesday, June 13, 1995 as printed. Motion carried unanimously. 5. MATTERS FROM THE FLOOR There were none. 6. PARK AND TRAILS ISSUES REGARDING THE PROPOSED HOUSING DEVELOPMENT NEAR MINNEWASHTA SCHOOLILUNDGREN BROTHERS Hurm briefly reviewed the subject for the Commission. He indicated there is a strip of land between Smithtown Road and the wetland that is under discussion for a trail. Mr. Terry Forbord and John Uban from Lundgren Brothers, gave a brief overview of the entire development project and the area under discussion for a trail, using diagrams and picture boards. Hurm indicated there is an option of a trail with a wooden platform overlooking the wetland and perhaps a pull off area. Although with a pull off area, the City would need neighbors' input. Puzak indicated there are three options; 1) to leave the area as it is; 2) acquire just enough land to have a trail with a bench; or 3) make the area into an attraction with planks, and platform. Hurm noted number three is probably not an option since the wetlands and island are not public. ... SHOREWOOD PARK COMMISSION MINUTES TUESDAY AUGUST 8, 1995 PAGE 2 of 8 Mr. Terry Forbord and Mr. John Uban indicated the wetlands will be dedicated to the city but the uplands will not, so the islands would be the property of the Association. Dzurak inquired as to the cost of the land. Mr. Forbord indicated the land in Shorewood ranges from $2,000 an acre to $50,000 an acre, but he is unsure of the value of this area. He indicated if the city deems the area has value and wishes to take in lieu of park dedication fees that would be fine, or if the city wishes to have the dedication fees that is also fine. The desire of the developer is to develop the site with the least impact to the surrounding environment. Hurm said that the land in question is included in determining density requirements. This is likely a technical issue to be addressed. Mr. Forbord cautioned the city not to overdo the trail, but it should be subtle. Chair Bensman indicated the desire is to preserve the area. Discussion continued regarding various trail options. . Mr. Forbord suggested the Commission should visit the site to review the area. Chair Bensman indicated the Commission would take no action on this item, and would visit the site and come back at the next meeting and review the options. McCarty suggested the Planning Commission review the ordinance to determine if dedicating land should affect the developers density requirement. 7. DISCUSSION ON BASEBALL FIELpS Mr. David Walker, Manager of a South Tonka Little League team, thanked the City for the well maintained fields in Shorewood. He indicated with the growth of interest in baseball they would like the City to consider lighting field #2 at Freeman or building a new field. Chair Bensman indicated this has been discussed before and it was decided the cost was too great at this point for the City to consider. Hurm indicated the lights were noted on the Comprehensive Plan, but for the softball fields to the north, not the little league in the south. . Mr. Walker indicated the difficulty in scheduling all the games into the fields, the lighting would add time available for games. Trettel inquired as to why games could not be played on Sunday. Mr. Tom Schaefer indicated the Minnesota League encourages no games on Sundays. Chair Bensman indicated the Commission realizes the problem and appreciated the information and applaud what the league is doing, but funds are not available for lighting at this time. Mr. Walker inquired if the City would allow the Little League to put sod back in at and shorten the fence at field #2. He indicated they would pay for the materials but would like the City to do the labor, Chair Bensman indicated they would take it under advisement. SHOREWOOD PARK COMMISSION MINUTES TUESDAY AUGUST 8, 1995 PAGE 3 of 8 McCarty requested them to provide a drawing or description of what they want before the next meeting. Chair Bensman indicated the Commission needs to understand an entire project before they recommend anything to the City Council. Chair Bensman requested item nine on the agenda be addressed at this time. 9. MINNETONKA YOUTH HOCKEY ASSOCIATION PRESENTATION . Mr. John Flood, Chairman of the Minnetonka Youth Hockey Association, requested that the Shorewood Park Commission recommend to the Shorewood City Council that the area adjacent to the Freeman Park Softball Fields be allocated for an outdoor ice sheet. Mr. Flood presented the Commission with a brief report regarding the project. Mr. Flood identified the problem; youth population increasing, demand for Ice time intensifies, associated costs soaring, and accessibility to families is decreasing. Mr. Flood proposed an outdoor refrigerated ice sheet with a canopy. He noted this would be a good, reliable outdoor ice surface; construction would be adjacent to the softball fields; it will be refrigerated and groomed; and operational for the 1995-96 season. Mr. Flood noted the Minnetonka Youth Hockey Association will pay for all costs of construction, they are seeking approval for. the allocation of land adjacent to the Freeman Park Softball Fields. . Mr. Flood introduced Ms. Oaudia Johnson, Ms. Johnson indicated the need for the outdoor rink noting statistics indicating significant numbers of new participants for the next year. Ms. Johnson introduced her daughter Sara Johnson, who urged the Commission to allow the construction of the additional rink, so her all girl team may have a place to practice and play. Mr. Todd Friesen, indicated the project is a solution to the problem of not enough rink time being available to teams and families. Mr. Paul Hannan, indicated he is an architect by profession and described the project to the Commission. The ice rink would be refrigerated with a steel constructed canopy and sides would be wrapped in canvas to reduce wind. The facility would be lighted. Mr. Hannan indicated it would be a multiple use facility, available for use in the summer for in-line skating or dance and picnic area. He indicated there is a similar facility in Beloit, Wisconsin. Mr. Hannan noted the project would be paid for by the Minnetonka Youth Hockey Association. They are requesting a favorable recommendation so the project may move forward. Ms. Gerry Graham, indicated she is in charge of the fundraising. She noted the figures she has provided to the Commission she feels are very realistic. She indicated the Association will pay for the construction and maintenance of the ice rink. < SHOREWOOD PARK COMMISSION MINUTES TUESDAY AUGUST 8, 1995 PAGE 4 of 8 Trettel inquired if land in Minnetonka had been considered. Mr. Jim Wyman, indicated the land Commissioner Trettel spoke of was not identified for this use in the Minnetonka Land Use Plan. The site chosen in Shorewood has been identified as an area for an ice rink. Chair Bensman inquired as to who the facility would belong to once built. Mr. Flood indicated the primary concern of the Association is the ability to control the program scheduling. Mr. Wyman indicated in reference to the owner of the building, in the case of Minnetonka, they wanted anything built on City property to belong to the City. The issue would be the control of the programs on the ice. This issue could be negotiated. Ms. Graham indicated another scenario would be to lease the land from the City. The maintenance would then be the responsibility of the Association, not the City or the . taxpayers. . Hurm inquired as to how many Shorewood families participate in the Minnetorika Youth Hockey Association. Mr. Flood indicated last year there was 105 and this year it looks like 111 families. Hurm suggested also discussing the issue with the school district, and maybe a joint effort could be investigated. Mr. Flood indicated it is important for the Association to retain program scheduling, Further discussion was held regarding the issue and options. A Task Force was suggested. Puzak moved, Wilson seconded, to establish a Task Force addressing the Issue Of the Ice Rink at Freeman Park, and present a report to the City Council by January 1, 1996. The Task Force would consist 0 f Commissioner Trettel, Commissioner Puzak, Jim Hurm, John Flood, Paul . Hannan and a representative of the Foundation. Mr. Flood requested the proposal be made to the City Council prior to January 1st. He suggested November 1,1995. Puzak moved, Wilson seconded an amendment to the motion, designating the proposal deadline to be November 1, 1995. The motion as amended passed unanimously. Hurm also suggested a member of the school board could be involved in the meetings. Chair Bensman called a brief recess at 9: 15 p.m. The meeting reconvened at 9:20 p.m. Item 8 was addressed at this time. 8. DISCUSSION ON CATHCART BALLFIELD/SOD OR AGILIME SHOREWOOD PARK COMMISSION MINUTES TUESDAY AUGUST 8, 1995 PAGE 5 of 8 Hurm briefly reviewed this project and indicated if the Commission had no objections, staff recommended a grass infield. The Commission had no objections. 10. REVIEW OF 1995 MID. YEAR BUDGET REPORT Hurm briefly summarized the report and indicated the park budget is doing good. Chair Bensman inquired if the amount designated for general supply was under utilized, or will this be used before year end. Hurm indicated this would be used by year end. Discussion continued onto the 1996 Budget. . 12. CONSIDERATION OF 1996 PARK DEPARTMENT OPERATING BUDGET Hurm indicated this is a proposed budget by staff and changes may have to be made during budget deliberation if there are cuts in overall City budgets. Trettel inquired as to the publicity costs. Hurm indicated this would be in regard to the Park Festival, and Public Relations for parks. 11. CONSIDERATION OF OBJECTIVES FOR 1996 '. Hurm reviewed the objectives proposed by staff. Puzak inquired if there could be a measure of the amount of monies spent by the use of tax revenues versus the amount of monies spent by user based funds. He indicated he would like to have an example to show how the City is working towards user based funding. Hurm indicated this could be established using the cost indicators. Hurm noted it could be shown how the levy dollars decrease, this could be listed as an objective. Puzak indicated it is the goal of the City to do more with less tax revenues by using user based fees to support projects. If a graph was available, the Commission could show applicant and proponents of projects the goals of the City on paper. Chair Bensman indicated anything measurable will be able to help the Commission show what they are doing. 13. CONSIDERA TION PROGRAM OF PARK CAPITAL IMPROVEMENTS Hurm briefly reviewed the Park Capital Improvement Plan. Hurm noted the Badger Park playground equipment and the proposed horseshoe pit are scheduled for 1996. SHOREWOOD PARK COMMISSION MINUTES TUESDA Y AUGUST 8, 1995 PAGE 6 of 8 Hurm indicated some of the amounts may change, he noted the hockey rink or baseball field lights are not included in Freeman park. Hurm reported some items are already done or will be done shortly, such as: the two drinking fountains at Freeman and the volleyball court. During the trail section discussion Hurm noted some amounts may change when street reconstruction is done, trails could be added at that time. Chair Bensman inquired as to if the trails should wait until the water is also put in. Hurm indicated it would depend, but most likely the trails could be done at the same time as the streets. Trettel moved, Puzak seconded, to approve and recommend to the City Council Objectives for 1996, 1996 Park Department Operating Budget and Park Capital Improvement Program 1995-1999. Motion passed . unanimously. 14. COMMISSIONERS REPORTS Cathcart Playground Equipment Update Hurm indicated the playground equipment has not arrived yet. McCarty indicated if the equipment does not arrive by Thursday August 10th, the project would be postponed to Saturday, August 19th. Hurm indicated he had spoken with the foreman of the project and he believes there will be six to eight people setting up the equipment, and encouraged residents to volunteer. July 20 Foundation Meeting Trettel reported the Foundation is considering having the Park Festival in the fall of the year instead of the spring. She also indicated the Foundation wished to have the opinion of the Commission in regard to having a one day beer license during the festival. . Trettel indicated she did not feel comfortable with serving beer at a ,family event. Chair Bensman indicated she would like to see the Festival a success without the sale of beer. Wilson indicated he has seen it work at the Festival in Chanhassen. McCarty indicated she felt it would be in the middle of the day and would work, also it would help the fundraising. Dzurak felt if the beer was in a controlled area, such as a beer garden, people would feel more comfortable with the idea. Trettel indicated she would report the general feelings of the Commission back to the Foundation. Trettel reported the Foundation suggested doing a down graded building for the proposed concession stand, this building would not contain indoor bathrooms. Report on Vacation of SiIverwood Turf Trail Dzurak indicated he would have to make a report at the next meeting, the information was not yet available. ... '. . , SHOREWOOD PARK COMMISSION MINUTES TUESDAY AUGUST 8, 1995 PAGE 7 of 8 15. UPDATING PARK MAPS Hurm inquired if the Commission would like the maps updated now or at a later date. He recommended doing the update this year. Chair Bensman inquired if there is a computer program to update the maps. Hurm indicated it is a goal to eventually do all updating in house, but it is not available at this time. It was the consensus of the Commission to update the maps now. 16. SNOWMOBILE TASK FORCE Hurm indicated a representative and an alternate of the Commission are needed for the Task Force. Commissioner Roxanne Martin was chosen as representative, with Commissioner Colopoulos as an alternate. 17. REVIEW PARK IMPROVEMENTS Hurm noted the Tree Trust has withdrawn from Cathcart Park and he will contact them and try to get them back to do the playground border. Hurm noted Phil Tepko has been appointed Project Manager and will facilitate projects in house. Hurm reported the two drinking fountains will be installed at Freeman Park this year. 17. ESTABLISH NEXT MEETING DATE The next meeting date was scheduled for August 29, 1995 at 7:30 p.m. The following meeting dates were also set: September 26, 1995; October 24, 1995; and November 28, 1995, with no meeting in December. 18. ADJOURNMENT There being no further business, Trettel moved, Puzak seconded, to adjourn the meeting at 10:25 p.m. Motion passed unanimously. RESPECTFULL Y SUBMITTED, James C. Hurm, City Administrator 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 12 July 1995 Erickson, John - C.U.P. for Accessory Space in Excess of 1200 Square Feet 405 (95.21) BACKGROUND . Whole Builders has applied, on behalf of Mr. John Erickson, for a conditional use permit to construct accessory space in excess of 1200 square feet on the property located at 23785 Yellowstone Trail (see Site Location map - Exhibit A, attached). Mr. Erickson has undertaken a substantial improvement project on the property, part of which includes replacing the old garage with a new one. Since the area of the new garage, when added to an existing outbuilding on the site, exceeds 1200 square feet, a C.U.P. is required. The property is zoned R-IC/S, Single-Family ResidentiallShoreland and contains 247,996 square feet (5.7 acres) in area. As shown on Exhibit B the site is occupied by the applicant's home, a tennis court and a 30' x 32' pole barn located on the south end of the site. An old cottage near Lake Linden and a garage, similar in size to that which is proposed, have been demolished. The new detached garage measures 24' x 42' and contains 1008 square feet of area, bringing the total area of accessory structures on the site to 1968. The existing home contains 2042 square feet on the first level alone. Plans for the new garage are shown on Exhibits C - E. The applicant's request letter, dated 5 June 1995 is Exhibit F. ANAL YSIS/RECOMMENDATION Section 1201.03 Subd. 2.d.(4) of the Zoning Code prescribes criteria for granting accessory space over 1200 square feet. Following is how the applicant's plans comply with the Code: a. The total area of accessory buildings (1968 square feet) does not exceed even the first floor area (2042 square feet) of the existing home. A Residential Community on Lake Minnetonka's South Shore ~/I . . Re: Erickson, John C.D.P. for Accessory Space 12 June 1995 b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the R-1C zoning district (.10 x 20,000 = 2000 square feet). c. All buildings on the site, including the new garage, comply with R-1C/S setback requirements. Given the size of the site and the relatively small amount of hard surface area (8.76%), drainage is not an issue. d. Although the construction of the existing pole barn on the south end of the property does not comply with Shorewood zoning standards, the new garage is considered to be architecturally compatible with the house and the area in which it is located. Based upon the preceding analysis, it is recommended that the applicant's request for a conditional use permit be granted as proposed. cc: Jim Hurm Tim Keane Johnson Erickson Mary Jane Heinen - 2 - ... North / I',: JA'I ~rg\:? 12 v' v I~ v~ (24 ) ~.J "360.85 200 I. 13 ,., ( 9) ~ II ( 10) :ti .... (17) JO (21 ) I. ~ .013052' DolDoOO' R,5T3.0 \.01'38.7 :8 ~ ZO-4 ('3) '" . ( 2) ~ 6 ~ W (26) ~2O-C ,~ ~ - <....: Vl UJ Cl: <fl: 5 ',:. 8 f;; - (25) .; 2O-C ~ c;; ~; ~ 171 170 ~ 3 ('3"3) ~I;: i ..5: I~.: 1-; tI">l l.1....! .... -1l "", 0:::1 .25<(/ t\> . :s:l :r: :il: WI ~~:... 35. ~.~:il60 ,,;' lEST .... ~. - ~. ,.... '" I ( 19) ~-------'r- c::::!l. ~(34)f~ 2O-C ( I) 154.25 ~ ,., ( 2) ...... ~ If 172 .. ... ~~~ 360.7. I SJ I I , I I I I I I : (4) I I ., , ~ I , I I ~'i ~ I f -_"?- -- I ~ ...f I.... ...-- .. .... . 297 :'52 ~ \ In ... .... 5! ;:; i u u -< 0 :> C> ."/ ( 27) 173 ...... I -------: ........ , " ,- --;------~-~~ ~/-.' :., ~ ~ '" tJ' Exhibit A SITE LOCATION Erickson C.D.P. ... North ~ct to~Jt, . ._ /~~;\. /~~/~~ ,r ---- (f> /~ '\ - - \ --- "\ . .'-- -' -- (."" "",,", . \ \, ;~ ' 'J . \\ _ \ . ,\ \ \ 1 \ " \ 1\ \ ' \ '\'. . '\ . \ I I \ I I , \ I ; ~1i..f\ \ : , ,'" \ I I ,,--- ",.., I' I , , : I i " -0 ," \ ... - - IBI,... ~-- CB :~ J..,-""'e LINt?Eli (~.,,;,t-J.. /1>.>r':: 114) . , /' I J I I _/ / / ,/ ,"! ,., ,<;1 -" - J---=--=~'.:'.~- : Ntw , , , ! ~ -- . /[ -< , / ~ I _:...~~ .<4 \' L._uA !i 1. ~ - "," ,..."'~! " 'uillt~ NV7" ,\".,~ A, . ~ 'i..f1~,~:,'~'~" -:W' .. " ....., :)4 ' .. . /, 0 ---_c t'.i...,.,., . _"_ __._ - - .. / !j :'fr'ML ---f.,-Jij,:r .' .'t~~~-),., ! J I r.n.." ,/ "-.. I i '~~:: 1~'" "I..L..;.:_--:--o" # ... '-~ . i ~,&~, rc1< ~ I j ~'l~ I __ ':: I, LiJ t- /..3',;:, e'Y'i:o'" t..''Z'D .:::- .. ~2.. 0" .f~fO CE"'WY TUAT 'HIS Pl...t o~ ;~::6"'Tt()N"'AS I'nt!"ARF.O BY uE o~ UNDER ~.:'~rC~u~~I:~~;;;tl';~O ~~"'~T:CT "',",s At_on'llWIP ~~ 1" Sl~ .EL~~ __ :~.,_': ., i I }---.'" "i~ - r- '$1)' , . I _1~!l~,...--?2.:~ I I . f,' l,L. ',:/ ':1 i .....;1_ --I"';t. : II /', I., ,7:1' i ~ "! ~f~Ji iil,~~n . . ~I~; ,', J ..,., . ' ': 4~ <?' "- -r.'!'''- . ,"'--l ~1 I I tJI "' I E :'.'.~ W 'I U", z, W". _ 9 l iiflJ. ',: ~Ii ' . :~~{~..y a,' . .,.... ~;:~{~ Exhibit B SITE PLAN I " , ; I \ ! i;'I.' tII... nonllll." 'UI10dYIIIII." ,unou 3nIf3^'f I'U'~ ,n. 'ftllVllldOO:J SIlIQlln8 J10HM .11''''0_ :1 5b-or-S - I ...~ ...... '..-ne... , ,......... ..........., '''J'~...-o ........., I; " ~ . , \ .. \ ,. ,....-.:! D , ", . . 1919'~l' "ld ' ICCSS mOS8UUlI'l'pOOM8JD4S 1I'!!1 8UOISMOll9A ,9lCel Ut 'or puu lllUl1i 'I^ 3::>N3a1S3l:J NOS)l::>1l:J3 '"1 :)'J I. 'I \r ~ o t" ~~ u:I ti. I- ~ :N a ~ , , , - '- .\ Exhibit C PERSPECTIVE - HOUSE AND GARAGE r ('1 "-\ ,(\ -- . -j :) -- ... r 1,/\ Q:"" . o t^ l' .fI i I ; . I _<? .-..\ + . \- -1 <( I ci. <( \5 .- z > uJ ~ ~ uJ Exhibit D PROPOSED GARAGE - NORTH ELEV A TION . . to", V1083NNIII '8110dV3N...II lunol 3nlt3AV HL~U 'U& IAIl VIUdOO::l IU3Q1In8 310llM -t1lH ..- ;,b-~.s - [ 18lS -.._ "Id . 11:&55 eloS8UUll1 'pooM81OllS lIe'l 8UOIS/il0l18A 59l&~ ul/Or pUll elultlJfA 30N301S3l:l NO~>lOIl:l3 ,-, I.." -'I ," n :, ' , ; I -i- I' 1\ 1'0 -- '\ ,- 11I1 I III 1111 I III , () - , - I-- '~ '" I -----: <- -'\~ i " ."") ~./l <r' . o t-^ (p cL <t ~ uJ > uJ ~ uJ OJ'j' :'1 , ':', , :, : :{ ,I ,I' I ,1: ",' '1 ;j ,-') ( \'.'; -) .. Exhibit E PROPOSED GARAGE - EAST ELEVATION _ ,a,IL.IO. ~ 2928 5TH AVENUE SOUTH - MINNEAPOLIS - MN - 55408- (612)824-6567 I FAX # 824-9387 - MN. LIC. #3093 . V V .-. ...... BUILDERS . A DESIGN- BUIlO COOPERATIVE 5 June 1995 Bradley Nielsen Planning Director Joe Pazandak, Building Official City of Shorewood 5755 Country Club Road Shorewood, MN 55331 ' , Re: Garage at Erickson Residence 23785 Yellowstone Trail Shorewood, MN 55331 ... Mr; Nielsen and Mr. Pazandak: . . . ',I' ' .- ,., ' ;AAUached is updated information related to the site and the garage at the above referenced project. Included is an -aerial photo, a partial county survey map, and the Owner's site description. We prepared a site plan at 1"=501 , scale showing all of the hard cover areas, and a partial site plan s~owing the garage, and the landscaped areas at the house, and exterior elevations of the garage ' We are currently applying for a permit to remove the existing garage anq build a new one of approximately the' same size in the same location. " Steve Dess from our office obtained approval from Brad Nielsen, to provide a Site Plan indicating the present " property boundaries, and the harq surface coverage. We verifi~d the property boundaries by walking the site perimeter, and locating irons where we could (see notes on drawi{1g). ,We measured the setback to the house and the present garage. We also J1leasured the existing hard surface coverage, and calculated the proposed new : ' landscaped areas.. ' ' " . , . ,. The location of the house and existing garage coincides with the survey dated Oct. ,1949. The location ofthe, , house is accurate aCCOrding to the ,1949 survey., The site: plan shows the house iocatlon after the additions that , .' have been made in 1995. The location of the tennis court was' not on the survey so we marked it's location and, . , . square footage on the site plan. The site plan also shows the location and area of :accessory buiidings ,that are , . . " existing and that have been removed. At present, the set back from the lake to the deck on the north side of the house is approximately 135 ft. We determined this distance from the aerial photo of the site, showing the lake in' 1989, and by approximate site measurements (the lake elevation is lower that ttie elevation of the house. , . \ . ' : " . , . ..'.. .' , ,',," .:_ ,.' . '. I. . i j . .. . ",' ,to ',i;" ,~. ' ': ~. .'''. . ;: .. ,',' .' The condition of the exisUng garage is structurallY inadequate to remodel. Bo'h the foundation and slab are cracked, and the wood frame is rotting at the base. We are proposing to remove and rebuild the garage in . approximately the same location. By adding 2' to the west, th~ distance to th~ property line is 20'. The area of the existing garage is 1,044.48 square feet. The area of the' proposed new garage is 1,008 square feet. By. removing 3 accessory buildings anq b~i1difl9 a smaller garage, we are reducing the hard cover of accessory buildings from 2,621 square feet to ,1,968 square feet. ' " Exhibit F APPLICANT S REQUEST LETTER Dated 5 June 1995 o 2928 5TH AVENUE SOUTH · MINNEAPOLIS. MN. 55408. (612)824-6567 I FAX # 824-9387 · MN, Lie. #3093 - \,a"HOLE BUILDERS A DESIGN-BUILD COOPERATIVE We measured the area of the entire property based on the county map. With out accounting for the easement along the south west comer of the lake, we calculate 247,996.1 square feet of property. The proposed area of hard cover adds up to 21,730 square feet. The break down of areas is listed below: The house North deck South and East patios Walkways Drive way Parking Stone wall and pillars Tennis court, Pole barn Garage 2,042. sq.ft. 238. 506. 905. 6,750. 1,808. 194. 7,320. 960. .LOO!l . Total area 21,730.square feet The percentage of hard coverlo total property area is 8.76%. We hope that this information is sufficient and that a permit to rebuild the garage can be issued. Sincerely, , ~~ ~einen, ArcMect . o .. ~ :\ . 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 17 July 1995 Miller, Ron - Proposed Subdivision and Combination 405 (95.18) BACKGROUND . Mr. Ron Miller owns Lot 6, Block 2 of the Boulder Ridge Estates subdivision (see Site Location map - Exhibit A, attached). The lot was platted extraordinarily large due to Corps of Engineers wetland requirements. Although the Corps and the DNR have approved a driveway access from Northgate Circle to the west end of the lot, Mr. Miller has come to an agreement with adjoining property owners to share an existing driveway from Edgewood Road. In order to complete this transaction, it is necessary to rearrange lot lines between Mr. Miller's property and property to the north and west of his property (Bottiger property). As shown on Exhibit B, Mr. Miller proposes to trade approximately 5,177 square feet of his lot (parcel A) for an equal amount of the Borriger property (Parcel C). Both the existing Miller and Borriger properties are quite large, 128,200 square feet (2.94 acres) and 55,460 square feet (1.27 acres), respectively. ANALYSIS AND RECOMMENDATION Although the Corps of Engineers, the Watershed District and the DNR had previously approved a driveway through the WCA wetland, construction would require considerable site disruption and needless expense. The applicant's proposal to share an existing driveway with the property owner to the west is considered a far better solution and should be highly encouraged. Approval is recommended subject to the following: 1 . The applicant must provide the City with a drainage and utility easement over the portion of his lot shown as Parcel C. 2. That the applicant enter into a use and maintenance agreement for the driveway to be shared by the property owner to the west. cc: Jim Hurm Tim Keane Ron Miller A Residential Community on Lake Minnetonka's South Shore fe, 13, / \::::) ~ .s J.~l ..Z~ ~ <<> , , t:: ~! : o ! ~ -1'- -~ 1~;"-1f J Ob .........r~,,,, ',+ '.:lJ, OM...d L .. ~N <> -N t! N ~L 'L91 i' I ~ ~ ...2 .. N ~ ~ - iN:1HO+ .. : , ~: ~ ... , <> , :-... ~-_.,- ~- " ~:- ..~~ ~~~ .:: ... ZI 'IllZ HIIlOII ..~ ...~ ;' ,..i' . ':it .....>\\,,,'1 :r$ @ ~"=' 01> 1-, ~. : - zoo . ,..: ~_~J , . -r . '8 ~ I~ [P, ~. " \. '1 ..3t - -. ~ r. m ilL ~ .....R; ~ _ ~'1 ., ~ .. h :n ~! ~J..~~ ..... --L--'-~m-' m..... ~"" ~~. . f.O't ,..,..... .... ~ _: ~ ~. ...-' .... ,( ~-- _;;" ~ ..;;;:". ___ A.'.~" '-' ......'" t. '0 ;\, .. !; :'.... ..... ~ ,"} 1'"! ~ '6'11 ':, J.I.t,IO.OII ~ .,t. .. Ii 6- \ N LOll Sll ...., 19'.ZS .--..-- E c;; ;~ '1I'.Itt -o;~. .. .. i:l @ :; -O;~. 9 '"-t ~If. OL ~ ,.f. ?5- 5'./ '~';:i' cO :p._ '-' Exhibit A SITE LOCATION Miller - subdivision and combination in nt -.J rl:..':----..--.--......:.::~ :~:-~-=h-..-..-..-=:l "'n__"'" ..~'_:::.:: ';'... K 0 A 0 I .. \ I ~:"'IIQO I I I I I I: I ~ I'~ I' I I I I I S leHiJ'OO' t 161.15 llH( Of It'l[ N E W.:'~IER ~F.. THE. :'.0; llU"Al[Q no. St: _, 10' , .. ~ ~ ~ f ~ ~ i ~ i \I .i ~ w " m w ,. Z o '" C'I :0 '" VI .. VI 0- m ,. ;; VI '" ~ '" '" Z ... a> Z N 0 n -; -; ~ I C\ '" II :0 -; W :0 ,. .. <:> n C> -; 11 fTl fTl ~ -j C> -z 0" pi vt ~ j VI " P ... w ~ ;:r VI ~c <::> ii . .. "TI . ~ :-' h ~\~r" ~ -- ---s;;- o :0 p '" o ~ ~: :~ .~ - - 116 0) "- N 81''5)'00. w fr')'IY?tJ 0 ~(J ~"~WA'I $~f:\ I 0 . - .. . , NORTtt llN! 0" lOl tl. f-l C~, PARCEL A 5177 sa. FT. OR a.lIss ACRES BOUlOE.fl, JUDGE. H,..lES -\ ~ 0"' ___ I H ..- 'J'OO w '" 11 ~ o ... '" " .. ~ -z ~ OJ r r cP 0 0 =. (l 0 r- r- ^ c:.. '" -i :0 \' ... :u 0 ,. n 0"' -; 0' ?J Mi\~r' a> '" r- - ~ c. ~ )> . >- z <::> ,-, 0 :I '" ,. c: x ... :0 ,. r. .... i ~ l! on i ... ~ ... i . " II> ~ " p m ~ ." c ... . ~ & c Ii m % w co ." ~ . " ~ co ,. . ~ ~ f:~J~iA /~~IJ'f soutH LINE OF L01 .. InOCK 2. BOULDER fl:J1J6( fSU1U )J -I ~ 0 0 r Q 0"" C I r 0 0 -\ -- 12.00 Exhibit B PROPOSED DIVISION AND COMBINATION '(p " 8 -."- 2U. 00..._ t .:.... < ~ '5 flQ"!l6.7)' E 12600 ---""'-'IDAIHUH[ of lOT 1. 8LOCl': 1. ..............., .~ CITY OF SHOREWOOD RESOLUTION NO. RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY FOR RON MILLER WHEREAS, Ron Miller (Applicant) has an interest in certain real properties in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied for a subdivision and combination of said properties to form two new parcels, legally described in Exhibit B, attached hereto and made a part hereof; and . WHEREAS, the subdivision and combination requested by the Applicant complies in all respects with the Shorewood City Code; and WHEREAS, the application was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission, dated 17 July 1995, which memorandum is on me at City Hall; and WHEREAS, the application and the Planner's memorandum were reviewed by the Planning Commission at a regular meeting held on 18 July 1995, the minutes of which meeting are on me at City Hall; and WHEREAS, the application was considered by the City Council at a regular meeting of the Council held on 14 August 1995, at which time the Planner's Memorandum and the recommendations of the Planning Commission were reviewed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the two parcels of property legally described in Exhibit A be subdivided and combined to form two new parcels, legally described and shown in Exhibit B. . 2. That the City Clerk furnish the Applicant with a certified copy of this resolution for recording purposes. , 3. That the Applicant cause this Resolution and the Utility and Drainage Easement shown in Exhibit C to be recorded with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of August 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk It, , B 2, EXISTING LEGAL DESCRIPTION - MILLER PROPERTY "Lot 6, Block 2, Boulder Ridge Estates, Hennepin County, Minnesota." EXISTING LEGAL DESCRIPTION - BOTTIGER PROPERTY "That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 117, Range 23, described as follows: . Commencing at a point on the north line of said Northeast Quarter of the Northwest Quarter 238.00 feet from the northwest comer thereof; thence east along said north line 161.35 feet; thence south parallel with the west line of said Northeast Quarter of the Northwest Quarter 283.00 feet; thence West parallel with north line of said Northeast Quarter of Northwest Quarter to the intersection with a line described as follows: Commencing at a point on the north line of the Northeast Quarter of the Northwest Quarter of said section 238.00 feet east from the northwest comer thereof; thence southerly 711.19 feet to a point 226.00 feet east from the west line of said Northeast Quarter of the Northwest Quarter and there terminating; thence northerly along said last described line to the point of beginning. Subject to any easements which may be of record, and; That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota described as follows: . Beginning at the northwest comer of Lot 6, Block 2, BOULDER RIDGE ESTATES, according to the recorded plat thereof, said County; thence South 00 degrees 59 minutes 45 seconds West, assumed bearing along the west line of said Lot 6 and along the west line of Lot 2, said Block 2 a distance of 423.81 feet to the northeast comer of Lot 1, said Block 2; thence North 89 degrees 58 minutes 23 seconds West, along the northerly line of said Lot 1 a distance of 12.00 feet to the intersection with the southerly extension of a line drawn parallel with and distant 12.00 feet westerly form the west line of said Lot 2; thence North 00 degrees 59 minutes 45 seconds East, along said parallel line and its northerly extension 706.98 feet to the north line of said Northeast Quarter of the Northwest Quarter; thence South 88 degrees 53rminutes 00 seconds East, along said last described north line 12.00 feet to the intersection with the northerly extension of the west line of said Lot 6; thence South 00 degrees 59 minutes 45 seconds West, along said last described extended line 282.95 feet to the point of beginning. Subject to Edgewood Road right-of-way." Exhibit A . . PROPOSED LEGAL DESCRIPTION - l\1ll..LER PROPERTY "That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota described as follows: Beginning at the northwest comer of Lot 6, Block 2, BOULDER RIDGE ESTATES, according to the recorded plat thereof, said Hennepin County and assuming the north line of said Lot 6 bears South 88 degrees 53 minutes 00 seconds East; thence North 37 degrees 35 minutes 55 seconds West 19.24 feet to the intersection with a line drawn parallel with and distant 12.00 feet westerly from the northerly extension of the west line of said Lot 6; thence South 00 degrees 59 minutes 45 seconds West, along said parallel line and its southerly extension 439.04 feet to the north line of Lot 1, said Block 2; thence south 89 degrees 58 minutes 23 seconds east, along said last described north line 12.00 feet to the northeast comer of said Lot I; thence North 00 degrees 59 minutes 45 seconds East along the west line of Lot 2, said Block and the west line of said Lot 6 a distance of 423.81 feet to the point of beginning. And; Lot 6, Block 2, BOULDER RIDGE ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota, EXCEPT that part of said Lot 6 described as follows: Beginning at the northwest comer of said Lot 6; thence South 88 degrees 53 minutes 00 seconds East, assumed bearing along the north line of said Lot 6 a distance of 166.14 feet; thence South 00 degrees 01 minute 37 seconds West 33.87 feet; thence North 88 degrees 53 minutes 00 seconds West 139.64 feet; thence North 37 degrees 35 minutes 55 seconds West 43.40 feet to the point of beginning." PROPOSED LEGAL DESCRIPTION - BOTTIGER PROPERTY "That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota and that part of Lot 6, Block 2, BOULDER RIDGE EST A TES, according to the recorded plat thereof, said County described as follows: Beginning at the northwest comer of said Lot 6, and assuming the north line of said lot 6, and assuming the north line of said Lot 6 bears South 88 degrees 53 minutes 00 seconds East; thence North 37 degrees 35 minutes 55 seconds West 19.24 feet to the intersection with a line drawn parallel with and distant 12.00 feet westerly from the northerly extension of the west line of said Lot 6; thence North 00 degrees 59 minutes 45 seconds East, along said parallel line and its northerly extension 267.94 feet to the north line of said Northeast Quarter of the Northwest Quarter; thence South 88 degrees 53 minutes 00 seconds East, along said last described north line 12.00 feet to the intersection with the northerly extension of the west line of said Lot 6; thence continue South 88 degrees 53 minutes 00 seconds East, along said last described north line 161.35 feet; thence South 00 degrees 01 minute 37 seconds West, parallel with the west line of said Northeast Quarter of the Northwest Quarter 283.00 feet to the north line of said Lot 6; thence continue South 00 degrees 01 minute 37 seconds West 139.64 feet; thence North 37 degrees 35 minutes 55 seconds West 43.40 feet to the point of beginning. Subject to Edgewood Road right-of-way." Exhibit B 05/08/1qq5 17:45 612571nql L~SON :~ MELCHER p,(lGE 02 UTILITY AND DRAINAGE EASEMENT This Agreement made and entered into this _day of , ~ 995, by and between Ft Miller Conitn.lction, Inc., and the City of Shorewood, a municipal corporation. J......"" f('o"~"""~, :1\<- L. i-M ?(\ot>e<'t\~$) It1C-. WHEREAS. R. Millar Oetl3tl uctiOl'l, Inc. owns and has title to that real estate and real propeny located in the City of Shorewood, County of Hennepin, State of Minnesota. which is described as follows: Lot S. Block 2, Boulder Ridge Estates, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Hennepin County, Minnesota. and . That part of the Northeast Quarter of the Northwest Quarter of Section 32. Township 117, Range 23, Hennepin County, Minnesota described as follows: Beginning at the northwest comer of Lot 6. Block 2, BOULDER RIDGE ESTATES, aCCOrding to the recorded plat thereof, said Hennepin County and assuming the north line of said Lot 6 bears South 88 degrees 53 minutes 00 seconds East; thence North 37 degrees 35 minutes 55 seconds West 19.24 feet to the intersection with a line drawn parailel with and distant 12.00 feet westerly from the nonherly extension of the west line of said Lot 6; thence South 0 Utty'''tt:i ':U:lIIUIIt.A":::t "+0 ~ru~ ...~.... C:UU'J\:I.:KI1U ....,.a.CUlO', tU11lClII allY III.'" ~.."'I'C""1 extension 439.04 feet to the north line of Lot 1, said Block 2; thence South 89 degrees 58 minutes 23 seconds East, along said last described north line 12.00 feet to the northeast comer of said Lot 1; thence North 0 degrees 59 minutes 45 seconds East along the west line of Lot 2, said Block 2 and the west line of said Lot 6 a distance of 423.81 feet to the point of beginning. WHEREAS. the CIty of Shorewood desires a drainage and utility easement upon a ponion of the above described property in.conjunction with the approval of the lot split proposed by MiIter. L.. +- IV\. j:> (\ Q f> e.1' 1'"\ c ~, 1: fl Co. . ana onVXJ.V4fu~~rl~Pa~.sR1in.R9R~~~J:f~er~fu9QHllgRllt~fJln9Pl acknowledged. R. Miller C"n3trtJGt;~I'I, 11'10. has this day bargained and sold, and by these presents. does bargain, sell. convey and transfer unto the City of Shorewood a permanent easement and right of way, including the perpetual right to enter upon the real estate hereinafter described. at any time that it may see fit for the purpose of the erection and continued operation, maintenance, repair. alteration, inspection and replacement Of the electric transmission, distribution and telephone line circuits, and for the purpose of maintaining and the operation of a drainage ditch over. across, through and under the lands hereinafter described, together with the right to excavate and (efill ditches andlor trenches for the location of said utility, electric transmission. distribution or telephone lines and the further right to remove trees, bUshes, undergrowth and other obstructions interfering with the location. construction and maintenance of said drainage ditch and other utility, electric and telephone lines. The land affected by the grant of this easement and right of way is located in the County of Hennepin, State of Minnesota and is more particularly described as follows: That part of Lot 6, Block 2. BOULDER RIDGE ESTATES, aCCOrding to the recorded plat thereof, Hennepin County, Minnesota described as follows: Beginning at the northwest comer of Lot 6, Block 2. BOULDER RIDGE ESTATES, according to the recorded plat thereof, said Hennepin County and assuming the north line of said Lot S bears South 88 degrees 53 minutes 00 seconds East: thence North ~ degrees 35 minutes 55 seconds West 19.24 feet to the intersection with a line drawn parallel with and distant 12.00 feet westerly from the nonher/y extension of the west line of said Lot 6; thence South 0 degrees 59 minutes 45 seconds West, along said parallel line and Its southerly extension 439.04 feet to the north line of Lot 1, said Block 2; thence South 89 II Exhibit C . I'? . . 05/08/1~q5 17:45 PAGE El3 612571 nql LARSON & MELCHER degrees 58 minutes 23 seconds East. along said last described north ~Ine , 2.00 feet to the northeast comer of said Lot 1; thence North 0 degrees 59 minutes 45 seconds East along the west line of Lot 2. said Block 2 and the west line of said Lot 6 a distance of 423.81 feet to the point of beginning. It is understood and agreed that the City of Shorewood shall have the right to ingress and egress for the purpose at draining and repairing the aforesaid drainage ditches and such conduits, wires or poles may be placed in said easement and maintenance of them in effiCient use and condition. It is understood and agreed that the City of Shorewood's rights in this respect shall be exercised in such a manner as to occasion the least possible interference with the use of the land by A:-MiHer COl ,,,,b u....l;Ol '. h....... or its successor. It is understood that the City of Shorewood shall be responsible for any damage that may be unnecessarily done to the property above described. The City of Shorewood does hereby covenant and agree by acceptance of this easement that it shall maintain at all times in good condition and repair the said drainage and utility easement at its own expense. and this shall constitute a covenant running with the land and binding upon the heirs and assigns of the parties hereto. It is further understood and agreed that the grantor, its successors and assigns, shall be entitled to use the property subject to this easement to the extent that their use does not interfere with the continued use of the City of Shorewood of the above described property for the purposes of a utility and drainage ditch. It is distinctly agreed and understood. however, that this easement granted is not an exclusive easement, but is subject to the equal right on the part at the grantors herein. its successors and assigns of ingress and egress over and upon the aforedescribed property, which right is hereby expressly reserved, The City of Shorewood shall use the right of way with due regard to the rights of the Grantor, its successors, and assigns and shall not use it in any way ot impair the rights of others to its use. L. .... "^ ?('~f>~l""'t\e.~, rl'\~. -fl. Millen CONO'FRUCTION, INC. CITY OF SHOREWOOD By BY Its Ronald Miller Its President STATE OF MINNESOTA ) )ss. COUNTY OF ) Subscribed and swom to before me this _day of ,1995, by Ronald Miller, President of R Miller CSl'I!trtlctj". ...-1nc. a corporation under the laws of the State of Mimesota. on behalf of the corporatiol1' J.. ~M fl1'o Pe.l" t\ t S,I: IV' c.. . Notary Public r' STATE OF MINNESOTA ) } SSe COUNTY OF ) Subscrfbed and swom to before me this _day of ,1995. ~ ,~ of. the City of Shorewood, a municipal corporation under the laws of the State of MInnesota. on behalf of the corporation. Notary Public - ..~ ~ " 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 11 July 1995 Bukovec, William - Simple Subdivision/Combination 405 (95.19) BACKGROUND . William and Tamara Bukovec, owners of the property at 5335 Eureka Road, propose to acquire a 20' x 150' strip of land from their neighbor to the east (see Site Location map - Exhibit A, attached). Lot 5, Block 1, Lee Circle was apparently platted as a "flag lot" prior to the construction of Orchard Circle. The 20' foot strip was intended to provide access to Eureka Road. Once Orchard Circle was constructed the access strip no longer was necessary. The division and combination, shown on Exhibit B, increases the Bukovec property from approximately 27,000 to 30,000 square feet in area. At the same time, the area of the property at 25520 Orchard Circle decreases by 3000 square feet to 28, 927 square feet. ANAL YSIS/RECOMMENDATION The Bukovec's request is extremely simple. Both lots more than comply with the size requirements of the R-IC zoning district in which they are located. The20-foot stripis no longer necessary for access to the easterly lot and it relates much better to the Bukovec property. It is recommended that the division/combination be approved subject to the applicant recording the transaction within 30 days of his receipt of the resolution approving the request. Since the . lot line rearrangement results in no new lots, park, sewer and water charges are not required at this time. cc: Jim Hurm Time Keane Joel Dresel William and Tamara Bukovec A Residential Community on Lake Minnetonka's South Shore t,~ , ,1AI:; 30 ( i) ~ v ....." l.,...t..""- 1lt\; n"&~~ .... ~ '~.1l' ~' ~ '" J (7) , I . " tl6\-~~t. - -; - ... - ";Be: : I I I I I ~ I I I I (4) : I ~ ~: ( 1) "" <Co -, ~PiOOITW ~JL [E I 100 : 60 BIRCH BLUFF RD o _ ~5 _ .l. _ _ I_'~ _ _ , 1185 .". / :---. , '..~ I .:. I - '2 ~ (6)-: (5) '" : , I . \ .' '. - '. - , . . . .- . . 1 : (28) (27) : 1 I , , I " I -. 0 - , - , 1 , J2 ( I I) (,/') w Q; I ~C n -- - 153 - - - ( 2) J ( :) ~40, 7 :s 354.4 . :it lil.39 ~.J_ (03 ~S. .,' .' . '. 203 2 (17) ." . . . . . . ..' I I~ ~ ~' 203 141.4 a, m 10 O. o o >- ~ ,,~~(.. Prtf'Zrt1 .------------- ~ ... ~. '" ... ,.., 40 ., '39 0 J8 '" ~ WfST !:O; ( 14) ~I .,; I- ( 13) !: ( 12) >- >- ... '" 0- ..... - - r:::: w u .... 4 (32) -. 175 <_5T , ,.; . 0,,- "'f\, .4 I I 202.45 20 .45 .. . 'f~~ f'~ts 327.(a~~) '35.86': . 2 Yd' ~~~ (20) ~, ~ ~~!JJI1/L;g ~// 93-1. 5 j.... I I I L- (l ."" . "I.r GOVT LOT (~ \ .~ 2560. ~. .. 9,. .//. '.~. y Exhibit A SITE LOCATION Bukovec - simple subdivision/combination 3ALLY RECORDED MAP. r-"T' , , .1 'J T! ':~ - - - - - - -. -- J:~~~:'::-I~~.. --. -- _. - --- "-'- -- ---- --.- ...-'~,:' i I ~ I I I I I J . /8 I~ I: ) I L I~ I~ ,/;:i Ill/- ~~ ~ 10' ~O 3Nn.l.'S'1'3 311J. 3"t-i,~OoIS I ~ ~ it ~1<;~~lID~______ ~ldOO-091_ ____ _ __ __ ---1: (7\01. ~_.. tIl ~.LO".:fO:l.lnJ.'i"'3 -__ . .l~ IAI Ul _......' cOO(l . l: n . - I on .. , . " ... ^ inu,!.] ,n ' .. -. .t (Jl.n ; . , (J1 ... . 01 l~----~,~------------- ------11~ ~('JJ:~ ~t <'".' I 'J <>> I -0 ~. Is ~ \Y6- ,<>-, I~ ~ cY ~) I ~~ -J) 6'"" ~ 0.- J1.~ ~'b- jll~ ... 'ci 0'~~, 0. ::E 0" V"p. 01 a> o 00 d 0; m"'~=....." , ... ~ .:~> , ~I~ -;;J;1;;r;J I . ,\.) ~ -,' . ).' I .;.... " '. I ' ,\) , , \..J", I ..> :) I ( I I IS I: 4_" ~ ': I I o t-O .nul <(In UJ('J uJ u :i lL Q o o ~ X I!) % "ot ..J . ~~g 1 : ~'~:E on U. ~Oln ~ ~ ~~d III ~1Il tIl ~ ...Q n -r - ~ ~ I , . . , . . ' , ..... ~ - .. .. ~ I- ~ I " I I I I ,.., ,.., .:J:uvv.:::r,,,. ":) -',00'00 l -'0 ;., ...~ )\ ~u ~.; (Y "". ~ -r)~2 ~J52 ,\ Yl1A U 6.-~,6. v) a 'i' ~ ~ ~ '--' "'~l.. ;~- , ~ -,' '. ,..> ... ~ I o lJl :x II> ---... ~ ~3 + '-' ~ ---O"9.-----.~ ~ ~ j .. ,.; ., ~Nn'3MO 3~vt;t.:l J.1:I0.LS-'lo .. ~' '" 9L'i ~n ... .. ,.; ') , \...' \0' ., 1:0 , .~~.. '" -.i " .P oi " ::~-) >. ;/ ... 00 oSt ,-. "-00'00" -.. 'M"OS,9Ioltl ~f'~ ~, Exhibit B PROPOSED DIVISION/COMBINATION _.~-~-----o VO ~I \:1 \1'1'\1 n -=l \I /; ,'0'" . ~ """ CITY OF SHOREWOOD RESOLUTION NO. RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY FOR WILLIAM AND TAMARA BUKOVEC WHEREAS, William and Tamara Bukovec (Applicants) have an interest in certain real properties in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as: "Lots 5 and 6, Block 1, Lee Circle"; and WHEREAS, Applicants have applied for a subdivision and combination of said properties to form two new parcels, legally described in Exhibit A, attached hereto and made a part hereof; and t WHEREAS, the subdivision and combination requested by Applicants complies in all respects with the Shorewood City Code; and WHEREAS, the application was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission, dated 11 July 1995, which memorandum is on fIle at City Hall; and WHEREAS, the application and the Planner's memorandum were reviewed by the Planning Commission at a regular meeting held on 18 July 1995, the minutes of which meeting are on file at City Hall; and WHEREAS, the application was considered by the City Council at a regular meeting of the Council held on 14 August 1995, at which time the Planner's Memorandum and the recommendations of the Planning Commission were reviewed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: t That the two parcels of property legally described above be subdivided and combined to form two new parcels, legally described and shown in Exhibit A. 2. That the City Clerk furnish Applicants with a certified copy of this resolution for recording pu 1. 3. That Applicants cause this Resolution to be recorded with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of August 1995. Robert B. Bean, Mayor ArrEST: James C. Hurm, City Administrator/Clerk L:"L"z, . ~ . . l" To: Mayor and City Council James C. Hurm, City Administrator August 10, 1995 cr From: Date: Re: Item #6D Lundgren Brothers Development Proposal Terry Forbord's letter of objection to the proposed watermain assessment is attached to this memorandum. As you know at this point Lundgren Brothers is not being assessed because the property has not been subdivided. I feel that it is important at this time that Lundgren Brothers understands that a development agreement needs to be signed by them agreeing to pay the assessments and charges associated with City water as are being assessed and charged to other developers. Staff questions the advisability of even preparing a development agreement if the developer is not willing to pay the necessary water related assessment charges. Tonight's approvals perhaps should be given with the understanding that such development agreement will contain provisions requiring the payment of water related assessments and charges. y , . ) I ^8! In ~ . n n/ 11,('11 ~66L 17 /' T', (' 1\ I! Ii II ,'.. ",. \'"'1 Itl 'i (r.,r '\' 11,.--, '"\ n--~ --, ~ 'I .' I ' \.; I -: I /,',' : I ::: I t.r-\, ::: I I '-' : 1\ i =;I/J' ,\ I. '--11;:-.J) --;1 \ 'I . "--' ::=... \.1 U c::J \, _,- c::::..: ""'-J ---------. LUnDGREn BROS. CONSTRUCTION INC 935 E. Wayzata Blvd. Wayzata Minnesota 55391 .473-1231 . July 21, 1995 CERTIFIED MAIL James Hurm, City Administrator/Clerk Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 RE: City of Shorewood Assessment Hearing for Watermain Improvements Dear Mayor and Council Members: We have received the Notice of Assessment Hearing for the Watermain Improvements, a copy of which is attached hereto. We understand that this assessment hearing will be held on July 24, 1995 and on July 25, 1995. In the past we have stated the reasons why we believe that the City's proposed policy relating to the levying of the assessments was not fair or legally correct as to our property within the City and as shown on your assessment rolls. We understand the City has adopted an assessment policy that did not take into account the objections that we have made and that that special assessment policy is the one that is being implemented as part of the proposed assessment for the watermain improvements. We appreciate that special assessment formulas generally and the special assessments in this particular instance are difficult to develop. Apparently your opinion as to what is fair and reasonable and legally correct is different from our opinion. We do needlo note to you our continuing objection to the assessment policy and specifically to the proposed assessment roll to be considered at the assessment hearings as outlined in the attached Notice of Assessment Hearing. A brief summary of some of the objections that we have provided before and we make again in this letter, include the following: I. We believe that a higher percentage of the total cost of this project should be paid from the general fund of the City instead of being assessed. 2. We believe the amount of the proposed assessment for our property is in excess of the benefit conferred to the property. 3. We believe that other properties that are similarly situated are not being assessed as much as they should be. 4. We believe that other properties with existing wells are not being assessed to the extent that they should be assessed, given the nature of the older existing wells. f:lshorewood.doc . . ... July 21, 1995 Page 2 5. The special assessments for other properties which will receive both lateral and trunk benefit should be a higher rate than proposed. Our property is not receiving the same lateral benefit. 6. These assessments are far in excess of those typically found in other cities. We ask that these written objections be filed with the administrator/clerk prior to the hearing and presented to the presiding officer at the hearing so that we will have complied with Minnesota Statutes in regard to those steps that are necessary under the statute to protect our legal rights in the event that a decision is made by us to file an appeal as to whatever special assessments may be finally adopted pursuant to Minnesota Statutes 429.081. If you have any questions or would like us to prepare any additional information prior to the Special Assessment Hearings, please contact the undersigned. Finally, we appreciate our working relationship with the City Staff, Planning Commission and Council and we hope to develop a high quality project in the City in the near future. However, as to the special assessments, as you know, we have the concerns noted above. c Very truly yours, ~ - ~ ~ Terry M:~rd Vice President TMF:bw Enclosure f:lshorewood.doc '-v , ::::J~ (COSO ~ Leaf Circk1 Srrawooo lv\.). OO"dj\ r-., ,e- /~~ Ie n \\ /7 l~ "'\! ! ,. --' , j r- " \\, I". :!""" (r! 1 ;' . I L=:, U ~I '_~:-=3';' . i! d \-l 1:-\'1' . I tl"\.',,\.- U I' ~ '- - :j:j~ ,\ :-"! '.,l '""" August 11, 1995 Mayor and City Council City of Shorewood Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 By Dear Mayor and Council: I am writing regarding the removal of the stop signs at the corner of Shorewood Oaks Drive and Maple Leaf Circle. I came home one day and the stop sign was gone. I said to my wife (Kathie), "someone-stole the stop signs." Kathie then told me that the city had removed the signs. I had never heard that the stop signs were on the agenda to be removed or I would have come to you sooner. There are 20 children directly affected by the safety of these signs, not to mention many other children who play on Maple Leaf Circle, but don't live there. I have attached a map showing you where these 20 children live. My question and concerns are: 1. Who requested the removal of the signs, or why were they removed? 2. Why were residents not notified that this was being done? 3. How do we get the signs back? Please consider replacing the stop signs. Thank you for the job you do for Shorewood. Sincerely, John Swanson ~ PARK - - . , - - . o 0 ..., N o 0 \0 \0 N N - . , - . , - SS09Z OS09Z It"I SL.09Z OL.09Z Q;) S809Z 0 \0 5 S609Z 0609Z a~B SO't9Z t4 Q S't't9Z O't't9Z H 0 0 ~' ~ SZ't9Z f' Q;) OE't9Z 0 0 SE't9Z g \0 \0 Stt9Z.. a SS't9Z OSt9Z It"I ~ S9t9Z i \0 OL.t9Z In 0 SL.'t9Z 'll:t' \0 S8t9Z 0 \0 06t9Z SOZ9Z 0 0 0 0 SZZ9Z 'll:t' 0 In 0 \0 ..., N \0 0 \0 \0 \0 N N - - . - . - . OtE9Z It"I It"I 'll:t' N ..., ..., 09E9Z \0 \0 N N 08E9Z an .n an In in 0\ '" r-- GO 0\ M rof rof rot f"'4 OOt9Z \0 '" '" '" \0 N DY'I AHDlDlwa Thanks to Jan Thibado who typed/printed the directory. CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JULY 18, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7 :02 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust, Lizee, Pisula, Rosenberger, and Turgeon; Council Liaison Benson (arrived at 7:28 p.m.) and Planning Director Nielsen. Commissioner Kolstad. Absent: APPROV AL OF MINUTES Foust moved, Rosenberger seconded to approve the June 20, 1995 Commission meeting minutes as amended on Page 1, under Approval of Minutes, replace "May 16" with "June 6" and on Page 1, under Review Draft of Tree Preservation Policy, replace "Tress" with "Trees". Motion passed 6/0. 1. 7:00 PUBLIC HEARING. C.U.P. FOR ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET Applicant: Location: John Erickson 23785 Yellowstone Trail Chair Borkon announced the case and outlined the procedures for a public hearing. Nielsen reported Mr. John Erickson has undertaken substantial remodeling and renovation of the property located at 23785 Yellowstone Trail. As part of the project, Mr. Erickson is demolishing the existing garage and replacing it with a new garage. A C.U.P. is required since the area of the new garage combined with the existing outbuilding exceeds 1200 square feet. Nielsen indicated the proposed garage measures 24 feet by 42 feet and contains 1008 square feet of are.a resulting in the total area of accessory structures on the site to 1968 square feet. The existing home contains 2042 of square feet. The proposal complies with the four required criteria for a C.U.P. Staff is recommending approval of the C. V.P. Mary J. Heinen, architect, indicated the Ericksons want to be certain the garage is compatible with the site. Chair Borkon opened and closed the public hearing at 7:14 p.m. since no one appeared to address the Commission. The Commissioners considered the application. Pisula moved, Lizee seconded to recommend to the Council that it approve the C.U.P. for accessory space in excess of 1200 square feet for John Erickson, 23785 Yellowstone Trail subject to staff recommendations. Motion passed 6/0. The Council will consider the recommendation at it's August 14, 1995 meeting. PLANNING COMMISSION MINUTES July 18, 1995 - PAGE 2 2. 7:15 PUBLIC HEARING - C.U.P TO CONSTRUCT A SINGLE-FAMILY DWELLING ON A SUBSTANDARD LOT IN THE SHORELAND DISTRICT AND SETBACK VARIANCE ARplicant: Location: Mark Haymaker 4300 Enchanted Drive Chair Borkon announced the case. Nielsen reported Mr. Haymaker is proposing to build a new home at 4300 Enchanted Drive. He indicated since the lot does not comply with the area requirements of the R -1 CIS zoning district or the shoreland district requirements, the law requires the applicant to apply for a C.U.P. He reported the applicant is also requesting a 21 foot front yard setback rather than the required 35 foot setback. Nielsen indicated this request complies with the criteria required for granting a c.u.P. and also a variance. He indicated Staff is recommending the house be shifted on the lot to avoid the necessity of a retaining wall and to save a cluster of oak trees located on the south side of the applicant's property and also some large trees on the adjoining lot. Council Liaison Benson arrived at 7 :28 p.m. Mr. Mark Haymaker, 4300 Enchanted Drive, indicated it was of the utmost importance to him to try to save the trees on the lot due both to cost and appearance. He stated the house was oriented in a way to best meet the energy code. He indicated he would be happy to work with the architect. Chair Borkon opened the public hearing at 7:32 p.m. Mr. Ernest Marciniak, 4325 Enchanted Drive, asked if the twelve foot easement for the dry hydrant and the evergreen trees would be retained. Mr. Haymaker indicated they would be retained. Mr. Karl Schuele, 4320 Enchanted Drive, indicated he was concerned regarding the trees. He showed the Planning Commission a picture of the existing trees on the lot. He indicated he believed the installation of a retaining wall would chop off the roots of the trees. He asked if this was a summer home and if so who would be responsible for maintenance, what the facade of the home would look like, and if the home would be built on pilings. Mr. Haymaker indicated he intended to homestead the property and he would be obtaining soil tests for the building pad after he received Planning Commission approval. Nielsen displayed a sketch of the proposed facade for the public to view. Mr. Vernon Faaberg, 4340 Enchanted Drive, expressed his approval of the diagram presented by staff in which the house was shifted on the lot to avoid the necessity of the retaining wall and would save the existing tress. . Chair Borkon closed the public hearing at 7:39 p.m. The Commissioners considered the application. Foust commented the Commission had spent a lot of time working on the tree preservation policy and he felt this was a situation where it was applicable. There was discussion as to the time frame when this would be before the City Council if it was tabled for two weeks. There was Commission consensus to table this request to allow the applicant to resolve the issues in question. Rosenberger moved, Turgeon seconded to table the request for the C. U.P. to construct a single-family dwelling on a substandard lot in the Shoreland District and setback variance for Mark Haymaker, 4300 Enchanted Drive until the August 15, 1995 Planning Commission meeting. Motion passed 6/0. PLANNING COMMISSION MINUTES July 18, 1995 - PAGE 3 3. SIMPLE SUBDIVISION / COMBINATION Applicant: Location: Ron Miller 26705 Edgewood Road Chair Borkon announced the case. Nielsen explained that Mr. Miller owns property that is part of the Boulder Ridge Estates. Mr. Miller is proposing to trade 5177. square feet of his land for an equal amount of Mr. Bottiger's property. This will allow Mr. Miller access to the Belongia I Comeaux property in order to share driveway access. Nielsen reported Mr. Miller has supplied staff with the drainage and utility easement over Parcel C and the use and maintenance agreement for the shared driveway. Staff is recommending approval of the simple subdivision/combination. The Commissioners considered the request. Rosenberger moved, Lizee seconded to recommend to the Council that it approve a simple subdivision / combination for Ron Miller, 26705 Edgewood Road subject to staff recommendations. Motion passed 6/0. The Council will consider the recommendation at it's August 14, 1995 meeting. 4. SIMPLE SUBDIVISION / COMBINATION Applicant: Location: William Bukovec 5335 Eureka Road /25520 Orchard Circle Chair Borkon announced the case. Nielsen reported Mr. and Mrs. Bukovec, owners of the property at 5335 Eureka Road, propose to acquire a 20 foot by 150 foot strip of land from the property to the east. This property was platted as a flag lot prior to the construction of Orchard Circle. Nielsen indicated both lots meet or exceed the size requirements of the R -1 C zoning district. Staff is recommending approval of the simple subdivision I combination. The Commission considered the application. Rosenberger moved, Pisula seconded to recommend to the Council that it approve the simple subdivision / combination for William Bukovec, 5335 Eureka Road / 25520 Orchard Circle subject to staff recommendations. Motion passed 6/0. The Council will consider the recommendation at it's August 14, 1995 meeting. 5. SMITHTOWN ROAD PROPERTIES P.U.D. - DEVELOPMENT STAGE PLAN Applicant: Location: Lundgren Bros., Inc. 76.5 acres north of Smithtown Road, west of Minnewashta School Chair Borkon announced the case. Nielsen reported last month Lundgren Bros. received Concept Plan approval for the proposed development located 76.5 acres north of Smithtown Road, west of Minnewashta School. He indicated there is still some discussion in regards to the strip of land between Smithtown Road and the wetlands. The wetlands should be dedicated to the City and use of the strip and designation of the trail are subject to the Park Commission's recommendation. He noted the preliminary plat does not include street names or a plat name. This issue must be resolved prior to the final platting. The front yard setbacks will be 35 feet, rear setbacks 40 feet, PLANNING COMMISSION MINUTES July 18, 1995 - PAGE 4 side setbacks 10 feet, side abutting street 35 feet, wetland buffer/setback 35/15 feet, and the enhanced wetland buffer on the westerly lots 50/15 feet. Staff, the developer and representatives of the Minnetonka School District are still working to resolve the location of the water tower. This issue should be resolved by next month. Nielsen stated the construction will be completed in two phases from west to east. Plans for wetland mitigation must be approved by the Minnehaha Creek Watershed District. On-site ponding should be designed to National Urban Runoff Program standards and detailed runoff calculations must be provided by the developer and approved by the City Engineer. The developer has submitted a tree inventory and still must submit a tree preservation and replacement plan. Nielsen indicated landscape islands proposed for the cul-de-sac are consistent with those which were recently proposed for Brynmawr Place. The fees include park dedication fees of $24,000, local sanitary sewer access charge of $32,000, water assessment fee of $165,000 and trunk water charge of $160,000. The developer may request the trunk and water assessment charges be assessed to the property. Staff is recommending approval subject to all recommendations in staff report. Mr. Terry Forbord indicated he agreed with each item addressed except item #10 in regards to fees. He indicated there were 31 lots rather than 32 lots as stated. He also did not agree with the water assessment and trunk water charge as he did not believe the benefit was commensurate with the assessment. Nielsen reported the City Engineer has reviewed the plan from an engineering point and has already spoken with the developer's engineer and resolved all issues. Lizee indicated she felt it was very important to retain the land north of Smithtown Road as a trail area. She asked if the loop road would be completed in Phase 1 of the development. She also questioned if Block 1, Lots 8 and 9 could share a driveway to reduce hard cover area. Lizee also indicated she would like a covenant included which required only phosphorous-free fertilizers be used in this development. Mr. Forbord indicated the decision as to when the loop road would be completed has not been made at this time. Nielsen indicated it could be stated in the development agreement that the developer is encouraged to consider combining access for Lots 8 and 9. Rosenberger indicated his concern that the developer did not approve of the water assessment and trunk water charge. Nielsen indicated the City requires the developer provide City water when it is made available. If the developer does not provide City water, the project is deemed a premature subdivision and cannot be developed. Pisula expressed concern with the alignment of Cathcart Road and the proposed new street. Nielsen indicated staff recommends it be in the Capitol Improvement Program immediately and may be realigned within one year. Rosenberger asked the status of Bill Keeler's property. Nielsen indicated the City Engineer is presently preparing a report which should be available by August 1, 1995. Pisula moved, Turgeon seconded to recommend to the Council that it approve development stage plans and preliminary plat for Smithtown Road Properties P.U.D., Lundgren Bros., 76.5 acres north of Smithtown Road, west of Minnewashta School subject to staff recommendations as contained in the July 13, 1995 staff report. Motion passed 5 ayes/1 naye. (Rosenberger indicated he voted naye as he was troubled by the fact that the developer does not accept the fee schedule for the water assessments and trunk water charge.) PLANNING COMMISSION MINUTES July 18, 1995 - PAGE 5 Mr. Forbord thanked Mr. Nielsen, indicating he, Mr. Hurm, and Mr. Dresel had all been very helpful. The Council will consider the recommendation at it's August 14, 1995 meeting. 6. MATTERS FROM THE FLOOR - None. 7. REPORTS Benson reported the City Council is still attempting to create a Snowmobile Task Force. He also reported the County HRA Board has agreed to help with fmancing of the Senior Center. Staff was directed to change Commissioner Turgeon's telephone suffix from 4140 to 4105 and to provide the Commission with an updated City roster. In response to Turgeon, Nielsen indicated the clean up of the Katter Development at the Gideon's Wood property can be anticipated any time. Chair Borkon expressed her concern with the appearance of the land on Highway 7 directly across from the Larson property. 8. ADJOURNMENT Rosenberger moved, Lizee seconded to adjourn the meeting at 9:20 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial I I I I I I I I I I I I I' I I I I' I I FEASIBILITY REPORT AND COST ESTIMATE SANITARY SEWER, WATERMAIN AND STORM SEWER SMITHTOWN WOODS PROJECT FOR THE CITY OF SHOREWOOD, MINNESOTA ORR-SCHELEN-MAYERON & ASSOCIATES, INC. CONSULTING ENGINEERS, ARCHITECTS, PLANNERS, SURVEYORS 300 PARK PLACE EAST 5775 WAYZATA BOULEVARD MINNEAPOLIS, MINNESOTA 55416-1228 (612) 595-5775 OSM Project No. 5572.06 I I I I I I I I I I I I I I I I I I I QSM. Orr SChelen Mayerpn& AsSociates, Inc. 300 Park Place East 5775 Wayzata Boulevard Minneapolis, MN 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 August 9, 1995 Honorable Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Feasibility Report and Estimate of Costs Sanitary Sewer, Watermain, Street and Storm Sewer Improvements Smith town Woods Development City of Shorewood, Minnesota OSM Project No. 5572.00 Dear Mayor and Council Members: Engineers Architects Planners Surveyors Transmitted herewith is a Feasibility Report on the referenced project. We look forward to discussing this report with you at your convenience. If you have any questions regarding this report, do not hesitate to call me at 595-5696. Sincerely, ORR-SCHELEN-MAYERON AND ASSOCIATES, INC. ~-~, - . \ \ r } Paul T. Hornby, P.E. Project Engineer Enc. nm H:\5572.06\ CIVIL\MISC\FEAS.LTR Equal opportunity Employer I I I I I I I I I I I I I I I I I I I CERTIFICATION SHEET I hereby certify that this specification, report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. ~~-t.\\ Paul T. Hornby, P.E. -7 Date: August 9, 1995 Reg. No. 23359 OSM Project No. 5572.06 Page i I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS TITLE SHEET LETTER OF TRANSMITTAL CERTIFICATION TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATION I. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 II. SCOPE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 III. EASEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 IV. PERMITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 V. ESTIMATED COSTS SUMMARY ............................. 3 VI. ASSESSMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 VII. PROJECT SCHEDULE ..................................... 4 APPENDIX Project Location Map Cost Opinion OSM Project No. 5572.06 Page ii I I I I I I I I I I I I I I I I I I I EXECUTIVE SUMMARY AND RECOMMENDATION The purpose of this report is to outline the feasibility of constructing public utilities to the proposed Smithtown Woods Development. This report covers extending lateral water and sanitary sewer to the proposed lots and installation of streets and storm sewer to the proposed Kelsey Drive. A Watermain - The water distribution system would be extended through the proposed development from the proposed Boulder Bridge Water System Improvements in Smithtown Road. The proposed improvements include extension of a stub for future connection to the proposed Smith town Meadows Development. Total costs for the water distribution system are estimated at $21,460, which will be assessed back to the project. B. Sanitary Sewer - The proposed development does not require extension of the City's trunk system. Total costs for laterals and services is estimated at $21,800, which will be assessed back to the project. C. Storm Sewer - The proposed project does not require extension of the City's trunk system. Total costs for laterals is estimated at $8,535, which will be assessed back to the project. D. Streets - The proposed project does not require City funds for street construction. Total costs for streets are estimated at $48,025, which will be assessed back to the project. E. Recommendation - This proposed project is feasible from an engineering standpoint. Economic feasibility will be determined by the City Council and property owners. The project could be scheduled for design during late summer, with construction this fall if weather permits. OSM Project No. 5572.06 Page 1 I I I I I I I I I I I I I I I I I I I I. GENERAL The City of Shorewood received a Petition for Local Improvement from property owners Clint Carlson, Janet Carlson and Brian Ohland for sanitary sewer, watermain, street and storm sewer improvements for Smithtown Woods and ordered this feasibility report on July 24, 1995. II. SCOPE The project is located along the south boundary of Smith town Road approximate- ly 500 feet east of Smithtown Circle and borders the north boundary of the Hennepin County Regional Trail (HCRT). The proposed project includes a total of six (6) lots with four (4) new lots and two (2) lots with existing homes. A project location map is included in the appendix of this report. The proposed improvements will provide sanitary sewer, watermain, street, and storm sewer for the proposed development. The property owners shall provide for the installation of telephone, gas and electric utilities and perform site grading within the project as a separate contract. The proposed sanitary sewer improvement includes an eight-inch diameter main with four-inch diameter services for the four (4) new lots. The two (2) existing lots are served by the existing sanitary sewer in Smith town Road. The watermain proposed for this project includes an eight-inch diameter line, with one-inch services, extending from the proposed improvements to the Boulder Bridge water system along Smithtown Road, proposed for construction this fall. The line is routed in Kelsey Drive and extends between Lots 3 and 4 to the HCRT. The extension to the HCRT provides the ability to loop the watermain of Smithtown Woods through the proposed Smithtown Meadows development in the future. The proposed street improvement includes the extension of a 400-foot cul-de-sac south of Smith town Road. The proposed Kelsey Drive shall have a minimum width of 24 feet with concrete curb and gutter and bituminous pavement designed in accordance with Mn/DOT standards. OSM Project No. 5572.06 Page 2 I I I I I I I I I I I I I I I I I I I The storm sewer proposed for the proposed development includes 12-inch to 24- inch diameter storm sewers with catch basins located at the street low points. A pond outlet with a baffled weir will be constructed under the storm sewer portion of this project, however, the pond grading will be constructed under a separate grading contract. III. EASEMENTS Drainage and utility easements shall be provided by the property owners of the proposed development for the proposed improvements within the plat. IV. PERMITS Permits may be required from the Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, and Minnesota department of Health. The property owners shall be responsible for obtaining these permits and any additional permits that may be required. v. ESTIMATED COSTS SUMMARY Detailed cost estimates are included in the Appendix of this report. A summary of these costs is as follows: Item Sanitary Sewer Watermain Total $21,800 $21,460 $8,535 $48,025 Storm Sewer Streets Grand Total $99,820 OSM Project No. 5572.06 Page 3 I I I I I I I I I I I I I I I I I I I VI. ASSESSMENTS This project can be assessed on a plat basis with the estimated assessment totaling $99,820. The project assessment divided between the six proposed lots would be $16,637 per lot. VII. PROJECT SCHEDULE The following project schedule is based on the assumption that this project is added as a supplementary agreement to the Boulder Bridge and Badger Field Water System Improvements. Otherwise, construction could take place in 1996 under a separate contract. Receive Feasibility Report. . . . . . . . . . . . . . . . . . . . . . . . .. August 14, 1995 Order Plans and Specifications . . . . . . . . . . . . . . . . . . . . . .. August 28, 1995 Accept Plan and Specifications . . . . . . . . . . . . . . . . . . .. September 11, 1995 Begin Construction ............................... October 1, 1995 Substantial Completion of Construction ................ November, 1995 Assessment Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. December, 1995 First Payment with Real Estate Taxes ..................... May, 1996 OSM Project No. 5572.06 Page 4 ',.. .'. () .... :". < .' . '.: , ./ . . . ""-" T ,,' 4"'~'::~ .1.:....'.// ;.. '..- , ~ :g ~ ~ 11 :! (25) ~ M1.3 190 s:l II ( 10) .., o '" ~ n (9) ( 27) I~. 2 C) !:'i I on ( 6) ~ ~ I ~ ( 6) on 8 ~ (13) In 2 In I ( 15) E ( 14) l~ I~ on 8 0 ~ 2 ( 19) o ... N :5 ( 20) o ... '" ~ (31 ) ~ T 5 on: ( 10) Z9.€ U Dcr-. I 3 (28) ESUUSJ,. -'t(:' 1l~ / ,-;~:~: . ...:, --:--J. $'1~~~"~"'1' .1 ~~):' 2 :5 ~" u...-"': (23) ~~~:I y . I lit ID . (. zoo I In -J- I I I I I (6) I I I I E-'ST ~ PNlT ~ OUTLOT A N (37) :x ~ 175 219. I I ~....., I I (4 I) , I :~ PNlT ~ ~~ LOT 90 . ~ (3) : (4) ~i ~ I .' ...." ':1..... " LOT 86 (27) LOT III ( 6) ~ "., 1& ( 27) ;. ';.. ( 46) (2[ 2 /. (39) ( 28) 87 ( 26) I : I\" I I I I I I I I I I (44) : I I I ,........ . I I I_________.J I I Lor 101: I I ( 12) : PROPOSED /... I I LOT LOT 119 100 ~ :R 00 (9) 315.99 .. (~ /. ........ ( 48) ----------------- ~.. .. ;; () ( 13) N WOODS'. :.Alt' j.}J ~'" ~D '..\ ....l.. "~ ::~. 410 (24 I I I I I I I I I I I I I I I I I I I ~, 00 \ ~\\ ?> '. -to,- '. '\ S'/: "/0 >. -<S' \ '. " & \ ~>- 00' ~ ~ ~ J --' @ o d ~ 0.; J. r<>~ . i -\ /"" I ! ) I '1 ....._.-------1--1.- ./' ,- \0 ~.--... , I ,/ -... _____--l.. '-\ .-. 109' . '-'-..... -0- . 0.. C') '" I{'\ ~-- / -z I , it~ -, )!'4':' '.+-<:- +:"o~~ v'" en '<: 1\ Ii C) - ClI g:: f -'t '" - . J~~ J 5"9.30 ~ '..... -t ~ CIll.lJ. ~<f; ..... V I Q-;:C\J Q) <.. <: C Q V ~ .\1" tI .....,<1) 1I1l,J..... \) 11\ tl ~. '\ ........ '-... '- '" I I I I I I I I .1 I I I I I I I I I I UNIT ITEM Q1Y. UNIT PRICE TOTAL COMMON EXCAVATION 850 CUYD $3.00 $2,550.00 TYPE 41, BITUMINOUS WEAR COURSE 155 TON $30.00 $4,650.00 TYPE 31, BITUMINOUS BASE COURSE 210 TON $27.00 $5,670.00 2357 BITUMINOUS TACK COAT 100 GAL $1.00 $100.00 STREETS CLASS 5 AGGREGATE (100% CRUSHED ROCK) 665 TON $8.00 $5,320.00 GRANULAR MATERIAL 1400 TON $5.00 $7,000.00 0412 CONCREfE CURB & GUTTER 965 UN Ff $6.00 $5,790.00 SOD 700 SQYD $1.80 $1,260.00 TOTAL CONSTRUCTION (STREETS) $32,340.00 10% APPURTENANT ITEMS $3,234.00 SUBTOTAL $35,574.00 35% FISCAL, LEGAL, ADMIN. & DESIGN $12,451.00 12" PVC 24 UN Ff $15.00 $360.00 18" RCP 25 UN Ff $23.00 $575.00 24" RCP 16 UN Ff $32.00 $512.00 24" PES 1 EACH $500.00 $500.00 STORM SEWER MANHOLE (48") 1 EACH $900.00 $900.00 CATCH BASINS 2 EACH $700.00 $1,400.00 BAFFLED WEIR 1 EACH $1,500.00 $1,500.00 TOTAL CONSTRUCTION (STORM SEWER) $5,747.00 10% APPURTENANT ITEMS $574.70 SUBTOTAL $6,321.70 35% FISCAL, LEGAL, ADMIN. & DESIGN $2,213.00 Appendix H:\5572.06\CIVIL\MISC\APPENDIX I I ITEM UNIT QIT. UNIT PRICE TOTAL 520 UN Ff $17.00 $8,840.00 10 UN Ff $16.00 $160.00 1 EACH $1,300.00 $1,300.00 1 EACH $450.00 $450.00 1 EACH $400.00 $400.00 560 LBS $1.00 $560.00 6 EACH $50.00 $300.00 6 EACH $100.00 $600.00 230 UN Ff $8.00 $1,840.00 TOTAL CONSTRUCTION (WATERMAlN) $14,450.00 10% APPURTENANT ITEMS $1,445.00 SUBTOTAL $15,895.00 35% FISCAL, LEGAL, ADMIN. & DESIGN $5,563.00 420 UN Ff $20.00 $8,400.00 160 UN Ff $8.00 $1,280.00 4 EACH $50.00 $200.00 4 EACH $1,200.00 $4,800.00 TOTAL CONSTRUCTION (SANITARY SEWER) $14,680.00 10% APPURTENANT ITEMS $1,468.00 SUBTOTAL $16,148.00 35% FISCAL, LEGAL, ADMIN. & DESIGN $5,652.00 I 8" DIP CLASS 52 6" DIP CLASS 52 HYDRANT I 8" GATE VALVE WATERMAIN I 6" GATE VALVE FITTINGS 1" CORP. STOP I 1" CURB BOX & STOP 1" COPPER I I 1 8" PVC 4" PVC SERVICE PIPE I SANITARY SEWER 8" X 4" PVC WYE MANHOLES (SANITARY) I 1 I I I I I I Appendix H:\5572.06\CIVIL\MISC\APPENDIX I MAYOR Robert 8ean CITY OF SHOREWOOD COUNCIL Krisli Slover 8ruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331~8927 . (612) 474-3236 ME1\10RANDUM . TO: FROM: DATE: RE: Mayor and City Council Brad Nielsen 10 August 1995 Fannon, Michael - Request for Extension of Deadline to Comply FILE NO.: Property - 5715 Christmas Lake Road Mr. Michael Fannon owns the property at 5715 ChriSJmas Lake Road (former Interstudy site). After demolishing the old Interstudy building and number of nonconforming accessory buildings in preparation to build a new home, Mr. Fannon constructed a small utility shed to keep maintenance equipment on the site. . Construction of the shed constitutes a zoning violation since an accessory structure can not be built without a principal structure. I advised Mr. Fannon that granting a variance in this case would establish an undesirable precedent and that staff would recommend against approval. Given the number and size of nonconforming buildings which were removed (at least two large boat houses) and Mr. Fannon's desire to maintain the property until he gets his house under construction next spring, I suggested that he request additional time to comply (see his letter, dated 5 July 1995). It is recommended that Mr. Fannon's request for additional time be granted subject to a condition that the shed will be removed no later than 1 May 1996, unless he has obtained a building permit for construction of a new house by then. cc: Jim Hurm Tim Keane Michael Fannon A Residential Community on Lake Minnetonka's South Shore fo _ [, l MICHAEL A. FANNON AND SUSAN A.M. FANNON 5625 CHRISTMAS LAKE POINT SHOREWOOD, MN 55331 (612) 470-0909 ,..,;.. "C~...J r: ,_. ".'0 .,'" ,\~:..... July 5, 1995 . Mr. Bradley J. Nielsen Planning Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE: LETTER DATED JUNE 19, 1995 CONCERNING CITY CODE VIOLATIONS AT 5715 CHRISTMAS LAKE ROAD Dear Mr. Bradley: Your letter stated that I need to remove or repair my fence and to remove my storage shed. The fence will be removed, but I have an issue with the storage shed. . Last spring the city sent a bulletin stating that a 10' x 12' shed was acceptable without a permit. Just to be sure, I called the city building department and gave my name and address of the property in question and asked again about the storage shed. The clerk told me it did not require a permit. Now I get this letter from you telling me that "since there is no principal use of the property (i.e. a residential dwelling), accessory structures are not allowed." I could not find this stated anywhere in the City Code information you sent me. You simply identified at Section 1201.10 Subd 3.h. that tool sheds are permitted accessory uses. ~.[.z. ...... , -.. . . Mr. Bradley Nielsen July 5, 1995 Page 2 My purpose for the shed is to be able to store the tools I need to maintain the seven acres of property. In the shed are items such as wheel borrows , shovels and lawn maintainance equipment. The seven acres requires much maintenance, and I need to have on-site storage. I should also note that I removed six buildings from the site last fall. Included in these buildings were two large 30' x 60' sheds that were right on the lake front, the side being only two feet off shore. At least my shed is within set-back requirements, and it looks nice. The whole purpose of Section 1201.10 Subd. 1 states, "The R-1A District is intended to provide a district which will allow suitable areas of the City to be retained and utilized for low density residential, open space and/or agricultural uses." Isnt' this exactly what I'm doing? My wife and I are planning to build on the land next spring, and I would like to ask that you okay my shed for obvious reasons. I will await your response. A Residence of Shorewood, M{'.~A~ ~AaWtrfannon ~ CITY OF SHOREWOOD MAYOR Robert Bean 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: Planning Commission, Mayor and City Council Brad Nielsen 1 June 1995 St. John's Church/Don Huntington - Proposed Simple Subdivision and Combination FILE NO.: 405 (95.14) BACKGROUND . St. John's Church is the owner of a vacant parcel ofland located to the west of Don Huntington's property at 21990 Brackett's Road (see Site Location map - Exhibit A, attached). The Church proposes to convey a small triangle of its land which extends in front of the Huntington's lot to the Huntingtons (see Exhibit B). The Church parcel contains approximately 37,940 square feet of area and the Huntington's property contains 18,000 square feet. Both are zoned R-IC, Single-Family Residential. The Church proposes to convey 4510 square feet of land to the Huntingtons, bringing the Huntington property to 22,510 square feet and the Church property to 33,430 square feet. ANAL YSISIRECOMMENDATION The Huntington's property is currently substandard in two ways: 1) it has no frontage on a public street (access is by easement); and 2) it does not contain the minimum lot area (20,000 square feet) for the R-IC zoning district. Not only does the proposed division and combination resolve both of those issues, the triangle being conveyed relates betterto the Huntington property than it does to the remainder of the Church property. The Church property which is located in Shorewood exists as a separate parcel from the Church's Excelsior site. The 33,430 square feet which will remain after the subdivision is more than adequate for a single-family residential building site. It is recommended that the division and combination be approved subject to the following: A Residential Community on Lake Minnetonka's South Shore t.J:1 Re: St. John's ChurchIDon Huntington Simple Subdivision/Combination 1 June 1995 . page two 1 . The applicants must provide the following legal descriptions: a. The existing Church parcel (Shorewood only) b. The existing Huntington property. c. The Church parcel without the triangle. d. The Huntington property with the triangle. 2. Item #1. to be submitted by 23 June in order for the application to be on the 10 July Council agenda. . 3. No park dedication or sewer access charges are required since no new lots are being created. 4. Once the applicants receive the resolution approving the division/combination, they must record it within 30 days. cc: Jim Hurm Joel Dresel Tim Keane Don Huntington James Wolnits (St.John's) . I~ rs .,;. (9) ~ lOT j ... --- -- -- "f---- ----- ____...i , .....130....; , , 1..__________. _____ "33 . , ..(8). 8: ... --T------------.J ,.: se ; V) , ...; 106 ",.::; (7) ~ ~~-j. ~I:, ~ ;__i_______..___________________.. Q (41) Ja7 ~ ~ ~ ~ _ _ -..il!.lJlE EXw.,SIOR .CITYQi! SHOREWOOO .. ~ NKtk ~ No11o~~ Ie.-- (11;) 113 ( 19) ..".,.? 0,..,. //,//""/ i; 136 ( 15) PAllT CF lOT 12' (7) ~ ~ i /5l ;; '13 (6) 8 ( 19) 3 . 136 ( 16) ~~~ ... "'; iii ... (3'>) \ 'lb~ " ~ , l'l ~, .. '. ~. ,k, I . , "" "'35".,,, " M)'-- I :1'; :'\ ,., (-=1<1./ ,,- ," I (:?':i) ~~ ~:.r.. .. ....-?.... ...~! ~~~~ .. ~ ... ~ , , Exhibit A SITE LOCATION St. John's/Huntington - division/combination ,~.h\ \"J, ,~, \, , .' ,,~ :\:;: s' \, ,. .. .. ~" '~ ' "" "" "" ,. , , / . ,\' J' , I -t ,? >/Y "~?'. ----.. o'<e~ ""'f, . . . " .;>.. 6' 5' . ,? _:f..'~~~ ,j~;~/';< ;..,r.:~~' - .- /'. 1>0.:. .."/ II)' """",cn' ( ,,_....., \) ;:::/ .'~' ~ k. I,;.;.t- . ." . ," \ .~"i -:+r: V: llf.\ ...-' .-,.-' .':--" . , 6 " '<--:: /;'/ ~ '>,' " ''', " , ~, I %2 ~ /2 F ~ ::\,.' ,If 'I,' , ~~tf I ..../...._. 'L-:- I/o ;"/.j.' . . , (: ,'v "I r '. ~', ":,,,,,:/ ". ,- .,'". ~ A' v ~I .,.:',/ ~ ....... :: ., , '1; 'i,~:t .' n.' ',. \~'" 'J>, ,'" 'A , . r, ,; t,_. , 't_):,/-:>, '................ . .': ~:..:::. ...~; (/: " '7 I . :. ..1 :- ,10 '''c.:J ' .....' C 01 l t ,~'t ~; ,1.- - -'~ I~\-:-,: \> I;" / '~,:'" :~.~ _ .. _ . ~ v.- _.,~.... - ;.,..,t'J~\1 J",t 10 4";tl~~. ".".. ,_'b I J ~ ./ ,,\'" '~ . --'- ' I \ '(. . ~ ,~: \ 8 N so ( S'J LINE Of GClV'T LOT I ~,. - CITY OF SHOREWOOD RESOLUTION NO. RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY FOR THE CHURCH OF ST. JOHN THE BAPTIST WHEREAS, The Church of St. John the Baptist and Donald J. Huntington (Applicants) have an interest in certain real properties in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibits A and B, respectively, attached hereto and made a part hereof; and WHEREAS, Applicants have applied for a subdivision and combination of said properties to form two new parcels, legally described in Exhibits C and D, attached hereto and made a part hereof; and . WHEREAS, the subdivision and combination requested by Applicants complies in all respects with the Shorewood City Code; and WHEREAS, the application was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission, dated 1 June 1995, which memorandum is on fIle at City Hall; and WHEREAS, the application and the Planner's memorandum were reviewed by the Planning Commission at a regular meeting held on 6 June 1995, the minutes of which meeting are on file at City Hall; and . WHEREAS, the application was considered by the City Council at a regular meeting of the Council held on 14 August 1995, at which time the Planner's Memorandum and the recommendations of the Planning Commission were reviewed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the two parcels of property legally described in Exhibits A and B be subdivided and combined to form two new parcels, legally described and shown in Exhibits C and D. . 2. That the City Clerk furnish Applicants with a certified copy of this resolution for recording purposes. 3. That Applicants cause this Resolution to be recorded with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of August 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk ~,F,2, . . Existing Legal Description - Church Property Lots 1, 2 and 3, Wheeler's Out Lots (lying partly in the Village of Excelsior and parttv in _ the Town of Excelsior), according to the plat thereof on file and at record in the office' of the Register of Deeds in and for said County, Hennepin County, Minnesota. Subject to an easement for driveway purposes over and across the southeasterly fifteen (15) feet of the premises, as shown in Deed Document No. 339480, Files of the Registrar of Titles. Subject to an easement for water line purposes over, under and across part of Lots 1:1 7 and 1 18, Auditor's Subdivision Number 120, and part of Lot 3, Wheeler's Out Lots. - Said easement shall expire June 30, 1999 or upon the filing of an affidavit stating that municipal water is available to the benefitted premises in and abutting public street. whichever occurs first. This easement is unrecorded. , Also Lots 117 ,and 118, and that part of Lot 119 lying SOUtherly ot the Northwesterly" extension - of the Southwesterly line of Lot 120, .w;d Nortb 01 the. South line. of Government Lot 1, Section 35, Township 1'7 Norm. Range 23 WeSt of the 5th Prb~ Meridian, aU in Auditor's Subdivision Number 120. Hennepin County~ Minnesota. ... .." ~ Subject to an easement for driveway ~ over and across a triangularly shaped portion of.tN premiaR ~"ed... Lor 1 r9 ,A~' s Subdivision Number 120, as show:n r in Deed Document No. 3214 t~, .. . ":' l Subject to an easement to construct, reconstruct and maintain a water seDice line OYer. under and across the northeasterty 36 feet of the Southeasterly .80 teet .01 t.ot112t -. Auditor's Subdivision Number 120, as shown in Deed Document No. 5723341. Exhibit A '. . Existing Legal Description - Huntington Property . "Commencing at the most Easterly corner of Lot 120, Auditor's Subdivision No. 120, Hennepin County, Minnesota, at the intersection of the Southwesterly line of the Excelsior and Eden Prairie Road and the Northwesterly line of a 3 rod road; thence North 40 degrees and 30 minutes West 236.5 feet along the Southwesterly line of said Excelsior and Eden Prairie Road; thence North 52 degrees and 14 1/2 minutes west 42.42 feet along the Southwesterly line of said Excelsior and Eden Prairie Road; thence South 36 degrees West to a point which is the point of beginning of the property being described and which is North 54 degrees West from a point in the Northwesterly line of said 3 rod road, which later point is 500 feet Southwesterly from the intersection of said 3 rod road and the Southwesterly line of said Excelsior and Eden Prairie Road; thence North 54 degrees West to an intersection with a line drawn North 36 degrees East from a point in the South line of Government Lot 1, Section 35-117-23, which point is 1193 feet due East from the Southwest corner o~ said Government Lot 1; thence North 36 degrees East 230 feet; thence South 54 degrees East to a point bearing North 36 degrees East from the point of beginning; thence South 36 degrees West to the point of beginning. Together with an easement for water line purposes only over, under and across that part of Lots 117 and 118, Auditor's Subdivision No. 120, and that part of Lot 3, Wheeler's Outlots, Hennepin County, Minnesota, lying 7.50 feet on each side of a line described as follows: Beginning at a point on the Southeasterly line of said Lot 118 distant 201.90 feet Northeasterly of the Southeast comer of said Lot 118, thence Northwesterly at right angles from said Southeasterly line a distance of 7.50 feet; thence Northeasterly at right angles a distance of 161.28 feet; thence deflect to the left at an angle of 87 degrees 54 minutes 12 seconds a distance of 222.68 feet; thence Northeasterly at right angles a distance of 67.50 feet and there terminating. This temporary easement shall expire June 30, 1999, or upon the filing of an affidavit stating "Municipal water is available to the benefited premises in and abutting public street", whichever first occurs. . Together with an easement for driveway purposes over and across a triangularly shaped portion of the premises located in Lot 119, Auditor's Subdivision Number 120, as shown in Deed Document No. 3214161." Exhibit B Emposed Legal Description - Church Property Lots 1, 2 and 3, Wheeler's Out-Lots (lying partly in the Village of Excelsior and partly in the Town of Excelsior), according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County, Hennepin County, Minnesota. Subject to a.n easement for driveway purposes over and across the southeasterly fifteen (15) feet of the premises, as shown in Deed Document No. 339480, Files of the Registrar of Titles. Subject to an easement for water line purposes over, under and across part of Lots 117 and 118, Auditor's Subdivision Number 120, and part of Lot 3, Wheeler's Out-Lots. Said easement sha/l..expire June 30, 1999 or upon. the filing of an affidavit stating that municipal water is available to the benefitted premises in and abutting public street, whichever occurs first. This easement is unrecorded. . Also Lots 117 and 118, and that part of Lot 119 lying Southerly of the Northwesterly extension of the Southwesterly line of Lot 120, and North of the South line of Government Lot 1, Section 35, Township 117 North, Range 23 West of the 5th Principal Meridian, all in Auditors Subdivision Number 120, Hennepin County, Minnesota. Except: . That part of Lot 119, Auditors Subdivision Number 120, lying southerly of the northwesterly extension of the southwesterly line of Lot 120, said Auditors Subdivision, and north of the south line of Government Lot 1, Section 35, Township 117, Range 23, which lies easterly of a line perpendicular to the south line of said Government Lot 1, said line extends northerly to the point of intersection of the northwesterly extension of the southwesterly line of said Lot 120 and the northwesterly line of said Lot 119. \... Subject to an easement for driveway purposes over and across a triangularly shaped portion of the premises located in Lot 119, Auditor's Subdivision Number 120, as shown in Deed Document No. 3214161. Subject to an easement to construct, reconstruct and maintain a water service line over, under and across the northeasterly 36 feet of the Southeasterly 80 feet of Lot 118, Auditors Subdivision Number 120, as shown in Deed Document No. 5723341. ., Exhibit C .. . . . Ernposed Legal Description- Huntington Property "Commencing at the most Easterly comer of Lot 120, Auditor's Subdivision No. 120, Hennepin County, Minnesota, at the intersection of the Southwesterly line of the Excelsior and Eden Prairie Road and the Northwesterly line of a 3 rod road; thence North 40 degrees and 30 minutes West 236.5 feet along the Southwesterly line of said Excelsior and Eden Prairie Road; thence North 52 degrees and 141/2 minutes west 42.42 feet along the Southwesterly line of said Excelsior and Eden Prairie Road; thence South 36 degrees West to a point which is the point of beginning of the property being described and which is North 54 degrees West from a point in the Northwesterly line of said 3 rod road, which later point is 500 feet Southwesterly from the intersection of said 3 rod road and the Southwesterly line of said Excelsior and Eden Prairie Road; thence North 54 degrees West to an intersection with a line drawn North 36 degrees East from a point in the South line of Government Lot 1, Section 35-117-23, which point is 1193 feet due East from the Southwest comer of said Government Lot 1; thence North 36 degrees East 230 feet; thence 'South 54 degrees East to a point bearing North 36 degrees East from the point of beginning; thence South 36 degrees West to the point of beginning. Also, That part of Lot 119, Auditor's Subdivision Number 120, lying Southerly of the Northwesterly extension of the Southwesterly line of Lot 120, said Auditor's Subdivision, and North of the South line of Government Lot 1, Section 35, Township 117, Range 23, which lies Easterly of a line perpendicular to the South line of said Government Lot 1, said line extends Northerly to the point of intersection of the Northwesterly extension of the Southwesterly line of said Lot 120 and the Northwesterly line of said Lot 119. Together with an easement for water line purposes only over, under and across that part of Lots 117 and 118, Auditor's Subdivision No. 120, and that part of Lot 3, Wheeler's Outlots, Hennepin County, Minnesota, lying 7.50 feet on each side of a line described as follows: Beginning at a point on the Southeasterly line of said Lot 118 distant 201.90 feet Northeasterly of the Southeast comer of said Lot 118, thence Northwesterly at right angles from said Southeasterly line a distance of 7.50 feet; thence Northeasterly at right angles a distance of 161.28 feet; thence deflect to the left at an angle of 87 degrees 54 minutes 12 seconds a distance of 222.68 feet; thence Northeasterly at right angles a distance of 67.50 feet and there terminating. . This temporary easement shall expire June 30, 1999, or upon the filing of an affidavit stating "Municipal water is available to the benefited premises in and abutting public street", whichever first occurs. Together with an easement for driveway purposes over and across a triangularly shaped portion of the premises located in Lot 119, Auditor's Subdivision Number 120, as shown in Deed Document No. 3214161." Exhibit D ... - n IS (~re n \\\;7 Ie ,-:\. illl tf; i~ [f; U 0!J U;; i~i iWi . II Ii July 31. 1995 in ;2 U Gl 0 1Qac: iUI Dear Shorewood City Council, U I~- ''''oJ...) CJ By The purpose of this letter is to inform the . lhaL LU~ 1 ~-f ositioning of the Shorewood Oaks stop sign, as proposed to the City Council, was NOT supported by the vast majority of the residents of the Shorewood Oaks neighborhood. The original location of the stop sign was on Shorewood Oaks Drive at the intersection of Maple Leaf Circle, where it has been for approximately three years. It has been moved to a new location on Shorewood Oaks Drive at the intersection of Oak Leaf Trail. Actually, most residents in the neighborhood were not even aware that this proposal was before the City Council. . Originally the Shorewood Oaks neighborhood began the long process of procuring stop signs at its two cul-de-sacs back in 1991. After several City Council meetings and a petition of signatures from virtually the entire neighborhood, the Council agreed to place stop signs as proposed at the two cul-de-sac locations. This decision was well received by the neighborhood and has not been a point of contention since their placement three years ago. Needless to say, the neighborhood was perplexed to discover this unexpected and unwarranted change in the location of the stop signs. We regret that the city Council would have to be involved in this dispute. But it is important to note that we, the majority of the Shorewood Oaks neighborhood, as well as the City Council were victims of misrepresentation regarding the removal of the stop signs that have served our neighborhood effectively for three years. Therefore, we respectfully ask that the Council return the stop signs to the original location on Shorewood Oaks Drive and Maple Leaf Circle, which were previously established by the Shorewood City Council and supported by the vast majority of Shorewood Oaks residents. . Respectfully yours, Concerned Shorewood Oaks residents (see petition) --Please note the forty households represented by this petition represent the majority of the residents in the Shorewood Oaks neighborhood (more signatures were potentially obtainable but we didn't pursue this further since this clearly represents the majority of the seventy-two homeowners in Shorewood Oaks). .#7 . ~ 1 PETITION OF SHOREWOOD OAKS SUBDMSION -TOSHOREWOODCITYCOUNC~ We the undersigned residents of Sho.rewood Oaks Subdivision would like to request that the STOP SIGN removed from the comer of Maple Leaf Circle and Shorewood Oaks , Drive be reinstated._ The removal of the ~TOP SIGN was done withOut any request on our part. . \ We would also like to request that in the future notification please be given to us prior to any changes which would affect our traffic flow and our CHILDREN'S SAFETY in this neighborhood. . . /ll {//I'\'(jrkcl'fttl(! ff'{ 1 ~07'j ~/.Jooqcf /Llufa (~N{Jr{!ohY1SOJtl ~<<o t'urlwood c1 {lJf1tr <>I R'1j1rricf.t bOItO bwlWvDJ r;t ~ 0d/o (dUALuocd k~. . foo~<; &.rlwcoJJ'J- C~ {W~ ~tJ?o gu~!w-rrrJ C7 -2- "t 16itbbsf;rtJiov.. hOj" ~ t( ~ ~~1,~ (Q070 glA-l2lJJo~d- 3 .. 7" . )i,/;~ >~';)/.Q'J~ oJJ fJ J.... ~:C~ ~l,I\lg(J"J,.) . dtIJ5-S;/tD/~tttlc:J" Jr J- ?~ve. KI,fv{i)~3 . ho6~ ~~C-- J-lD 1'1)/ d..k.. ~(:.1f!\: I pr !b ~~ ),6~!J~~tlLiuOmuJ .J % /Jv. ~'l) o!11Ul,t( . l.-- !:k i ftcf;v$~~ -'2&C910::m~ "2 NAME (PRINT) ADDRESS I PHONE #CHILDREN SIGNATURE ..:< 2- ~Jtl#~~ _ f)t/t~ /J ,fih' L.~ (JaU/)" ~~ l!4eK ~,l./UE'4C. <:5 t PETITION OF SHOREWOOD OAKS SUBDIVISION TO SHOREWOOD CITY COUNCIL We the undersigned residents of Shorewood Oaks Subdivision would like to request that the STOP SIGN removed from the comer of Maple Leaf Circle and Shorewood Oaks Drive be reinstated. The removal of the STOP SIGN was done without any request on our part. We would also like to request that in the future notification please be given to us prior to any changes which would affect our traffic flow and our CHILDREN'S SAFETY in this neighborhood. NAME (PRINT) ~rI- ,j. firs5 \J U/ltz. f). fOr!>5 ' LCiwreYlee (~eu5-l1-<cJ.. ~v~ ~ dv?r4L/ UCq~~ ",JZ>> /}1 e J" ~ U /l d 0A1~IJf )n(~ ~y McMullen /" / !ljMPrlt- ~~J . ~ WQ,i~~ J1.... ADDRESS I PHONE #CHILDREN SIGNATURE . u~ 15~ 5;;(Jr~c.')Js..f. : I 2-(;.15J5'A~~~ If .;l.~40oS"Lo"'e(<J(lC ci6.:t(b :A. 1.63~O sJ;tJ/fawd fJt . J. JWI;; ~~(]ffc-I@j {U.J I ~lP 195 JJw;elQOoJ eMs "/(:;0'16 .JI~~Q ;?bO 5:5""sAJ~ DOc! C (bO 1(1 Ml/,lt/.e1f . 11I66(IO~~ k kpf ~(IV ~o~rvt~pkLeai4nk. .2':;tfbOS;tP~~ Z(po~v 5 ~~rLC-U\lv( v/ty.f ;{~I ~() OJL ~<.tf-I(" <;-.2 "-9- "a,Z;v .kr~ . d- t I . .-- . ., PETITION OF SHOREWOOD OAKS SUBDMSION - TO SHOREWOOD CITY COUNCIL We the undersigned residents of Sh<?rewood Oaks Subdivision would like to request that the STOP SIGN removed from the comer of Maple Leaf Circle and Shorewood Oaks Drive be reinstated. The removal of the STOP SIGN was done witfiout any request on our part. " We would also like to request that in the future notification please be given to us prior to any changes which would affect our traffic flow and our CHll..DREN'S SAFETY in this neighborhood . . NAME (PRINT) ADDRESS I PHONE ::fiic~~;;:f#: (O~{~tI~,., I~ J' ""1 .5 ~ h en! {if U C q c;- J'>/upk L~ t({. . 47c~ - CjC;'o 2 ilwl,(/" // /J'}" 111dIY'L bb5S fY/a.pk L-eli,( ~/i''J f-I/k:/ft 470-9t/f<<1 0 'aaalu(}{pt. ( ~'''fISRc'1JH ~f~lU_.~~ ;~\~~ .~~ 1 ' ... f '. ,~... . , ~...... <!f.~4.. ~ ~ i!<-J.J.-j.i--- rR~ n~ 1 .tt~ >>t' f~\ #-L /(~Y fII[Z2()~<-- &045 mAPLE Ltf1F J.j 70 - /5S-D It;O<lD fVh.p/e.. L(o.{ c.~ /~:1'.) - 3q1-4 b07t' mApt..E.LfAFc/A.. (..0 bO i'At:t.p k L~{ Cr~ '2 b11~ 5f1C4::\.c..oOi:J tlAK:E; D~I uc al.13'i. (' 01.G~."..n; olJ...ko CYl - ~ Lf. ~ as!.., ~4........."L O',;f-~ ifu- ~ &1(6 ~~Lv\- (A76 ~/j.. ~ \. C[ S- ~+((..~lA)~ur .) ~ 15 0 C~K J..e../' /7Z . #CHILDREN ~ z Lf Jf 2- d- 2 ~ 2- .i<.- L --- ( / SIGNATURE ~e~~ ~> /){(juNC L ~"",C t..-f.4.__ I , 1/;~<J;lkAu1f}~ }:ttLhi/Jr;J J~ S ~vdtJ. ~~~.~Z0~ \~f\f\( ~ 4.i,LI .~~~ <; h(.;\c.... ~bM"-i.'~r- 7h(j ;2~0-f-'- ~G~lf ~ G~ 6e-C-4v- Fro.: Chief Rick Young at og 612-474-4177 To: City of Shorewood at og 474-9128 e 97-29-% 93: 91 pill [9 991 of 991 SOUTH LAKE :MINNETONKA PUBLIC SAFETY DEPARTMENT 810 Excelsior Boulevard Excelsior. Minnesota 55331 RICHARD A, YOUNG Chief of Police (612) 474-3261 MEMORANDIIM YIA FAX ONLY To: James C. Hurm, City Administrator From: Rick Young, Police Chief Date: July 20, 1995 Subject: Shorewood Oaks Stop Signs I think my opinion is well known, I do not believe either of the current . s top s i g n 1 0 cat ion s me e t the wa rr ant s 0 f the Un i for m T r a ff i c Cd 0 n t r 0 1 . Device tlanual, However, the proposal does make a lot of sense an comes much closer, if not actually meeting, the warrants, tly only concern would be that people do not later decide they want all three stop sign locations, or even add a forth location at the other intersection of Shorewood Oaks Drive and Oak Leaf Trail. If it is a trade-off and we have to have the stop signs somewhere, it is a good one, . Setvi1l1 South Lake MilllletollEa CommUllitief of BlCelnor. Gree11wood. Shorewood alld Tod:a Bay . . To: Mayor and City Council James C. Hurm, City Administrator From: Date: July 7, 1995 Re: Review of Shorewood Oaks Stop Signs Currently stop signs are located on Shorewood Oaks Drive at Burlwood Court and Maple Leaf Circle. Councilperson McCarty has been approached by some Shorewood Oaks residents suggesting that the Maple Leaf Circle stop signs be moved westerly to the west intersection of Oak Leaf Trail and Shorewood Oaks Drive. The feeling is that this intersection would serve a greater purpose for stop signs than Maple Leaf Circle because Maple Leaf Circle is a short cul-de-sac where Oak Leaf Trail is a thru street. This proposal is just now being sent on to Department Heads for comment, therefore we would request that no action be taken until a later Council meeting when Department Head input can be considered. cc: Rick Young, Police Chief Brad Ni,elsen, Planning Director Joel Dresel, City Engineer Dick Mahaffey, Excelsior Fire Chief .~ rv- Z8 o ~ ...... -..{ , ....... ~.: ... '_ I '" lI.. I '-' "1 r : .... ... ~~ I . I I .... UI ~: UI ... ...... I ~ ... I - I ...... 3114 ' . I 446. 6 .<..':' I :.'""- I .Q"" I " '\~. \ I L~.,~~~'I' ~ 1116 .... I I '. \?, .: . ",...J..:... .' ,-;.\< ..' . 1~7. l&&. 7 I ...... ~.. .~ .... ~ i 104. 'i1T IO~ 33 189. I~ ~~ .... !"K ~O"S...; ... ... 8 I ~..f - ;,,; I ! ~ ~ ..4..... . ,.; . ~ ---- ..-. 8 ~c; 200 tB- '"::'_~ 8 ~ $0.)2' 2~. E ~ v <?:: DATE: October 1, 1992 REOUEST FOR INPUT TO: Police Chief, City Engineer, Director of Public Works, Planning Director and Finance Director (~...' l\f" " FROM: James C. Hurm, City.Administrator Input Requested for: r.i ty r.r'l11nr; 1 M.,.,t i"8 of nr tnhpr 1?, 1 QQ? Please Reply by: October 7, 1992 ISSUE (Problem Definition): The Shorewood Oaks Homeowners Association has asked the City to reconsider two (2).... stop signs on Shorewood Oaks Drive at Maple Leaf Court. Previous staff memos on ~ subject are attached with color coded map of sign placement listings. 1. RECOMMENDATION: 2. DISCUSSION OF OPTIONS: . 3. FISCAL AND STAFF IMPACT: Signature Date Title Administrator Comment: . . MAY 3 \ \99\ 26060 Shorewood Oaks Drive Shorewood, MN 55331 May 31, 1991 City of Shorewood City Council 5755 Country Club Road Shorewood, ~N 55331 Dear City Council members: Attached please find a petition from the homeowners of the Shorewood Oaks subdivision. This petition represents great concern and desire for change on the part of these homeowners in regard to the speeding and dangerous driving taking place on the streets in our neighborhood. Shorewood Oaks Drive has become a popular cut-through for many non-residents within the past year. We are finding that meny of these drivers are coming through Shorewood Oaks at speeds or 35 to 40 pl~s miles per hour. The current 30 m.p.h. speed limit and the lack of any stop signs is promotingpeople to speed in excess of 30 m.p.h. thus creating dangerous situations for the many children who live and play here every day. Homeowners have taken to standing in the street to block these cars, and phoning in tag numbers to the police. We feel that the time for change has come as this neighborhood is more that 50% complete. Currently there are 75 homeowners and 49 school aged children in Shorewood Oaks. We were inrormed that this petition would be on your agenda ror your June 10, 1991 meeting. Arter reviewing it prior to your meeting would you please contact either myselr or Mrs. Faber to inrorm us ir we will be on your agenda, at what time you would like us there and ir you would desire ror all participating homeowners to attend as well. Thank you for your consideration or this matter. Sincerely, ~~~ Monique R. Droege (~10'~~3Z1 Shelly Faber (410' <{Q44) ~~AY 3 \ \99\ J.~: (g) ~-----"'''----- -----~ I .J. '~elll~: _ '. · ~ ~uo""'wooo ...kS d1l ~ I I I I I I I . I I I \ .. I I I I' I : : - - - - -.... - .. - - ..- -.. .. - -...... -.. --.. -. . OA\!(. LEA-F . TIU\ ,~ -. = ~-rop $\,-"" Jowo ~ OI~llON ~ :: TRAC:FI C. 13~1<. STOP SIGN ~Pa;AL RJ~ ~~2.SWCOD OAKs SUBDIVISION ~EE A-rTA,C.}-\E;D PST\1'10N ~D CovER.. LETTER . . . ~.1AY 3 \ \99\ PETITION OFSHOREWOOO OAKS SUBDIVISION TO SHOREWOOD CITY COUNCIL ';J e the u n d e r s i g n e d res ide n t s 0 f S b-o r e woo d 0 a k s Sub d i y i s ion w 0 u 1 d 1 i k e to equest the Shorewood City Cou~cil to change the speed limit on the roads ; Shorewood Oaks Drive, Maple Leaf Circle, Burlwood Court and Oak Leaf rail to Is m.p.h. Ie request that ipeed limit signs ~e posted at appropriate locations on all of these"streets. . ~e request that Slow Children at Play signs be posted at apprcpr~ate ocations on all these streets. ~Print) ;RK DROEGE NIGIJ& DItQcGE. ~~r.J tJ l~ ~ ~",i..'t\ n /hjba.ritJ Address #Children 1kt:J(d) ~re\.lJd Oak~ t)(' 2 ./ II " It II ~'" ~() ~o.\:t."".ceo t>>.~ ~ cX/r;075 5/1ortUi:Jcc/. oaf? Pr. o ~ /{1:. I H /(3 A 06 .2667 S- .sfh>ft(~ocD (JAKs o~ :( ~Q..n Li Ij e.J,.en ~~015 S'l1crewDcd.. Oaks Dr. .L ;.:../ L; I j e(jren ~G,(J15 Shcre.Ylaad- Ca.ks Dr. .1 :j/17# -P/~uJ.4-- ~,/~ .5!1tJ/l$.lIItJa]) OA!<.j-:JJfl ~es 'P/SlJ,L!t ~b11S StbeGw~.b O.9t::S :be. _ Pt,Eic.H~ 2.<Ofq,s- I, II" 2- - II II ",,-z.. "" /7~e7CHetJ. Signature '~ ~ ~1%fk.5 ~/~ f~ ct:..HI. / - ~:.0 ~~ -z.-- AR-~~ Phone ~7o.9 ~3 z. 41 Y -'-/01Pr- Lf70-9/21 ~7v-7/rf' 7 tj7tj.- JO Z 7 ,/7tf -JoL7 7:l~-/7'j/f 17'1. 1~L/q '77.0 - ~3,/ "!.^..'f 3 I 199\ Name (Print) Address # Ch i1 dren Signature pho~e J.",,;.IV M (( ~ iG cl.~ 31'0 ~ hQre:lo.J O~ks D ( >! ~ ~ ) c~ .L;;;O.J/JJ3 ~Ih h cL~'Kb ~340 ~~tJD~~ O~ks lfr ~~I~(. 1Y6- r3~J' >> tf'~ 8-63 &::> ~--Jl OZJ-A<,OollO ~ ',{."7<-/- -~r {"\~Vl~ ~tfF~~'" .. .. !O~b _ .. '. PCl..-t -r G<..rna- 0< ~ 3<,,( 5 Oak:. J....ea-+ -ri-a.;, (. -#-1 jJ)aJ;--! ~ .tj? 0 -O~r /1 / r _ + hu.$~ ~ hJl.-f-:-::-L (::)t,if1J. ~c..tJ'/J&C-~ C?Gttj S~ OA14 j}tt..J~~() Cf7r.J/(,r/'o SRfYg- t~ 6E/Z.f2; I. ~ t" 0 _~ It ?u~. CoLo fJo u~OS J.GJ./S Shueu:ccd Oak bluef'- . 0<1-./ DtL.C- ~LolbuLD.S d.GJ"S !kauJoad lhk:s !JnUe#~ . ~ #:. ?cj-13/1 / ....../1 /! . Z&6ZS" c:;/H:::, ~ -r7<.. :5 6dco.o.;(o /""/__n AgU~ .' ~ ~ o,#;t:; ~ ~ ?hbAZG~~(J rJ ~7dJ-O/?c; !!.;2G& ~ ~ Z &7 -./2.-'-' . iJ:- ~ I /J04 l~/e';~z:-, ~&C70 ()Q.k: ~eQ-f"' T". S.hcre~cCi~an~ #.-,~. -?7<T-~7;A &v ~J!::;-- NLd{;o?O O4f::: c.Gp=-?Y( 5~) (jJ . /, OL~ ILv'E'~ 02~o" S- OrtK. leAF- ~ ~R.E"woob I~j.,~ ~rk~ 64'-~ ~ ~~ JLclie A"r3-.5 2~/SS c5hor-evJrJod O~S On've 11-/ 11 dJAJ.4; 'I1C;~ ;~5 ;<~P5~t1~Mtffd. O~~ #/ if. '1lJ1-.i!'}/ tl C(\N",~li1\~~u-.~(/ Ql.cD5S ~(( lUOd~ ChRs.:Dr ~ I l.f 1o-5tJ1 i . CITY OF ~(Q)[j2)V SHOREWOOD MAYOR Barb Brancel COUNCl L Krist; Stover Bob Gagne Rob Daugherty Daniel Lewis 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (6121 474-3236 FROM: James C. Hurm, City Administrator tJ- MEMO TO: Mayor and Councilmembers DATE: June 4, 1991 RE: Agenda Item No. 9 - Shorewood Oaks Petition . The following Departments have been asked to proposals contained in this petition from the subdivision: comment on the Shorewood Oaks Bradley Nielsen, Planning Director Donald Zdrazil, Public Works Director Joel Dresel, City Engineer, OSM Richard Young, Police Chief, SLMPSD Tom Neudahl, Fire Marshal Comments which have been received in time for the packet are enclosed for your review. Recommendation . Because of the serious nature of the subject matter, Council might want to take more than one meeting to discuss and consider staff comments, merits of the proposals, and possible alternatives. ~~.r all ,/ i-{/~.--'~~_.~--<'''-; . :./ " ,..1-. if". .;..... / -" A Residential Community on Lake Minnetonka's South Shore REOUEST FOR INPUT TO: TOM NEUDABL, FIRE MARSHALL DATE: MAY 31, 1991 FROM: JAMES C. HURM, CITY ADMINISTRATOR Input requested for: June 10 city Council meeting Please reply by: wednesday, June 5, 1991 ISSUE (Problem Definition): Residents of Shorewood Oaks Subdivision are petitioning the City . Council to take several steps to slow traffic in the area. Please review their communications and comment. (use this form or attach separate memo) 2. DISCUSSION OF OPTIONS: 3. FISCAL AND STAFF IMPACT: ~~ S0t;r~ Title (p-s- /'/ Date Administrator Comment: . . REOUEST FOR INPUT DATE: MAY 31, 1991 TO: DON ZDRAZIL, PUBLIC WORKS DIRECTOR FROM: JAMES C. HURM, CITY ADMINISTRATOR Input requested for: June 10 City council meeting Please reply by: Wednesday, June 5, 1991 ISSUE (Problem Definition): Residents of Shorewood Oaks Subdivision are petitioning the City Council to take several steps to slow traffic in the area. Please review their communications and comment. (use this form or attach separate memo) 1. RECOMMENDATION: Stop Signs should be located only on each el1(.i of Shorewood -Oaks Dr., Burlwood Court at Shorewood Oaks Dr., Maple Leaf at Shorewood Oaks Dr., and each end of Oak Leaf Trail.. Request could be made to increase police patrol in area. 2. DISCUSSION OF OPTIONS: . B..oadway should not be a factor in reducing the present speed posting.. A enforceable limit under 30 m.p.h. must be approved by the State of Minn.. Addition winter sanding will be required as more stopping zones are added.. 3. FISCAL AND STAFF IMPACT: STOP SIGN/POST= $51.71 SLOW SIGN /POST= $66.21 SPEED SIGN/POST= $47.51 Number of Slow and Speed signs not made clear in request. -() 414-. ./" A ,,-, (/~/.;/: kz ,. h - 0-:7/ S~gnature / Date /J/ rpclu~ elf" ~(/Il/ c h-0/ur~ Title ' Administrator Comment: RECEIVED JUN 3 1991' REQUEST FOR INPUT DATE: MAY 31, 1991 FROM: JAMES c. BURH, CITY ADMINISTRATOR TO: RICHARD YOUNG, CHIEF OF POLICE Input requested for: June 10 city Council meeting Please reply by: Wednesday, June 5, 1991 ISSUE (Problem Definition) : Residents of Shorewood Oaks Subdivision are petitioning the City e. Council to take several steps to slow traffic in the area. Please review their communications and comment. (use this form or attach separate memo) RECOMMENDATION: ~ ~\l-e:n ~<:nnD 1. 2. DISCUSSION OF OPTIONS: . 3. FISCAL AND STAFF IMPACT: to~ 3,.Q I Date Administrator Comment: . . SOUTH LAKE l\1INNETONKA PUBliC SAFElY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A YOUNG Chief of Police (612) 474-3261 . MEMQRA}!DUJ! To: James C. Hurm, Shorewood City Administrator Richard A. Younq, Chief of Police \ From: Date: June 3, 1991 Subject: Shorewood Oaks area petition The petition presented asks for the speed limit on certain named roads to be reduced to 15 MPH. No such reduction may be made without approval of the State of Minnesota. They will require a speed study and great documentation for any chanqe in speed limit. I would not expect them to grant any change in the speed limit from the statutory residential speed limit of 30 MPH, certainly not to 15 MPH. I am not aware of any local speed limits that are set that low. Shorewood Oaks is a new street system with wider streets and curbs than in a large proportion of Shorewood. Speed limits are normally set at the 85th percentile of normal traffic. Speed limits are, therefore, set with the knowledge that the 15th percentile of all. .traffic..wi,ll normally be.violating-..!:.h:t3___ speed limit. Studies have shown that a lower speed limit will not usually reduce the speed of traffic, but rather make more persons law violators. (See attached). Another issue is the level at which traffic citations are issued. As you may know, the police department can not issue citations for only a few MPH over the limit. The court system will not accept them. We are forced to write citations based upon the level of acceptance of the leqal system. This is very well defined in Hennepin County. (In my opinion this "tolerance" is increasing.) Most of the speeds referred to in the cover letter to the petitions would fall within that "tolerance". Should the State of Minnesota allow a different speed limit than the statutory speed limit for residential areas, I certainly would encourage the adequate posting of that speed limit. The request for "Slow - Children at Play" signs is also an issue in which the State of Minnesota has taken a very definite stand. They do not recognize such signs. They are not legal. During recent studies, in our area, of traffic control signs and devices, the State of Minnesota recommended all such signs be removed. One reason I heard for this was the ineffectiveness of the signs. Sel'Ving Sourh Lake Minnetonka Communities of Exce/sWr, Greenwood, Shorewood and Tonko. Bay Apparently studies have shown that most drivers do not see the signs and for those that do, there is no effect on their driving behavior. The request for stop signs should be considered in relation to the Minnesota Manual on UnifoDll Traffic Control Devices. The State of Minnesota has adopted this nationwide manual. I have included a copy of the portion relating to stop signs and their placement. There are four warrants :tor the placement of stop signs. In reviewing the petition for requested locations, the warrants can be applied to only some of them. I think everyone would agree that Shorewood Oaks Drive is the main thoroughfare. Therefore, the following requests could be considered under warrants numbers one and/or two: Oak Leaf Trail at Shorewood Oaks Drive - Both Locations Maple Leaf Circle at Shorewood Oaks Drive Burlwood Court at Shorewood Oaks Drive There already is a stop sign on Shorewood Oaks Drive at Strawberry Lane. . The other requested locations, Shorewood Oaks Drive at Maple Leaf . Circle and Burlwood Court do not appear to meet any of the warrants. They appear to be more of a speed control device. This is specifically mentioned in the manual as an improper use of a stop sign. The City of Shorewood has denied other requests for like stop signs. The City of Shorewood has also recently removed stop signs which were felt to be used for speed control only. The police department takes no position on the petition, with the exception of the stop signs which meet the warrants. I feel those signs should be erected. The other requests are subject to the State of Minnesota, City of Shorewood or the manual as published. My comments are meant merely to inform the City Council of factors I am aware of which might impact their decision making process. We will do our best to enforce , within certain guidelines imposed upon us, whatever regulations are in place. If you or the City Council have any questions about this, or any ~ other matter, please contact me and I will respond as soon as possible. 2D-4 Stoll Sign (Rl-l) for use on roadways wi traffic is STOP signs llre intended " 1 . , requlrel to st.op. The ~TOP sign shall be an octagon with white message and bor- llet' on It red hackground. The standarcl size shall be 30 inches by ;W inches. '''here greater emphasis or visibility is required, a larger siz.e is recolllmClllled. 011 low-volume 10cI\1 streets I\nd secondary roads with low approach speeds, 1\ 2'1-inch by 2'1-inch size may be used. At It multiway stop intersection (sec. 2D-6) , a supplementary plate (Hl-3) should he mount ell just below each STOP sign. If the numbel' of approach legs to the intersection is three or more, the numeral on the supplementary plate shall correspond to the actual numher of legs, OL' the legend ALL-'V A Y (Rl-4) may be used. The supplementary plate shall have white letters on 1\ red hackground and shall have 1\ standard size of 12 inches by 6 ihches (IU-3) or 18 inches by 6 inches (Rl-4). A STOP sign beacon or beacons may be used in conjunction with a STOP sign as described in section 4E-4. Secondary messages shall not be used on STOP sign faces. 2D-5 Warrants for Stop Sign ,~1 u Because the STOP sign causes a substantial inconvenience to motorists, it should be used only where warranted. A STOP sign may he warranted at an intersection where one or more of the fol- lowing conditions exist: 1. Intersection of a less important road with a main road where application of the normal right-of-wl\Y rule is unduly hazardous. 2. Street entering 1\ through highway or street. 3. Unsignalized intersection in 1\ signalized area. . 't. Othet. intersections where 1\ combination of high speed, re- stricted "iew, and serious accident record indicates a need for control hy the STOP sign. STOP signs should never be used on the t.hrough roadways of oxpressways. Properly dcsigncd expressway interclmnges provide fOL' the continuous lIow of Immc, making STOP signs unnecessary e"en on the entering roadways. "There at-gmde intersections are temporarily justified fOI' local tr:\mC in sparsely populated areas, ~T()P signs should he used on the entering roadways to protect the through tm/lic. STOP signs may also be required at the end of di\'llrging roadways at the intcrsection with othm' highwa~s nol. llcsigned as expressways. In most of t.hese cases, t.he speeds Will not war1'llnt. any great. inerease in tho sign sizes. 'l"l STOP sig.lall not 1m erected at intersections whem traflic control signa I re opemting. The conflicting commands of two types of control devices am confusing. If tramc is required to stop when the opemtion of t.he stop-and-go sib':'lals is not wal'l"anted, the signals should be put on flashing operation with t.he red flashing light facing t.he traffic tlll\t must stop. 'Vhel'O two main' highways intersect, the STOP sign or signs should normally be posted on t.he minor street to stop t.he lessel' How of traflic. Tramc engineering studies, howe\'er, may justi fy a deci- sion to install ll. STOP sign or signs on the major street, as at a three-way intersection where safet.y considerations may justify st.op- ping the greatel' How of tramc to permit I~ left-turning movement. For other than emergency purposes portable or part.-time STOP signs shall not be used. STOP signs should not be used for speed control. I J " . 2D-6 Multiway Stop Signs The "Multi way Stop" installation is useful as,. a safety measure at some locations. It should ordinarily be used only whem the volume of tmflic on the intersecting roads is approximately equal. A traffic control signal is more satisfactory for an intersection with a heavy volume of tramc. Any of the following conditions may warrant a multiway STOP sign installation (sec. 2B-4) : 1. 'Vhere traffic signals are warranted and urgently needed, t.he multiway stop is an interim measure t.hat can be installed quickly to control t.raffic while arrangements are being made for the signal installation. 2. An accident problem, as indicated by live or more reported accidents of a type suscept.ible of correction by a mulliway stop installation in a 12-month period. Such accidents include right- and left-turn collisions as well as right-angle collisions. 3. :Minimum traffic volumes: (a) The total vehicular volume entering the intersection from l\ll appl"Oaches must average at. least fiOO "chicles per hour for any 8 hours of an average day, and (b) The combined vehicuhu' and pedest.l'ian \"olume from the minor street or highway must avel'l1ge at lcast 200 units pel' hour fOI' the same 8 hours, with an average delay to minOl' street ve- hicular tl'l1/lic of at least aD seconds pc I' vehicle during the maxi- mum hour, but (c) "Then t.he 8ri-percent.ile approach speed of tho major street. t.ramc exceeds 40 miles per hour, the minimum vehicular \"olume warrant is 70 percent of the above requirements. 11 ~ 1l-l1 South lake Minnetonka Public Safety Department 143 OAK STREET EXCELSIOR, MINNESOTA 55331.3095 RICHARD A. YOUNG Chief (6121 474.3261 M E M 0 RAN DUM ~(Q)~W TO: FROM: DATE: RE: James Hurm r- Lt. John Hodgdon ' October 8, 1991 Traffic Survey for Shorewood Oaks and Covington Road. COVINGTON ROAD AND VINE RIDGE (Stop Sign) October 2, "1991 2102 Hours to 2116 Hours 20 Vehicles with no violations . October 3, 1991 082- Hours to 0908 Hours 46 Vehicles with 2 warnings issued SHOREWOOD OAKS DRIVE (Speed) October 3, 1991 0805 Hours to 0845 Hours Westbound- 22,24,28,21,20,15,17,30,18,19,22,17 Miles Per Hour Eastbound- 26,30,18,25,26,17,18,26,15,15 Miles Per Hour No Violations October 3, 1991 1506 Hours to 1530 Hours Westbound- 34,31,25,22,23,26,26,23,32,26,23, Miles Per Hour Eastbound- 23,19,23,18 Miles Per Hour No Violations . October 3, 1991 1625 Hours to 1725 Hours Westbound- 12,24,20,21,19,28,24,22,15,29,24,22 Miles Per Hour Eastbound- 24,28,5,26,22,20,20,25 Miles Per Hour No Violations . October 6, 1991 1524 Hours to 1906 Hours Westbound- 31,32,16,27,21,20,22,20 Miles Per Hour Eastbound- 18,19,20,23,33,23,28,25,24,22 No Violations Officer received a complaint from Strawberry Lane resident that all summer long the Snorewood Oak's residents stand in the street with their children talking and playing. October 7, 1991 0636 Hours to 0705 Hours Westbound- 24,24 Miles Per Hour Eastbound- 26,21,33,18,30,17,33,24,23,14,29,20,24 Miles Per Hour No Violations October 7, .1991 1630 Hours to 1700 Hours .estbound- 25,20,18,29,22,26,25,30,19,20,25,26 Miles Per Hour o Violations . . MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 TO: Mayor and City Council FROM: James C. Hurm, City Administrator II- DATE: September 20, 1991 RE: status of Shorewood Oaks Petition . . Request for speed limit reduction to 15 M.P.H. state Department of Transportation (MnDOT) has been completed and recommends 30 M.P.H. limit be maintained. They suggest installation of two turn ahead arrow signs with advisory speed plates for the curves. Siqns could be authorized bv City Council motion. . Request for speed limit signs - Action Completed Resolution 65-91 directs installation of 30 M.P.H. speed limit signs on both sides of Shorewood Oaks Drive between Maple Leaf Circle and Burlwood Court and on westbound Oak Leaf Trail. . Request for "slow children" signs - No Action For a number of reasons Traffic Safety Engineers strongly discourage such signs. A false sense of security is but one reason. See the January 12, 1989 MnDOT Traffic Engineer IS letter. . . Request for stop sign placement - Action Completed Resolution 64-91 directs installation of stop signs on Oak Leaf Trail at both its north and east bound intersections with Shorewood Oaks Drive. . City Council should ask the Police Department to become more visible in this area on an intermittent basis. all A Residential Community on Lake Minnetonka's South Shore . gO-3 1'7;~(~\~NE~SO'4 ~ ~ ~ :I:l ~ -I 9: ~'f,)- ~<P OF T~\l-~ Minnesota Department of Transportation Transportation Building, S1. Paul, MN 55155 September 10, 1991 (612) 296-2950 '~'-;J ; a ;:,c.. \-- James C. Hurm City Administrator 5755 Country Dub Road Shorewood, Minnesota 55331 . Dear Mr. Hurm: As requested by the City Council Resolution 63-91, dated June 10, 1991, the appropriate engineering and traffic investigation has been completed on Shorewood Oaks Drive and Oak: Leaf Trail. Based on the District traffic investigation results, we concur with the recommendation to continue reliance on Minnesota's statutory urban speed limit, as described in Mn Statutes 169.14. Sincerely, cc: OS & Associates, Inc., Shorewood City Engineer An Equal OPfJortlmlll' El1IfJkH't'r ~D-3 TRAFFIC REGUL\TIONS 169.14 69.123, th~ ich driving- are: (1) sue- ' s of alcohol quirements '. issioner, ' u~der sec- :, regIstration the person. thout valid 7,. fO criminal 169.13 RECKLESS OR CARELESS DRMNG. io,. Subdivision 1. Recldess driving. Any person who drives any vehicle in such a man- ~er as to indicate either a willful or a wanton disregard for the safety of persons or prop- ertY is guilty of reckless driving and such reckless driving is a misdemeanor. ^,.' Subd. 2. Careless driving. Any person who operates or halts any vehicle upon any street or highway carelessly or heedlessly in disregard of the rights of others, or in a ~.- er that endangers or is like!)' to endanger any property or any person, including 1iic'driver or passengers of the vehicle, is guilty of a misdemeanor. ;,:' Subd. 3. Application. The provisions of this section apply, but are not limited in ~plication, to any person who drives any vehicle in the manner prohibited by this sec- -on: . ';:~_(1) upon the ice of any lake, stream, or river, including but not limited to the ice or any boundary water; or "';(2) in a parking lot ordinarily used by or available to the public though not as a .ner of right, and a driveway connecting such a parking lot with a street or highway. ',' : History: (2720-177) 1937 c 464 s 27: 1939 c 430 s 5: 1947 c 428 s 11: 1967 c 569 s :';ExI971 c 27 s 7: 1983 c 236 s 1: 1984 c 622 s 15 ,'.. o carry out 985, emer- ; re pertain-: rules may . y the right , of failure" ving privi- [Repealed, 1976 c 103 s l} [Repealed, 1977 c 347 s 29] 169.14 SPEED RESTRIcnONS. .,.1 Subdivision 1. Basic rule. No person shall drive a vehicle on a highway at a speed &Teater than is reasonable and prudent under the conditions and having regard to the .actual and potential hazards then existing. In every event speed shall be so restricted ':as may be necessary to avoid colliding with any person, vehicle or other conveyance ~on or entering the highway in compliance with legal requirements and the duty of all ;persons to use due care. :=..,: Subd. 2. Speed limits. Where no special hazard exists the following speeds shall )e lawful, but any speeds in excess of such limits shall be prima facie evidence that the -sPeed is not reasonable or prudent and that it is unlawful; except that the speed limit within any municipality shall be a maximum limit and any speed in excess thereof shall -be unlawful: ( 1) 30 miles per hour in an urban district; (2) 65 miles per hour in other locations during the daytime; (3) 55 miles per hour in such other locations during the nighttime; (4) ten miles per hour in alleys. "Daytime" means from a half hour before sunrise to a halfhour after sunset, except '. at any time when due to weather or other conditions there is not sufficient light to ren- ,: der clearly discernible persons and vehicles at a distance of 500 feet. "Nighttime" :-~eans at any other hour or at any time when due to weather or other conditions there ,IS not sufficient light to render clearly discernible persons and vehicles at a distance of '500 feet. "2.:-, Subd. 3. Reduced speed required. The driver of any vehicle shall, consistent with ~ ~e req';1irements, drive at an appropriate reduced speed when approaching and cross- : mg an Intersection or railway grade crossing, when approaching and going around a - curve, when approaching a hill crest, when traveling upon any narrow or winding road- .' way, and when special hazards exist with respect to pedestrians or other traffic or by ~~on of weather or highway conditions. i"} Subd. 4. Establishment of zones by commissioner. On determining upon the basis -,.0 an engineering and traffic investigation that any speed set forth in this section is ,&reater or less than is reasonable or safe under the conditions found to exist on any ,;;:~ hi~way or upon any part thereof, the commissioner may erect appropriate signs ". 19natmg a reasonable and safe speed limit thereat, which speed limit shall be effec- n physical 'thin this n 169.121 r driver's - cation, or 4, 171.14, 21, subdi- bdivision r prosecu- c 602 art . ~(~~tl~ESIO~ ~9. l I- 3 ~ ~ g ~ ~~ OF T?-p..~ Minnesota Department of Transportation Metropolitan District Transportation Building St. Paul, Minnesota 55155 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Reply to :.5001 IA.1lutb. Street, Golden Valley, ~ 55422 Telephone No. 591-4605 August 22, 1991 James C. Hurm, City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 . Re: Speed Zoning - City of Shorewood Shorewood Oaks Drive/Oak Leaf Trail Dear Mr. Hurm: A speed zoning study has been completed for Shorewood Oaks Drive and Oak Leaf Trail as requested by the Shorewood City Council in Resolution 63-91. - Based on the study results and as discussed with you previously, we recommend continued reliance on Minnesota's statutory 30 mph urban district speed limit. (This limit may be posted or not posted at the city's discretion.) Our recommendation has been forwarded to Mn/DOTs traffic engineering office inSt. Paul for their review. Assuming they concur, no speed limit authorization will be issued. You will be notified of their action. Also, as discussed with you, there is one curve on each road where 30 mph speed cannot be safely maintained. We suggest installation of turn signs with appropriate advisory speed plates for these curves, especially since the speed limit is posted. . During discussion of our recommendation, you expressed interest in general comments concerning speed limits and SLOW CHILDREN signs. You might therefore find the attached letter and the following general comments of interest. While many people believe that posted speed limit determines the speed of traffic, studies in Minnesota and elsewhere have demonstrated that speed patterns are actually determined by driver reaction to the road environment and by driver attitude (purpose of trip, etc.). Very little change in speed patterns can be expected with a change in the posted speed limit. Why then do we bother to post a speed limit? A speed limit can perform the following functions: ~---'7>nI1lJ~/i~ "'.v~e-./ ~MINNESOIA ~ 1990 An Equal Opportunity Employer .t(l\ ~~ Minnesota Department of Transportation District 5 2055 No. Lilac Drive Golden Valley, Minnesota 55422 January 12, 1987" (612j~ 593-8544 DIRECTOR OF PUBLIC WORKS Municipalities & Townships within Anoka, Carver, Hennepin & Scott Counties Re: "SLOW' CHILDREN" Signs Dear Sir: It has come to our attention that some municipalities and townships within Minnesota are still using black on yellow rectangular shaped signs with messages such as: "SLOW' CHILDREN" and "WATCH OUT FOR CHILDREN," etc. Please be advised that these are not standard sign~ as listed in the Minnesota Manual on' Uniform Traffic Control Devices and we therefore recommend that you remove them from your road system as soon as possible. Alternative signs of the correct diamond shape do exist in the Minne- sota Manual. (Two examples are: sign Wll-X5 "WATCH FOR CHILDREN" and sign Wll-X6 "WATCH FOR PEDS"). To remain effective, however, these signs must only be used in unusual situations. One example might be an area of restricted sight distance where the presence of children is probable and drivers are likely to be unaware of this fact. We do not recommend use of the signs where sight distance is good or in residential areas where drivers should be expecting the presence of children merely because of the type of adjacent development. While we do not presume to suggest that Mn/DOT has any jurisdiction in this matter, we do feel it is appropriate to inform you of the non-conforming use. We have observed a great number of these instal- lations throughout our district. Please call me or Larry McKenzie at this office if you have questions. Sincerely, ~~c P.E. District Tra . . cc: L. G. Eilts D. W. Brown L. o. McKenzie ", E. Brown File JSK: p l :EB An Equal Opportunity Emplo7.' ~ ~' =rom /; . .I ^._/~, Subject .' .41upOI.O '.lESSAGE /~ / fi -'l.1 '1/,/J,., ./ ./ .. I , .f '""'" ('.I' , ).ct.,fLd' / -.J../ ,./ '/)/i p. Speed ~:tte~~/'/J'/ "'-<2 -?,. / I. Ci.. . '_~/ . fit 10 J--r:i/~____ ~.-tLu / -.. ./ , / ; . ~/J.....~."'/, 1~ " 11) 7 - .~ ".f-- ...;..../ REP. A- / .1.. ;.~ ,.70 _t . ~ r < r ~ t~ ~ I..,.... 0..,' ~ Scot~.tr 7664 "Post.it" Routing.Request Pad ROUTING -~EQUEST I' . f .- READ To/ / .i '-IANDlE ~PPROVE =ORWARD '::~.ISCARD EVtEW WITH ME ,,/ P', From ('-_. . . J . Date ~ - / --:-- ...., I L. . I '-' I , / .'/ ~ .f:; j/ /..../ lte q' - /5-;7/ / . 't ; /:.v.-.,-./ .~,;? ,.N! ....:-,. _ /- j' ~1....,) :S~.r. A .. /1 ~~ ~iq",'Y) 1.../.././'1 ~ / . / /,. ...' /______~ (,-:J .J ( -:-.......1 ~ ~ ~ Signed I i1-;f..-..- / / ~.l:'.U (). ..,. I r.~ / T / y./.,(J.O /r Jf 'j / ( /. Signed /;'.j.....~ ~ ~~j' .--- -~ .# , ../ RECIPIENT -RETAIN WHITE COPY, RETURN PINK COPY. TURN OVER FOR USE WITH WINDOW ENVELOPE. ?/)/4 CITY OF SHOR~ROOD REGULAR CITY COUNC I L MEETING MONDAY, JUNE 10, 1991 COUNC Ir-CHAMEERS 5755 COUNTRY CLUB ROAD PAGE 4 Nielsen said he would like to table the discussion Of~~~~ staff can respond to Einhorn's presentation. the Stover said there was a lengthy discussion at the Planning Commission abouT what constitutes a street.~ She said Island View has been used as a road for a long time. She said Nielsen suggested repositioning the house on the lot so that no variances would be required. Stover said the Einhorns want to have a view of the lake and this is not sufficient reason to grant a variance. City Attorney Froberg said he could prepare findings of fact while the staff is researching Einhorn's requests. Stover moved, Gagne seconded. to direct the City Attorney to prepare findings of fact to deny the request for variances for John Einhorn at 558c Howard's Point Road for consideration by the Council at it's next meeting. Motion carried - 5/0 PETITION OF SHOREWOOD OAKS SUBDIVISION . RESOLUTION NO. 63-9~ RESOLUTION NO. 64-9~ RESOLUTION NO. 65-9~ Monique R. Droege presented the petition of the Shorewood Oaks residents for the placement of stop signs on Shorewood Oaks Drive, Maple Leaf Circle Burlwood court and Oak Leaf Trail and the reduction of the speed limit to 15 MFH. The petition also requests SLOW CHILDREN AT PLAY signs. Droege said there are many small children in the area and cars speed along Shorewood Oaks Drive. It is used as a cut through street to HwY. 7 because a right turn lane is provided on HwY 7. She said if a right turn lane was put in ~Church Road, the traffic might be reduced. Brancel said Publ ic Works Director Zdrazi I recommended stop signs onl Y6 each end of Shorewood Oaks Drive and each end of Oak Leaf Trail. Also the intersection of Burlwood Court and Maple Leaf and Shorewood Oak Drive. She said a 15 MFH speed limit will need the approval of the State of Minnesota. The police department said a 15 MPH speed limit is not enforceable. Rd Engineer Dresel said MN/Dot is looking at a turn at Church ~. Nielsen said the City can request a speed study of Shorewood Oaks Drive from the State. Stover asked Droege if the residents had requested police patrol of the road. Droege said they had but have not seen the police yet. Droege asked if the city could install CHILDREN AT PLAY signs. Nielsen said these are not effective. Councilmember Daugherty asked the Nielsen if there could be some safety measure introduced until the speed study is done. Councilmember Gagne asked Dresel to ask Mn/Dot if the Church Road turn lar. is being considered. 4 ?/.lII'12- . CITY OF SHOREWOOD . REGULAR CITY COUNCIL MEETING MONDAY. JUNE 10. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 (C(Q)[P)f Stover moved. Gagne seconded. to adopt RESOLUTION NO. 63-91 "A Resolution requesting the State of Minnesota to do a speed study of Shorewood Oaks Drive." 4 Motion carried - 5/0 on a roll call vote. Stover moved. Gagne seconded. to adopt RESOLUTION NO. 64-91 "A Resolution directing the placement of Stop Signs at both ends of Oak Leaf Trail and Shorewood Oaks Drive. Maple Leaf Circle at Shorewood Oaks Drive and Burlwood Court and Shorewood Oaks Drive." Motion carried 5/0 on a roll call vote. Droege asked the Council how long it will take to do the speed study. Nielsen said it could take several weeks. He said the City and neighborhood can request additional patrols from the police dept. He said this can be very effective. . Daugherty moved. Gagne seconded. to adopt RESOLUTION NO. 65-91 "A Resolution requesting two 30 MPH speed limit signs at Maple Leaf Circle and Shorewood Oaks Drive and one sign at Strawberry Lane and Shorewood Oaks Drive." Motion carried - 5/0 on a roll call vote. REVIEW CITY POLICY ON WATERMAIN ASSESSMENTS RESOLUTION NO. 66-91 AND REVISED ENGINEER'S REPORT ON PINE BEND WATERMAIN EXTENSION . Dresel said two residents already had water services available to their houses and did not want to be assessed for the Pine Bend project. He said without these houses the assessment of the Pine Bend_project will rise 20% for the remaining homes. He said the City could pay the additional $8000 out of the water fund. to be replaced when the two homes are hooked up. Stover said this would constitute a change in the City's policy and if the project hinges on a change in the water policy it will not get done. She asked if a new public hearing will be necessary because of the change in price. Dresel said yes. Daugherty asked if the City could assess the properties for the water even though they already have access to water. because they are in the project area. Dresel said the City must prove benefit to these residents. The City cannot assess someone for something they already have. Gagne said this is another discussion on wants to have a study session to discuss He thought the Council had established a assessing properties for water. He said the water fund for the project. the City's water policy and he the problem. policy of majority rule when the City should take 58000 out of C" .....J ~PI/Y2 R~GULAR CITY COUNCIL MINUTES OCTOBER 14.1991 - PAGE 8 " rc(Q)[pY 6. SHOR~NOOD OAKS DRIVE/OAK LEAF TRAIL SPEED STUDY Monique Droege said she received no further reports from the City or the Police Dept. regarding spee~ers on Shorewood Oaks Drive. Gagne said the police speed study does not indicate that there is a lot of speeding on the road. Droege said the police were very visible and that potential speeders ala have time to slow down. She said she still sees a lot of traffic and there is still a problem. Droege said there are 61 children in the area and 33 under the age of 5. She said the City should take resident's request for stop signs seriously. Droege informed the Council that they can install stop signs even if the police do not approve. Droege said the maintenance of a 30 MPH speed limit. instead of the 15 MPH requested by residents. protects the drivers. Brancel said the residents can install sidewalks as a way to protect children. Daugherty asked Sellergren if there are any MPH speed limit is established. Sellergren unless there is a P011CY change. Brancel said officers cannot enforce this limit. Daugherty said it will encourage drivers to slow down. the. legal ramifications if a 15 said there is no problem Droege said s~op signs are the only way to slow down drivers. She also said residents are angry that "Slow Children" signs were not recommended by the State because they give a false sense of security. She said residents feel this is a "cop out". Daugherty said the City should place the s~op signs reques~ea DY the residents and then consider the speed limit and advisory signs. Brancel said a stop sign in the middle of the road will set a precedent.. Tney are not recommended by ~ne State or the Police Department. Tne Coving~on/Vine Ridge area will also want these signs. Hurm recommended the Council not place a stop sign and then remove it. He said the placement of a stop sign should be taken seriouslY. If a sign is placed in an area. such as the middle of a road. where drivers are not expecting a sign. it can create more problems than it solves. He said traffic engineers do not recommend this approach and he does not recommend this placement. Daugherty said the City should place a stop sign ac Burlwood Court and Shorewood Oaks Drive and then get feedback from the residencs. Brancel reiterat~d her objec~ion. Daugher~y moved. Gagne seconded to approve the placemenc of t~o s~op signs at the intersec~ion of Eurlwood Cour~ and Shorewood Oaks Dr:ve. Mocion carried - 2/1 CErancel) ?/~/I , , . . CC(Q)~1f 6/28/91 RESOLUTION NO. 64-91 . A RESOLUTION DIRECTING THE ERECTION OF STOP SIGNS AT OAK LEAF TRAIL, MAPLE LEAF CIRCLE AND BURL WOOD COURT WHEREAS, Shorewood City Code Section 801.01 adopts the provisions of the Minnesota State Traffic Code, Minnesota Statutes, Chapter 169 (as amended), which Chapter provides that local authorities may place and maintain such traffic control devices upon highways under their jurisdiction as they deem necessary to regulate, warn, or guide traffic; and WHEREAS, the Council has made a determination that such traffic control devices are necessary at certain locations on Oak Leaf Trail, Maple Leaf Circle and Burlwood Court; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood: 1. That the Public Works Department is hereby directed to erect stop signs on OAK LEAF TRAIL AT BOTH ITS NORTH BOUND INTERSECTION AND ITS EASTBOUND INTERSECTION WITH SHOREWOOD OAKS DRIVE. 4. That this traffic regulation shall become effective at the time of erection of said signs. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 10th day of June, 1991. I ), 1 j'7 ~/ . . / . . ft _ ~.~ /5)J;ytltk1C~ b}j//jt:/ /' Barbara JU Brancel, Mayor ATTEST: 11 {oJ A. JA.' /. './\ I~. '.1,'" ~V'vv .., "- {.~:",-_' Vf \.(...~ '-' .J {James C. Hurm !City Administrator/Clerk rplh2- R~GVLAR CITY CCu~C!L MINU7ES OCTOBER 14.1991 - PAGE 8 .,..- -,; ~(Q)lP'f 6. SHOR~~OOD OAKS DRIVE/OAK LE~? TRAIL SPEED S7UDY Mcnique Droege sala she received no further reports f~cm ~~e City or ~~~ Police Dept. regarding sp~egers on Shorewood Oaks Drive. .. Gagne said the police speed study does not indicate that t~ere is a lot of speeding on the road. Droege said the police were ve~f visible and that ?oten~ial speeders ~la have time to slow down. Sne said she still sees a lot of t~affic and there is still a problem. Droege said there are 61 children in the area and 33 under the age of S. She said the City should take resident's request for stop signs seriously. Droege informed the Council that they can install stop signs even if the police do not approve. Droege said the maintenance of a 30 MFH speed limit. instead of the 1S MPH requested by residents. protects the drivers. Erancel said the residents can install sidewalks as a way to protect the. children. Daugherty asked Sellergren if there are any legal ramifications if a 1S MPE speed limit is established. Sellergren said there is no problem unless there is a POllCY change. Erancel said officers canno~ enforce this limit. - Daugherty said it will encourage drivers to slow down. Droege said s~op signs are the only way to slow down drivers. She also said residents are angry that "Slow Children" signs were not recommended by the State because they give a false sense of security. She said residents feel this is a "COE' out". Daugherty said the City shou~a place ~ne S~OE' signs requested by the residents and then consider the speed limit and advisor! signs. Erancel said astoE' sign in the middle of the road will set a precedent. ~ney are not recommendea Oy the State or the Police Department. The '. Covington/Vine Ridge area will also want these signs. nurm recommendea ~ne Council not E'lace a stop sign and then r~meve l~. ne said the placement of a stOE' sign should be taken seriously. ~r a sign is placed in an area. such as the middle of a road. where drivers are not expec~ing a sign. l~ can c~eate more problems than it solves. ne said trar=:c engineers de not recommend ~his approac~ and he does no~ reccwmend this piacemen~. Daugher~y said the City should E'lace a s~op sign a~ Burlweod Cour~ and Shorewood Oaks Drive and then get feedback :rcm ~he r~siden~s. Erancel ~ei~e~a~ad he~ objec~ion. Daugher~y moved. Gagne seconded to approve the ?lacemen~ of t~o 9~C? signs at the intersec~icn of =u~l',.{eeci Cou::--:. and Sl1e::-eT,.{ccci Oaj.(s O:-:ve, Mc~ion c~r::-ieci - 2/1 (3r~ncel) ifl;2-/ ! CITY OF SHOREWOOD ORDINANCE NO. 304 AN ORDINANCE RELATING TO SPECIAL ASSESSMENTS PERMITTING PARTIAL PREPAYMENTS The City Council of the City of Shorewood, Minnesota, ordains: Section 1. Section 903.18, Subd. 5 (g) 5 Partial Prepayment of Special Assessments. Special assessments may be partially prepaid subject to th e following provisions. -. (a) Partial prepayments shall be made to the City Finance Director. (b) Partial prepayments may be made not more than once per calendar year. (c) Partial prepayments may be paid in amounts not less than 20% of the original assessment. Section 2. 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 14th day of August, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator it9 "l,.' SOUTH LAKE MINNETONKA PUBUC SAFElY DEPARTMENT 810 Excelsior Boulevard ?vl ~... Excelsior, Minnesota 55331 ,. RICHARD A YOUNG Chief of Police MEMORANDUM To: Coordinating Committee City Administrators Chief Rick Young 17/ July 21, 1995 ] /Id- <(I q t)" From: (612) 474-3261 ~l.~.~rs.. ~fen~.r=. - ~;jl Lf;, ~ Lf;lj W ~~l\ I J I I ,- . IUJ ,u_~ 1 190, Ii I By v," !...I _.~ COUNCILCOR~EsrONDENCE Date: Date: Subject: 1996 Budget Request ~TOday, the City of Excelsior called and asked me to verify and explain some numbers in my 1996 budget request. As I was preparing the information for them, I discovered where I had made a mistake in some calculations regarding the Shorewood Officer. The result is the same expenditures as in the budget presented at the Coordinating Committee, but an increase in the amount Shorewood will be contributing for that officer on the revenue side. I would point out that Shorewood would have still been billed the correct amount because that will be based on actual expenditures. However, the amount would have been in excess of what I had told them it would be. In fact, the net effect to Shorewood is an additional $4,999.62. A corrected revenue budget and memorandum outlining the Shorewood charges is attached to this memorandum. The net effect on the South Lake Minnetonka Public Safety Department budget is a reduction to af976,423.28 for the cities portion. This compares to $964,968.1.5 for .:995, or a total budqet request increase of 1.2%. Obviously, the various city shares also went down as shown on the attached material, but in summary the figures are listed below: City Excelsior Greenwood Shorewood Tonka Bay 1995 $303,000.00 78,162.42 423,621.02 160,184.71 1996 $307,573.33 76,161. 02 432,555.51 160,133.42 % Chanqe 01.5%+ 02.6%- 02.1%+ 00.03%- I apologize for any inconvenience this may have caused any of the cities. Serving South Lake Minnetonka Communities of Excelsior, Greenwood, Shorewood and Tonka Bay 1F It) SOUTH LAKE HINNETONKA PUBLIC SAFETY DEPARTMENT 1996 BUDGET Department Request 10 - Salaries lOA - Salaries - fitness 11 - Salaries - overtime 12 - Salaries - parttime 13 - Professional Services 20 - Communications 21 - Printing & Publishing 22 - Utilities 23 - Travel, Conferences & Schools 24 - Maintenance 27 - Care of Persons 28 - Cleaning & Waste Removal 30 - Office Supplies 33 - Motor Fuels 37 - Uniforms 39 - General Supplies 40 - Rent 41 - Insurance 43 - Subcriptions & Memberships 45 - Pensions & Benefits 48 - Special Projects 51 - Building Expense 52 - Furniture & Equipment 53 - Vehicles TOTAL "-'Y $668,339.76 5,635.49 37,040.00 36,300.00 3,000.00 6,000.00 4,000.00 14,200.00 7,500.00 18,500.00 100.00 ~ 6,200.00 3,750.00 16,000.00 5,900.00 11,400.00 41,400.00 48,775.00 650.00 139,500.00 9,500.00 1,500.00 9,000.00 51,250.00 ~ 1,145,440.25 INCOME . TOTAL (75,000.00) 10,000.00 (29,000.00) (21,816.97) (9,000.00) (6,800.00) (6,000.00) (7,800.00) (4,000.00) (4,000.00) (12,000.00) (600.00) (100.00) (100.00) (800.00) (2,000.00) (169,016.97) State Aid Transfer From Contingency Grant Shorewood Interest Minnetonka School District Park Patrol Court OvertLme . Civil Defense Training Sale of Vehicles Accident Reports Fingerprints Photocopies Report Copies Miscellaneous GRAND TOTAL 976,423.28 CITY BUDGET % Excelsior $976,423.28 .315 Greenwood 976,423.28 .078 Shorewood 976,423.28 .443 Tonka Bay 976,423.28 .164 TOTAL SHARE 307,573.33 76,161. 02 432,555.51 160,133.42 City 1995 Contributions Excelsior Greenwood Shorewood Tonka Bay 303,000.00 78,162.42 423,621. 02 160,184.71 6fZ,' - ,. tr SOUTH LAKE MlNNETONKA PUBUC SAFElY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A YOUNG Chief of Police (612) 474-3261 MEMORANDUM To: City of Shorewood From: Chief Young Date: July 21, 1995 Subject: 96 Budget Request - Shorewood Officer Listed below are the amounts and categories in the 1996 South Lake . Minnetonka Public Safety Department budget request due to the Shorewood Community Policing Officer. 10 Salary $35,129.84 lOA Physical Fitness 351.16 11 Overtime 1,716.00 20 Communications 250.00 23 Training 500.00 37 Uniforms 400.00 43 Insurance (WC) 2,000.00 45 Pensions & Benefits 7,050.12 Miscellaneous 1,000.00 SUBTOTAL $48,397.12 5% Administrative Fee 2,419.85 . TOTAL $50,816.97 Less Federal Grant $29,000.00 City of Shorewood Cost $21,816.97 As I had mentioned during the discussions about this position, the 5% administrative fee would not cover our actual costs. However, due to other income we receive in Police State Aid, these actual costs are covered. In the 1996 budget I was able to increase the income in State Aid by $5,000 due to the Shorewood Officer. cc: Coordinating Committee City Administrative Staff Serving South Lake MinneronlaJ Commu.niries of Excelsior, Greenwood, Shorewood and Tonlal Bay ~. 9' -1 RESOLUTION NO. 95-_ A RESOLUTION MAKING APPOINTMENTS TO THE SNOWMOBILE TASK FORCE . WHEREAS, the City Council, with the passage of Resolution No. 95-53 has established a Snowmobile Task Force; and WHEREAS, said Resolution states that membership and the chairmanship shall be established by separate resolutions. NOW, THERE BE IT RESOLVED THAT the Task Force shall be made up as follows: Representing: Planning Commission ........................... Virginia Kolstad Alternate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Laura Turgeon Park Commission................................ .Roxanne Martin Alternate............ ...... .............. ...... .William Colopoulos, Jr. Citizens At Large: 1. 2. 3. 4. Nonvoting !\1embers: SLMPSD Police Chief. . . . . . . .. . . . . . . . . . . . . . .. . . .Richard Young City Administrator................................James C. Hurm Snow Patrol..... . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . . . . .Dan Puzak PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY . OF SHOREWOOD this 14th day of August, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator ;f:F// (... ....ol o I N G RID SCHAFF 25605 Smithtown Road Shorewood, Minnesota 55331 612-470-6101(voice 470-6102(lax) July 27, 1995 Shorewood City Council, Dear Council Members: I understand there is a position open on the Task Force to determine the viability of snowmobile usage on trails in Shorewood. I would like to be considered for this position, but I do this with no small amount of reservation. My concerns stem from the belief that this will be yet another .snowmobile task force" . that will fail to produce meaningful results. I've lived in this community for three years and, despite the best efforts of the community to regulate and peacefully coexist with snowmobiles, the situation seems to be in a state of continual deterioration. I am not looking forward to this winter. Because of these observations, I feel very strongly about D..Qt allowing snowmobiles to operate on Shorewood trails. If the council believes that these attitudes are too polar, or to divisive for the task force, it may wish to not include me on it. Even if that is the case, I would welcome the opportunity to publicly address the task force in a formal manner. I believe that the Shorewood trails are for a!! people to use, a!! year round. Sincerely, Ingrid Schaff . ,. . . _, t.: :-2.~;' - ~ ..':;':.1 I 19::<5 i__::;r (}f Si.l()re~'l()cd 5755 -~ " ; I 11 !"'. .........l... ,--"W Count ry. Road. Shorewood MN 55331 :-(-, ;,V l"l <) rn -,:- f:"'!:.::) -:'7 -~.. -~ ..l 1': ()n.ce {'rl: a~n wr~ting this letter to e::)reS2 my inter~st in ser7ing ~s a snowmobile task force meffioec. I W2S bor~ ane raised ", ShoreWC0~ and cu~rently r-eai~e at 25295 S~ithtow2 ?oad. : have been a 3110W!nobi~e e~thu2iast 2inc~ tl:e late 196C ~. ~ ieel I ('all ~e a v~~uable 2ssec to the - - t :::;r c e a. ";.l c: c.: .S.ll C ,~:.. 3 _:~ serve objectively to C~Jme :0 a declsion that w~ll best serve the c.Ltizens of Shorew.ood~ rr1:iac.k yo\..\ ;: l:e S 11r)ftilTIob: 1 e t:::)1' as '-'- mern.oe:' ~.. --..J...... :::)..n..=lc.e!.~lng me ~=as~. f~)l"ce. Sincerely, (\ 9~ . J~}j~. Dana Gee t-ge =5295 Smithtown Road Shorewcod MN 55331 474-5043 (.- .. -~ Ann N. Packard 5735 Bnmtridgs Drive Excelsior, MN 55331 612474-1874 10 ~rc~DW~1F!1 {. I'. ' rl Ii '1'....... il I 'v'-"_ Q 8y~ ~ July 10, 1995 Mr. Jim Hurm City Administrator 5755 Country Club Road Shorewood, MN 55331 . Dear Jim: This letter is in response to a recent article in the Excelsior Sailor reagarding volunteers to serve on a snowmobile task force. I am writing to express interest in this effort. Although I am not a proponent of snowmobiles, I feel I can offer a balanced and fair opinion. I am a 15-year resident of the city and I am concerned about snowmobile safety, as well as the environment, and would be willing to put time and . effort into the issues raised by the citizens of Shorewood. I look forward to your reply. Sincerely, ~ Ann N. Packard // I K-e :10 &: Or;' yove I-h~ ~// ~s e7r~S of' (> /0 t-,h'''J ,./ . ;!1 e c (.} \-{ 50 , ./ '}--6-9S- ...--;--- , ! O. G rf;/ L C1 ( ~'i1 : 7 -<0,/ s;{, ~-c:- d~O 'S,,,,,,: n, I~~p? vR d, c:L ~rl $ ./ ~S-S--?..:i:l ,C" L ,',',.-J:> // r....--/ ...J 11 z'''' ~ ........-~- . . r Lr-l/O l.( Id /' ::..--/1 0 itl /Yl 0 f} /, f f3 Co /'~/~l //A2. .--- / J. II'L/<F' o/) ;/A'e -IX','!? / - It i -- ..J.. T ;-~.,,,:-:z I () , ,0 I -r- t;!t/e.c'yI:SCCf'y \ ~ .&i.fi- J: d,d qC~\ +. 501f,/ . 5161~ s. 0)'0 , ~ ;-5 1/11 Y /} VI ~ ~Q/2. ..::.c )1~2 .-- 1-,. "ag . 1J)Ot)..;J.. +mQ,r') r 4-'2 ~V/f-~ +ht:. L'/-Jy 0-;2 () I ( 111,/ /;/Jf!, ~lJ JlJL - 7 1995 5/;Oi~('~'/'".(.~%.)~ L/:/7y -/O~'/ ('hi) 1.//7_ 6<;;'/y (u,./) () /'Jo/ J:: J ...t' .;2.., ~= tt"O/1 ~ /' 0 //'/4 ~ /)!L }~ c./e L,C,] 7- .:::z:... ~ C' (...t...... (J -"'"S/Jote"7z,10.&k'P /,CJ I..!, : r . 0/fc -r-rlc-YU.? O/re t CCl/t c. eA r1 I ~ e;ar::d t.>~ 1-/ C2 ~CE~/i:'~ /;) YlZ~.es ,.CS(-CE'b-c,.~ ; COt'l;&$~ C)1'1 j-r./C/ V C (:'/'vf/# y'?f{, .s o/ld e.1rp1?Y~ J /.-1 P::ep/{A,<. /n q t:ev:!, 7'-,4/.:5 .rO'5r"/~;c).,.., . /tM/<S j;?oy 5;0 /Ie 'Z. . ~ _,...' r"'\h , 0~ \9~,.I "j'0\.. \ July 8, 1995 TO: Shorewood City Council Please accept this as my application for a position on the Snowmobile Task Force. My belief is that snowmobiles should not be allowed within the city limits. Sincerely, John Arnst 5480 Teal Circle Shorewood, MN 55331 474-5726 .,.:. '"' "....... . . ~--.. -r~ ~ DRAFT: JUNE 28, 1995 COOPERATIVE AGREEMENT FOR THE SOUTHSHORE SENIOR/COMMUNITY CENTER THIS COOPERATIVE AGREEMENT FOR THE SOUTHSHORE SENIOR/ COMMUNITY CENTER is made on this _ day of , 1995, by and among the City of Deephaven, a Minnesota municipal corporation (Deephaven), the City of Excelsior, a Minnesota municipal corporation (Excelsior), the City of Greenwood, a Minnesota municipal corporation (Greenwood), the City of Shorewood, a Minnesota municipal corporation (Shorewood), and the City of Tonka Bay, a Minnesota municipal corporation (Tonka Bay), (hereinafter collectively referred to as "Cities"). . RECITALS: FIRST: Cities desire to develop a senior/community center (Center). The Center shall be used by senior citizens for educational and recreational activities, including, but not limited to, arts, crafts, music and other various programs of enrichment. In addition, the Center shall be used by citizens for banquets, receptions, reunions and other public and private events and other community-based activities such as those commonly provided at community centers throughout the area. SECONP: Cities desire to combine resources pursuant to Minn. Stat. 9 471.59 to develop and construct the Center. NOW, THEREFORE, the parties covenant and agree as follows: . 1.) . Pm:pose. The parties have determined that each City is more economically and efficiently served by constructing and operating the Center rather than each City constructing and operating its own community center. The parties agree that the Center shall be used by senior citizens for educational and recreational activities, including, but not limited to, arts, crafts, music and other various programs of enrichment. The Center shall also be used by citizens for banquets, receptions, reunions and other public and private events and other community-based activities such as those commonly provided at community centers throughout the area Such programs and activities shall be consistent with the use of the surrounding and adjoining facilities. The overall guiding principle embodied in this Agreement is the mutual desire of the parties to maximize the use of the Center by all members of the Cities' respective constituencies. 2.) Ownership. The development and construction of the Center shall be financed through a pooling of resources from Cities and The Friends of the South Lake Minnetonka Senior Community Center, a Minnesota non-profit corporation with tax-exempt status pursuant to 99 170(c)(2) and 501(c)(3) of the Internal Revenue Code of 1986 (Friends). Cities shall own the Center as tenants in common, with the ownership interest of each City proportionate to each City's investment in the Center. The amount of each City's investment and the proportionate f/~ ownership of each City is set forth in Exhibit A attached hereto which may be amended from time to time. The Center shall be constructed on property owned by Shorewood which is legally described on Exhibit B attached hereto. Shorewood shall be responsible for the design and construction of the Center in accordance with the plans and specifications set forth on Exhibit C attached hereto. Shorewood agrees to enter into a ground lease with the Cities (Ground Lease). A copy of the Ground Lease is attached hereto as Exhibit D. 3.) Funding. All amounts due from Cities for the development and construction of the Center shall be remitted to Shorewood on the date of the execution of this Agreement by an authorized representative of each City. Shorewood shall be the finance manager during the design and construction of the Center and shall establish separate books of account to monitor the payment of funds. Upon completion of the development and construction of the Center, The Cities shall be under no further obligation to fund the maintenance, operation, programming or staffmg of the Center. . 4.) Excess Funds. Upon completion of construction of the Center, excess funds shall be held in a restricted capital reserve account for the purpose of repairs and capital replacement of the Center. This account shall be controlled by the Friends, however, no expenditure in excess ofTen Thousand and No/lOO Dollars ($10,000) shall be made without the approval of a majority of the Cities. This reserve is not intended for day-to-day maintenance such as snow removal, routine building maintenance and cleaning. 5.) ~. Cities shall lease the Center to Friends (Friends' Lease). The term of the Friends' Lease shall be twenty-five (25) years and the rental rate shall be One and 001100 Dollar ($1.00) per year and other good and valuable consideration. Friends shall operate and maintain the Center. Friends shall be required to pay for any and all forms of insurance to adequately insure the Center against any and all risks asSOCiated. with operating and maintaining the Center, both known and unknown, including worker's compensation insurance for Center employees and general liability insurance up to the statutory limits of liability relating to the Center. Each policy shall name Cities as additional insureds. By entering into this Agreement, Cities do not agree to assume any risk or responsibility for the acts or omissions relating to the operation and maintenance of the Center by Friends, or for the procurement, or failure to procure, by Friends of insurance against all insurable risks, both known and unknown, related to the Center, or for the acts or omissions of any other City. 6.) Termination. Any City may terminate its participation in this Agreement at any time for any reason upon thirty (30) days written notice to the remaining Cities. The remaining Cities shall not have a right to object to any City's withdrawal from this Agreement. Withdrawal from this Agreement will not result in the forfeiture of the withdrawing City's undivided ownership interest in the Center. pro';ided that the withdra'.ving City relinquishes and permanently forfeits its undi';ided o'.voership interest in the Center to the remai..1in; Cities by 2. execution of a Quit Claim Deed. The forfeited interest shall be Fe allocated among the remaining Cities in proportion to the Cities' proportional interest set forth in Exhibit .'\. attached hereto. At the termination of the lease term or termination by action and approval of the Cities, the Center may be sold subject to the following: (a) Sale to Third Party. The Center may be sold to a third party for fair market value. The proceeds of said sale shall be allocated and paid to each City proportionate to its original capital contribution as provided in the attached Exhibit A. . (b) Shorewood Option. The City of Shorewood may retain the Center by repayment to each of the remaining Cities an amount equal to their original capital contribution. Shorewood may pay the remaining Cities in cash, or at its option, Shorewood may make installment payments to the Cities over a period not to exceed ten (10) years payable in equal annual installments of principal and interest at the rate of eight percent (8%) per annum from and after the date of Termination. (c) Proceeds from Future Gain. Should Shorewood sell the Center to a third party within ten (10) years of exercising the option provided in (b), the net proceeds of said sale beyond the original capital contribution paid to each of the Cities under . (b) shall be allocated and paid to each City proportionate to its original capital contribution as provided in the attached Exhibit A. 7.) Amendment. The terms of this Agreement may be amended only by the unanimous consent of the parties in writing. 8.) Governiug Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. . IN WITNESS WHEREOF, the Cities of Deep haven, Excelsior, Greenwood, Shorewood and Tonka Bay, in accordance with the authorizing resolution from their respective City Councils, have caused this Agreement to be duly executed. CITY OF DEEPHA YEN Dated: By: Its: City (Clerk) Administrator By: Its: Mayor '" -'. CITY OF EXCELSIOR Dated: By: Its: City Manager By: Its: Mayor CITY OF GREENWOOD Dated: By: Its: City (Clerk) Administrator . By: Its: Mayor CITY OF SHOREWOOD Dated: By: Its: City (Clerk) Administrator By: Its: Mayor . CITY OF TONKA BAY Dated: By: Its: City (Clerk) Administrator By: Its: Mayor 0104965.01 4. City Shorewood Excelsior Greenwood Deephaven T onka Bay . . ."'" EXHIBIT A S Contribution $ 311,000 90,812 24,569 139,639 55,980 $ 622,000 % Contribution 50. OO~{, 14. 60~{' 3 0501 ...., 10 22.450/0 9.000/0 1 00.000/0 . . . ~. ,-~....,.:i--:',~_--.._._,___~_ ,',,~ Draft: June 27, 1995 EXHIBIT D GROUND LEASE THIS GROUND LEASE is made this _ day of May, 1995, by and betvleen CITY OF SHOREWOOD, a Minnesota municipal corporation (Landlord), and the Cities as established in that Cooperative Agreement for the Southshore Senior/Community Center dated May 1995 (Cooperative Agreement) among the Cities of Deep haven, Excelsior, Greenwood, Shorewood . and Tonka Bay (hereinafter collectively referred to as "Tenant"). It is the intention of Landlord and Tenant that no further or continuing obligations shall arise from the creation of this Ceooperative Agreement. Landlord and Tenant, intending to be legally bound, hereby covenant and agree as follows: ARTICLE 1. PREMISES Landlord does hereby lease, demise, and let unto Tenant, and Tenant does hereby hire and take from Landlord, upon the terms and conditions set forth herein (the Lease), that certain parcel of real property situated in Hennepin County, Minnesota, legally described on Exhibit A attached hereto and incorporated herein by reference (the Land), together with all appurtenances thereto, all of which Land and appurtenances are hereinafter referred to as the Premises. The term "the Premises" shall also be deemed to include the Center (as defined in Article 2, below). Landlord and Tenant contemplate the assignment of the use of the Premises pursuant to the terms of the Sublease. . ARTICLE 2. TERM The term of the Lease shall commence on the first day of the month following the month in which the certificate of occupancy shall be issued (Commencement Date) for the senior/ community center.(Center) to be built on the Premises pursuant to the Cooperative Agreement and shall terminate twenty-five (25) years thereafter (Term). The Term may be extended by the Tenant for up to four successive periods of five years each commencing upon the expiration of the Term. Any City may terminate its participation in this Agreement at any time for any reason upon thirty (30) days written notice to Landlord. ARTICLE 3. RENT Tenant shall pay One and 00/100 Dollar ($1.00) yearly rent for the period of the Term and extensions of twenty-five (25) years commencing on the Commencement Date and on every anniversary of the Commencement Date thereafter. ARTICLE 4. CONSTRUCTION OF CENTER 4.1) Landlord shall construct the Center in accordance with the Cooperative Agreement. . 4.2) Title to the Center and the benefits of ownership shall be and remain held by Tenant pursuant to the terms of the Cooperative Agreement. ARTICLE 5. TAXES AND ASSESSMENTS Real estate taxes and assessments levied against the Premises due and payable after the Commencement Date shall be paid by the Tenant. ARTICLE 6. UTILITIES . Tenant shall pay the cost of all utilities servicing the Center. ARTICLE 7. REPAIRS, MAINTENANCE, AND AL TERA TIONS 7.1) Tenant shall, during the Term of the Lease, keep the Premises in good order, condition, and repair, subject to reasonable wear and tear. 7.2) Neither Landlord nor Tenant shall suffer or permit any statements of mechanic's liens to be filed against the Premises or any part thereofby reason of work, labor, services, or materials supplied to Tenant. Ifany such statement of mechanic's lien shall at any time be filed against the Premises, Landlord and Tenant shall cause the same to be discharged of record within ninety (90) days after the date of actual notice to Tenant of filing the same unless Landlord and 2. . ,'_~~":;;.';'..___T' '~~,.,.~- :".,,,-~,,"~~'-,~-_ .- Tenant intend to dispute the lien, in which case Landlord and Tenant shall furnish reasonably adequate security to Landlord to protect Landlord against loss of the Premises. 7.3) Tenant shall, during the Term keep the appurtenances of the Premises and every part thereof surrounding the Premises in good order, condition and repair, including, without limitation, the sidewalks, driveways, and walkways leading to the Premises. ARTICLE 8. INSURANCE AND WAIVER OF SUBROGATION . Anything in this Lease to the contrary notwithstanding, Landlord and Tenant hereby waive and release each other of and from any and all right of recovery, claim, action or cause of action, against each other, their agents, officers and employees, for any loss or damage that may occur to the Premises by reason of all risk perils to the extent of insurance coverage, regardless of cause or orig!n, including negligence of Landlord and Tenant and their agents, officers and employees. Landlord and Tenant agree immediately to give their respective insurance companies which have issued policies of insurance covering all risk of direct physical loss, written notice of the terms of the mutual waivers contained in this section, and to have the insurance policies amended to reflect such waivers. ARTICLE 9. QUIET ENJOYMENT Landlord represents and warrants that it is the lawful owner of the Premises or otherwise has good right to lease the Premises to Tenant pursuant to this Lease; that it has the full right and power to make the Lease; that if and so long as Tenant shall not be in default hereunder, Tenant shall quietly hold, occupy and enjoy the Premises during all of the Term. Landlord shall not engage in any activity or allow the engagement of any activity which would interfere with Tenant's, or any assignee's or subtenant's use of the Premises. ARTICLE 10. DAMAGE AND DESTRUCTION If the Premises are either totally or partially destroyed by fire or other casualty, the Lease shall terminate unless otherwise agreed to in writing by Landlord and Tenant. ARTICLE 11. CONDEMNATION If the Premises or any part thereof is taken by any public authority under its power of eminent domain, or by private purchase in lieu thereof. then this Lease shall terminate upon the .. J. date possession of the Premises is surrendered unless otherwise agreed to in writing by Landlord and Tenant. ARTICLE 12. ASSIGNMENT Al'ID SUBLETTING Tenant and its successors and assigns shall have the right to assign its right, title, and interest pursuant to this Lease. ARTICLE 13. DEFAULT The following shall each be deemed to constitute a default by Tenant and a breach of this Lease: (a) Failure to pay when due the rent or any part thereof, provided in Paragraph 3. (b) Failure to perform all other terms, covenants and conditions of this Lease required to be performed by Tenant, within ten (10) days after notice of breach and request for performance is given by Landlord. (c) The abandonment of the Premises by Tenant, the determination adjudication of Tenant as insolventa bank..-upt, the making by Tenant of a general assignment for the benefit of creditors, the taking by Tenant of the benefit of any insolvency act or law, the appointment of a permanent receiver or trustee in bankruptcy for the property of Tenant, or the appointment of a temporary receiver which is not vacated or set aside within sixty (60) days from the date of such appointment. ARTICLE 14. ATTORNEYS' FEES If it is necessary for either party to retain the services of an attorney to enforce any of the terms, covenants, or provisions hereof. the prevailing party shall be entitled to recover costs, including reasonable attorneys' fees. ARTICLE 15. HOLDING OVER In the absence of any written agreement to the contrary, if Tenant should continue to occupy the Premises following the expiration of the Term and its extensions, Tenant shall so remain as a tenant from month to month and all provisions of the Lease applicable to such tenancy shall remain in full force and effect. 4. . . . . .;,TF ARTICLE 16. USE OF PREMISES The Premises shall be used for the purpose of operating a senior/community center and for no other purpose whatsoever. ARTICLE 17. INDEMNITY Tenant shall indemnify and save harmless Landlord against and from any and all claims for loss or damage to any person or entity occurring in the Center ARTICLE 18. NOTICES Any notice or election herein requested or permitted to be given or served by either pany hereto upon the other shall be deemed given or served in accordance with the provisions of the Lease if delivered to either party hereto and receipt is obtained therefore, or if mailed by United States registered or certified mail, postage prepaid, properly addressed to such other party at the address hereinafter specified. Unless and until changed by notice as herein provided, notices and communications shall be addressed as follows: If to Landlord: City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 With a copy to: Timothy 1. Keane, Esq. LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 If to Tenant: City of Deephaven 20225 Cottagewood Road Excelsior, Minnesota 55331 City of Excelsior 339 Third Street Excelsior, Minnesota 55331 5. City of Greenwood 20225 Cottagewood Road Excelsior, Minnesota 55331 City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 City of Tonk a Bay 4901 Manitou Road Tanka Bay, Minnesota 55331 Each such mailed notice or communication shall be deemed to have been given to, or served upon the party to which addressed, on the date the same is deposited in the United States registered or certified mail, postage prepaid, properly addressed in the manner above provided. Each such delivered notice or communication shall be deemed to have been given to, or served upon, the party to whom delivered, upon delivery thereof in the manner above provided. Either . party may change the address to which mailed notice is to be sent to it by giving to the other party hereto not less than thirty (30) days' advance written notice thereof. ARTICLE 19. MISCELLANEOUS 19.3) Headinis - The headings incorporated in the Lease are for convenience in reference only and are not a part of the Lease and do not in any way limit or add to the terms and provisions hereof. 19.4) Bindin2 Effect - All of the covenants, conditions, and agreements herein contained shall extend to, be binding upon, and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. 6. IN WITNESS WHEREOF, the parties have executed this Lease the day and year first above written. LANDLORD: CITY OF SHOREWOOD Dated: By: Its: City (Clerk) Administrator Dated: By: Its: Mayor . TENANT: CITY OF DEEPHA YEN Dated: By: Its: City (Clerk) Administrator Dated: By: Its: Mayor . CITY OF EXCELSIOR Dated: By: Its: City Manager Dated: By: Its: Mayor CITY OF GREENWOOD Dated: By: Its: City (Clerk) Administrator 7. . . Draft: June 27, 1995 SUBLEASE TIllS SUBLEASE, made this _ day of , 1995, between the City of Deephaven, the City of Excelsior, the City of Greenwood. the City of Shore wood, and the City of Tonka Bay (the "Cities"), operating under that certain Cooperative Agreement for the Southshore Senior/ Community Center dated May _, 1995, hereinafter collectively referred to as "Sublandlord," and The Friends of South Lake Minnetonka Senior Community Center, a Minnesota nonprofit corporation with tax-exempt statUS pursuant to ~9 l70(c)(2) and ~ 501(c)(3) of the Internal Revenue Code of 1986, hereinafter referred to as "Subtenant." RECITALS WHEREAS, the Cities desire to provide a Center for use by senior citizens for education, cultural participation, socializing, recreation, arts, crafts, music and similar programs of enrichment; and WHEREAS, the Cities desire that the Sublandlord undertake its best efforts to make the Center widely available to all citizens and residents; and WHEREAS, the Cities desire to provide a congregate dining facility to serve the needs of senior citizens; and WHEREAS, the Cities desire to provide a facility to be used by citizens for municipal use, community organizations, meetings, banquets, receptions, reunions and similar public and private activities; and WHEREAS, the Cities desire to combine their resomces to ensure the development, construction, and completion of the Center. NOW, THEREFORE, the parties do hereby agree and covenant as set forth below: IN CONSIDERATION OF the mutual covenants and promises as hereinafter set forth, the parties agree as follows: 1.) Premises. Sublandlord hereby leases to Subtenant and Subtenant takes from Sublandlord,subject to the terms and conditions of this Lease, a building situated at ,containing approximately square feet of space and legally described on Exhibit A attached hereto ("Premises"), together with the non-exclusive use of forty-seven (47) parking stalls, entrances, restrooms and exits adjacent to the Premises, all of which are located on a parcel of land hereinafter referred to as the "Property." 2.) ilrm. The term of this Lease shall commence on , 1995 ("Commencement Date") and shall terminate on the earlier of (i) the twenty-fifth (25th) Lease. The coverage shall include all risks commonly insured against by prudent institutional investors for properties similar to the Premises in the Minneapolis area For the purpose hereof "Full Insurable Value" shall mean the replacement cost of the improvements without allowance for depreciation, but excluding footing, foundations, and other portions of improvements which are not insurable. Such policy or policies shall insure Sublandlord, Subtenant, and any tenants and subtenants of any portions of the building not occupied by Subtenant. (b) Public liability and property damage insurance with limits of not less than $1,000,000.00 for injury and death to anyone person. and $3,000,000.00 for injury or death in anyone accident or occurrence including property damage, insuring Sublandlord and Subtenant, and with a cross-liability endorsement covering claims by an insured against another insured. All policies required by this paragraph shall be carried in such companies as reasonably approved by Sublandlord and Subtenant. All such policies shall not be subject to cancellation or material modification except after thirty (30) days written notice to Subtenant, Sublandlord and Sublandlord's mortgagee, if any, and each policy shall so provide. All policies required hereunder shall be obtained by S ublandlord. . Subtenant shall not carry any stock of goods or do anything in or about the Premises which will impair or invalidate the obligation of any policy of insurance on or in reference to the Premises or the building. Subtenant agrees to pay upon demand, as additional rent, any increase in premiums for insurance that may be charged during the term of this Lease on the insurance to be carried by Sublandlord on the Premises or the building, resulting solely from any increased risk associated with the business carried on in the premises by Subtenant or materials stored therein or uses made thereof. As and if required due to failure of Subtenant to act, Sublandlord shall purchase all insurance as set forth in this Lease. Subtenant shall immediately reimburse Sublandlord for the cost of said insurance. Subtenant shall make monthly payments in an amount which is sufficient to pay the next annual insurance premium when said premium is due. Sublandlord shall not be required to pay any interest on amounts escrowed pursuant to this provision. . 8.) Repairs. and Maintenance. and Alterations. Subtenant agrees to maintain the Premises in good order, condition and repair during the term of this Lease. Subtenant shall repair or replace at its own expense any improvement or part thereof on the Premises necessary to so maintain it, and to return the Premises at the end of the term of this Lease in the same condition as it was received, reasonable wear and tear, casualty losses and acts of God excepted. Any improvements, expansion or structural modifications made by the Subtenant to the Premises shall become the property of the Sublandlord at the termination of the Lease. ..... 1 .)++. l5.) Termination for Default. In the event of default bv Subtenant Sublandlord shall J , have the right to cancel and terminate this Lease without notice and to institute appropriate proceedings to recover possession of the Premises. This right is in addition to and cumulative of any other right or remedy Sublandlord may be given under this Lease or by applicable law. Sublandlord may recover possession of the Premises without terminating this Lease. Failure or refusal of Sublandlord to terminate this Lease in the event of default shall not be deemed to be a waiver of its right to terminate this Lease at any time for said default or any subsequent default by Subtenant. 16.) Delinquent Rental and Other Char~es. Notwithstanding any other remedy which Sublandlord may pursue, if Subtenant defaults, in whole or in part, in the payment of rent or any other charges, Sublandlord may obtain judgment for any unpaid rentals and other charges which have become payable, or which may thereafter become payable; Subtenant agrees to reimburse Sublandlord for all costs and expenses, including reasonable attorney's fees, incurred by Sublandlord in collecting such rent. . 17.) Breach of Covenants. Notwithstanding the existence of any other remedy which Sublandlord may pursue, if Subtenant defaults in any of its obligations arising out of this Lease, Sublandlord shall have the right to pay said obligation and Subtenant hereby agrees to reimburse Sublandlord for all costs and expenses, including reasonable attorney's fees, incurred by it in protection of its interest hereunder, and Subtenant agrees to pay interest at the rate of ten percent (10%) per annum to Sub landlord on all costs and expenses incurred, commencing with the date of notice to Subtenant of Sublandlord's discharge of any of its obligations. 18.) Mutual Indemnification. Each party agrees to indemnify and save harmless the other against and from any and all claims by and on behalf of any persons, firms or corporations, arising from the conduct or management of: from any work or thing whatsoever done by or on behalf of the other (indemnifying) party in or about, or its activities upon or (in the case of Subtenant) occupancy of: the Premises during the term of this Lease, and will further indemnify and save the other party harmless against and from any and all claims arising from any breach or . default on the part of the indemnifying party in the performance of any covenant or agreement on the part of such indemnifying party to be performed pursuant to the terms of this Lease, or from any violation or failure to comply with any law, ordinance or regulation, or from any act or negligence of such party, or any of its agents, contractors, servants, employees, licensees, or invitees or arising from any accident, injury or damage whatsoever caused to any person, firm or corporation, occurring during the term of this Lease, in or about the Premises, or upon or under the sidewalks and the land adjacent thereto, and from and against all costs, reasonable and necessary counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against the one party by reason of any such claim, the indemnifying party upon notice from the indemnified party covenants to contest or defend such action or proceeding by counsel reasonably satisfactory to the indemnified party. 19.) Quiet EIlioyment. Sublandlord covenants that Subtenant, upon payment of rent and all other sums due Sublandlord and upon performance by Subtenant of the terms. conditions -. , ~~. 22.) Subordination. Subtenant hereby agrees that this Lease shall be subordinate to the lien of any mortgage hereinafter imposed upon the Premises by Sublandlord. Subtenant also agrees to execute an estoppel certificate in reasonable form and substance if requested by Sublandlord or any mortgagee with respect to this Lease. 23.) Holdin2' Over. Upon termination of this Lease, Subtenant shall vacate the Premises. If Subtenant continues in possession of the Premises after termination, the tenancy of Subtenanr shall be from month to month only, and all other terms and conditions of this Lease shall remain in full force and effect. 24.) Bindin2' Effect. Except to the extent otherwise provided herein, this Lease and the terms, conditions and covenants contained herein shall be binding upon and inure to the benefit of Sublandlord and Subtenant, and their respective successors, heirs and legal representatives and asSIgns. . 25.) Governing- Law. This Lease shall be construed under and governed by the laws of the State of Minnesota. 26.) Severabilitv. In the event any provision of this Lease shall be found invalid or unenforceable, that provision shall be severed from this Lease, and the remaining portions hereof shall continue in full force and effect pursuant ro their terms. 27.) Entire A~eement. This Lease contains the entire agreement between the parties, and any amendment hereafter made shall be ineffective to alter, modify or discharge any provision hereof unless the amendment is in writing and signed by the party against whom enforcement is sought. 28.) Attornevs' Fees. If Sublandlord has to enforce any term or provision of this . Lease, including but not limited to any unlawful detainer proceeding, Sublandlord shall be paid its reasonable attorneys' fees, costs and disbursements by Subtenant and said monies shall be deemed additional rent due under this Lease. 29.) B.mt All monies due from Subtenant under the terms and conditions of this Lease shall be deemed to be additional rent due under this Lease. 30.) Subtenant Improvements. Any improvements made by Subtenant to the Premises, except trade fixnIres, shall become the property of Sublandlord at Sublandlord's option at the termination of the Lease. If Sublandlord does not choose to own said improvements at the termination of the Lease, Subtenant shall remove said improvements at Subtenant's sole cost and expense. -~ T f -:-:- . . . 35.) Excess Funds. Upon completion of construction of the Center, excess funds shall be held in a restricted capital reserve account for the purpose of repairs and capital replacement of the Center. This account shall be controlled by the Friends. however, no expenditure in excess of 55,000 shall be made without the approval of a majority of the Cities. This reserve is not intended for day~to-day maintenance such as snow removal, routine building maintenance and cle::ming. 36.) Limitation on Riiht of Recovery A~ainst Sublandlord. Subtenant acknowledges and agrees that the liability of Sublandlord under this Lease shall be limited to its interest in the Premises and any judgments rendered against Sublandlord shall be satisfied solely out of the proceeds of sale of its interest in the Premises. No personal judgment shall lie against Sublandlord upon extinguishment of its rights in the Premises and any judgment so rendered shall not give rise to any right of execution or levy against Subiandlord's assets. The provisions hereof shall inure to Sublandlord's successors and assigns including any Mortgagee. The foregoing provisions are not intended to relieve Sublandlord from the performance of any of Sublandlord's obligations under this Lease, but only to limit the personal liability of Sublandlord in case of recovery of a judgment against Sublandlord; nor shall the foregoing be deemed to limit Subtenant's rights to obtain injunctive relief or specific performance or to avail itself of any other right or remedy which may be awarded Subtenant by law or under this Lease. 37.) Permits. Subtenant shall diligently seek and, upon issuance. maintain in force and effect all permits, licenses, and similar authorizations to use the Premises for the purposes set forth herein required by any govemnmental authority having jurisdiction over the use thereof. Sublandlord shall, at Subtenant's request. join with Subtenant in executing, acknowledging, and delivering any and all petitions, consents, applications, approvals, reviews, easements, or similar documents that may be required for the installation of any improvements, utilities, public improvements, roads, water lines, sewer lines, storm drainage facilities, subdivision. rezoning, special use, platting, or other similar development, construction and operation of the Premises. IN WITNESS WHEREOF, Sublandlord and Subtenant have respectively signed this Lease as of the date first above written. LANDLORD: CITY OF DEEPHA YEN Dated: By: Its: City (Clerk) Administrator Dated: By: Its: Mayor TENA1'JT: 9+-;. . . . ~.. ,.!UN 3 0 1995 LAKE MINNETONKA CONSERVATION DISTRICT June 29, 1995 TO: LMCD cities FROM: Treasurer Bob Rascop SUBJECT: 1996 Adopted LMCD Budget Enclosed is a copy of the 1996 budget adopted by the LMCD Board of Directors on June 28. No changes were made to the budget presented to the cities at the June 8 meeting. The City of Orono has expressed an objection to the budget and has requested a public hearing be scheduled to address their concerns. The Board has scheduled this public hearing on Wednesday, July 26. If changes were made to the adopted budget, they would be communicated to all LMCD cities after the public hearing. City officials will recall from the June 2 memorandum accompanying the draft budget that both the Administrative Fund Operating Reserve and Milfoil Fund Operating Reserve are being budgeted for current expenses for 1996 from each fund. Implementation of the 1996 Budget estimates the reduction of the Administrative Reserve to approximately six months of operating expenses of $125,000 and the Milfoil Reserve of approximately 12 months of operating expenses of $100,000. The LMCD also administers the Save the Lake Fund which contains donations from private parties and earned interest. The Save the Lake Fund is used to fund special projects of benefit to the lake which the Board does not believe are appropriate for funding from public funds. The concluding comment of the June 2 memorandum merits attention. To maintain present operations in 1997 and thereafter, this will require greater financial assistance from the cities or securing of alternative revenue sources since the Board estimates reduction of the reserve funds to agreed upon levels. A 1993 law amends Minnesota Statutes 103B.635, subd. 2 and limits "the total funding from all municipalities in the district" to ".00242% of the total taxable market value within the district, unless three-fourths of the municipalities in the district pass a resolution concurring to the additional costs." The LMCD Board thanks city officials for their interest and concern for the projected 1996 budget. Please call the office if you have additional questions. t:t /3 ". LAKE MINNETONKA CONSERVATION DISTRICT 1996 Draft 8udget 1994 8udget 1994 Actual 1995 Budget 1995 1996 YTD (3/31) Budget ReVENUE'........,..................,.,' 1 LMCD Communities Admn Levy 2' Reserve.. Fund Contribution 3 Court Fines 4 Licenses 5 Interest. Public Funds 6 Shore land Grants. DNR 7 Other Income $otir~ital,Admmi$i(iti<lrl?? (a) Income Prepaid at 80 % in 1992 $ 25.1 17 65.383 45.000 112.000 6.000 6.000 o ?'~9;500 $ 35.655 o 38,519 118.166 14.108 1.891 1.637 n'~09~~1$: $ 80.322 39.625 41,000 86.000 6.000 o o j'~52.;941 $57.141 o 3.471 82.139 4.409 o 265 :'141~42:5' $111.800 o 40.000 86.000 8,000 o o ;.~~ijQQ:-::;::; ..................., ................... ......,.........--.. .-................. .. ..... ........ 8 EW Milfoil Program a City Levy b Other Public Agencies c Private Solicitation d Reserve Fund Allocation e Interest $63,000 49.500 o 5.000 .6.000 ""iIIi'l""~ '5'00" .~{;~t~~:: :~:Q~'. _ . _':.f $64.323 o 1.190 o "".15,.150 :';:$().66~r $63.000 40.000 o 18.500 8.000 :.1i29;$OO...... $34.173 1.000 o o ~.6Ei,1, ~~S33 $29.500 24.500 1.000 50.000 .fij~$~ . .. . $ijij1"~trM..ewMJl:ftl~ ...--.........., ... .................-..... ......-....,.......... .... ................... .....--................ ...... ................ '.....,.................. .....--.......-...... ... .'-................ . .... . - ............ ;''to'tACREVENUE .-..'......--......--- ........._-.... .:-.-.-.:.:::-:::;:;:::;::::::::::::::::::::::::::::::::::::::::::::::: .. ... .. ... . . . .. .... '3ij3;OQod.#~O.63S:::;:~ik441::.:'186~2$8.:;;:ia6t)i80(f;\: :';'..--;';':.:-'-:.:.;.;.:::::::.:::.:.::::::::::::;-::::.:::::::.:::::.:.:::.: .. . . . - . . . . . . .. .... .......-......... ....... ............................... P.S8tJ8SEM~NT$..: ADMINISTRATION Personnel Services: 1 Salaries ..~Ernpl()yerBenefit Contributions <3;'t<>tiFPijrsoijijijfSefViaes} ................. $106.150 $101.450 $113.000 %%.1k~,7~:;'jj~.~i?,,:',13i~~ $21.674 $106,000 3.499 18.000 :j:;~~~~:j:~~*2_$~~17a1~ :~~~~~f!IJ!2j~:rBJQ}:~j(:j~~: ................... . ...................... . . ... '. . . . .. ..... . . . .'.-.................... ........ .............. ...........,......... .......-........... . ..... -.. -. .. . -. Contractual Services: 4 Office Lease &: Storage .5. f'rofe~si~l1al.~ervi.ces $.tt()r~:(;orit6~~t4~'.S~lc~ $11.600 $11,330 $11,647 $2.996 $12.200 :';::;:{:::;:::::;::;:::;:::;;:;::.';:;;.:;:.'~;'~:%:'::'.1:i;kijg%j"~;'~~%{;;:;;:;jj;4i~};:;;}:;:.~i~~:.} ..... . Office &: Administrative: 7 Office. General Supplies 8 Telephone 9 Postage 10 Printing. Pub!.. Adv. 1 1 Maintenance. Office Equipment 12 Subscriptions. Memberships 13 Insurance. Bonds 14 Public Information. legal Notices ~~~il~<lge,~pel'lse~.!rainin.Q... .... ...... .... 16TOtaJOffl~.&AdminjSti'ati()i'f> $4.300 2.000 4.000 3.000 2.000 250 5.000 2.000 .................3.000.. :..23~5!)O? $3.287 1.932 3.676 1.660 2.099 295 6.334 1,703 1.186 120,469 $4.500 2.000 4.500 2.000 2.000 200 4.200 1.000 2.500 ;'izi}soo $316 545 230 o 784 170 o 847 306 .."$3'1.198 $4.500 2,000 ,4.800 2.000 2.000 300 7.500 2,000 ..;..J$~~ .......... ........ ................... .. ... ..... -.. '" Page 2 LAKE MINNETONKA CONSERV A nON DISTRICT 1996 Draft Budget Capital Outlay: 17 Furniture. Equipment 18Computersoftware & hardware updates 19TotalCapitalOuttay '.. .>HU.U...,......... Legal 20 Legal Services 21 Prosecution Services 22 Henn. Cty Room & Board 23 Process Service 24 Total Legal. ". .-......'.-...;.-.:;.:.:.:.:.:.:-:.-..;;.....:-:.:-:-:.;.:.:<<-:<.:.:. Contract Services/ Studies 25 Shoreland Rules. DNR Consultant . Shoreland Rules. DNR City Grants Lake Use Density Study 28 Mgmt Plan Env. Impl./ User Attitude Survey 29 School District Boater Ed PrograrTl 30 Total Contract Services Studies 'u ...u 31....'tQTAt.ADMINISTRATtON Eurasian Water Milfoil (EWM) Weed Harvesting Program 32 Trucking Contract 33 Salaries & Employer Taxes/Insurance 34 Administrative 35 Operation Supplies 36 Contract Services 37 Contingency & Zebra Mussel. Ed. Prog. 38TQTALEWMQPERAT10NS/ ......... 'HU uuuu....:..:.:.:u 11II fQ'rAL}EXPENSE...........>..L.....:.:?i ..........,...........:.::.:.:;.. ~ve the Lake Program Income: a. Private Donations b. Other Income c. Interest SubTotal. Save the Lake Save the Lake Program Expense: a. Admin Exp b. Program Exp INFORMATIONAL: EWM Equipment Reserve Allocation 1994 Budget $3.000 1994 Actual $165 1995 Budget 1995 1996 YTD (3/31) Budget $2.000 ............- .' ....... ..u.. ;,.3~OOO.)$165 ';'4000,:,,$0 $0 $20.000 $30.000 o 200 ....................$u.5. '0' 200' ......... .. '.' :/~:;:;:);:;;;:;:;""'_'" r - _ _::: $2.000 4.000 7,000 15.000 10.000 ......._,... "..u..n. ;:;;>::;/)\JO,OOQ $11.097 24.664 5.700 o ':'41;461 o o $6.207 1.332 o . -,.... ... ..., ... >.;')7;404. $22.000 30.000 3.000 o ........... '".- - -.',. ............5. '5 '000' '. ......... ....... .' -.... ....... . -, '-'-'-',' .......- ... ;.:;:::;:::::::.__. ,..'.f:-,', ", ::::::;:::: o 2.641 o $13,000 $10.000 ...;$25~641 $6,033 5.539 126 o 'J1'lu698' . .. .. .:..u..:..1.......";' $0 o o o o \$0 $1.000 2.500 . ....... :.:~~500.:> $22.000 27.000 6.000 o .........'.......,.,...... )?I&&~OOQW? ... o o 7.000 7.500 o .)\.:';;;':?jj,ii'OO 'i$.2;5g; 5OO:'2()7~4Sf3j2$5;588$q~5~Q: ?r;;;'~45;$()Q6'i $28.160 43;360 5.900 29.000 8.500 ?t;:;j12~.~: $22.251 $26.000 35.555 35.240 2.938 4,060 19.993 18.800 16.031 15.900 ,;;j~~~J1q=:ggg\ $0 o 81 126 o o .....20....... ... .".... { ........,>;:; .. -. ..-_........ $26,000 35.000 4.000 20.000 15.000 .:}.,j:i6~:- .. .. . ...... .t{:;:~~frfl383]OO6j .::iitji306~732:::::;::J36Q~j588 .:~!::~:::i48tti7~i;jrt~;m~ji360~800~:::~:[~::::;:j: $22.500 $30.360 $27.000 $4.055 $27.000 0 5,877 2.000 878 2.000 4.000 3.806 4.500 2.952 4.500 $26.500 $40.043 $33.500 7.885 $33.500 $26.500 $40.043 $33.500 3.174 $33.500 2.500 31.000 $35,000 $35.000 $35.000 $0 $35.000 LAKE MINNETONKA CONSERVAnON DISTRICT 1996 Draft Budget DISTRIBUTION OF EXPENSE Share of Share of Share of Total % of Total EWM Prog. Admin. Budget Market Valu Market Value $29,500.00 $111,800.00 $141,300.00 Deephaven 322,174,700 7.95 2,345.25 8,888.10 1 1,233.35 Excelsior 101,495,300 2.50 737.50 2,795.00 3,532.50 Greenwood 68,274,200 1.69 498.55 1,889.42 2,387.97 Minnetonka 3,079,151,600 20.00 5,900.00 22,360.00 28,260.00 Mtka. Beach 75,731,700 1.87 551.65 2,090.66 2,642.31 Minnetrista 296,765,400 7.33 2,162.35 8,194.94 10,357.29 Mound 358,844,500 8.86 2,613.70 9,905.48 12,519.18 Orono 704,073,200 17.38 5,127.10 19,430.84 24,557.~94 Shorewood 464,810,500 11.47 3,3S3.65 12,823.46 16,207.11 . Spring Park 56,047,900 1.38 407.10 1,542.84 1,949.94 T onka Bay 136,888,300 3.38 997.10 3,178.84 4,775.94 Victoria 196,039,800 4.84 1,427.80 5,411.12 6,838.92 Wayzata 370,369,100 9.14 2,696.30 10,218.52 12,914.82 Woodland 89,461 ,400 2.21 651.95 2,470.78 3,122.73 $6,320,127,600 100.00 $29,500.00 $111,800.00 $141,300.00 less Minnetonka: 3,079,151,600 3,240,976,000 Total of market value less Minnetonka because Minnetonka is a constant 20% Calculating per centage: City market value divided by 3,240,976,000 times .80 equals per cent Use only 80% because Minnetonka is always 20%. i.e. amount of city market value divided by 3,240,976,000 X .80= % of total . . . it I) .": I r: - J '1 j MEMORANDUM TO: LMCD CmES FROM: BILL JOHNSTONE, CHAlR LMCD JUNE 2, 1995 PROPOSED 1995 BUDGET DATE: RE: Under its enabling act, the LMCD is required to adopt a budget before July 1 of each year for the next calendar year and submit the budget, as adopted, to the member cities for comment. If any member city objects to the budget, the LMCD is required to hold a hearing, consider the objection and determine whether changes should be made in the budget as a result thereof. In recent years the LMCD Board.has determined that it is appropriate to solicit city input concerning the budget prior to its adoption pursuant to the enabling act. This is not intended to and does not prevent cities from exercising their right to object to the actual budget and request a hearing thereon pursuant to the enabling act. It does afford the cities more time to consider the budget and raise and discuss questions with respect thereto with their representatives and the LMCD staff. Consistent with this practice, enclosed is a preliminary draft of the budget for the LMCD for the year commencing January I, 1996. The LMCD Board received the draft budget from the staff at its May 24th meeting, reviewed it and authorized it to be distributed to the cities prior to its consideration at the Board meeting of June 28th. Please take the time to review it and direct your questions and comments with respect thereto to your representative, myself or Greg Nybeck, the LMCD Acting Executive Director. We would appreciate hearing your comments by June 21, 1995. Several comments are relevant: - The enclosed budget is a draft. It has not been finally considered or.acted upon by the Board. It will not be acted upon until June 28th, at which time changes and adjustments may be made. - For purposes of presentation, the budget is divided into two principal categories: Administrative and MiHoil. - Administrative covers projected reVenUp.5 and expenditures with respect to the normal operations of the LtvlCD, exclusive of the milfoil control program. Milfoil covers the projected revenues and expenditures with respect to the milfoil and exotics control program. - In February of 1994 the LMCD Board determined to reduce the balance of the Administrative Fund Operating Reserve (the" Administrative Reserve") to approximately six months of budgeted administrative expenses and the balance of the Ivtilfoil Fund Operating Reserve (the "Milioi! Reserve") to approximately 12 months of budgeted operating expenses. The enclosed 1996 budget anticipates use of $50,000 of the Reserves to pay milfoil operating costs in 1996. After this application, it is estimated that our Administrative Reserve will be at approximately $125,000, which is approximately equal to six months of administrative operating expenses, and our Milfoil Reserve will be approximately $100,000, which is approximately equal to one year's milfoil operating expenses. - In order to provide a fund to replace and provide for major maintenance of our milfoil equipment, we have set aside past contributions and other funds for this purpose and have budgeted $35,000 in each of the past two years to this fund. To the extent of the availability of funds, we intend to make a comparable deposit in 1996. - The LMCD also administers the Save the Lake Fund which contains . donations by private parties and interest income thereon. The Save the Lake Fund is used to fund special projects of benefit to the lake which the Board does not believe are appropriate for funding from public funds. The projects are funded from annual contributions and interest earnings. - Overall, the enclosed 1996 Budget calls for $360,800 of expenditures ($245,800 for administrative and $115,000 for miJfoil). (For the first time we have reserved approximately $10,000 of contingency funds for zebra mussel issues.) The 1996 budget compares with $360,588 of budgeted expenditures in 1995 ($255,588 for administrative and $105,000 for milfoil). - The requested funds from the cities total $141,300, consisting of $111,800 for administrative purposes and $29,500 for milfoil purposes. Under state law, the maximum amount that the cities can provide is approximately $160,000, unless at . least 10 cities vote to approve a greater amount. The calculation of the respective city levies is attached to the draft budget. In 1995, the total city contribution is budgeted to be $143,322. - The enclosed proposed budget should enable the LMCD to complete its work through 1996 without increasing our request for city or other funds. However, it will result in the reduction of our reserves to what the Board regards as a minimum prudent level. Maintenance of the LMCD's present operations in the years 1997 and thereafter will require either greater financial assistance from the cities or securing of alternative revenue sources. We continue to believe that all of the users and beneficiaries of the lake should pay their fair share of the costs of managing it through equitable taxes or user fees. At present, they do not. To achieve this objective, we will need the assistance of other state and regional agencies md authorization from the legislature. We intend to continue to work on this issue in the coming year and request your support in our efforts. 2 . . 137/21/95 12:135 THE CITY OF ORONO 612-473-7357 13132 CITY of ORONO 5a1et AddJ'n$: 2750 Kelley Parkway Orono, MN 55356 July 21, 1995 Mayor Robert Bean City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Mayor Bean: MunIclpal Ofllca MaIllnl Addren; P.O. Box 66 Crystal Bay, MN 55323-0066 TIle 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 n::scrves 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 Milfoil reserves. The Orono City Council believes the LMCD should use additional reserves to fund the 1996 budget. The Council also questions whether the amount of funding proposed for the administrative budget is necessary 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 7:00p.m., at the Tonka Bay City Hall. Sincerely, ~~~. Ronald J. Moone City Administrator TeIepboIIe (612) 1f7).13S'7 . FAX 47300510 7/27/95 , 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 wrrecognized loss of$39,274. If I can answer any questions please feel free to call me at 379-2321 or 471-9256. Gabriel Jabbour . Sincerely, LAKE MlNNETONKA CONSERVATION DISTRiCT COMPARA 1TVE COMBINING STATEMENT OF REVENUES. EXPENDITURES AND FUND BALANCE-ALL SPECIAL REVENUE FUNDS .. .......... .... ...... DECEMBER 31, 1994 ..;" . ...... ......... "." '." .~........- ".:: :..... ....,;..w...."':.'" .:...,:-".....-: - :'-t"';~.~~'~~":~::::':!"~~;::~:t"r:.~~;'::;':;~A~:::;'~:';~";.;$!~.~:~~,(.;.r~;;:,~...-,.::'~-:-:':!:'. ':~:"'":J'e..~:-:~~1':.f"':::>t.::~l';:I"~:':~::;';(.~",,~<:,:~;, :~,~-::.:':'-:'~"""?':: :.:.':'~"':'.' . -12- -3- LAKE MINNETONKA CONSERVA110N DlSTRICF COMPARATIVE COMBINING STATEMENT OF REVENUES, EXPENDITURES AND FUND BALANCE-All FUND TYPES DECEMBER 31, 1994 ... .-................ ',',-,." . . . ; ,; ,.-. ;..... ..' ..: .~.,...;...,...... :.~::: ~~. ~.::~;" :,:",::',,';',;,.':';'>;':'!~~~~_<o;M.:...*....... .o:.:t:.J'+:':"':_"'~~~~4':~~~-: ~~":"'.~:;:' ....-~.-:.;> :::-,:='.-:~.':'.;.~:: ':::- ~'~ -", : ..;....... :-. ...~;:< ~.::::t.~.'..... ".":": ... Special General Revenue ~ REVENUES Fund FundS 1994 1993 Municipal Dues S 35,655 S 64,323 S 99,978 $ 111,140 Donations 0 33,926 ~ 22,778 Interest on Investments 9,576 23,491 C 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 4,490 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('PElVVrrURES Administrative 117.014 40,511 157,525 159,003 Public Safety 0 4,548 4.548 6,988 Public Service 0 , 2,180 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 I Mangement Plan 7,539 16,031 23,570 21,664 . Legal 41 ,461 0 41,461 66.536 Contingency O. 1,478 1,478 4.749 " Unrealized Investment Loss " ,375 27.899 @~?3) 0 Truck Service 0 22,251 22,251 ~,32~_ Total Expenditures 218.462 150,462 368.944 344,138 Transfer In(Out) 0 0 0 0 Increase (Decrease) 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 . . 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. Milfoil 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 darn, etc. is $30,000. -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. . 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. LicensinglPermits/ Administrative Functions ll. 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% of license/permit income in December, prior to start ofFY -25% of city levies also paid by beginning ofFY -By the end of March, 95% oflicense/permit 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 . 173 IPj .1 : f ~ ! qf f : tJ ilQ I If ij" I 'J" i lig I un . it . . ..; ..u . : 1 , '.f ; ;.f ~ r t , ! : f! , I ;.1. " : If . t:. : ' . ~ . :i ; rt; . .;;~ . I j ~ . . ~ ;. WATER SAFETY. W A TERCRAFr. Al'll) WATERCRAFT TllUNG 868.511 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 h~ndlmg of wate:rcraft regIStrat~ons and license fees by deputy registrars. Deputy regIStrars shall stnctIy comply WIth these ;1ccounting and procedural requirements. History: 1990 c 39/ art 9 s 24; /99/ c /99 art 1 s 12; 1991 c 254 art 2 s /9; 1992 f.: 594 s 10; 1993 c 235 s 3 86BA21 UCENSING BY POLmCAL SUBDMSIONS. A political subdivision may not require watercraft to be licensed. History: 1990 c 391 art 9 s 25 W A TERCRAFr EQUIPMENT 86B.501 PERSONAL FLOTA nON AND 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: (I) 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.SOS WATERCRAFT CAPACITY PLATES. Subdivision I. 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 alli;oced 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 information. The information appearing on a capacity plate is deemed to certify that the manufactUrer has correctly and faithfully ~peci6ed the maximum safe carrying and horsepower capacity and that t~e 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 39/ art 9 s 27 86B.SIl liGHTS. 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 11 ~~f2;::" - '-',~,;"';'~:..-."':." . ~.." .,.- .~.;. :. .. _.." -'. HENNEPIN COUNTY RESIDENTIAL LAKESHORE PROPERTY VALUES & COUNTS . .:.:.:.~.. :-.; j,.- ..~.. w. ~ .~~4 :-r:. _ - -400 '. h:;J .~~ .CITY TOTAL COUNT "AVERAGE BLOOMINGTON $10,927,400 79 $138,322 BROOKLYN CENTER $14,119,400 110 $128,358 BROOKLYN PARK $19,658,000 122 $161,131 CHAMPLIN $36,479,100 215 $169,670 CRYSTAL $7,814,900 58 $134,740 DAYTON $8,239,700 56 $147,138 OEEPHA VEN'" $102,454,400 173 $592,222 EDEN PRAIRIE $49,926,100 171 $291,965 EDINA $56,739,000 162 $350,241 EXCELSIOR'" $11,787,700 53 $222,409 GOLDEN VALLEY $13,059,000 44 $296,795 GREENFIELD $5,600,300 GREENWOOO'" $39,657,700 142 $279,280 INDEPENDENCE $23,615,600 140 $168,683 LONG LAKE $2,732,200 16 $170,763 MAPLE GROVE $112,231,600 571 $196,553 MEDICINE LAKE $23,064,500 113 $204,111 MEDINA $4,995,100 38 $131,450 MINNETONKA* $43,984,700 172 $255,725 MTKA BEACH'" $49,874,500 118 $422,665 MINNETRISTA'" $128,138,400 471 5272,056 MOUNO. 5128.460,700 881 $145,812 ORONO" 5307,022,900 953 $322,165 PL YMOUTH $100,548,600 445 $225,952 ROBBINSDALE $8,827,200 67 $131,749 ROCKFORD 39 SHOREWOOO'" 597,536,000 298 $327,302 SPRING PARK'" $15,174,500 109 $139,216 TaNKA BAY'" $94,019,600 327 $287,522 WAnATA'" $87,225,400 95 $918,162 WOOOLAND'" $53,579,900 66 $811,817 TOT AL COUNTY $1,657,494,100 6,304 $262,927 "'LAKE MINNETONKA $1,158,916,400 3,858 $300,393 Ja ,.,.~-- ~~.;.:~ ~~~ ~~f~:~'~ ,-L r . .' '. . EXCEPTIONS: 1. Minneapolis City Lakes not included in Hennepin County Records 2. Some cities (Minnetonk~ Mound. Minnctrista. Shorewood) have lakcshorc beyond Lake Minnetonka. 3. City of Vil;toria (Carver County) is not included in Lake Minnctonka data. :....:..-: . ','- .,.-. -. .,- :'.:.;....-.......::- .-'.- -.,' . ..:..,......... ...:.r;~' ...~,,>-~...~-.. .'"'~J..-"'J;.....~.- . . To: Mayor and City Council James C. Hurm. City Administrator July 26. 1995 ~!j . (, I' , I I' /v V From: Date: Re: Possible Upcoming Work Sessions There are a number of issues for which we should schedule City Council work sessions. At this point our intent would be to add a work session after each regular Council meeting. If the time does not allow us to do justice to the topic during that session. a continuation of the work session could be scheduled for the following Monday. The following is a suggested schedule: August 14 ...................... Visioning/Goals for 1996 August 28 September 11 ..................1996 Operating Budget (9115 is the deadline for setting the maximum local levy therefore we would need to reconvene the Council meeting after the work session to take action) September 25 October 9 . . . . . . . . . . . . . . . . .. . . . . .1996-2000 Capital Improvement Program This would include discussions on street reconstruction policies and ordinance and an introduction to discussion on organized garbage collection. October 9...................... .Tax Increment Financing for Senior HousinglDevelopment District October 23... ................. . .Livable Communities Act (11/15 deadline for opting into the program) November 13 ..................Consideration of Organized Refuse Collection November 27 ................. .Municipal Cooperative Efforts (All issues including Police and Fire) Please contact me with your thoughts on this schedule. Let me know if we have missed any topics that should be discussed in work session format. In addition. if you think any of the work sessions deserve to have a completely separate night. please let me know. #/1 . 'I- . CKNO 16539 16540 16541 16542 16543 16544 16545 16546 16547 16548 16549 16550 16551 16552 16553 16554 16555 16556 16557 16558 16559 16560 16561 16562 16563 16564 16565 16566 16567 16568 16569 16570 16571 16572 16573 16574 16575 16576 16577 16578 16579 CHECK APPROVAL LISTING FOR AUGUST 14, 1995 COUNCIL MEETING CHECKS ISSUED SINCE JULY 20, 1995 TO WHOM ISSUED PURFOSE BRADLEY NIELSEN MILEAGE FIRST STATE BANK FED/FICA TAX PERA. PERA. ICMA RETIREMENT TRUST 457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS CHILD SUPPORT ENFORCEMENT CHILD SUPPORT - C. DAVIS ANOKA CTY SUPPORT/COLLECT CHILD SUPPORT - C. SCHMID MN DEPT. OF REVENUE STATE TAX WITHHELD KATHLEEN HEBERT SEC 125 REIMB./MILEAGE HENNEPIN COUNTY TREASURER JUNE PRISONER EXPENSE JAMES HURM MILEAGE/ROTARY MN STATE TREASURER BLOG PERMIT SURCHARGE JOSEPH PAZANDAK MILEAGE/FILM DEVELOPING US WEST COMMUNICATIONS KEN ROELOFS CONSTRUCTION ESCROW REFUND ROCKY WAlDIN ESCROW REFUND AIR REFRIGERATION CLEANING BELLBOY CORP L/QUORIMISCJSUPPlIES GRIGGS, COOPER & COMPANY LlQUOR/WINE/MISC. JOHNSON BROS. LIQUOR CO LlQUORIWINE LAKE REGION VENDING MISC. PHILLIPS WINE & SPIRITS L1QUORIWINE ANDREW HALLIN TAPING OF PUBLIC HEARING PERA. AUGUST PERA LIFE INS MEDICA AUGUST HEALTH INS MEDCENTERS HEALTH PLAN AUGUST HEALTH INS GROUP HEALTH, INC. AUGUST HEALTH INS LEAGUE OF MN CITIES AUGUST DENTAL INS MINNESOTA MUTUAL LIFE AUGUST DISABILITY COMMERCIAL LIFE INS CO AUGUST LIFE INS AFSCME COUNCIL 14 AUGUST DELTA DENTAL A T& T LONG DISTANCE MADISON/MARQUETIE AUGUST RENT - LlQ 1 AT&T WIRELESS SERVICES AIR TIME NORTHERN STATES POWER STREET LIGHTS NORTHERN STATES POWER UTILITIES PEPSI COLA COMPANY MISC. CITY OF TONKA BAY AUGUST RENT - TONKA BAY LlQ US POSTMASTER POSTAGE FOR MACHINE US WEST COMMUNICATIONS TOTAL REGISTER SYSTEMS SUPPLIES Page 1 AMOUNT $451.50 7,129.68 2,120.46 864.98 477.00 98.50 139.44 1,215.16 217.51 102.00 106.90 2,103.46 99.68 859.94 150.00 150.00 358.00 2,384.65 5,503.03 1,165.99 357.42 949.27 50.00 54.00 4,153.88 1,438.83 1,102.46 466.40 85.50 50.15 224.00 5.30 5,104.00 90.21 2,284.99 3,416.10 86.40 1,000.00 750.00 242.89 32.32 CKNO 16580 16581 16582 16583 16584 16585 16586 16587 16588 16589 . 16590 16591 16592 16593 16594 16595 16596 16597 16598 16599 16600 16601 16602 16603 . 16604 16605 16606 16607 16608 16609 16610 16611 ' 16612 16613 16614 16615 16616 16617 16618 16619 16620 CHECK APPROVAL LISTING FOR AUGUST 14, 1995 COUNCIL MEETING CHECKS ISSUED SINCE JULY 20, 1995 TO WHOM ISSUED PURFOSE BELLBOY CORP lIQUORIMISC. EAST SIDE BEVERAGE CO BEERlMISC. GRIGGS, COOPER & COMPANY LlQUOR/WINE/MISC. JOHNSON BROS. LIQUOR CO LlQUOR/WINE LAKE REGION VENDING MISC. PHILLIPS WINE & SPIRITS LlQUOR/WINE QUALITY WINE & SPIRITS L1QUOR/WINE RYAN PROPERTIES AUGUST RENT - LIQUOR II WASTE MANAGEMENT-SAVAGE AUGUST SERVICE THE WINE COMPANY WINE WINE MERCHANTS WINE BRADLEY NIELSEN SEC 125 REIMB WHITLEY MOTT ESCROW REFUND FIRST STATE BANK FED/FICA TAX PERA. PERA. ICMA RETIREMENT TRUST 457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS CHILD SUPPORT ENFORCEMENT CHILD SUPPORT-C. DAVIS ANOKA CTY SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID AFSCME COUNCIL 14 UNION DUES MN DEPT. OF REVENUE STATE TAX WITHHELD KATHLEEN HEBERT SEC 125 REIMB METRO COUNCIL WASTEWATER JULY SAC CHARGES BRADLEY NIELSEN SEC 125 REIMB NORTHERN STATES POWER UTILITIES JOSEPH PAZANDAK MILEAGE/SEC 125 REIMB PETIY CASH PETIY CASH REIMB SUPERAMERICA FUEL US WEST COMMUNICATIONS MARY BENSMAN APPR FLOWERS FOR S. TRETTLE BELLBOY CORP L1QUORIMISCJSUPPLlES BOYD HOUSER CANDY rrOBACC MISC. MIDWEST COCA-COLA MISC. DAY DISTRIBUTING BEERlMISC. GRIGGS, COOPER & CO L1QUOR/WINE/MISC. HUEBSCH MAT CLEANING JOHNSON BROS. LIQUOR L1QUOR/WINE LAKE REGION VENDING MISC. LEHMANN FARMS MISC. L1NDERHOLM TRUCKING FRBGHT MARK VII BEERlMISC. Page 2 AMOUNT 3,009.40 3,258.00 4,205.61 996.58 340.40 1,988.07 1,763.91 2,493.75 219.00 ' 26.68 101.67 1 00.00 2,500.00 6,788.59 2,116.16 864.98 477.00 98.50 139.44 138.95 1,169.24 192.31 5,049.00 100.00 3,125.23 573.98 15.44 366.45 160.06 43.28 2,973.20 553.78 529.52 5,623.90 3,136.58 13.42 1,560.82 255.30 199.71 176.00 5,375.04 . . CKNO 16621 16622 16623 16624 16625 CHECK APPROVAL LISTING FOR AUGUST 14, 1995 COUNCIL MEETING CHECKS ISSUED SINCE JULY 20, 1995 TO WHOM ISSUED NORTH STAR ICE PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS THORPE DISTRIBUTING CO VAL-PAK PURFCGE MISC. LlQUORIWINE LlQUORIWINE BEER/MISC. ADVERTISING AMOUNT 347.76 854.84 769.33 15,098.40 480.00 TOTAL CHECKS ISSUED Page 3 CITY OF SHORB'mOD CHECK APPROVAL LIST FOR AUG. 14, ~995 COUNCIL MTG CHECKlf VENDOR NAME DESCRIPTION DEPT. AMOUNT 16626 AT&T WIRELESS SERVICES ~-----_._------_._--------- ------------------------ -------- P(~GER 16627 ALARMEX f~NNUAL FIRE TEST 16628 ASPEN EQUIPMENT COMPANY IGNITION SWITCH 16629 ASPEN PUBLISHERS, INC. COPIES OF BOARD REPORT 16630 JEFF REINHART DBA .JUL Y J(~NITORI(~L 16631 BALDWIN SUPPLY COMPANY CROSS ARM-BB WELL 16632 BIFFS, INC. PORTABLE TOILET RENTAL .63~5 CHAMP I ON AUTO STORE fl:344 SPARK PLUGS 16634 CHANHASSEN LAWN AND SPORT TRIMMER PARTS 16635 COORDINATED BUSINESS SYST COPIER MAINT CONTRACT 16636 CROSSTOWN-OCS, INC. COFFEE 16637 DEM-CON LANDFILL, INC. WRM HOUSE DEMOLITION 16638 EXCELSIOR-CITY OF 2ND QTR WATER PURCHASE 16639 E-Z RECYCLING INC. JULY RECYCLING 16640 FEED-RITE CONTROLS, INC. CONTAINER RENTAL .41 FINA FLEET FUELING 16642 GOPHER STATE ONE-CALL, IN ONE CALL SERVICE ONE CALL SERVICE *** TOTAL FOR GOPHER STATE FUEL ONE-CAL 16643 HACH COMPANY TESTING KIT 16644 JIM BROWN'S CULTURED SOD SOD-FREEMAN PK 16645 HERMAN LANDSCAPE SUPPLIES BLACK DIRT 16646 HOPKINS PARTS COMPANY BATTERY 16647 KAR PRODUCTS SHOP SUPPLIES 16648 KNOX LUMBER CO. SATELLITE SHELTER 16649 LAKE RESTORATION, INC. CHRISTMAS LK INSPECTION 16650 M/A ASSOCIATES INC. SHOP SUPPLIES 16651 MN CITY/CTY MGMT ASSN ANNUAL MEMBERSHIP DUES Page 4 9.58 CITY GAR 35.00 PUB 'NKS 12.06 ADMIN 132..73 MUN BLDG 260.00 'NATER DE 49..47 PARKS & 672.60 PUB INKS 2..1.1. PUS 'NKS 26.57 MUt'.j SLOG 414.00 MUN SLOG ~~9.. 2.=t 274.50 WATER DE 2,4fH .36 RECYCLIN 4,370..00 'NA TER DE .10.00 CITY GAR 407.21 WATER DE 38.50 SEWER DE 38.50 77.00 WATER DE .120.36 PARKS & 479.25 PARKS ,~ 181.32 PUS WKS 48.41. CITY GAR .1.56.04 PARKS & 185.24 COUNCIL 767.00 CITY GAR 39 . 9~::, ADMIH 60..00 CITY OF SHORE WOOD CHECK APPROVAL LIST FOR AUG. 14, 1995 COUNCIL MTG CHECKlf VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ------------------------- ------------------------ -------- ------------ 16652 MIDWEST ASPHALT CORP. ASPHALT 16653 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES STREETS 5,481.30 GEN GOVT 357.60 16654 MINNESOTA PLAYGROUND, INC. V-BALL POST, NET, SLEEVE PARKS & 16655 MINNESOTA ROADWAYS CO SWEEPING .16656 MINNEGASCO UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES *** TOTAL FOR MINNEGASCO . 166.57 MINNETONKA COUNTRY CLUB RESERVE BALLROOM 16658 WM. MUELLER & SONS, INC. SAND-VOLLEYBALL CT 166.59 NAVARRE TRUE VALUE BLDG MAINT .PARK BLDG MAINT *** TOTAL FOR NAVARRE TRUE VALUE 16660 ORR,SCHELEN,MAYERONjASSOC JUNE ENGINEERING JUNE ENGINEERING . JUNE ENGINEERING JUNE ENGINEERING *** TOTAL FOR ORR,SCHELEN,MAYERON/ 16661 PITNEY-BOWES INC. POSTAGE MACHINE RENTAL 16662 POTTS, KENNETH N. JULY PROSECUTIONS 16663 SHORE'NOOD TREE SERVICE. PROPERTY CLEAN UP 16664 STANDARD SPRING COMPANY VEHICLE REPAIR 16665 SO LK MTKA PUB SAFETY DEP COURT OT/BOOKING FEE 16666 SUBURBAN TIRE CO., INC. EXCHANGE/REPLACE TIRES 16667 TIME SAVER OFF SITE SEC MINUTES MHJ.UTES *** TOTAL FOR TIME SAVER OFF SITE 16668 TOLL GAS & WELDING SHOP SUPPLIES 16669 UNITOG RENTAL SERVICES UNIFORMS Page 5 391.13 STREETS 1,600.00 WATER DE WATER DE 32.11 95.28 3.56 9.04 11,.27 6..55 6.73 7.44 INATER DE CITY GAR PARKS & MUN BLDG 0.33". 171.6.5 300..00 759.16 MUN BLDG 1.58.84 PARKS & 516.04 674.88 -------- l,656.00 -------- 2 ~ 900 ..'03 WATER DE 2,338.88 -------- 541.80 7,436.71 MUN BlDG 97.45 PROF SER 1,458.33 SAN I T /'NA 985..00 PUB WKS 460.74 POLICE P 412.68 PUB WKS 89.05 GEN GOVT 243..00 PLANNING 236.50 479..50 CITY GAR 38.57 CITY GAR 474..12 CITY OF SHORE WOOD CHECK APPROVAL LIST FOR AUG. 14. 1995 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ------------------------- ------------------------ -------- ----------- 16670 I,..JATERPRO IMATER METERS WATERFORD DRAINAGE *** TOTAL FOR WATERPRO WATER DE 2.074.98 -------- 109.27 2.184.25 16671 MN SUN PUBLICATIONS *** LEGAL NOTICES LEGAL NOTICES TOTAL FOR MN SUN PUBLICATIONS GEN GOVT 187.17 -------- 247.86 435.03 *** TOTAL CHECKS FOR APPROVAL 35.594.16 . *** . TOTAL CHECK APPROVAL T,IST le3.~605.44 . Page 6 CHECK TYPE COM COM COM COM COM COM COM Cot1 COM Cot1 COM COM COM COM COM _OM OM COM COM COM COM COM COM COM COM COM COM COM COM COM Cot1 .OM OM COM COM MAN COM COM COM COM COM COM COM COM COM COM COM CHECK DATE 7 2.5 9.5 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 "7 2.5 9-5 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 2.5 95 7 25 95 7 25 95 7 2.5 9.5 7 25 95 7 2.=. 9-5 7 25 9S 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 "7 25 95. 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 7 25 95 C H E C K H E GIS T E R E11PLOYEE NA11E NUMBEF~ 70 KIMBERLY A. ALLEN 90 BRENT L. SALTUFF 110 CONNIE D. BASTYR 120 ROBERT 8. SEAN 125 8RUCE E. 8ENSON 230 CHRISTOPHER M. CAREY 375 JODI A. DALLMAN 500 CHARLES S. DAVIS 775 JAMES C. EAKINS 870 KELLY P. FLANAGAN 1001 JOHN M. FRUTH 1050 PRESCOTT M. GERLING 1105. KERI ANNE GRAF 1160 STEPHANIE A. HABER 1190 KATHLEEN A. HEBERT 1400 PATRICIA R. HELGESEN 1415 SHAWN D. HEMPEL 1550 JAMES C. HURM 1601 BRIAN D. JAKEL 1700 JEFFREY A. JENSEN 1800 DENNIS D. JOHNSON 1940 LOREN A. JONES 1950 MARTIN L. JONES 2100 WILLIAM F. JOSEPHSON 2500 SUSAN M. LATTERNER 2550 PETER W. LENZEN 2800 JOSEPH P. LUGOWSKI 2875 DOUGLAS J. MALAM 2900 RUSSELL R. MARRON 2905 PAUL S. MARSO 2930 JENNIFER T. MCCARTY 2955 CHRISTOPHER M. MCNEAL 2980 jILL M. MOORE-KUNZE 3000 THERESA L. NAAB 3100 LAWRENCE A. NICCUM 3400 BRADLEY J. NIELSEN 3500 JOSEP~ E. PAZANDAK 3600 DANIEL J. RANDALL 3675 SUSAN M. RINEHIMER 3701 8RIAN M. ROERICK 3800 ALAN J. ROLEK 3900 CHRISTOPHER E. SCHMID 4500 KRISTI STOVER 4600 BEVERLY J. VON FELDT 4750 RALPH A. WEHLE 4900 DEAN H. YOUNG 5000 DONALD E. ZDRAZIL ****TOTALS**** Page 7 CHECK NUMBER 209617 209618 209619 209620 209621 209622 209623 209624 209625 209626 2()9627 20'96,28 209629 209630 209631 209632 20~~633 209634 209635 209636 209637 209638 209639 209640 209641 209642 209643 209644 209645 209646 209647 209648 209649 209650 209651 209615 209652 209653 209654 20.9655 209656 209657 209658 209659 209660 209661 209662 CHECK AMOUNT 44.32 380.90 294.59 230.87 184.70 398.02 78.36 615.88 654.63 7-2.03 71.10 389..25 78.96 122.04 583.94 g,Sl .. 22 .179.80 1619,; 93 45.80 763..90 797 . ~L8 170..12 S5 .. 6~L l~,32 .. 19 252.34 103.85 819.56 184.70 59.57 62.8.1 182.05 108.05- 28.1.01 687.93 .894.78. 1069.52 .1026.43. 858.62 94 ..20 116.56 1185.81 411.33 .184.70 605.95 625.28 656.84 123l .. 3~3 2l':)28...58 . , .. ... --.- - . -- C H E C K R E G I S T E R CHECK CHECK EMPLOYEE' NAME CHECK CHECK TYPE DATE NUMBER NUMBER AMOUNT COM S 08 95 70 KIMBERLY A. ALLEN 209665 44.32 COM 8 08 95 90 BRENT L. 8ALTUFF 209666 372.33 MAN 8 OS 95 110 CONNIE D. BASTYR 209663 369.68 COM S 08 q<: 230 CHRISTOPHER M. CAREY 209667 318.12 _...J COM 8 OS 95 375 JODI A. DALLMAN 209668 49.86 COM S OS 95 500 CHARLES S. DAVIS 209669 596.03 COM S 08 95 775 JAMES C. EAKINS 209670 654.63 COM 8 OS 95 100l JOHN M. FRUTH 20967l 6S.28 COM 8 08 95 1050 PRESCOTT M. GERLING 209672 277.94 COM S OS 95 ll05 KERI ANNE GRAF 209673 18l.62 COM S OS 95 1160 STEPHANIE A. HABER 209674 105.99 COM S 08 95 ll90 KATHLEEN A. HEBERT 209675 583.94 COM 8 08 95 1400 PATRICIA R. HELGESEN 209676 752.37 COM S OS 95 l4l5 SHAWN D. HEMPEL 209677 134.59 COM S 08 95 1550 JAMES C. HURM 20967S l619.93 . COM S 08 95 1601 BRI(~i'.1 D. JAKEL 209679 130.06 COM 8 OS 95 1700 JEFFREY A. .JENSEN 209680 770.82 COM 8 OS 95 1800 DENNIS D. .JOHNSON 209681 777.33 COM c. 08 95 1940 LOREN A. .JONES 209682 140.9l (...J COM 8 08 95 1950 MARTIN L. JONES 209683 lOO.9S COM 8 08 95 2100 'AiILLIAM F. JOSEPHSON 209684 632.19 COM 8 08 95 2500 SUSAN M. LA TTEI:;;NER 209685 224.50 COM S 08 95 2550 PETER W. LENZEN 2096S6 112.42 COM 8 08 95 2800 JOSEPH P. LUGOWSKI 2096S7 799.71 COM 8 08 95 2900 RUSSELL R. MARRON 209688 59.57 COM 8 08 9.5 2905 PAUL S. MARSO 209689 6l.5l COM S 08 95 2955 CHRISTOPHER M. MCNEAL 209690 108.0.5 COM 8 OS 95 29S0 JILL M. MOORE-KUNZE 20969.1 .134.l3 COM S OS qc 3000 THERESA L. NAAB 209692 687.93 . ..... COM S 08 95 3.100 LAWRENCE A. NICCUM 209693 874.93 COM S OS 95 3400 BRADLEY J. NIELSEN 209694 1069.52 . COM S 08 95 3500 JOSEPH E. P(~ZANDAK 209695 1026.43 COM S 08 95 3600 DANIEL J. RANDALL 209696 838.77 COM 8 08 95 3675 SUSAN M. RINEHIMER 209697 23.55 COM S 08 95 3701 BRIAN M. ROERICK 20969S 102.54 COM S 08 95 3800 ALANJ. . ROLEK 209699 1185.81 COM '8 08 95 3900 CHRISTOPHER E. SCHMID :209700 41l.33 COM S 08 95 4600 BEVERLY J. VON FELDT 20970l 605.95 COM 8 OS 95 4750 RALPH A. WEHLE 209702 605.43 COM S 08 95 4900 DEAN H. YOUNG 209703 656.84 COM S 08 95 5000 DONALD E. ZDRAZIL 209704 1231.35 ****TOTALS**** 19.502.19 Page 8