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061295 CC Reg AgP C:ITY COONC:IL REGULAR MEET:ING C:ITY OF SHOREWOOD MONDAY, JUNE 12, 1995 5755 COUNTRY CLUB ROAD COONC:IL CHAMBERS 7:30 P.M. AGENDA 1 . CONVENE C:ITY COtJNC:IL MEET:ING A. Roll Call Mayor Bean Stover Benson Malam McCarty B. Review Agenda C. Introduction of New Police Officer 2 . APPROVAL OF M:INUTES City Council Regular Minutes May 22, 1995 and Council Work Session Minutes May 24, 1995 (Att.-#2 Minutes) 3 . CONSENT AGENDA - Motion to approve items on Agenda 6i: Adopt Resolutions Therein: Consent A. A Motion to Approve a Joint Powers Agreement with the City of Chanhassen to Provide Sewer and Water Service (Att.#3A Agreement) Applicant: Dr. James and Karen Meyer Location: Lot 1, Blk 1, Cunningham Addn B. A Motion to Approve a Resolution Requiring State Participation in Drainage Project - Season's (Att.-#3B Proposed Resolution) C. A Motion to Adopt a Resolution Authorizing the City to Participate in the 4-M Investment Fund (Att.-#3C Proposed Resolution) 4 . MATTERS FROM THE FLOOR (Presentations are limited to 3 minutes. No Council action will be taken.) 5 . D:ISCUSS:ION W:ITH KAREN BOWEN, HENNEP:IN PARKS, REGARD:ING EQUESTR~ USE OF REG:IONAL TRA:IL (Att.-#5 Supporting Documentation) 6 . PARKS Report by Representative Wilson 7 . PLANN:ING Report by Representati ve A. A Motion to Adopt a Resolution Approving Concept and Development Stage Plans for the Heritage P.U.D. (Att.-#7A Proposed Resolution) Applicant: Abindgon Development Corporation Location: So. of Edgewood Road Approx. 700' East of Howards Point Road ! ., C:ITY COUNC:IL AGENDA - JUNE 12, 1995 Page 2 B. A Motion to Adopt a Resolution Approving the Concept Plan for the Shorewood Properties P.U.D. (Att.-#7B Proposed Resolution) Applicant: Location: Lundgren Bros. Inc. 76.5 Acres North of Smithtown Road West of Minnewashta School C. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Lot Line Rearrangement and Setback Variance (Att.-#7C Planner's Memorandum) Applicant: Wallace King Location: 25620 Birch Bluff Road D. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance (Att.-#7D Planner's Memorandum) Applicant: Rick and Maureen Spencer Location: 4350 Dellwood Lane E. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance/Variance to expand a Non- Conforming Structure (Att.-#7E Planner's Memorandum) Applicant: Manuel Silva Location: 5815 Ridge Road F. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet (Att.-#7F1 Planner's Memorandum; #7F2 Proposed Resolution) Applicant: Greg Karas Location: 5600 Star Lane G. A Motion to Adopt a Resolution Approving a Conditional Use Permit to Allow Fill in Excess of 100 Cubic Yards (Att.- #7G1 Planner's Memorandum; #7G2 Proposed Resolution) Applicant: Roxanne Martin Location: 5750 Christmas Lake Road H. A Motion to Prepare a Resolution Approving a Simple Subdivision/Combination (Att.-#7H Planner's Memorandum) Applicant: St. John's Church & Don Huntington Location 680 Mill St (Excelsior) & 21990 Brackett's Rd 8 . CONS:IDERAT:ION OF A MOT:ION TO ADOPT A RESOLU'l':ION ESTABL:ISH:ING A TASK FORCE TO REV:IEW THE USE OF SNOWMOB:ILES W:ITH:IN THE C:ITY (Att. -#8 Proposed Resolution) 9 . CONS:IDERAT:ION OF ADOPT:ION OF AN ORD:INANCE AMEND:ING CHAPTER 701 REGULAT:ING THE KEEP:ING OF DOGS (Att. -#9 Proposed Ordinance) 10. CONS:IDERAT:ION OF ADOPT:ION OF A WATERMA:IN SPEC:IAL ASSESSMENT ORD:INANCE (Att. -#10 Proposed Ordinance) 11. CONS:IDERAT:ION OF AN ORD:INANCE AMEND:ING THE FEE SCHEDULE (Att.-#11 Proposed Ordinance) C:ITY COUNC:IL AGENDA - JUNE 12, 1995 Page 3 12. TAX :INCREMENT F:INANC:ING (T:IF) PROPOSAL A. Authorize up to $1,250 for the City's Share of an Analysis by Springsted, Inc. on a TIF Proposal by UTony Eiden Co." B. Authorize an Expenditure of up to $5,000 for Assistance with a Partial Housing Inventory required to define a TIF District 13. CONS:IDERAT:ION OF A MOT:ION APPROV:ING THE PREL:IM:INARY COST PART:IC:IPAT:ION EST:IMATES FOR THE CONSTRUCT:ION OF THE Cn:ISTMAS LAKE ROAD/H:IGBWAY 7 :INTERSECT:ION PROJECT (Att. Engineer's Letter) 14. LMCD - Report by Representative Bob Rascop 15. ADM:IN:ISTRATOR 6i: STAFF REPORTS 16. MAYOR 6i: C:ITY COUNC:IL REPORTS A. Discussion on Designation of Official Newspaper - Council Member Stover B. Report on Meetings with South Lake Cities on Senior Community Center - Mayor Bean 1 7. ADJOURN SUBJECT TO APPROVAL OF CLA:IMS (At t . - # 1 7 ) CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDA Y, MAY 16, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Borkon; Commissioners Kolstad, Lizee, Pisula, and Turgeon; and Planning Director Nielsen. Absent: Commissioners Foust and Rosenberger. APPROV AL OF MINUTES Turgeon moved, Pisula seconded to approve the May 2, 1995 Commission meeting minutes. Motion passed 5/0. 1. USE OF CHEMICAL FERTILIZERS, PRESENTATION BY TOM MAPLE, CHAIR OF MINNEHAHA CREEK WATERSHED DISTRICT Mr. Eugene Strommen, District Director and Mr. John Thomas, Board Representative, were present to represent the Minnehaha Creek Watershed District. Mr. Strommen explained the Watershed District's role of custodian and agency to maintain ground surface water quality. One aspect of this was to prevent water pollution from any means. Particles used in lawn fertilizers add nutrients to the soil, which during rain, drain into the storm sewer system and then into the lakes and streams. He encouraged strong public education of the contents of fertilizer being spread on the lawns. He stated the Watershed District does advocate a ten to twelve foot natural buffer next - to lakeshore where no fertilizer should be applied. Mr. Thomas stressed the importance of public education and individual responsibility in regards to fertilization. He reported that most commercial lawn services do use low phosphorous fertilizers. He felt the biggest problem is the fertilizer bought and applied by residents. Mr. Strommen explained that ordinances he is aware of regulate when residents can fertilize, that fertilizer be kept off hard surfaces, limit the amount of phosphorous which can be used, and allow the City to request a sample of the fertilizer being applied. Lizee reported she had contacted eight to ten commercial lawn services and most had a fertilization program available which used low phosphorous fertilizer. Commissioner Foust arrived at 7:25 p.m. Mr. Strommen suggested the Commission proceed with a strong public education campaign supported by a City Ordinance which could be enforced in cases where necessary. He also suggested licensing of commercial fertilizer applicators. 2. DISCUSS TREE PRESERVATION ORDINANCE Nielsen dispersed an outline of the suggested approach to Tree Preservation/Reforestation which staff is recommending and Tree Preservation Handout for individual lots which is used by the City of Lino Lakes. He indicated four basic understandings the City needs to address when dealing with this issue. They are that the City of Shorewood is approximately 85% developed, the Tree \ /. I, , PLANNING COMMISSION MINUTES May 16, 1995 - PAGE 2 Preservation/Reforestation regulations have to balance with other regulations (such as the zoning ordinances) which are already in place, the property owner's right to make reasonable use of their land, and that some varieties of trees are more valuable than others. Nielsen went through the outline in detail. Nielsen explained that the Tree Preservation handout used by the City of Lino Lakes worked very well. Under this policy, a tree preservation plan, prepared by a land surveyor or landscape architect has to be submitted and reviewed by the City before a building permit will be issued. The Commissioners considered the outline and the City of Uno Lakes' handout. Kolstad asked if it would be possible to designate certain existing wooded areas as protected forest areas in a manner similar to the wetland areas. There was Commission consensus to proceed with the outline and the handout with an addition under E. Tree Replacement Ratio "A maximum of eight trees be replaced per acre.", and the age of a tree be determined by growing seasons rather than years. Nielsen indicated he would investigate the possibilities available for existing wooded areas. There was Commission consensus to hold only one meeting in July which is .scheduled for July 18, 1995 at 7:00 p.m. 3. MATTERS FROM THE FLOOR Turgeon reported she was contacted by Gloria Hentges regarding the Katter Development at the Gideons Wood property. Nielsen indicated Mr. Katter had been sent notice and had not complied. He stated he would call the Public Works Department and schedule a clean up as soon as possible. Lizee dispersed copies of a flyer for the Shorewood Parks Festival scheduled for May 20, 1995 and indicated there are still volunteers needed. Borkon inquired as to the status of the Pastuck wetland setback issue. Nielsen reported John Pastuck is scheduled to appear before the Council on May 22, 1995 on an informal basis and that Mr. Pastuck's attorney has been in contact with the City Attorney. 4. REPORTS - None. 5. ADJOURNMENT Foust moved, Pisula seconded to adjourn the meeting at 9:10 p.m. Motion passed 6/0. RESPECTFULL Y SUBMITTED. Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial ~ 06/07/1995 17:08 7851167 TIMESAVER PAGE 01 CI1Y OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE ti, 1995 COUNCIL C !7!! COUNTRY 7:00 PM. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:01 p.m. ::::t~ Chair Barkan; Commlssioncrs Foust, Kolstad, Lizee, and T~ CoundI lJaison Benson and Planning Director Nielsen. I Absent: Commissioners Pisula and Ros~nbcrgcr. APPROVAL OF MINUTES Turgeon moved, Llzee seconded to approve the May 16, 1995 CommlssloD. Motion passed 5/0. Steve Dzurak and his son addressed the Planning Commission and thanked the help they had given them at the last meeting when the boy hurt his 1. 7:00 PUBUC HEARING . SIMPLE SETBACK VARIANCE tfll1: lIlInutes. AnON AND Applicant: Location: Wallace King 25620 Birch Bluff Road Chair Barkon announced the case and outlined the procedures for a pub . Nielsen reviewed the background related to the applicants request to ch ge the property line between the King's Jot at 25620 Birch Bluff Road. and their son's 10 at 25660 Birch Bluff Road. Mr. King is requesting this change so he will be able to d his existing home. The lot is currently substandard in width and in square feet of are He intends to buy 33 feet from his son. Both lots will then confonn with Shorewood zoni g requirements. Nielsen reported the existing garage wiU be removed and replaced. Mr. . g has requested a variance to allow the addition to be 10 feet from the fire lane. Nielsen' dicated there is precedence to grant this variance. He stated fire Janes are generally treate more like park property than street right-of-way. He indicated staff recommends proval of the subdivision/combination and setback variance with six: stated conditions it results in a greatly increased conformity with Shorewood's zoning requirements and is n cessary in order for the applicant to make reasonable use of his property. ' Chair Borkon opened and closed the public hearing at 7:15 p.m. since no ne appeared to address the Commission. 06/07/1995 17:08 7851167 TIMESAVER PAGE 02 ~ . , PLANNING COMMISSION MINUTES June 6, 1995 . PAGE 2 The Commissioners considered the application. Foust asked if the Fll'e De for the fire lane. ent bact use Nielsen explained the City perfonned a lengthy fire lane study and decided lane!' rather than vaoate them. They were then classified for different of use. The Eureka Road tire lane is designated as a Oass III fire lane which allows destrian access to the lake, fishing and launching canoes and small boats not requirin~ a trailer. The Commissioners agreed the criteria for granting a variance was met. 1 T1lrKeon moved, Lbee seconded to recommend to the Council that lit approve the subdivision/combination and setback variance for Walla" lOng, 25620 mrch BJuIf Road subject to IItaft' l'eCOl'IUDe1ldaUons. Motion passed 5/0. I The Council will consider tho recommendation at it'. Juno 12, 1995 moot.. 2. 7:15 PUBUC HEARING . SETBACK VARIANCE ' APPlicant: RIck aud Maun:on Spona:r I Location: 4350 Oellwood Lane L Clair Borkon announced the case. Nielsen reported Rick and Maure Spencer were requesting a setback variance for their property located at 4350 Dellwood e to allow for the addition of a deck and a screened porch which would extend into the tear yard setback and necessitate a 16-foot wriance. He reported the property is 24,944 se.dare feet of area, is zoned R-IClS and is subject to shoreline district regulations. NietSdn explained the configuration of the lot is unusual as the lake is on one side, a street on ~e other and the sides abut other properties which results in a very limited amount of buil Ie area. The ori&inal owner, rather than pursue a variancet built a home that conform to the lot. He indicated staff suggested the lot be treated the same as the lots to the n rth which orient to the lagoon by rearranging the bufiding setbacks, creating a usable, b dable area. He indicated the variance was justified by the configuration of the lot, it ould allow the property owner to make reasonable use of the lot, and the situation was t brought about by the owner himself. He reported staff recommends the variance be gran cd subject to the condition that a 35-foot setback will be maintained along the east end of the lot. The change in setbacks would be documented in a resolution, incorporated w th a drawing for reference for any future owner of the property. I OIair Borkou oponod aud closod tho public boating at 7:30 p.m. sioco Jono appoarod to address the Commission. The Commissioners considered the application. Kolstad questioned the rationale for the large rear setback. Turgeon questioned the amount of hard cover area. ! Niolson Ollplainod tho ordinanc:o defin.. tho front of tho property .. tho !.mal/est dlstanco which abuts a street and all other definitions extend from that. This ows consistency \ 86/87/1995 17:88 7851167 TIMESAVER PAGE 83 PLANNING COMMISSION MINUTES June 6, 1995 . PAGE 3 which provides for larger open spaces. Nielsen indicated the amount hard be 19.62%. r area would Turaeon moved, Kolstad seconded to l"eCommead to the Couudl that It app request tor RIck and Maureen SpeneeJ>, 43!O Dellwood Lane bject to starr recommendation. Motion passed 5/0. . The Council wl1I consider the recommendation at i~.lune 12, 1995 mJng. 3. 7:30 PUBUC HEARING . SETBACK VARlANCFJVARlANCE ~l 0 EXPAND A NONCONFORMING STRUCTURE ADnlicant: Location: Manuel Silva 5815 Ridge Road Chair Borkon announced the case. Nielsen indicated Mr. and Mrs. Silva.are requesting a setback variance to build an attached garage with a room addition above. , This property is zoned R-1A/S, Single-Family Residential and is subject to shoreland distric regulations. He indicated the existing home is non-conforming in regards to the front yard etback to Ridge Road. As Ridge Road is a private road, the setback is measured from a oint 15 feet out from the traveled surface resulting in a 6S foot front yard setback. Mr. va is requesting to locate the garage/addition 30 feet for the traveled surface of Ridge R ad which would require a 35 foot variance. He indicated the applicant cites steep t graphy as the justification for the variance. Nielsen reported staff recommends appr of the variance due to the steep topography, subject to the City Engineer's advice as to w ther the turning radius for the driveway should be increased. He indicated forcing a 6S fo t setback would result in considerable site alteration and a steep driveway. . Chair Borkon opened and closed the public hearing at 7:40 p.JIJ. since nolone appeared to address the Commission. The Commissioners considered the request. In response to Turgeon, Nie! en indicated the hard cover area was within the requirements. Uzee moved, 'furgeon seconded to l"eCOllUDend to the Connell that It a prove a setback var.lance tor Manuel SUva, 5815 RIdge Road subject to stair recommen tions. Motion passed 5/0. The Council will consider the recommendation at it's June 12, 1995 mee 4. 7:4.5 PUBUC HEARING. AMENDMENT TO CONDmONAL U E PERMIT FOR ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET Applicant: Greg Karas Location: 5600 Star Lane '---.,. .._M_.___.... '.. ...... 06/07/1995 17:08 7851167 TIMESAVER PAGE 04 i PLANNING COMMISSION MINUTES JUJae 6, 1995 . PAGE 4 Chair Borkon announced the case. Nielsen indicated in June of 199 , Mr. Karas had received a conditional use permit to build a detached garage on his pro rty at S600 Star Lane. Mr. Karas has now decided he would like to enlarge the garage d attach it to his home. The proposed garage will be the same width but deeper. Niel en indicated the proposal does meet the four conditions regulating accessory space. He ported there had been concern at the public hearing in June of 1994. that Mr. Karas w uld be using the garage for PUI])Oses other than residential and specific provisions were t in the CUP to regulate this. These conditions would still apply. Nielsen stated staff reco mends approval of the revised CUP based on this analysis. Greg Karas, indicated his neighbor Mr. Carlson was in attendance at, e meeting and supported the request. J Chair Borkon opened and closed the public hearing at 7:50 p.m. since n one appeared to address the Commission. The Commission considered the application. ' Turgeon IIIOftd, Uzee.....nded 10 .....1IUDOlId 10 the Coundl thet It IIplrove the - C.U.P. tor accessory space In excess ot 1200 square teet tor GI'eI K~ 5600 Star Lane subject to stall' recolDlDendaUons. Motion passed 5/0. The Council will consider the recommendation at it's June 12, 1995 meetng. There was Council consensus to consider item #6 of the agenda prior t01item #5. 6. SIMPLE SUBDMSION/COMBINATION " Aoplicant: St. John's Church and Don Huntington Location: 680 Mtl1 Street (Excelsior) and 21990 Bracke 's Road Chair Borkon announced the case. Nielsen indicated St. John's Church OW s a vacant parcel of land located west of Don Hungtington"s property of which they are pr posing to convey a small triangle of the land to Mr. Huntington. This will bring Mr. Hun . gton"s property into confonnance with the zoning ordinance. This wm also provide ' he Hungtington property with direct frontage to a public street. Nielsen indicated staff recommends approval of the division/combination subject to four conditions. ' . Mr. Court McFarlan, representiDg 51. J obn'. Onm:h indicated thls was an Lare.ment wblcb was made several years ago and finally being completed. I Turgeon moved, Foust .....nded 10 .....1DIIIOIId 10 the Coonell thet It a~ the simple subdivision and combination for Sa. John's Churc!tIDon. Hunjttnaton'l 686 Mill Street (Excelslor)121990 Brackett's Road subject to staff recommendations. Mdtlon passed 5/0. Tho Council will consider the reOOJDmcndation at it's Juno 12, 1995 meehng. ~ 86/87/1995 17:88 7851167 TIMESAVER PAGE 85 ~ i PLANNING COMMISSION MINUTES j June 6, 1995 - PAGE 5 5. 8:00 PUBUC HEARING - CONDmONAL USE PERMIT TO LOW FILL IN EXCESS OF 100 CUBIC YARDS J\p.plicant: Roxanne Martin Location: 5150 Christmas Lake Road Chairman Barkan announced the case. Nielsen indicated Roxanne and St~e Martin, 5750 Christmas Lake Road are proposing to construct a landscape berm across. e front of their property which will require more than 100 cubic yards of fill. The property zoned R-1A1S. Single-Family Residential. and is subject to shoreland district regUlaU;:jons The proposed height of the benn is six feet with 4:1 slopes. Nielsen stated a requ of this type is analyzed by the City Engineer as there are concerns that the drainage t be blocked or redirected to other properties and the existing culvert cannot be blocked. fib indicated there will be a Beld test perfonned. Staff has recommended erosion contTot by Use of a silt fence of hay bales. ~ Roxanne Martin, 5750 Christmas Lake Road, stated they are attempting t create a buffer from the traffic on Christmas Lake Road that looks natural. . Chair Borkon opened and closed the public hearing at 8:01 p.m. since no lone appeared to address the Commission. The Commission considered the application. Kolstad asked if the type of I to be used was I specified. Turgeon asked how far back from Christmas Lake Road th berm would be located. Nielsen indicated clean fill had to be used. He stated the berm cannot e located in the right-of-way. J Uzee moved, ~nded by Turaeon to recommend to the Council t it approve the conditional use permit to aUow IIU In exceu ot 100 cubic yards tor Rdxanne and Steve Mardn, 5750 Christmas Lake Road subject to stair I'eCOJllIneJ1dattons. Motion passed 510. The Council will 00JlSider the rec:ommeDdatlon at it's June 12, 1995 moor 1. REVIEW DRAFT OF WETLAND ORDINANCE AMENDMENT . There was Commission consensus to postpone this mattcr to the June Jo. 1995 Planning ~m~ I 8. MATrERS FROM THE FLOOR. Nonc. i 9. REPORTS k Uzee reported her attendance at the May 23rd Park Commission meeti g. She attended the meeting to make the Commissioncrs aware of the intention of L . dgren Bros. to 06/07/1995 17:08 7851167 TIMESAVER PAGE 06 J 1 i PLANNING COMMISSION MINUTES I June 6, 1995 . PAGE 6 j dedicate four acres of open space along Smithtown Road and the desire f the citizens to have this used for a bike and/or hiking trail. , Nielsen indicated Lundgren Bros. had submitted a preliminary plat anJ that would be forwarded to the Park Commission for specific consideration. , Oair Borkon reported her attendance at a meeting with the Christmas e Homeowners Association and Diane of the Ory of Chanhasscn. She reported Diane a pears willing to work with the Homeowners and the Oty of Shorewood to maintain the ter quality of Christmas Lake. Turgeon inquired as to the Snowmobile Task Force. Nielsen indicated the .ty Councll was developing a task force to look into the ordinance. . Benson inquired as to the summer meeting schedule of the Commission. Jielsen indicated the Planning Commission would meet on June 20th, July 18th, August 1st d August 15th. Foust inquired as to the Grady property and the property at 4318 Enchante Point. Nielsen reported the City Attorney had been in contact with Mr. Grady and info d him he could not live on the property without a certiflC8.te of occupancy. He has one ar to complete the project and obtain a certificate of occupancy. If he continues to occu y the property, the City can take the case to court. He reported the owner of the prope on Enchanted Point did remove one double tree and one other tree before the City was a are of his plans. He has since been asked to submit a tree inventory and a plan for ament of the shoreline. The City has asked him to replace five trees for the ones rem d in accordance with the tree preservation ordinance. I Lizee asked what action had been taken in regards to the hazardous properbr on Smithtown Road. Nielsen indicated the building was secure by the time of the~ Co.1 meeting. Foust reported renewal of the Tr.iax Cable agreement was being d. d at the Lake Minnetonka Cable Commission meeting. There was Commission discussi n of the options and opportunities which may be available to the Oty via Triax Cable. Bdnson asked that Foust appear before the CoUDa1 to discuss this issue also. There was Comdssion consensus to look into how these options could work into the Comprehensive Plan. ! 7. ADJOURNMENT 1 Kolstad moved, Llzee seconded to atUourn. the meeting at 9:00 p.m. Mo D passed 5/0. . 1 RESPECTFULLY StmMtrfED. Lom 1.. Kopischke Recording Secretary TimeSavcr Off Site Secretarial _. .__" ....__... ._._..._. ___M_ _.._. --_J ~ C:ITY COUNC:IL AGENDA - JUNE 12, 1995 Page 2 B. A Motion to Adopt a Resolution Approving the Concept Plan for the Shorewood Properties P.U.D. (Att.-#7B Proposed Resolution) Applicant: Location: Lundgren Bros. Inc. 76.5 Acres North of Smithtown Road West of Minnewashta School C. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Lot Line Rearrangement and Setback Variance (Att.-#7C Planner's Memorandum) Applicant: Wallace King Location: 25620 Birch Bluff Road D. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance (Att.-#7D Planner's Memorandum) Applicant: Rick and Maureen Spencer Location: 4350 Dellwood Lane E. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance/Variance to expand a Non- Conforming Structure (Att.-#7E Planner's Memorandum) Applicant: Manuel Silva Location: 5815 Ridge Road F. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet (Att.-#7F1 Planner's Memorandum; #7F2 Proposed Resolution) Applicant: Greg Karas Location: 5600 Star Lane G. A Motion to Adopt a Resolution Approving a Conditional Use Permit to Allow Fill in Excess of 100 Cubic Yards (Att.- #7G1 Planner's Memorandum; #7G2 Proposed Resolution) Applicant: Roxanne Martin Location: 5750 Christmas Lake Road H. A Motion to Prepare a Resolution Approving a Simple Subdivision/Combination (Att.-#7H Planner's Memorandum) Applicant: St. John's Church & Don Huntington Location 680 Mill St (Excelsior) & 21990 Brackett's Rd 8 . CONS:IDERAT:ION OF A MOT:ION TO ADOPT A RESOLU'l':ION ESTABL:ISH:ING A TASK FORCE TO REV:IEW THE USE OF SNOWMOB:ILES WITH:IN THE C:ITY (Att. -#8 Proposed Resolution) 9 . CONS:IDERATION OF ADOPT:ION OF AN ORD:INANCE AMEND:ING CHAPTER 701 REGULAT:ING THE KEEP:ING OF DOGS (A t t . - # 9 Proposed Ordinance) 10. CONS:IDERAT:ION OF ADOPT:ION OF A WATERMA:IN SPEC:IAL ASSESSMENT ORD:INANCE (Att. -#10 Proposed Ordinance) 11. CONS:IDERAT:ION OF AN ORD:INANCE AMEND:ING THE FEE SCHEDULE (Att.-#11 Proposed Ordinance) -~- . C:ITY COUNC:IL REGULAR MEET:ING C:ITY OF SHOREWOOD MONDAY, JUNE 12, 1995 5755 COUNTRY CLUB ROAD COONC:IL CHAMBERS 7:30 P.M. AGENDA 1 . CONVENE C:I'l'Y COUNC:IL MEE'l':ING A. Roll Call Mayor Bean Stover Benson Malam McCarty B. Review Agenda C. Introduction of New Police Officer 2 . APPROVAL OF M:INU'l'ES City Council Regular Minutes May 22, 1995 and Council Work Session Minutes May 24, 1995 (Att.-#2 Minutes) 3 . CONSENT AGENDA - Motion to approve items on Agenda 6i: Adopt Resolutions 'l'herein: Consent A. A Motion to Approve a Joint Powers Agreement with the City of Chanhassen to Provide Sewer and Water Service (Att.#3A Agreement) Applicant: Dr. James and Karen Meyer Location: Lot 1, Blk 1, Cunningham Addn B. A Motion to Approve a Resolution Requiring State Participation in Drainage Project - Season's (Att.-#3B Proposed Resolution) C. A Motion to Adopt a Resolution Authorizing the City to Participate in the 4-M Investment Fund (Att.-#3C Proposed Resolution) 4 . MA'l''l'ERS FROM THE FLOOR (Presentations are limited to 3 minutes. No Council action will be taken.) 5 . D:ISCUSS:ION W:ITH KAREN BOWEN, HENNEP:IN PARKS, REGARD:ING EQUES'l'R~ USE OF REG:IONAL TRA:IL (Att.-#5 Supporting Documentation) 6 . PARKS Report by Representative Wilson 7 . PLANN:ING Report by Representative A. A Motion to Adopt a Resolution Approving Concept and Development Stage Plans for the Heritage P.U.D. (Att.-#7A Proposed Resolution) Applicant: Abindgon Development Corporation Location: So. of Edgewood Road Approx. 700' East of Howards Point Road 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 ~ , '-,I ! \J . '. . . SaOREWOOD CITY.COmICI!. MEETING ,MONDAY Jmm 12, 1995 ~'Aaenda Item #1C: Chief Richard Young will bring the new Shorewobd Police Officer, Brian Flaherty, to the meeting' about 10 minutes early t<) . introduce him to the Council. Foilowing the opening of the meeting, he can be presented to the Shorewood residents by introducing h~ to the TV audience. '" Aaenda Item #3A: Dr. and Mrs. James Meyer request approval to connect their property at 6180 Ridge Road to. the Chanhassen water systarn.' Th.';.~ Planning Director recommends approval, subject to the owners signing standard water service agreements with the Cities of Shorewood a~d Chanhassen. Aaenda Item #3B: Approval of'this resolution will.allow ~~ot to ., participate in the funding of the Seasons' drainage project. ~ Aaenda Item #3C: The Minnesota ~uni~ipal Mon~y Market (4-M} FundI3 a - short-term money market .fund, Wh1Ch 1S sponsored by the League' of Minnesoca Cities, specifically for governmental-entitiestand is administered by Dain Bosworth/Insight CapitaL This fund has a record of good short-term investment returns while maintaining the safety and liquidity of capital invested, and it complies with all statutes d' regulating the investment .of public .fuhds.. -The.:passage of. this resolution allows the City to participate in th~ fund, and is recommended by the City Finance Director/Treasurer. Aaenda Item #5: In 1994 the City Council asked that we appeal to the Hep~epin County Parks asking them that horses be allowed on the Shorewood portion of the regional trail. They have a steadfast policy against that. ~he Park Commission had recommended that the Council accept the County policy prohibiting hors8s. Relevant minutes and other materials are enclosed in the packet. ,Karen Bm'le;q.i' Director of Operations, Hennepin Parks. will. be p1:'esent tc diSC1J..SS the issue 'W'i th the Council. '.. A Residential Community on Lake Minnetonka's South Shore Executive Summary - City Council Agenda .June 12, 1995 Page 2 Aaenda Item #7A: Abingdon Development has submitted a revised development stage plan for the Heritage P.U.D. The new plan, which contains 23 single-family lots (two of which have existing homes on them) is consistent with the Comprehensive Plan and Zoning Code. The developer has made numerous changes in response to previo~sly raised issues. At the 22 May meeting the Coancil directed staff to prepare a resolution approving concept and development stage plans. This resolution requires a four-fifths vote by the Council. Aaenda Item #7B: Lundgren Bros Constructio~ has requested, concept stage approval for a 33,..lot (32 new lots) '; ,'single-family reside!ltial subdivision, located west of the .Minnewashta El~~enta~y School. The proposal is consistent with the COID;Jrehensive P'lan and the Zoning Code, and the City Council voted at its 22 Maymeet~ngto:~lzect staff to prepare a resolution approving the concept plans. Approval of' this resolution requires a four-fifths vote by the Cc~~cil. '. Aaenda Item #7C: Wallace King, 25620 Birch, Bluff RO.=.d, 'proposes to buy 33 feet of his son's lot to the east of his ,in order to a::commcdate an addition to his home. The division and combination will result in both lots conforming to current zoning requirements. The. addition a_,aQ requires a setback variance from the Eureka Read fire lane. Ci~i2g hardship and precedence, the Plar~ing Director' reco~~ends approval. The Planning Commission agreed unanimously with the Pla~~er. The Council should direct staff to prepare a findings of fact, approval of which will require a four-fifths vote by the Council. ,The applicant also requests that a building permIt be i.ssued prioE to adoption of the formal resolution. Since no special Gonditions have been recommended, and if the Council votes unanimously to 'approve the request, the Planning Director recommends that the pe~it be allowed to be issued. Aaenda Item #7D: Rick and Maureen Spencer request a variance to build a .' deck and screen porch at the back of their house at 4350 Dellwood Lane. The Planning Director suggests that the applicant's problem is a function of poor subdivision design which was approved years ago. It has been recommended that setbacks be imposed on the Spencer's' property similar to the other lots which orient to the lagoon. The Planning Commission voted unanimously to recommend this solution. The Council should direct staff to prepare a findings of fact. Similar to item 7C above, the applicant requests approval of a building permit prior to final adoption of the resolution. Again, no special conditions have been suggested, and, if the Council agrees unanimously to approve the request, the Planning Director agrees with issuance of the permit. ,,' ~ ~ .. Executive Summary - City Council Agenda June 128 1995 Page 3 AGenda Item #7E: Manuel Silva, 5815 Ridge Road, has requested a 35-foot front setback variance to build an attach~d garage and room addition. The existing home is already nonconforming, but is situated on the most buildable part of the lot. Construction of a new garage will eliminate an existing garage which is located very close to Ridge Road. The Planner points out that requiring conformance with the Code would require substantially greater site alteration and/or ~~ unacceptably steep driveway. The Planning Commission reco~mended unanimously to approve the variance. The Council should direct staff to prepare a findings of fact, requiring a four-fifths vote. Once more the Planning Director recommends that the building permit be allowed to be issued prior to the formal resolution being'''r.;;.doptec3.;<~':\';'.f thE> ''::'ouncil is unanimous in approving the request. AGenda Item #7F: Last June Greg Karas received a conditional use permit ~ to build a detached garage which, .wh~n combined ~it~ existi~g garage space, exceeded 1200 square feet ln area. He has Slnce declded to enlarge the proposed garage and attach it to~'ni~ house. Despite the enlargement, the garage complies with zoning,;,requ.irements and !;lay be an improvement over the detached garage previously approved. . The ?la~~ing Director and the Planning Commission ha,re recornIT.errded to approve the C.U.P. Approval requires a four-fifths vote by th2 Council. AGenda Item #7G: Steve and Roxa~~e Martin,5750 Christmas Lake R0ad, propose to build a landscape berm across the front of their property. Since the berm requires more than 100 cubic yards of fill, it requires a conditional use permit. The Planning Directcr and City Engi!!ee!.' have recommended approval. The Planning Commission agre2d t-:.nanimous.'.y. Approval of this resolution requires a four-fifths vote by the Council. AGenda Item #7H: St. John's Church proposed to subdivide a small . triangle of their property on Bracketts Road and co~vey it to the next door neighbor, Don Huntington (21190 Bracketts Road). The division/combination brings the Huntingtion property .into conformance with current zoning standards, and the Church parcel still remains. buildable. The Planning Director'ar:d the Planning. Commission recommend approval of the request. The Council should direct staff to prepare a resolution. AGenda Item #8: This a second draft of t~e sno'Nmobile task force resolution which hopefully incorporates the changes requested during the discussion at the last Council meeting. AGenda Item #9: This ordinance regarding dog licenses is a revised draft making the change proposed at the .last City Council meeting. AGenda Item #10: This final version of the .watermain special assessment ordinance is as agreed to at the last "vcrk session. It can be adopted or considered as a first reading. w..- ,. '.<l>. Executive Summary Page 4 City Council Agenda June 12, 1995 Aoenda Item #11: This ordinance, esta.blishing fees, . was presented to the Council and the Advisory Group at the 2.ast work session. It. C2r! also be adopted at this meeting. Aoenda Item #12A: A motion would be in o::-der tc authorize up to $1,250 to be spent by the City to pay the "second half" efa net-too-exceed $2,500 report on the proposed TIF district from S~=ingsted, I~c. Aoenda Item #12B: The action here would be a motion to au.tho~i::?:e .s.n expenditure of up to $5,000 to begin the hCl.:.sir-g inventory. At this point we do not know who will do the inventory but. the expend3..tu:;:oe can be authorized. Aoenda Item #13: Joel .D:i;esel 'v'lill"'~caco.dis~~:ossiO'T.l :~se'\"leralit:eras relating to the Christmas Lake Road intersec':.ion.He is specifically looking for a motion approving the Ci::y 's part.icipation a'1d the cost of . the signals. The estimated cost of tl:1e C1.ty's share is $8,500.. 0 . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MAY 22, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DRAFT Mayor Bean called the meeting to order at 7:35 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; City Engineer Dresel, Administrator Hurm, City Attorney Keane, Planning Director Nielsen, and Finance Director Rolek. . B. Review Agenda Malam moved, McCarty seconded to approve the agenda for May 22, 1995 amended by moving Item I.D. Presentation by John Hammond, Mosquito Control to follow 4. Matters From the Floor. Motion passed 5/0. C. Appreciation to American Legion for Flag and Donation to the festival Mayor Bean acknowledged and thanked the American Legion for the donation of the American Flag which is currently flying above City Hall and their contribution to the Park Festival. 2 . APPROVAL OF MINUTES . A. City Council Regular Minutes - May 8, 1995 Stover moved, Malam seconded to approve the May 8, 1995 City Council Regular Meeting Minutes amended by changing Kristine to Cristine on page 2, line 1, paragraph 7, under item 4; changing Jim Wilson Nursery to Wilson's Northwest Nursery on page 2, line 1, paragraph 14, under item 5.B.; and changing locus to locust on page 2, line 4, paragraph 14, under item 5.B. Motion passed 4 ayes / 1 abstain. (Councilmember Benson abstained.) (Corrections underlined.) 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for May 22,1995. McCarty moved, Stover seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. RESOLUTION NO. 95-43, "A Resolution Approving Intoxicating Liquor License Sunday and Club." Applicant: American Legion Post #259. Location: 24450 Smithtown Road. #"~ REGULAR CITY COUNCIL MINUTES May 22, 1995 - PAGE 2 B. RESOLUTION NO. 95-44, "A Resolution Approving Intoxicating Liquor License On-Sale Intoxicating Liquor and Special Sunday Sales." Applicant: Minnetonka Country Club. Location: 24575 Smithtown Road. C. Motion to Approve Updated Job Descriptions and Authorize the Hiring of Part-time Clerical Assistants. D. RESOLUTION NO. 95-45. "A Resolution Approving a Single Temporary Gambling License." Applicant: Minnesota Medical Foundation. Location: Minnetonka Country Club, 24575 Smithtown Road. E. Motion to Approve a Sign Permit for Entrance Monument Signs for the Seasons P.U.D. Motion passed 5/0. 4. MATTERS FROM THE FLOOR Mr. Geoffrey Glueckstein, 6105 McKinley Circle presented a petition signed by all adult residents of McKinley Circle and McKinley Court regarding the sealcoating which was completed Fall of 1994. He expressed the neighborhood concern with the road quality and the safety hazard to adults and children using the roads for recreation. He stated the neighborhood requests that the City repave the road to a residential quality street at no additional cost to the residents. Hurm indicated the Public Works Department was familiar with the concern of the residents in the area. He reported that last Friday, a portion of the street on Vine Ridge Circle, east of Silverwood Park was re-sealcoated as a test section. This section of road will be evaluated in approximately one month and if successful, the entire street will be re-sealcoated in this manner. . 4.1 PRESENTATION BY JOHN HAMMOND, MOSQUITO CONTROL Mr. Wayne Johnson, Mr. John Hammond and Ms. Laurie Hammond were in attendance to represent the Metropolitan Mosquito Control District. A brief educational video was shown. Ms. Hammond explained the dangers of LaCrosse Encephalitis and the tree hole mosquito in regards to . children. She encouraged City Council to educate residents to help protect themselves with various clean-up measures. Mayor Bean recounted his personal experience with the disease and encouraged others to take preventative measures against the breeding of the mosquito. 5. MINNETONKA COMMUNITY SERVICES - Report by Representative Tad Shaw Mr. Tad Shaw reported all the programs and the accomplishments made by the Minnetonka Community Services over the past year. He also extended an invitation to the Mayor, Councilmembers and City Administrator to attend the MCES Annual Breakfast Meeting at Minnetonka Baptist Church on Thursday, May 25, 1995 at 7:30 a.m. Council thanked Mr. Shaw and Minnetonka Community Services for a job well done. Councilmember McCarty indicated the Minnetonka Community Services was an intricate part of her family's life, granting them many opportunities. 6. PLANNING - Report by Representative . REGULAR CITY COUNCIL MINUTES May 22, 1995 - PAGE 3 . Commissioner Pisula reviewed the actions taken and recommendations made at the Commission's May 16, 1995 study session. A. Motion to Direct Staff to Prepare Findings of Fact Regarding Concept and Development Stage Plans for the Heritage P.D.D. Applicant: Abindgon Development Corporation. Location: South of Edgewood Road Approximately 700 feet East of Howards Point Road. Nielsen explained this project was suspended due to the development moratorium. He indicated the proposal is consistent with the zoning ordinances and the Comprehensive Plan. The density meets the requirements of the Comprehensive Plan of 1 unit per 40,000 square feet of land area with 23 lots including 2 existing homes. He reported the Planning Commission had requested the developer flatten a sharp curve in the west end of the street and this had been accomplished while maintaining the lots. The utilities include a pedestrian path to an island wetland area. The wetlands have a buffer strip of 35 feet and a 15 foot building setback. Nielsen reported the wetland regulations require a conservation easement over the wetland and this area will be fenced off. The developer will prepare a tree inventory to include eight inch or larger trees as part of the reforestation plan. Nielsen indicated the Planning Commission voted 5-0, with one abstention to recommend approval of the concept and development stage plan. Councilmember McCarty expressed her concern that the run-off be investigated thoroughly in regards to its impact on the wetland area. Nielsen indicated the run-off had not yet been calculated but there were NURP ponds proposed for the development. He reported the Engineer is preparing an overall report on the impact to the wetlands resulting from all the surrounding developments. The run-off issue will be addressed in detail at the final plat approval. McCarty moved, seconded by Malam to direct staff to prepare a findings of fact regarding concept and development stage plans for the Heritage P . U . D . , Abindgon Development Corporation located South of Edgewood Road approximat.ely 700 feet East of Howards Point Road. Motion passed 5/0. . B. Motion to Direct Staff to Prepare a Findings of Fact Regarding the Concept Plan for the Shorewood Properties P.D.D. Applicant: Lundgren Bros., Inc. Location: 76.5 Acres North of Smithtown Road West of Minnewashta School. Nielsen explained the proposal is consistent with the Comprehensive Plan and the zoning ordinances. The proposal would subdivide 75.4 acres of land into 33 single-family residential lots with one existing lot. The Planning Commission voted 5-1 to recommend approval of the concept plan. The density is 1.1 unit per 40,000 square feet which is consistent with the Comprehensive Plan. The developer has created a looped road rather than a dead end or a cul-de-sac. There had been concern raised with development on the peninsula area that extends out into the wetland area. All members of the Commission did have the opportunity to walk the peninsula and do feel the site is buildable. The developer was requested to provide detail screening and a significant landscape plan to break up the homes on the peninsula. He has also moved the driveway away from the north edge of the wetland so it will meet the setback requirements. The tree removal will be kept to a minimum as custom grading is being done on the sites. The developer has asked the City to consider a different location for the proposed water tower. Nielsen indicated he had not had recent conversation with the School District in regards to this issue. A $10,000.00 per lot water connection and trunk fee will be assessed to 32 new lots and a $5,000.00 assessment to the REGULAR CITY COUNCIL MINUTES May 22, 1995 - PAGE 4 existing home. Proposed ponding will meet the NVRP standard and will be addressed further in the preliminary plat. John Uban, Consultant Planner for Lundgren Bros., provided an aerial photo of the 75 acre parcel. He illustrated the four acre area which would be left as open space in the P.V.D. He then showed a diagram of the proposed development. He also provided photographs of the views as you look toward the north, east and west from the wetland . Councilmember McCarty again expressed her concern with the run-off and drainage problems, indicating she had received many calls from concerned neighbors. Terry Forbord, Lundgren Bros., explained he felt the water tower may encroach the air space of the abutting lot. He also had safety concerns, with the tower that close, when maintenance work was being preformed. He hoped to find an optimum location to meet everyone's standards. Dresel explained'he understood there was an agreement between the School District and the City that the water tower would be placed on their property directly behind the older scl1ool. Three years . ago, the school desired to put an addition in that location. The City agreed, planning to place the water tower in a different location on the property. Dresel reported he had done some preliminary investigating as to the encroachment issue and did feel this location would not be aesthetically pleasing to future homeowners. Malam moved, Benson seconded to direct staff to prepare findings of fact regarding. the conceptplan-fortheShorewood'Properties,.L-undgrenBros.~ Inc. located at 76.5 acres north of Smithtown Road west of Minnewashta School. Motion passed 5/0. Mayor Bean recessed the meeting at 9:25 p.m. and reconvened at 9:37 p.m. C. Discussion on Proposed Wetland Regulations - John Pastuck Nielsen explained Mr. Pastuck had asked to appear before the Planning COITl..mission to discuss informally the wetland amendment study creating a setback from the wetlands in Shorewood. Mr. . Pastuck owns a piece of property in Shorewood and last November appeared before the City Council to request a vacation of a wetland easement. That request was denied. He is concerned now with the proposed 50 foot wetland setback, 35 foot buffer and 15 foot building setback. This draft ordinance will be considered at the Planning Commission meeting on June 6, 1995 with a potential public hearing in late June or July. Mr. John Pastuck reported in 1987 he and a partner purchased three to four acres of land with the intent of building a twinhome and to later split off a single-family lot on the east end. Subsequently, his partner moved and subdivided the lot. In exchange for the subdivision, he gave the City a wetland easement. One and half years later, Mr. Pastuck attempted to split off the single-family lot. He was short property on the west end. He had the wetland professionally delineated and surveyed. He then came before the Council and requested a vacation of the easement which was denied. Mr. Pastuck then purchased an additional 500 feet from his neighbor to obtain the necessary square footage. The City then adopted a 25 foot setback policy and he was again short of the necessary square footage. He then purchased an additional 4500 square feet of property from the neighbor. He contacted the City and discovered the setback had now been increased to 30 feet. He then designed another house only to find the setback had been increased to 50 feet. He requested the Council let him go through with his project with a 30 foot setback rather than the 50 foot setback. REGULAR CITY COUNCIL MINUTES May 22, 1995 - PAGE 5 Councilmember Malam indicated it appeared the problem started with the initial subdivision and variance for the two lots. Mayor Bean indicated the Council was operating under the context of the Comprehensive Plan subject to ordinances being filled in to substantiate the Plan. Keane reiterated the standard has been adopted in the Comprehensive Plan for a wetland setback requirement of 50 feet. The Comprehensive Plan is a reasonable basis for denial of Mr. Pastuck's request. In regards to taking, the City is not physically invading the property, only enforcing a policy. The property is already being put to a reasonable use. 7. 1994 ANNUAL AUDIT REPORT - ABDO, ABDO AND EICK AND PRESENTATION OF AWARD CERTIFICATE OF ACHIEVEMENT IN FINANCIAL REPORTING . Mr. Gary Groen, Auditor summarized the 1994 annual audit report for the City of Shorewood. He advised the City Council that it may be appropriate to discuss the Liquor Fund Operation in a future work session. He then presented Mayor Bean and Alan Rolek, Finance Director, with a plaque of Certificate of Achievement in Financial Reporting to the City of Shorewood for fmanciaI reporting for the fiscal year 1994. The Council and Staff congratulated Mr. Rolek for the good job done. 8. CONSIDERATION OF A MOTION TO ADOPT ESTABLISHING A TASK FORCE TO REVIEW SNOWMOBILES WITHIN THE CITY A RESOLUTION THE USE OF Hurm reported he had prepared a draft resolution to establish a task force to review the use of snowmobiles in the City. There was Council discussion and consensuS to include four residents rather than three, the possibility of delineating part of the right-of-way to be used by snowmobiles and a clause included that the Council would be required to take some type of action within 60 days of receipt of the results from the Task Force. 9. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER 701 REGULATING THE KEEPING OF DOGS . Hurm suggested this be considered a 1st reading of the ordinance to allow discussion of the proposed ordinance. There was Council consensus to remove the second sentence of Subd. 3 Exceptions. This was the 1st reading of an Ordinance amending Chapter 701 regulating the keeping of dogs to be reconsidered at the June 12, 1995 Council meeting. 10. ACTION REGARDING STRUCTURE AT 25565 SMITHTOWN ROAD A. Consideration of an Order Finding Hazardous Conditions Keane indicated this was the procedure necessary for the governing body to establish that a hazardous condition existed based on inspection done by the City Staff. Notice can then be provided to the property owner to remediate property immediately. If the property owner does not comply, the City can then serve notice to the property owner and schedule a court hearing in front of a judge to ask for either repair, permanent securing or raising of the building. If the property owner does not respond in a timely manner, the City can then secure the property. Keane indicated in anticipation of serving notice to the property owner, he had contacted US West Communications REGULAR CITY COUNCIL MINUTES May 22, 1995 - PAGE 6 to obtain whatever information was legally possible. He indicated he would also contact NSP Power Company to see if there was any way possible to disconnect the electricity. Benson moved, seconded by McCarty to approve an order for removal or repair in the matter of hazardous building located at 25565 Smithtown Road. Motion passed 5/0. B. Consideration of a Order to Secure a Hazardous Building. Stover moved, seconded by Malam to approve an order to secure the vacant hazardous building located at 25565 Smithtown Road amending to be completed within five (5) days rather than ten (10) of the date of service. Motion passed 5/0. 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION PROCLAIMING MAY AS OLDER AMERICANS MONTH Mayor Bean read the following resolution into record: Whereas, older Americans are significant members of our society, investing their wisdom and experience to help enrich and better the lives of younger generations; and Whereas, the Southshore Senior Center has acted as a catalyst for mobilizing the creativity, energy, vitality and commitment of older residents of Shorewood; and Whereas, through the wide array of services, programs and activities, seniors empower older adults to contribute to their own health and well-being and the health and well-being of their fellow citizens of all ages; and Whereas, on Friday, May 19, the Southshore Senior Center celebrated Older Americans Month. Now, Therefore, be it resolved by the City Council of the City of Shorewood that May 1995 be proclaimed as Older Americans Month and calls upon all citizens to recognize the special contributions of the Southshore Senior Center participants, and the special efforts of its staff and volunteers who work every day to enhance the well-being of the older persons in our City. Adopted by the City Council of the City of Shorewood this 22nd day of May 1995. Stover moved, seconded by Benson to adopt Resolution No. 95-46, "A resolution proclaiming May of 1995 as Older Americans Month". Motion passed 5/0. 12. LMCD - Report by Representative Bob Rascop Mr. Bob Rascop gave a detailed report of the current activities of the LMCD. He indicated they will be purchasing new or remodeling the old milfoil harvester. He reported there were 900 boats on the lake for the recent Crappie Contest. He indicated Bob Pillsbury will Chair the upcoming lake clean-up project. He reported on the different types of defenses against milfoil. He also commented on a new snail which has infested bodies of water as close as Detroit Lakes and the S t. Croix and Mississippi Rivers and the measures being used to avoid infestation in Lake Minnetonka. 13. ADMINISTRATOR AND STAFF REPORTS A. Discuss John Grable Deck Permit Nielsen reported Mr. Grable has decided to build a smaller deck and shift it back to reduce the encroachment on the open area. He indicated this was a reasonable solution. B. Administrator's Report on Funding Options for the Senior Community Center . . REGULAR CITY COUNCIL MINUTES May 22, 1995 - PAGE 7 Hurm discussed the options available for funding of the Senior Community Center. There was Council consensus to request the HCHRA to acquire another bond counsel opinion regarding the legality of issuing debt and levying taxes to retire the debt in only two cities within the HCHRA area of operation. Hurm also reported his attendance at a meeting on Friday with the City Manager of Minnetonka and Jim Jones concerning recreational facilities. He also reported an invitation to the Sewage District Meeting on June 2nd. He reported he had attended this event previously and urged any interested Councilmembers to attend. C. Attorney's Report on Rental Housing Status Keane reported City Staff has secured license compliance for 133 of the total 137 rental units within the City of Shorewood. He advised the next level of enforcement is to issue a compliance order. . D. Attorney's Report on Ron Johnson Litigation Keane reported he received an order from the Court of Appeals which affIrms the decision of the district court that attorney fees arising from the appeal will not be allowed to Mr. Johnson by statue. There was Council consensus and direction to prepare the appropriate papers to serve notifIcation of taxation of costs and disbursements in this matter. 14. MAYOR AND COUNCILMEMBER REPORTS . A. Report by Mayor on Proposed Lease Agreement Meeting with Senior Community Center Representatives. Mayor Bean reported there is a lot of work needed yet to come to a closure on the cooperative agreement. He reported there will be another meeting tomorrow, Tuesday, May 23rd at 4:00 p.m. Mayor Bean recessed the meeting at 11 :34 p.m. and reconvened at 11 :37 p.m. B . Consideration of Summer Meeting Schedule There was Council discussion regarding changing the summer meeting schedule. Council consensus was reached to not change the schedule and Councilmember Benson withdrew his request. Councilmember McCarty thanked Tim Keane, Doug Malam, Brad Nielsen, Bill Keiler, Jim Wilson, Nick Ruehl, Sandy Trettel, Roxanne Martin, Mary Bensman, Ken Dallman, Leonard George, the American Legion and Tonka Men's Club and everyone involved for their help with the recent Shorewood Festival. 15. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS McCarty moved, Benson seconded to adjourn the City Council meeting at 11: 40 p.m., subject to approval of claims. Motion passed 5/0. . . CITY OF SHOREWOOD WORK SESSION MEETING WEDNESDAY, MAY 24, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES I. CONVENE WORK SESSION MEETING Mayor Bean called the meeting to order at 7:30 p.m. A. Roll Call Present: . Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; Advisory Group Members Haugen, Ingrid Schaff and John Hodgden. Administrator Hurm, City Engineer Dresel, Finance Director Rolek, and Planning Director Nielsen. Absent: , Advisory Group Member Bridge DISCUSSION A proposal for the use of a Tax Increment Financing (TIP) District was presented by Chuck Dillerud of Tony Eiden Co. The concept was discussed in detail. It was determined staff would contact Springsted, Inc. to do an analysis. the developer would pay the fIrst $1,250.00 of the not to exceed $2,500.00 study. Further the proposed water special assessment ordinance was reviewed in detail. A final draft is to be presented for review at the next meeting Wednesday, June7-at 4:00 p.m. Following additional discussion, the meeting was adjourned at 10:05 p.m. RESPECTFULL Y SUBMITTED, James C. Hurm, City Administrator/Clerk ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR ,- '. 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: Meyer, James - Request for Connection to Chanhassen City Water Mayor and City Council Brad Nielsen 7 June 1995 FILE NO. Property (6180 Ridge Road) Dr. and Mrs.. Meyer have requested permission to connect their lot at the end of Ridge Road to the Chanhassen water system. Attachment A is Chanhassen' s standard connection agreement. Attachment B is a copy of Shorewood' s standard agreement with the owner which states that the owner will pay any future assessments in the event that Shorewood supplies water to the property. Approval is recommended subject to the owner executing and recording both agreements. . If you have any questions relative to this matter, please contact me prior to Monday night's meeting. cc: Jim Hurm Tim Keane Joel Dresel James Meyer Thomas Lewis A Residential Community on Lake Minnetonka's South Shore 3, & ,A Duplicate original (3 copies) AGREEMENT THIS AGREEMENT, made this day of , 199_, by, between, and among the CITY OF SHOREWOOD, a Minnesota municipal corporation ("Shorewood"), the CITY OF CHANHASSEN, a Minnesota municipal corporation, ("Chanhassen") and Or. James J. Meyer and Karen M. Meyer, husband and wife ("Owner"). WHEREAS, the Owner is purchasing Lot 1, Block 1, Cunningham Addition, Hennepin County, Shorewood, Minnesota ("Subject . Property") ; WHEREAS, the Owner and Shorewood have requested that Chanhassen provide sewer and water services to the Subject Property. Chanhassen has agreed to permit the Subject Property to connect to Chanhassen's sewer and water system, all subject to certain terms and conditions. NOW, THEREFORE, in consideration of the foregoing premises Shorewood, the Owner and Chanhassen agree as follows: . 1. Services Provided. Sanitary sewer and water services to the Subject Property shall be provided by Chanhassen, and Chanhassen shall directly bill the Owner for user charges. Shorewood agrees to promptly certify the fees as a tax against the property if the fees are not paid when due. 2. Permits and Charqes. Prior to connecting to Chanhassen sewer and water systems, the Owner shall obtain any necessary permits from the City. The Owner shall be responsible for paying Page 1 of 3 M~1\t A all applicable sewer and water connection charges, hook-up charges, inspection charges, meter deposits, and sewer availability charges. 3. Construction and Maitenance. The Owner shall be responsible for all construction costs and the continuing maintenance of the sewer service lines connecting the Subject Property with the Chanhassen sewer and water lines. 4. Sunsent Provision. If the Owner has not paid all applicable charges and connected to the Chanhassen sanitary sewer . and water systems within two (2) years from the date of this Agreement, this Agreement shall be null and void. IN WITNESS WHEREOF, the parteis hereto have caused these present to be executed on the day and year first above written. Dated: CITY OF CHANHASSEN BY: Donald J. Chmiel, Mayor (SEAL) ~D . Donald Ashworth, City Manager STATE OF MINNESOTA) ) SSe COUNTY OF CARVER~) The foregoing instrument was acknowledged before me this day of , 19 , by Donald J. Chmiel and by Don Ashworth, respectively the Mayor-and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Page 2 of 3 . . Dated: CITY OF SHOREWOOD BY: Robert B. Bean, Mayor AND James C. Hurm, city STATE OF MINNESOTA) ) SSe COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 199_, by Robert B. Bean and by James C. Hurm, respectively the Mayor and City of the City of Shorewood, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Dated: OWNERS Dr. James J. Meyer Karen M. Meyer STATE OF MINNESOTA) ) SSe COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 199_, by Dr. James J. Meyer and Karen Mm. Meyer, husband and wife. Notary Public DRAFTED BY: KNUTSON, STIER, KNUTSON EARLEY, SHERIDAN & BURNS 120 Midway Bank Buiding 14300 Nicollet Court Burnsville, MN 55306 (612) 435-7704 TWL/dmp Page 3 of 3 WATER CONNECTION AGREEMENT THIS AGREEMENT, made this 12th day of June, 1995, by and between the CITY OF SHOREWOOD, a municipal corporation, (the "City") and James J. and Karen M. Meyer of 6180 Ridge Road, Shorewood, Minnesota, (the "Applicant"). WHEREAS, Applicants have an interest in certain real property (the "Subject Property") located in the City of Shorewood, County of Hennepin, State of Minnesota, described as: "Lot 1, Block 1, Cunningham Addition" . . WHEREAS, the City owns a muncipal water system which does not presently serve the Subject Property; and WHEREAS, the Applicants desire to interconnect with the Chanhassen Municipal Water System and pay to the City of Chanhassen a connection charge therefor; and WHEREAS, the City is willing to permit Applicants to connect to the Chanhassen Municipal Water System provided that Applicants agree to the provisions contained herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1 . Applicants shall have the right to interconnect with the Chanhassen Municipal Water System and pay to the City of Chanhassen a connection charge therefor. 2. All work involved in such interconnection will be done according to City specifications and under City supervision and all expenses and costs connected therewith will be paid by Applicants. . 3 . In the event that City extends the Shorewood municipal water system to serve the Subject Property at some time in the future, Applicants agree to pay any assessment in connection therewith on the same basis as all other properties assessed at that time, and Applicants herewith specifically agree to waive any claims or defenses to said assessment based upon a theory of no benefit because of the water connection allowed herein. 4. It is further agreed by and between the parties that this Agreement shall run with the land and shall benefit and be binding upon their respective legal representatives, successors and assigns. 5 . That the Applicants record this Agreement with the Hennepin County Recorder or Registrar of Title within thirty (30) days of Chanhassen's approval of the connection. IN' WITNESS HEREOF, the parties hereto have caused this Agreement to be executed as of the day and year fIrst above written. ~~te> .. l\ ' .. . . CITY OF SHOREWOOD Applicant Robert B. Bean. Mayor Applicant James C. Hurm. City Administrator/Clerk Owner STATE OF MINNESOTA SS. COUNTY OF HENNEPIN On this day of , 199_, before me, a Notary Public within and for said County, personally appeared James C. Hurm and Robert B. Bean to me personally known, who, being each by me duly sworn, did say that they are respectively the City Administrator and Mayor of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said City Administrator and Mayor acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this ,199_, by James 1. and Karen M. Meyer. day of Notary Public STATE OF MINNESOTA SSe COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this , 199_, by day of. Notary Public June 7, 1995 Honorable Mayor and City Council City of Shorewood 5755 Country Club Road Shorewoo~ ~ 55331 . Re: Season's PUD State Funding Participation City Project 93-2 SP 2706-184 OSM File 5047.07 Dear Mayor and Council Members: Orr Schelen ~e~& AsSociates, Inc. 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 As you may recall, MnDOT agreed to participate in the funding of the storm sewer improvements on the referenced project, provided that they could pay in fiscal year 1995. The attached resolution asks for this participation now that the money has been budgeted by them. Please call me at 595-5695 with any questions. . Sincerely, ORR-SCHELEN-MA YERON & A559~ f g/J Joel A Dresel, P.E., LS. City Engineer encl. (H:\CML\NM\JAD\RESOLUI'N\SEASON.RES] Equal Opportunity Emp!oyer #35 CITY OF SHOREWOOD RESOLUTION NO. 95-_ A RESOLUTION REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION PARTICIPATION IN DRAINAGE IMPROVEMENTS FOR T.H. 7 IN THE SEASONS' DEVELOPMENT WHEREAS, pursuant to a resolution passed by the Council on July 26, 1993, the City Engineer has prepared plans and specifications for drainage and other improvements south ofT.H. 7 through the Seasons' Development; and WHEREAS, these drainage improvements benefit the drainage along and under T.H.7; and WHEREAS, the Minnesota Department of Transportation has approved said plans and previously agreed to participate in the funding of said drainage improvements. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota that cost participation for said drainage improvements by MnDOT is hereby requested. Adopted by the City Council of the City of Shore wood this 12th day of June, 1995. . Robert B. Bean, Mayor ATTEST: . James C. Hurm, Administrator/Clerk CITY OF SHOREWOOD RESOLUTION NO. 95- A RESOLUTION AUTHORIZING ENTRY INTO JOINT POWERS AGREEMENT IN THE FORM OF A DECLARATION OF TRUST ESTABLISHING AN ENTITY KNOWN AS "MINNESOTA MUNICIPAL MONEY MARKET FUND" AND AUTHORIZING PARTICIPATION IN CERTAIN INVESTMENT PROGRAMS IN CONNECTION THEREWITH WHEREAS, Minnesota Statutes Section 471.59 (the Joint Powers Act) provides among other things that governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the Minnesota Municipal Money Market Fund was formed in April 1987 pursuant to the Joint Powers Act by the adoption of a joint powers agreement in the form of a Declaration of Trust by a group of Minnesota Municipalities acting as the Initial Participants thereof; and . WHEREAS, the Declaration of Trust has been presented to this board and WHEREAS, the Declaration of Trust authorizes municipalities of the State of Minnesota to adopt and enter into the Declaration of Trust and become Participants of the Fund. WHEREAS, this council (or board) deems it to be advisable for this municipality to adopt and enter into the Declaration of Trust and become a Participant oflheEund far..the purpose .0fJbe joint..inYesJ:ment oLthis municipality's monies with those of other municipalities'soas 'to enhancethe;investment'emnings llccruingto each; and WHEREAS, this board deems it to be advisable for. this municipality. to make useJrOIn time to time, in the discretion of the officials of the municipality identified in Section 2 of the following Resolution, of the Fixed Rate Program available to Participants of the Fund. ., NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Action 1. This.municipality shall join with other municipalities in accordance with the Joint Powers Act by .coming a Participant of the Fund and adopting and entering into the Declaration of Trust, which is adopted by reference herein with the same effect as if it had been set out verbatim in this resolution, and a copy of the Declaration of Trust shall be filed in the minutes of the meeting at which this Resolution w~s ,adopted. The treasurer or clerk of this municipality is hereby authorized to take such actions and execute any and all such documents as they may deem necessary and appropriate to effectuate the entry of this municipality irito the Declaration of Trust and the adoption thereof by this municipality. Section 2. This municipality is hereby authorized to invest its available monies from time to time and to withdraw such monies from time to time in accordance with the provisions of the Declaration of Trust. The following officers and officials of the municipality and their respective successors in office each hereby are designated as "Authorized Officials" with full powers and authority to effectuate the investment and withdrawal of monies of this municipality from time to time in accordance with the Declaration of Trust and pursuant to the Fixed Rate Program available to Participants of the Fund: 3C!... Robert B. Bean, Mayor Signature James C. Hurm, Administrator Signature Theresa L. Naab, Exec. Secretary./Deputy Clerk Signature Alan J. Rolek, Finance Directorffreasurer Signature The treasurer shall advise the Fund of any changes in Authorized Officials in accordance with the procedures established by the Fund. Section 3. The Trustees of the Fund are hereby designated as having official custody of this municipality's monies which are invested in accordance with the Declaration of Trust. Section 4. State banks, national banks, and thrift institutions located either within or. outside of.the State of Minnesota which qualify as depositories under Minnesota law and are included on a list approved and maintained for such purpose by the Investment Advisor of the Fund are hereby designated as depositories of this municipality pursuant to Minnesota Statutes Section 118.005 and monies of this mupjcipality may be deposited therein, from time to time in the discretion of the Authorized Officials, pursuant to the Fixed Rate . Program available to Participants of the Fund. BE IT FURTHER RESOLVED that this Resolution is in fullforce and effectDD. this date, and such Resolution has not been modified, amended, or rescinded since its adoption. ADOPTED BY THE CITY COUNCIL of the.City.oLShorewoodlhis.J2thday.Df.JU..Tle, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator . Signature of treasurer of municipality Date , . . To: From: Date: Re: Mayor and City Council Teri Naab, Deputy Clerk June 8, 1995 List of Attachments Pertaining to Use of Regional Trail Attachment A - Memorandum from Karen Bowen dated 6/2/95 Attachment B - 4/6/95 Meeting Notes Attachment C - LRT Operations Plan Attachment D - Excerpt from Council Minutes of 12/12/94 Attachment E - Excerpt from Park Commission Minutes of 11/22/94 Attachment F - Excerpt from Council Minutes of 9/24/90 #:5" . . JUN - 5 1995 HENNEPIN PARKS Memorandum June 2, 1995 TO: Teri Naah, Deputy Clerk, City of Shorewood ~~ / FROM: Karen Bowen, Director of Operations, Hennepin Parks \1 SUBJ: June 12 Shorewood Council Meeting Appearance As you know, I will be attending the June 12 Council meeting, per your request, to discuss horses and the Southwest Regional LR T trail corridors. You suggested that I submit "supporting documentation" in advance. The materials enclosed are representative of meetings and correspondence relating to the issue of equestrian use on the trail. oh l/lrthorseuse HENNEPIN PARKS Memorandum May I, 1995 TO: Southwest Regional LRT Trail Advisory Committee FROM: Karen Bowen, Chair SUBJ: April 6 Meeting Notes . o Four-color maps of both corridors have been printed and will be distributed to city halls this week. Map enlargements will be posted at each kiosk and be available at all Hennepin Parks facilities, as well as city halls. o Hennepin Parks Public Safety Director Bob Gove described the kind of presence he intends Park Rangers to have on the LR T trail; a system for getting feedback from trail users is being considered (e.g., 3 x 5 cards seeking comments and/or suggestions for change or improvement). o A safety hazard near the Highway 7 bridge will be repaired ASAP. o Reaffirmed that horses are prohibited on all sections of the trail; trail regulation signs are in the works, as well as mile markers for the convenience of hikers, bikers, and runners, as well as for public safety purposes. . o Discussed locations for trash barrels and dumpsters; Hennepin Parks maintenance crews will place a dumpster at the Hopkins train depot site. o David Hawes of Tree Trust and Bill Brumfield of Hennepin Parks discussed the cooperative agreement between the County and Hennepin Parks, establishing procedures for youth and adult work crews to provide routine maintenance of the trail corridors. o Hennepin Parks staff is identifying the most serious water pooling locations. It was suggested (by Brumfield) that County work crews could assist with pumping water out of problem areas. o illegal dumping is increasing; notification of such activities should go first to Hennepin Parks unless, of course, a community is willing and able to dispose of the item( s) or materials (it's important to search refuse for indications of origin). ~ , /' -2- o Del Miller, of Hennepin Parks, reported on the status of the three "still- missing" bridges. New MNDot regulations have slowed the process, but it's hoped that the Valley View and 101 bridges will be installed this year. o Bike racks at key trail entry/exit points were recommended. o Still some problems with duplicative signage. o Hennepin Parks' sunset curfew in conflict with most community curfews (usually 10 p.m.). o Recommendation that city engineers remind developers that permits are required to cross the trail corridor. . o Bob Hill, Minnetonka Trail Coordinator, reported that top dressing is needed on portions of the trail parallel to Minnetonka Boulevard. o Six four-sided kiosks will be located at trail beginnings, endings, and mid- points. Hennepin Parks described the proposed contents, including one panel per kiosk for community information. o Judy McDowell, of Hennepin Parks, discussed the LRT Trail Dedication event planned for Saturday, June 3 (see attached memo). o Winter trail activities (both permitted and not permitted) were reviewed. . Hennepin Parks Trail Contacts: Public Safety Issues - Bob Gove, 479-1172 Maintenance Issues - Les Bundrock, 835-5844 Operational Issues - Karen Bowen, 559-6701 ohllapril95lrt PROPOSED LIGHT RAIL TRANSIT (LRT) OPERATIONS PLAN Hennepin Parks - June, 1994 o OVERVIEW Abandoned rail beds will be preserved for future light trail travel; Hennepin Parks will manage, not own, LR T trails. The two corridors (north and south) meet in Hopkins. Hennepin Parks "controls" 30 feet of right of way-l 5 feet either side of the center line. . The 15-mile north corridor (from Hopkins to Victoria) is partially developed and intensely used, particularly in Minnetonka (which allows dogs and plows for winter walking). The 11.5-mile southern corridor (from Hopkins to Bluff Creek Drive in Chanhassen) has not been used for trail purposes. An eight-car parking lot is planned for Bluff Creek Drive. . Surfacing throughout both corridors will be 10" crushed limestone. Required fencing, bridging and signage will be handled through the construction contract. . Maintenance will be minimal; to include trash pickup, surface maintenance, sign replacement, hazardous tree removal (within the right of way), and erosion control. The trails have been designed in accord with ADA and AASHTO standards. Opportunities for maintenance assistance, Le., brushing, litter pick-up, sign replacement will be explored with County youth programs, STS, Workhouse. There will be a need for a centralized dumpster location(s). Trail lighting is not contemplated. Development is slated for the summer of 1994, with completion in the fall. fJ ~ -2- o OVERVIEW (cont'd.) Anticipated LRT-related expenses (staff, equipment, replacement signage, public safety) must be addressed in the 1995 budget process. Storage of equipment may be approached through cooperative agreements with local communities to avoid constructing a new structure. Carver Park could be impacted by development of the north corridor, it will be an obvious destination for camping, picnicking, etc., and could be a good trail starting point, with ample parking. o USE SCHEDULE . LR T trails will be managed three seasons of the year; there will be no groomed ski trails, no plowing, no packing, unless handled by local community on the corridor. Any winter activity must be supported by written approval from the communities involved and will require certificates of insurance, including "hold harmless" stipulations. Winter maintenance will be handled by the local communities. Trail hours will be 5 a.m. to sunset to coincide with existing Hennepin Parks policy. From Hennepin Parks' perspective, the LRT trails will be dormant between . November 15 and April 1. Exceptions will be the responsibility of approving local units of government. o ACTIVITIES Three-season hiking and biking. Snowmobiling may be possible on the most westerly segments of both corridors; no grooming by the Park District. Individual communities may allow snowmobiling if they are willing to accept liability and hold Hennepin Parks harmless. -3- o ACTIVITIES (cont'd.) Dog walking will be either permitted or banned along the entire length of the corridors. If allowed, dogs must be on leash and owners must be able to show proof they are prepared to clean up feces. No in-line skating (not possible on crushed limestone). No hunting. No motorized vehicle traffic. . o FUTURE OPPORTUNITIES Scenic vistas. Fishing piers. Expanded parking. Signed access points, including information kiosks. Concession Sales (i.e., Baker's beverage cart). Electric vehicle(s) for maintenancelPublic Safety use. . o INTERGOVERNMENTAL COOPERATION Signage; there's a need for consistency and a need to point out community boundaries. Noting community policy differences, Le., winter trail use, will be the responsibility of local units of government. All signage must meet Hennepin Parks' design criteria. Trash barrels and trash pick-up may be handled by local communities, with reimbursement for services from Hennepin Parks. Trail mapslliterature could point out areas of interest in local communities such as restaurants, water, beaches, picnic grounds, telephones, tourist attractions. Encroachments will be an issue; many are long-term and will need to be handled through local community officials, as well as Hennepin Parks Rangers. ohllLRTone 4- Illegal dumping along abandoned rail beds is not unusual and could include hazardous waste; an issue for Public Safety. Additional local trail connections may be requested; decisions should be determined jointly by Hennepin Parks and appropriate local unit of government. Costs of developing and maintaining the access routes will be the responsibility of the sponsoring local unit of government. An LRT Trails Committee will be established; membership will include representatives of Hennepin Parks and all units of government along the trail corridor. The Committee should meet semiannually. . . e CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETh'fG ~10NDAY, DECEMBER 127 1994 CO UNCIL CHAi\tIBERS 5755 COUNTRY CLUB ROAD 7 :00 P .IVI. N{ I NUT E S 1. CONVENE OTY CO{JNCIL lVIEETING Mayor Brancel called the meeting to order at 7:00 p.m. She announced that at an E;tecutive Session prior to this meeting, the Council approved an agreement with the Metropolitan Council Wastewater Services that adjusts Shorewood's 1993 and 1994 sanicary sewer charges. A. Roll Call . Present: Mayor Brancel; Councilmembers Benson. Daugherty, Lewis, and Stover; Administrator Hunn.. City Engineer Dresel, City Attorney Keane. Planning Director Nielsen, and Fmancial Director Rolek. . . B. Review Agenda Nfayor Brance! stated the Joint Work Session with the Planning Commission scheduled to follow this meeting is canceled. Daugherty moved7 Lewis seconded to approve the agenda for December 127 1994~ LVlotion passed 5/0. 2. APPROVAL OF lVIINUTES City Council Regular Minutes - November 29, 1994 . ;f 3. Lewis moved7 Stover seconded to approve the Regular City Council LVleeting Minutes of November 29, 1994. lVlotion passed 5/0.. PARKS . Report by Representative Commissioner Wilson reported that at its November 22 meeting, the Park Commission lln~n;mously recommended to the Council thac it accept the Hennepin County policy thac prohibits horses on the regional trail. The Hennepin County Regional Park District assumed responsibility of the Regional Trail System in 1993. The Council discussed the cur.rent CicylPark policy and its history, considered the objections to horses on the crail identified by the Park. Commission. aoted complaints or injuries have not been recordetL agreed that horses should continue to be allowed on the Shorewood portion of the regional trail system. and considered options available to appeal the County's prohibition of horses on the crail system. Daugherty move~ Lewis seconded to re-submit the issue of allowing/prohibiting horses on the trail corridors to the Park Commission for review including pursuing exemption from the County prohibition, so that horses will continue to be allowed on Shorewood's tnil system. JYlotion passed 5/0. b '" "'" -.. /' /. . . . . . CITY OF SHOREWOOD PARK COiVnvrrsSION MEETING TUESDAY, NOVEl\IffiER 22, 1994 CO{JNCIL CHAMBERS 5iS5 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CALL TO ORDER Chair Jennifer McCarty called the meeting to order at 7:05 p.rn. 2. ROLL CALL Present: Chair McCarty; Commissioners. Dzurak. Bensman, Martin and Wilson; Administrator HU1'IIl; Council Liaison Benson. Absent: Commissioners Colopoulos and Fuller. 3. REVIEW AGENDA There were no changes or additions. 4. APPROVAL OF MINUTES Bensman moved, Martin seconded, to approve the minutes of Tuesday, October 25, 1994, with the following corrections: Item No.8, Title "Hennepin Country" should be changed to "Hennepin County". Item No.7, Paragraph 3, the words "by police" should be added to the last sentence. The sentence would read "No curfew violations were observed by police." Item No.5, Page 2, Paragraph 4, make a correction on the spelling of the name of Vicky Rosso which should be Rossow. lVlotion carried 4/0 with Wilson abstaining. *- 5. DISCUSSION OF ALLOWING HORSES ON REGIONAL TRA,lL Commissioner Dzurak explained that several horse owners had approached the City Council direcdy on September of 1990, and asked that they be allowed to ride their horses on the Regional Trail. The City Council gave them permission. Last year the Hennepin Regional Park District took over responsibility of the Regional Trail system. rnis fall they presented their southwest regional trail corridor operational plan, that plan srates that horses are prohibited throughout the trail corridors. Commissioner Wilson stated that he does not like horses on the trails. He feels that bikers and walkers do not mix well with horses. He also does not like horse droppings on the trail. Mary Bensman srated that she likes horses and would like to be able to allow them. C 1-- . . t L ,.. ::.. SHOREWOOD PARK COMlVllSSION MINUTES TUESDA Y. NOVEMBER 22. 1994 Page 2 of :; . Dzurak moved, Wilson seconded, to: 1) recommend that the City Council accept the County policy prohibiting horses on a regional trail, 2) recommend that if the City Council disagrees with this recommendation, that the Park Commission should be directed to pursue a change in the County policy, and 3) recommend that horse permit holders be notified annually through the City horse permit process that the Park District does not allow horses on the trail. Motioned passed unanimously. 6. PLANNING FOR SILVERWOOD PARK AREA TURF TRAIL PUBLIC HEARING A draft notice document was presented to the Commission by Administrator Hurm. The Commission felt that the term "Turf Trail" should be further explained by inserting after it "(grass . path)". The Commission also felt that a separate sheet should be provided to allow an input . opportunity for those who are unable to attend the hearing. The notice then will consist of a short description of the situation, a map identifying the location of the proposed trail, a copy of the one page narrative attached to the petition signatures (petition received requesting the City to cancel plans for completion of the trail project.), and a comment sheet. The Commission detennined that this notice should be sent to every property owner south of Highway 7 and east of Shore Road. Chair McCarty relayed the discussion that was held at the last City Council meeting to the members of the Commission. It was clarified that the public hearing which is to be held on this issue by the Park Commission would result in a recommendation to the Planning Commission, who will officially hold the Comprehensive Plan public hearing probably in February, 1995. It is only after that public hearing and official action by the City Council that the Trail Plan. which is a portion of the City's Comprehensive Plan, can be officially amended. During the general discussion, there was a consensus of the Commission that, although the hearing . is regarding the question of whether the proposed trail should be included in Shorewood's Trail Plan. the property should be kept as City owned green space no matter the outcome. of the hearing. The Adrnini~trator was asked to research methods to assure that all of these lands remain open public green space. Following the general discussion, it was detennined that the public hearing should be held Tuesday, December 13, 1994, at 7:00 p.m. Following the public hearing, the regular Park Commission meeting will be held. 7. MATTERS FROM THE FLOOR The Commission reviewed a draft letter to the residents who had petitioned regarding the Platform. Tennis. The letter was approved to be sent immediately after Thanksgiving. . l. > .. C I Tf 0 F SHORF'ilOOD REGULAR CITY COUNCIL MEETING MONDAY. SEPTEMBER 24. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 11 H~ugen said the City Engineer can be inst~ucted to check on this. Gagne said that: many peol?le have been involved in this for a long time and something must be done. RESOLUTION ORDERING PREPARAT!ON OF A FEASI:3ILITY REPORT ON THE SHADY HILLS DRAINAGE SYSTEM. RESOLUTION NO. . 10S-90 On Oc~ober 8. 1990 there will be a Public Hearing to establish a Shady Hills Subwatershed District. Stover moved. Branca I seconded. to adopt RESOLUTION NO. 10S-90. "A Resolution Ordering P~eparation of a Feasibility Report on the Shady Hills Drainage System." . Motion carried 4/0 on a roll call vote. PUBLIC INQUIRY USE OF HCRRA TRAIL EY HORSES PETITIONER: KEITH 3EJ.11:.S - 5595 EUR!:.KA RD. . ~r. Bettes said he recently purchased his property with the unders~anding tha~ horseback riding was allowed in Shorewood. The Sept. 5th article in the Sailor said horseback riding was not allowed on the HC~~ trail. He would like to know why i~ is not allowed. ~iere are no postings or designation as a City recreational area. Haugen said the Park Commission usually advises the Council about these things. Bettes said the Park Director never said anything to him about this. How is the public notified about this? Stover said this came up at a Park Commission meeting. Gagne said the trail became part of the Park system when it was developed. The Park Commission has banned riding on recreational land and Parks. Bettes said the use or horses in Shorewood is minimal and he would like to have the Council approve horseback riding on the trail. Haugen said he should gO to the Park Commission. Bettes said Sue Niccum. Park Director~ told him to come to the Council. RENEE FOSTER ~~. Foster said she is the one who rlaes the horse. She said Excelsior and Victoria allow access to the trail. Haugen said she has no I?roblem with this. Stover said the Park Commission should handle this. Nielsen said the Park Commission told Sue Niccum to put the article in the 9aper and so the Staff relt they had made their ideas known. Any further discussion should be before the City Council. Stover felt there should be a difference between a t~ail and a Park. LUTh"ER HAZEY - BURNET REALTY John and Kathy He~~ood owned che ?ro;:'e~:. 'Of .::......,..... ..:..'~.I. 14 .fea:-s and. hac:' used. ...- }- .: . ,,... ~ - ..- . . -..,. -....., ,..... ..,;' .-....... ~ :: .;:::. -~-/,:!'.~ crrt OF SHOP~NOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 24, 1990 .. . .1 '!Ii Brancel said that ~he trail was not previously a walking and biking tra i 1 . COuNCIL CHAMEE?S 5755 COUNTRy C:UE ROAd PAGE 12 Brancel moved, Gagne seconded, to allow horses to ride on the Hennepin County Light Rail Transit Trail. Gagne said he will vote for this but would like some Council support for allowing snow~obiles co use the trail in the winter. Stover felt there should be a difference becween motorized and non- motorized vehicles. She wanced to know how the Subject came to the Council's attention. Nielsen read from the Park Commission minutes of Aug. 28, 1990. They received a complaint from a resident concerning horse drOPPings on the trail. The Park Commission then told Niccum to place the ar~icle in the Sailor. ED VOGT - GRANT LORENZ ROAD .. l'f.r. Vogt said he would not mind horses on the trai 1 but he ',.;ants tnem to clean Up. He said there are more walkers than riders. Brancel said she would like to encourage the reslaents to clean up after their horses but knows this would be impossible to enforce. KA ThLEEN R I LEY Ms. Riley said she used to !lVe here. She said outside riders do use the trail and would not clean up after horses. Gagne said the trail should be used by everyone. includ~ng snowmob i l ers . GARY AND MAUREEN CARLSON 3831 W. 62ND ST. Cr.ANHASSEN' . Tney have lived there for twenty three Years. The trail runs next to his house. He does not object to any use of the trail. He feels it should be open to all residents. Any use of it is alright with him. He commendecr the Ci~y Council for all the work they do. Haugen said she was grateful to hear his comments. Motion carried - 3/1 (Gagne). WATERFORD r r r A- ESCROW AGREEMENT FOR PREPARATION OF RESOLUTION NO. 106-90 PLANS AND SPECIFICATIONS FOR PUBLIC rMPRO~~S. Froberg said this prOvides for an interim letter of credit or cash escrow by the Developer. Haugen asked what would happen if the City backed out of the agreement before Dec. 1. 1990. Froberg said the City is bound by the terms because it has already signed the aqreement. Gagne asked wha~ Froberg reco~mends for the letter of credi~/cash escrow amount. Froberg recommended 575. GOO. the :7.111 amou~:. cf t::e eXC'o:-nses expec~ed co be incurred. ,-- 'l' ... " CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDA Y, MAY 23, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES DRAFT 1. CALL TO ORDER Chair Mary Bensman called the meeting to order at 7:45 p.m. 2. ROLL CALL Present: Chair Bensman; Commissioners, Dzurak, Martin, Puzak, Wilson; Council Liaison McCarty; and Administrator Hurm. Absent: Commissioners Trettel and Colopoulos. 3. REVIEW AGENDA . There were no changes or additions. 4. APPROVAL OF MINUTES Dzurak moved, Martin seconded, to approve the minutes of Tuesday, April 25, 1995. Motion passed unanimously. 5. MATTERS FROM THE FLOOR Chris Lizee. 27055 Smithtown Road, speaking as resident and Planning Commissioner, reported that Lundgren Brothers is willing to dedicate four acres of the future 75-acre development site as open space along the north side of Smithtown Road. Residents are interested in a bike/hiking trail in that area. Chris located the area on a map for those present. Discussion followed about possible bird-watch area, car pull-off space and connections to future trails. Martin recommended that the Commission have a tour at the site prior to a future meeting. It was decided that more information was needed before considering possible options and that there would be plenty of time for further discussion. . 6. REVIEW PARK TOURS The Park Tour (Part II) began at 6:00 p.m. at Silverwood Park and moved on to Manor Park and then on to Crescent Beach. Freeman, Badger and Cathcart Parks were toured on May 11, 1995. FREEMAN Hurm stated that the consensus was that there would be no bushes planted along the side of the concession stand and that the location of future tennis courts should be moved to the east side of the softball fields. Other ideas were mentioned about the use of the parking lot as a free skating area, the possibility of paving the parking area, possible landscaping, and placement of volleyball area and picnic shelter. CATHCART Hurm noted that the west swing needs repair and the slide needs attention as well. Both small buildings need to be removed. Hurm reported RFP's will be sent to two suppliers of playground equipment. Martin mentioned that a resident recommended that a section of fencing be added as a screen to block bicycles from the tennis courts. ! 5 i ~/-~ ~f.// .. ""1.... ~ SHOREWOOD PARK COMMISSION MINUTES TUESDA Y, MAY 23, 1995 Page 2 of 3 BADGER The tennis court has some major cracks which are priced at $800 for repair. The issue of moving the hockey boards and/or enlarging the free skate area was discussed. Bensman noted that the football field is in bad shape and Hurm explained the agreement with the football organization. The question of future use by a Senior Community Center was raised as it may affect plans for further development of the park. The football association should be told that they are welcome to make improvements, but that the designation of the space may be temporary. Bensman concluded that the three main areas of concern are the cracks on the tennis courts, larger free skate area and the need to move the hockey boards in late summer. SILVERWOOD Needs for improvement include; solving the erosion problem on the hill along side of the tall slides, rickety railings around wellhouse, and the washout area by the wellhouse. It was suggested that the planting of shrubs would prevent erosion and keep traffic on the steps and slide only. Hurm asked about the low spots in the open grassy area. After discussion, it was decided that the first step is to check with the landscaping contractor about repairing bald and low spots in grass before turning this over to maintenance. Hurm will check with Don about the orange fencing on the north end of the former trail. There had also been a concern expressed by a resident about . the stone retaining wall being too close to the swings. It was also noted that it appears that people had been on top of the wellhouse and the question of how to prevent the problem was discussed. MANOR A resident requested the addition of a baby swing which could be added in one of the two empty slots on the existing swing set. The tennis court has many cracks and some apparent root damage which may need to be addressed. A suggestion was made that the old play area which is still full of sand could easily be converted to a second volleyball. court. This idea was supported by a resident noting that there is heavy use of the existing court. Hurm questioned its proximity to the future parking area and suggested that the Park Planner could take a look at the possibility. There is also a need to install new flooring in the warming house due to significant water damage from winter. Public Works will regrade the area around the entrance to prevent future drain problems there. A decision needs to be made about what type of flooring surface is to be used. Fencing and plantings around the satellite were noted as unfinished projects. Horseshoe pits were also considered briefly, but noise pollution is a possible concern. CRESCENT The only recommendations for Crescent are to clean the shoreline and enjoy. Puzak moved, Martin seconded, as a result of the Park Tours, to recommend to Council one change to the Comprehensive Plan to relocate the proposed tennis courts at Freeman Park to an area east of ballfield #6 and reduce the number 0 f courts from three to two. Motion passed unanimously. Puzak will make adjustments in the report to the City Council to show these changes. Wilson will report to the June 12 City Council meeting. . 7. REPORT ON PARK FESTIVAL HELD MAY 20. 1995 It was agreed that the report will be postponed until the June meeting due to Sandy Trettel's absence. A suggestion was made that Thank You's be sent to Trettel and others who contributed. Bensman will take care of these and flowers for Sandy. There will also need to be a follow-up meeting to wrap up [mal details. Some suggestions for next year were to have music suited to a broader age group, to obtain a permit to serve beer, and to have a "Must be present to win" policy y... c-,. SHOREWOOD PARK COMMISSION MINUTES TUESDA Y, MAY 23, 1995 Page 3 of 3 for prizes. Overall, the event was well received and many positive comments were heard from those who attended. 8. REVIEW PLAN FOR CATHCART PARK PLAYGROUND INSTALLATION Hurm recommended that the two firms whose equipment have been installed in 1993 and 1994, would have the opportunity to present their proposals at the June 13 Park Commission meeting (one at 8:00 and the other at 8:30). The Park Commission will then make a recommendation to the City Council on June 26. This plan was agreeable to all. 9. REVIEW HISTORY OF PARK IMPROVEMENTS Hurm presented a list of past park contributions and involvements of team organizations and described his conversation with Tonka United Soccer and the results of his meeting with them. He also reported on a meeting with the City Manager of Minnetonka regarding the Bennett Family Park, which led to the conclusion that a Joint Facilities Planning group would be a good idea for the future. . 10. COMMISSIONER REPORTS: Martin asked about having a phone list for City staff and organizations which would include the names of spouses. Names were provided as follows: Wilson - Peggy Bensman - Kirk Rosenberger Martin - Steve Dzurak - Not provided Puzak - Colleen Trettel - Not present Colopoulos - Not present 11. ADJOURNMENT . There being no further business, Puzak moved, Wilson seconded, to adjourn the meeting at 9:27 p.m. Motion passed unanimously. The Park Commission will meet on June 13, 1995 for a regular meeting and to interview vendors for prospective plans for playground equipment at Cathcart Park. RESPECTFULL Y SUBMITTED. Connie D. Bastyr, Park Secretary . ..~ Ii History of City of Shorewood Park Improvements Freeman Park Roads/Parking Lots: Constructed by City. Little League Field: Little League built and gave field to City. Little League was responsible for maintenance for 15 years. City has been maintaining for the last 5 years or so. Little League Field #1 Benches. Bleachers. and All Other Improvements: Paid for by South Tonka Little League. Trees: Donated and moved to Freeman Park by Jim Wilson's equipment. Babe Ruth Field: Private donation. City did some grading. Little League Association laid sod. . Babe Ruth Field Benches and Bleachers: Donated by South Tonka Little League. ConcessionlMulti-Use Building: Built and paid for by South Tonka Little League. Field #3. Fence. Dugouts. Underground Irrigation. and Bleachers: Built by Tonka's Men Club. Former BMX Track (at Field #3 site): Built by volunteers. South Playground Equipment: Constructed by volunteer neighbors and paid for by City and American Legion. Three Softball Fields: Built by City. Softball Association hires someone to chalk and help with minor maintenance. . Softball Bases: Installed and paid for by Softball Association. Softball Field Improvements: Money donated by Softball Association for additional improvements (several thousand dollars per year). North Playground Equipment: Paid for by City, Softball Association, and Soccer Association (113 each). Installed by City and volunteer help. Soccer Area: Includes underground irrigation. Constructed and paid for by City. Trails: Built by City and layout by volunteers. 5/95 J.lI ~.. . History of City of Shorewood Park Improvements Badger Park Hockey Rink: Original rink built and paid for by Hockey Association. Current rink (replacement of boards) paid for by American Legion and constructed by City. Ice maintained by City. Free Skating Rink: Ice maintained by City. Hockey Rink Lights: Provided by Hockey Association, NSP provided truck and manpower, and the wiring done by a licensed volunteer. Hockey Nets: Built by volunteer. Rink Attendants (during skating season): Paid for by City. Playground Equipment: Material paid for by American Legion and City paid for installation. Warming House: City paid for materials and constructed by City and volunteers. 12/78 . Football Field: Football Association has done some maintenance of field. Football Field Lights: Provided by Football Association. Trail and Bridge: Installed by Tree Trust. Tennis Courts: Built by City. Cathcart Park Playground Equipment: Material paid for by American Legion and City paid for installation. Warming House: Building donated to City, originally from Badger Park, moved to Cathcart in 1978. . Hockey Rink: Original rink built and paid for by Hockey Association. Current rink paid for by American Legion and constructed by City. Ice maintained by City. . Hockey RinklFree Skating Lights: Provided by Hockey Association, NSP provided truck and manpower, and wiring done by a licensed volunteer. Hockey Nets: Volunteers and City. Free Skating Rink: Constructed and maintained by City. Rink Attendants (during skating season): Paid for by City. Baseball Field: Little League Association. 5/95 ~.~ 10,.. . . History of City of Shorewood Park Improvements Cathcart Park (continued) Concession Building/Storage: Little League Association. Fence along Church Road: City of Chanhassen. Back Stop Fence: Little League Association and City. Manor Park Playground Equipment: Original equipment constructed by City and paid for by American Legion. Current equipment constructed by volunteers and paid for by City. Ball Field: Built by City. Warming House: Built and paid for by City. Volleyball Court: Built and paid for by City (includes net). Tennis Court: Built and paid for by City (includes net). Skating on Pond: Ice maintained by City. Rink Attendants (during skating season): Paid for by City. Hockey Nets: Paid for by City. Silverwood Park This neigborhood park was built and paid for by the City. The playground equipment was installed by volunteers. The stairs were built by Tree Trust. 5/95 MEMORA.NDUM . TO: FROM: DATE: RE: FILE NO. 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 Mayor and City Council Brad Nielsen 8 June 1995 Heritage P.D.D. - Proposed Resolution 405 (94.09) As this packet goes to press the above-referenced item (#7A) has not been completed. It will be sent under separate cover. Sorry for any inconvenience! cc: Jim Hurm Tim Keane Joel Dresel . A Residential Community on Lake Minnetonka's South Shore 7A- ~ CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING A P.U.D. CONCEPT PLAN FOR LUNDGREN BROS. CONSTRUCTION, INe. WHEREAS, Lundgren Bros. Construction, Inc. (Applicant) has an interest in certain real properties located in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for approval of a Concept Plan for the construction of a residential planned unit development known as Ledin/Wartman/Minnewashta School Property, containing thirty-three (33) single-family lots on approximately 75.4 acres of land; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated . 27 April 1995, which memorandum is on fIle at City Hall; and WHEREAS, the Planning Commission at its regular meeting of2 May 1995 recommended approval of a Concept Plan for the LedinIW ar'".manlM.:nnewashta School Property P.U.D., subject to conditions; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting of 22 May 1995 at which time the City Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the City Council from the Applicant and City staff; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . . 1 . The Applicant's request for approval of a Concept Plan for the LedinlWartmanlMinnewashta School Property P.U.D. is subject to the following conditions of approval: (a) This approval allows a density of 1.1 unit per 40,000 square feet of net buildable area (as opposed to a specific lot count), which will be based upon more detailed survey informatioc. to be provided in the Development Stage of the P.U.D. process. (b) Required minimum setbacks within the P.U.D. shall be as follows: Front: Rear: Side: Side yard abutti~g a street: * exceptfor wetland lots (c) The proposed circulation system willlcop from Smithtown Road, creating two means of ingress and egress for the P.U.D. 35 feet 40 feet * 10 feet 35 feet 1,'? ~ (d) A 35-foot natural buffer will be maintained adjoining all City designated and Wetland Conservation Act wetlands. This buffer shall be increased to 50 feet for lots numbered' 23 through 31. (e) A 15-foot structure setback shall be maintained from the buffer areas referenced in (d) above. (f) The Applicant snaIl dedicate wetland conseryation easements over the City designated and Wetlar-d Conservation Act wetl'ar.ds and the buffer area required i~ (d) above. (g) Upon completion of fmal grading, the Applicant shall place survey monuments locating the wetland buffet.~". O~ ~ach IN. (h) Protective covenants. for the P.U.D. shall clearly set forth provisions for protecting the wetlands (i.e. no dumping of Y21'd waste, no fencing, no site alteration, etc.). . (i) The Applicant shall provide with his development stage plans, a detailed landscaping plan for the peninsula lots. The landscape pla.'l shaH be subject to approval by the City. U) A minimum distance of 50 feet shall be mai.."!tamed bet'Neen the two future homes to be built on the Peni~sula : (k) The common driveway serving the two peninsula lots shall be kept out of the 35-foot wetland buffer a:ea to ~he extent pCEGible. . (I) A 25 percent hard surface restriction shall be imposed on the two peninsula lots. (m) The Applicant shall submit a tree inventory 2.1"1d reforestation plan as part of the development stage plans. . . . (n) The P.U.D. shall be connected to the municipal wat~r system and shall be subject to the assessment and connection policies in effect at the '. time the final plan is approved. 2. City Council approval of the Cc~ceptPlan is :;ubject to all applicable. standards, regulations, and requirements of the Shorewood City Code, including, but not limited to the following: (a) Section 1201.04 Subd. 1. regarding the procedures for review and approval of conditional use permits; (b) Section 1201.06 Subd. 3. regarding special procedures for the establishment of a P.D.D. by conditional use permit; (c) Section 1201.25 Subd. 6.(b)(1) regarding the purpose of concept plan approval. - 2 - . . .( 3 . Approval of the Concept Plan is not intended, nor does it act to grant approval of a Development Stage Plan or Final Stage Plan which are required pursuant to Section 1201.25 Subd. 6.(c) and Cd). CONCLUSION 1 . The application of Lundgren Bros. Construction, Inc. for approval of the Concept Plan for the LedinIWartmanlMinnewashta School Property P.U.D. as set forth above is hereby approved. 2. Adopted by the City Council of the City of Shorewood this 12th day of June, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administnitor/Clerk ... - ,) - . . .. Le2a1 Description: "That part of the Southeast 1/4 of the Northwest 1/4, Section 32, Township 117, Range 23, described beginning at a point on the South line of said Southeast 1/4 of the Northwest 1/4313.5 feet East from the Southwest comer of said Southeast 1/4 of the Northwest 1/4; thence East along the South line of said Southeast 1/4 of the Northwest 1/4 165 feet; thence North parallel with the West line of said Southeast 1/4 of the Northwest 1/4330 feet; thence East parallel with the South line of said Southeast 1/4 of the Northwest 1/4264 feet; thence North parallel with the West line of said Southeast 1/4 of the Northwest 1/4 to the North line of said Southeast 1/4 of the Northwest 1/4; thence along said North line 429 feet more or less to its intersection of a line drawn parallel with the West line of said Southeast 1/4 of the Northwest l/4 from the point of beginning; thence South along said parallel line to the point of beginning except that part thereof described as the West 115 feet of the South 378.78 feet as measured along the Southerly and Westerly line thereof." P.I.N. 32-117-23-24-0011 "That part of the Southeast Quarter of the Northwest Quarter (SE 1/4-NW 1/4) Section 32, Township 117, Range 23, described as follows: Commencing at the Southwest comer thereof; thence north along the West line thereof a distance of 200 feet, to the point of beginning of land to be described; thence east and parallel to the south line thereof, a distance of 145 feet; thence south and parallel with the west line thereof, a distance of 200 feet to the South line thereof; thence east along the south line thereof a distance of 20 feet; thence north and parallel with the west line thereof, a distance of 31.29 rods; thence east and parallel with the south line thereof a distance of 9 rods; thence north and parallel with the west line thereof a distance of 48.71 rods to the North line thereof; thence west along said North line a distance of 19 rods to the Northwest corner thereof; thence south along the west line thereof a distance of 1165 feet; more or less, to a point 200 feet north of the Southwest comer thereof, the point of beginning, subject to an easement for driveway purposes over and across the East 20 feet of the West 165 feet of the South 200 feet of said SE 1/4 of NW 1/4, according to the government survey thereof." P.I.N. 32-117~23-24-ooo2 "Tract A, Registered Land Survey No. 1064." P.I.N. 32-117-23-23-0001 Exhibit A \c. . . ...' 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: DA1E: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 30 May 1995 King, Wallace - Simple Subdivision/Combination and Setback Variance 405 (95.12) BACKGROUND Mr. Bruce Levin, representing Wallace and Judith King, proposes to change the property line between the King's lot at 25620 Birch Bluff Road and their son's lot at 25660 Birch Bluff Road (see Site Location map - Exhibit A, attached). The proposed division and combination is part of a plan to provide room to expand the King's existing home as shown on Exhibit B. Since the King's house is too close (5') to the Eureka Road fIre lane, the request includes a setback variance for the addition. The subject properties are zoned R-IC/S, Single-Family Residential/Shoreland. The King's lot is currently 66 feet wide and contains approximately 15,162 square feet of area. Wallace King proposes to buy approximately 33 feet from his son, whose lot is 133 feet wide and currently contains 30,549 square feet. The subdivision and combination will result in both lots being 100 feet wide. Wallace King's lot will contain 22,587 square feet of area, and Robert King's lot will contain 23,124 square feet. The existing home (see Exhibits D and E) contains 1771 square feet of area on the main level, plus a 484 square-foot bedroom area on the second level. The remodeling will replace a 14' x 22' (308 square feet) detached garage with a 804 square-foot attached garage (see Exhibits F- H). The upper level will be increased to 936 square feet. The King's request is explained in a letter, dated 1 May 1995, prepared by Mr. Levin (see Exhibit C). Building plans are shown on Exhibits D through H. ANAL YSIS/RECOMMENDATION Based upon a review of the applicant's request and applicable City codes, the following issues are raised: A Residential Community on Lake Minnetonka's South Shore $7(" , Re: King, Wallace Subd.lCombination and Setback Variance 30 May 1995 page two A. Proposed Division/Combination. The R-1C/S zoning district requires lots to be 100 feet wide at the building line and 20,000 square feet in area. At 66 feet wide and 15,162 square feet in area, Mr. King's lot does not conform to R-1C/S requirements. The proposed division and combination results in both lots conforming with Shorewood zoning requirements. B. Setback Variance. In purchasing additional property, Mr. King's home and proposed addition comply with the side yard setback which requires a total of 30 feet. However, since the Eureka Road fIre lane abutting the east side of the lot is technically street right-of- way, a thirty-fIve foot setback is required. Mr. King has requested a variance for the addition to be 10 feet from the tire lane. . Some precedence has been set for treating fIre lanes more as City-owned lots rather than street right-of-way. A similar request was granted in the past for the fIre lane on the west side of Lake William. It is worth noting that, following a lengthy fIre lane study, the City decided to retain ownership of fIre lanes for lake access, rather than vacate them. In essence the fIre lanes are more like park property than street right-of-way. For example, the Eureka Road fIre lane is designated as a Class ill fIre lane which allows pedestrian access to the lake, fIshing, and launching canoes and small boats not requiring a trailer. At the direction of staff, the applicants have designed the proposed addition to jog in so as to be 10 feet from the east property line. . The applicant mentions a front yard setback because the house is not 50 feet from Birch Bluff Road. There has apparently been some miscommunication or misunderstanding on the setback requirement. The R-IC district requires only a 35-foot front yard setback. Consequently the proposed 43-foot setback more than complies with zoning requirements. . The net result of the applicant's proposal, despite the variance request, is greatly increased conformity with Shorewood' s zoning requirements. Granting of the variance is necessary in order for the applicant to make reasonable use of his property. Approval of the subdivision/combination and setback variance is therefore recommended subject to the following conditions: 1 . The applicant must submit a certifIcate of survey for both properties, including any existing easements and encroachments, and complete legal descriptions for the existing parcel. 2. The applicant must provide up-to-date (within 30 days) title opinions for the two existing parcels. 3. The applicant must provide a deed to the City for a ten-foot drainage and utility easement along the east side of Mr. King's easterly property line. 4. Since no new lots are being created, sewer charges and park dedication fees are not required. . . Re: King, Wallace Subd.lCombination and Setback Variance 30 May 1995 page three 5. Items I - 3 must be submitted by 23 June in order to be on the 10 July Council agenda. 6. Upon receipt of the Council resolution approving the request, the applicant must record it with Hennepin County within 30 days. BJN:ph cc: Jim Hurm Tim Keane Joel Dresel Bruce Levin Wallace King ~ , ~ ..... " c ~ .- ~ 01 ;j c -4 . ~ ~ l- ei- (' ...- '::;L j - t (' ~ 't ~ Q ~ I . '" ~ "" - ,... - ~ 'r 99 ( S!:/ ~ ~l '6~L " ": / J,_LS "6 /6 . M.r-".L<;./-' 0.... .. - ".t;- 0".,- ~ ,... I.:1Ft =io-~t"'I:1;,j ~ w 1"'1 W;-" J.V8 V)fNOI :10 1.1IJ I' :':1' OOO~3HOHS:1 AII:J ~ - ,.., ,. ,... . ... 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I . . , tt "OZ~ ' ~ J' ... -- IS -S;Z JS. ZJ..t ~ ~ ~ ..... 0> N ~ ~ ~ "'" ~ ~ ,., Exhibit A SITE LOCATION King - Subdivision/Combination and Setback Variance '. "" -==> .~ 0 LA~ Lake Elevation April l"\ t ~~ .,~~ 25. 1995 = 9JO.14 929.4 Contour. Shoreline . 1 "'~ I ? I I ~ I , I +I 0 <0 I I 1 \ \ 974.8 \ /" -~ . .._- 9..1'0 . , -~T , Proposed ,,10ft.. ,'Nide Dt'<linoge. UtIlity Easement ~~~i~ . \~l~ ~" ft"l!ltl:ll. fTj 0 . -It c c . - let \i~ I f,."f'~ ~ ~w' Propose Une. Q.~ision --133.38-- - , I ._- --r-=-:- / .... _ ,-.3080- x 9728 I '1() ~'O 976.4 x 976.J Concrete Slab . ,r- 75ft. Buiidi"9 Setback Line. ---' ---''--.---,--------- : x 97 J.6 976.2 x 976.0 PROPOSED 973.0 x x 975.4 PARCEL 2 I . ," I I I I i 97J J .. # / / PARCEL 9i6.5 r Concrete '" Rock , Walk ,/ -+- ~~ ~1 .9.>- ~.>- .9.>- r 'r w b o in ,., b ,z N 9:><" ~ to o .. N r'.ai ^. :;; 9>80 / , . F ~~. ~~. v. ~ ~ 25660 r rr , j ~ HOUSE , ~ '" (;; . :a. V / '.;;v '4'V/ / / / / /37..3// / / / :--k:. 'I ~'\.., 16 , ,~ Ii 25620 HOUSE &~~i~ ~ '/~1,8 ,- /. ~Con ~ Pcrti :---. co 9. 979.0 ,'0 t.,~rt . ~~. ,.,.~..+ + .9.>- q" x :o.Jt"'. --.9 Edge of Existing.> --- :.>'" Bituminous Roadway '.9 F r:- __-......->r9;..8 \J--+---BLU I -- __8\RC0 "'~r -- "-.J -- -r- g)-S< ~ v''''' 'O~ . R 0 AD \----., 5-- Exhibit B PROPOSED SITE PLAN ~ v' '.. , %t '" .... ! ~ C ~ - ~ ~ I ,,- ,,-+ . " II) or; I 1\ .. ~ 1- j . L!I . '.f) t ~ t if . ~ c -c ~ ., ., ;;: .I 't' r . May 2. 1995 Mr. Brad Nielson City of Shorewood 5755 Country Club Road Shorewood. Minnesota 55331 Dear Mr. Nielson: . On behalf of my clients Walace and Judith King, with this letter I am submitting an appl ication for variances and sub-division which wi I I be required for the proposed improvements to the King's property at 25620 Birch Bluff Road as described in the attached documents. As of this year, the property at 25620 Birch Bluff Road has been owned and oCcupied by the King fami Iy for 50 years. Two years ago. the Kings reached the decision that after many years of enjoying their Birch Bluff property as primari Iy a summer res i dence, they wished to se I I the i r M i nneapo lis home and convert and expand the Birch Bluff property into a year round residence. . Although the King's eXisting structure on Birch Bluff Road is structurally sound and adequate for use primari Iy as a summer res i dence, its present size and cond it ion is not that of a year round residence by tOdays standards. Therefore. the decision the Kings have made to convert the Birch Bluff Road structure to a year round residence, is contingent on their being able to remodel and expand the existing structure in a way that wi I I afford them the level of comfort they require. The attached plans, elevations and site plan represent the King's minimum functional requirements jf they are to occupy the Birch Bluff property as a year round residence. The plans also represent a determination on the part of the Kings and myself to develop a plan which works as much as possible with the eXisting conditions of the site and with the standard requirements of the City of Shorewood. As you are aware from the several meetings we have had regarding this property. the Birch Bluff residence is located on a lot which is 66.69 feet in width. Also, there exists a right of way for a "First Street" which was never constructed on the East side of the property. yet which requires the setback to any structure on the East side of the property to be 35 ft. 1 3 0 0 Exhibit C APPLICANT'S REQUEST LETTER Dated 1 May 1995 G 0 L 0 i 6 1 2 . F'; x :j page 2 KING VAR - 5/1/95 You wi I I note however. that the eXisting structure is currently 5 ft. from the property line on the East side at its closest point (see existing survey attached). The other two setback requirements which have a direct effect on the King's plans for expansion are, the combined side yard setback requirement of 30 ft., and the set back requirement from Birch Bluff Road property line to any structure of 50 ft. at the closest point. It is because of al I of the above that the attached proposed plans for the expansion of the Birch Bluff property are contingent on the fol lowing: . - A variance is required on the East side of the property to allow expansion to occur less than 35 ft. from the property line. We bel ieve this is a reasonable request because the existing structure is already 5 ft. from the property line. the "First Street" right of way is in reality vacant land.. and the proposed addition on the East side is quite limited and maintains the minimum 10 ft. setback from a side yard property line. A sub-division is required to al low the Kings to acquire enough property to ach i eve the proposed expans i on as we I I as the combined 30 ft. side yard set back requirement on the East and West sides of the property. . The existing 5 ft. set back on the East side of the property would require that the Kings acquire approximately 33 additional feet from their neighbor on the West side of the property which would then leave 20 ft. clear from the proposed addition on the West to the proposed new West property line. We bel ieve this is a reasonable request because the Kings' neighbor on the West side is their son Robert who has agreed to the request for a SUb-diviSion, and also because the sub-division as proposed. would leave each of the Kings with 100 ft. wide lots which are standard for Shorewood vs the current situation of one large lot and one under sized lot. - A variance is required on the South side of the property because the expanded structure would be 43 ft. vs the required 50 ft. from the closest po i nt of the property line as it currently exists along Birch Bluff Road. . . page 3 KING VAR - 5/1/95 We bel ieve this is a reasonable request because the proposed expansion of the structure would actually be greater than 50 ft. away from the South property I ine if the above requested sub-division occurs and the King's existing South property I ine were extended to meet the proposed new West property line. In summary, we bel ieve that the proposed improvements and sub- division of the King's property wi I I yield great benefits to the City of Shorewood. the King's, and their surrounding neighbors. We also bel ieve that al I requests being made are quite reasonable and that every effort has been made to develop a design solution which is sensitive to the needs of both the King's and the community in which they wish to make their permanent home. Thank you for your time and attention in helping us to reach this point in our planning process, and if after reviewing this letter and the attached materials you have any questions. piease call. Sincerely. "'1 .., . ~ . -",;- '~VALL--~U-U<---- Sruce Levin. NCARS. ALA SL/nsl cc: Wal lace/JUdith KIng -- I I 0 ~c..ou.. :~1! Do "'" ') \ " <- .. ~ ~ ~ ~ ..l U- .J! ,OiL.. ,';'i~ .10 i ~% ~ ,. ~ Exhibit D ",! . Ill. Cl' ('W, .tt' . rrt . ZI' r l .', t "" .. J 1 1 'f.ll ,.,,,, 11., t A 1111 0 "'1' III 'f ,. IE , ,0-/ . ./. ;nv?<; NW'l 'POOM8J04S peo\:l 11"19 40J19 OUS/: "'.lJl ...." I' 11\11'11(111111 Hi\' l'lIvlHJ ~ NJPA.13U1H .g~UgP!Sg~ 1Jur)l ql!pnr ~ g~~n~M 910 I S I J\32I .6-9-~1 :u.va .,"& ).g ~ .0"60&6 . ON .L?;;r~ .<;:Oj~1 -or , , .<=>jG'l r -' <: . I L -~ ~ ~ I I(r ~ -:Z i ~ IS: ,~-.. ~ -\ z C)< z..J _a.. 1-0: !ao Xo W..J u. o :E :a >< tJJ ,.. C . I l t . l t' . Y f tZl' . III . ll' tt.I, "" 'I J 11. II M 10 llHt I A 1.0 It' l' II' 00 C I ;1V% '-,,( I..,.., l \ 1 I~ III '1\'11 )11'..' I \ll'f'lliJ ~ N]P^.13~la . .' SNOISI~ ~e-9-~l :u.va 'T9 ),9 ~ ~O'80t8 . ON l?TO&! 1,.11 .1 i ! 1 I ! ' : ,! II , I. l ': i II I . NI'f 'POOM9lOllS p901:1 11"19 \lOllS O~9S~ .gJUgp!Sd'M iiU!)! ql!pn r ~ dJelP~M. w<:> -l. . . ~ -:-:)' ~ ~ ~ it ~ -, -' I _ II~ -d ~ k ~ . I j : I I -j: ~ ~ 1 .~ ~ ~ Exhibit E en C)Z zQ i=~ \\\ !12 > ",.l XW W-I W :~ I'~ I ,;:i:: ~ -l.. t =- , I~ ! --:r ~ ~ '>. 1- .m: I r: ::r ~ 1 ~ ~ . 1 ~ 31V?S NW 'POOM8J04S peOI:! 11"19 40J19 O~99~ ~ ~ '-\- SNOJt;J~ a.LVa '1"9 ).g ~ to'SOCS . ON l.~;;r~ g~UgP!SglI iJU!)I lll!pnf W g~-eI~.M. u""'i-Z:I b -{::lE- .?,\,.I " -1. Dtcr=llD - ~ .OjOl -\\ -' --t l'iI 0 0'- [J ~ ID I "9 [ I I ) . I ~ I I I " ~ ~ I ~ .3 I' (> I 01 + "i ~ -~ i -, 'J t\ ~ . . . . '. . ..1 ,". . , \\\ 11 ... -Q t -( tJ..' ~ I ~ ~--~~- -~ .. 'J ". \( I t ,'J ~ I ' . , . . , 4~ -v-i . , .-Vi ~Si ~-V -, ill ~ ~ Exhibit F 3"1'9'% <;NOIS(~ :uva '1"9 ).9 NMVl!la to' SOtS . ON J.?TO&I ~ i ... ~ ~ Q '"'Z ~ , .. hjt::tj ~ L ~"~ ~ ~ E3 -- ~ ~ ~ ::> >>l ~ ~ -l Ii.) ?: I :J ~ \:) {\ Z Nrl 'pOOM9J04S p1l0l! U"IS 4::lJ1S Oi:9Si: g:)UdP!Sd~ ~U!)l ql!pn f 11 d:)BII1~M. N ~ .... '1 Exhibit G ~ -~ 31';% SNOISI~ :;u.VQ ).g~ to'SOtS 'ON J.?;T0&l NW .POO....8JO\1S . peOI:! 11"19 (lOJI9 O~9S~ ('f') ~ I: ~~U~P!S~~ ~Ur)I ql!pn f 1?? ~~BI{l~M. ~ -+ 1 \ 1 L ~ ~ ~ ~ k t: ~ ~ .~ 1 irl ...J ill ~ ;0 \U ~ :3 \D ~ Exhibit H .'!' -, MAYOR Robert Bean COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474.3236 MEMORANDUM TO: FROM: . DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 31 May 1995 Spencer, Rick and Maureen - Setback Variance 405 (95.13) BACKGROUND Mr. Gerald Roelofs, representing Rick and Maureen Spencer, has requested a setback variance for the property at 4350 Dellwood Lane (see Site Location map - Exhibit A, attached). The Spencers propose to add a deck and screen porch at the back of their existing home, necessitating a 16-foot variance. . The property contains 24,944 square feet of area and is zoned R-IC/S. As shown on Exhibit B, the screen porch measures 14' x 16' and contains 224 square feet. The deck contains an additional 370 square feet. The plans suggest that the deck will be built fIrst, with the porch being added in the future. The applicants' request is explained in a letter, dated 2 May 1995 (see Exhibit C). Building plans are shown on Exhibits D and E. ANAL YSIS/RECOMMENDATION As can be seen on Exhibit B, the confIguration of the property coupled with the R-IC setbacks results in a very limited amount of buildable area relative to the size of the lot. The problem stems from the street being platted along the long side of the lot. This results in the lot being very shallow and having only 37 feet of buildable depth. This problem fIrst arose when the original owner built the house in 1986. Rather than pursue a variance at that time, holding up construction, the owner adjusted his plans to fIt the linear configuration of the lot. Typically an R-IC lot with over 105 feet of width would have 90 feet of buildable area. Even with the street along one side there should be 60 feet in which to build. A Residential Community on Lake Minnetonka's South Shore 4J 7b . . Re: Spencer, Rick and Maureen Setback Variance 31 May 1995 page two It is suggested that the lot be treated the same as the lots to the north of it which orient to the lagoon. Exhibit F illustrates how building setbacks for the subject property could be rearranged to relate better to the other lagoon lots and provide for enhanced buildable area on the lot. By allowing the northerly setback to be 10 feet and requiring a 35-foot setback on the east end, instead of 10 feet. Based on the preceding it is recommended that the variance be granted subject to a condition that a 35-foot setback will be maintained along the east end of the lot. This allows the applicants to make reasonable use of their property while maintaining the character of the neighborhood and not conveying privileges to the applicant which are not granted to others. BJN:ph cc: Jim Hurm Tim Keane Gerald Roelofs Rick and Maureen Spencer .. ~~ ~10~~ ,\~rJ'J,' , ,,' . ......., I VI ~A ... !? PAM NO I ( 25) i ~ ... :.:.:.: (\").\ IIrgOO~~~OO1~[Q) 1 ,'. ",. ..~~O) . .." .. .. .. .. :. .:: :...oJ ..i : en z w c ex: ~ -< 0 CJ (/'J C w w Z J- Z Z - <( ~ :t:> () J- ! Z Z W :J "' 0 (t) U ~ z ~ffi aJ Z tJ5 ffi I- J: o ..J U. o . 1 ~ ~- '" ~ ~ ~ ~ - - \.. '- ~ 1 l ( . < <"'J ;::.'1 '>> ......... ~ 1 1 .~# "-0 :21; .- v ~ l- -z ~ , LX~) .... -~, " ~\ ,>> o. ~. ~ ., :-; .-9 ~ ~ l t''o __ ,~/...... .....l ~'i ~ /~.)" .............~;';.! .~:, 'J. <"..-:. J! !.-I . (-~ -;.~ ~ r...." "~, . ,0'/ ".," .... to, o~. . .' /..;r q,~ '</ 1. 00 I I ~o ~ <:)~ / . co,. / ( \ \ \ / ./' / ..... ..... ..... ..... ~o o~ b> ...y ..... ~ "!.~ .c>;:, ..... ".ll-1i ..... ..... d.;. /> """1:, ...~ 0..:> .IS. <Sc>.,. ..... ..... a.<" "" ,o!" ..,.l f/'<,f'~ , <Ro' 0 '. 00 ,,;< 'v I l/ ) ./i :(l'" .Iii IV .~ ~ ~~ . . Exhibit B PROPERTY SURVEY Shows proposed addition and required setbacks 't,~ ~~ PROJECT SUMMARY - - 4350 DELLWOOD LANE Site Characteristics: The subject property is a long, narrow parcel located on the island. It is fronted by Oellwood Lane to the South and a small, protected lagoon of Lake Minnetonka to the west. Adjacent parcels to the East and North are vacant or have houses that are a signifigant distance from the subject house. The topography is generally flat with a gradual fall towards the lake. The only mature trees on the site are found near the shoreline. . The existing house mirrors the lot - long and narrow. Views from the house toward the lagoon are limited to two main floor windows. There are no developed outdoor areas or current access to the rear yard except through the Garage. There is no flat spot for a chaise, picnic table or barbeque. Proposal: . The homeowners desire a developed outdoor space that takes advantage of the views and the privacy their location affords. It is a common want for people living on the lake. The homeowner requests a variance of the Rear Yard Setback from 40' to 23' to allow for contruction of a Oeck and Porch (future) per the attached plans. The plan as submitted, yields enhanced views of the lagoon and lake while providing a contiguous, private outdoor area that is harmonious with the existing floorplan and room layout. No revision of the front elevation is required and the impact to neighboring homes is minimized. Exhibit C APPLICANT'S REQUEST LETTER Dated 2 May 1995 Hardship: The hardships that exist to justify this variance request come in two areas: the architectural concerns created by the existing house and the zoning concerns that are unique to this plat. The exterior and interior architectural concerns appear to be of equal importance. Any design solution that provides for additional space closer to the shoreline has dramatic impact on the front elevation of the house. A further lengthening of its already long appearance and a loss of balance results while yielding spaces that are sadly lacking in privacy. As marked as the exterior concerns are, the interior concerns are more pronounced. . The interior spaces of the house generally reflect the lot and the house; rooms are long and narrow. Existing views of the water are had through narrow vistas over long interior distances. Any design solution adding space closer to the shoreline results in sacrificing existing views and creating even longer "hallway traffic flow." Kitchen to Porch would exceed 43'; Kitchen to a Deck beyond would exceed 50'. Existing lower level daylight windows would be darkened or lost as would be the quality of that future space further compounding the loss of existing views. The rear is the only space available that does not result in blocking the existing limited views from the main floor and lower level. . The second major area of concern are the setback lines that are unique to the plat. The combination of the lot shape and setbacks from the right of way and the lakeshore greatly restricts the amount of buildable area. The Rear Yard Setback further restricts the site. Nothing may be constructed in the setback area from the house to the property line, a distance of 40'. While at the same time, the adjacent landowner could construct a building within 10' of the same line without any restriction. It would seem an issue of fairness and impact. Conclusion: We hope you will grant a variance in the Rear Yard Setback from 40' to 23' to allow for construction of a Deck and future Porch. We believe our position has been thoughfully considered and trust you will agree. /'7 _ -, //-.1/" ~ ,- --:~ :x c--?~0 __" ~ "L~-. i- / / -- --- ~. /(:- ';... "-....- . . / .1 t ~ cV ~ ~ ~ t ~ -~- - - 1'- II I ..!:I~ \. 1:1""0 -\%~ '" - ~f4 ___-L ..8;>/ ' i I I ,i _':7 'j _~-.l. ' j! , ~ ..7;7 I 1/U_"9 I I I' " ,. i i .._ -..:_. ,i ->t j _d_ ji I ! , I i ! 0 i ! o : I " -.i-- .J.- ~~ ',!" I .'-'1 I ' -~ ! I ! i i j, . I I; I I . I ! I I J..J I '\. 0"/7 , i .~! jl-;z . "~";/ -~I I ~ JJ'. ..- t! i"- ~Io~l I i I~ > i ' <.:l .:! I o\~ Ii! I II I I ,-7+-....;.- i ':1 "'0 . f"t -'i~~1 - ';.:1- i I:-~ ! __ - I ... ' -.;. , i ~-- : i i l 'I 7 . 1'/! ."':7 ! I [ I I ....-~ " . , ..., '\..1 , J... .:. """L~ .~ .. " /.. '" i I, I :. .i j " ..:> _.____ _ J .._-~ -- ...-....: .,. ~I~I ~I 0" tL .1.''.:.;' ~7;// ~ \= -l " --- '.t:1 I I . I -, , '...1 - i i I , I --1- !>' ... -! II ." , o >! /'1 ~1 ~i 0, // // __I -~ '::i, ': .1 5< .j Ii Exhibit D FLOOR PLAN -- , ' \ ~ I ~. 5 , , - I , , . ~ i ~ .I ~J J "', J ~ ,r '\,; I ~5 ." ---t I Ii .... ~ ~ e I j - -1' . ')..-J i ~ :..;\ - -'--I.' ~~ , ' .~ I I" ~ ~ , ill iJ P/t.~... I ~ :: ~ " ~ . " L ~ Q i" ~ !r. ,t e ;. I II a ' IIi ~ II -_"1 --.../.. I - -., I ---t I I ! , I I 1"1 I ,., .: ----- \ ~.- ------, .. .'\ ! III . . I I I I! r ,I II, III I I I II II 'I I ,,-, j ~ \~ '-' r~ ,. ~ IL II . ~i ~=JD ~ \DO ,\ II II K ! i I ; I I I i I ----- I '. l~ i." I~ I i I \ i !~I I\~! i ,...... I- I W I-.J I \.'\1 I ':::z:: !~i !~I . I '_ - __.-r r ---1 i I ; ! L _ ._-..... _..: I r - --"---1 I I .' ... - --.... .." I ,~I - -~ \1 ~ :!,1 ';' i \: :: I , { I i' J --'1' __ t -. / / ----II "I jli "", f--- -- --' ! __ ! . I I -----. ! I ! i " ':l. ,t ._..-----r-- Exhibit E NORTH ELEVATION en z LLI C a: ~ <( 0 CJ en c w w Z J- Z - Z :E <( J:'>= () I- Z Z w :;:) ~ 0 M () ::.::: z U _ ~flj al Z ~ Z (0 W I- J: o ...J l.L. o . ... .e '\ ." -\ . ,,, o. , " ~ /\. ;: / "/~fj\ X /// , '),. (', <'I j ~ ~ '.{\ ~~ 0 ,.1:+ 2"t 7. .' ~. ,j l ~",..l / hq, '" ~" .......... I ."..~ L.~ .: .. "'....ll \)0.' rt' .... I /;,.,1~' " . . ~~.", j: ~ <" I '. . e. - ~""'....;: ... "i .... r , 0....' /'':!. " / /' ,/,'v / ~ ."" 1 ,,-' ",.- 't. -A-l ft-"- ...." .& -...'" ,<!, 000 'v :;<. " '" "- ~ ~~ .,.,;:" o~:-... 'Ii .... I ~ .11 ~k: ~l:l ~~ ~o o~ b> '- '- ..... 00 ~o ~ QeJ / / I I / / < Exhibit F ALTERNATIVE SETBACK RECOMMENDATION ., . . /. MAYOR Robert Bean COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 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 1 June 1995 Silva, Manuel - Setback Variance 405 (95.15) BACKGROUND Mr. Manuel Silva requests a setback variance to build an attached garage and room addition on his property, located at 5815 Ridge Road (see Site Location map - Exhibit A, attached). The property is zoned R-IA1S, Single-Family Residential/Shoreland, and contains approximately 113,600 square feet (2.6 acres) of area. As can be seen on Exhibit B, the existing home on the property is located almost entirely within the required front yard setback area. The applicant proposes to build an attached two-car garage on the south end of the home with a room addition above the garage. The dimensions of the addition are 20' x 30', adding 600 square feet to both levels. Proposed building plans are shown on Exh.i.bits C - G. '-::..-.:;.. The applicant proposes to locate the garage/addition approximately 30 feet from the traveled surface of Ridge Road which is a private street. The required setback adjoining private roads is measured from a point 15 feet out from the traveled surface. As proposed, the garage/addition requires a 35-foot variance. The applicant's request is explained in his letter, dated 1 May 1995 (see Exhibit H). ANAL YSIS/RECOMMENDATION The applicant cites steep topography as the primary justification for the variance. According to the City's topography maps, the lot drops off dramatically toward Silver Lake. After the relatively level area where the house and proposed addition are located, the lot slopes as much as 40 percent. As part of his proposal the applicant will demolish an existing single-car garage located on the south side of the lot, only seven feet from the pavement of Ridge Road. A Residential Community on Lake Minnetonka's South Shore .:#7c . . Re: Silva, Manuel Setback Variance 1 June 1995 page two Another factor supporting the variance is the location of a garage on the lot to the south of the subject property. That structure is only 26 feet from the pavement of Ridge Road. The new driveway will have a grade of approximately eight percent, considerably gentler than. many of the driveways on the east side of Ridge Road. To require the garage to meet the front yard setback would necessitate either an unacceptably steep driveway or considerable site alteration, or both. The City has recognized that the inability to have at least a two-car garage in Minnesota constitutes a hardship. The applicant's plight relates to the physical characteristics of the site and is not brought on by the actions of the property owner. Approval of the variance is recommended, subject to the City Engineer's advice as to whether the turning radius for the driveway should be increased to facilitate access to the site. BJN:ph cc: Jim Hurm Tim Keane Joel Dresel Manuel Silva /~ ( 5) ... 11 ~ (31 ) :1 21. 1<10 16 ("30) "s. '! N' N' '\ .,. '" ( 17) .-:",- ( 5) ) I I ,- ( 6) No.46.l?- 9.. t 589.57''39. E ......:. 254.54 :Ghr~ MA.? l.A~ \1.;/ ": ~ "... ..... ';g:- '-- /. Ji ~. ' .e. ': I.:.:tr. '. ,..' 176 (7) 6~"O~ OUTI.~~ A;' ,,'0.-:... C(5' ....~... I ... ~~ (II) ; =-, ~ Ac; .....-- ," ~lp' rfih' . Y: I (~) (8: . ~ .. . :. .. 178. T7 \~. \I ... .'. ~:".. '.'3 .......::.: (9) .. ~orth , ":,: Z!>> I . s( ~(' J.Ak TRACT 8 (7) lSl ~6S.,"',5'" N5.E ., T ...:. (22) '-..........:./.... ~ !?;" I >" r~.: . ~i f.!? t:~/ .....'1 ~'I '(,., \Q~ ."- ,. .~ ,,','1 . - - - - _ !1 ,I '-.... ~ ,'1. ....-;;,...,.. ..............;,1' .., I", ~?I ,'/~"'" .'"' ,'/~ Exhibit A SITE LOCATION Silva - setback variance ,..../ " ;>~ 3" , /J$) . I., , l/1f" II S6S., ~ '4 c".c A~ Jg~ ( 16) ~~ / / / ~ /0) I "'\D/~~ ! , / / / .... / ~~ . OJ ,I,. ~' ~ ~Q f l ~:,tV ~~~ p I' . o ~ en ./ 01 . (!), ~ frt9f'~4 )-J6\f~ I / / R r ~y;rd ~ ,/ /1 j / / / / d "- 0) / / I / d-~ ""Il-~~ ,o01.~ '"'(,f::J'Y" . NCH N~OLE P=99S.85 . , I ! I , ,j . / 1<-Zt,' / ) ~ to IJ eX) J (.I 0 :/fi II =! / ~ fl::r /o-l: -~ it t rn~ I ; i I ! I I I I ) l '::) <c /0) I I I i I ! / / I // f40 0} Exhibit B PROPERTY SURVEY "- .......... \2.. ~ ~ ~ c l:) r~ K . "- ~ ~ '- ~ ~ C-- J ~ 'C" "\L 1J.J ~ ~ . .. l ~{ ~ '2 c \~ ~ C <:::::.. I f , I ~ /,1 OaC~ " ~ .~ \:! t~ '" X '"- '1.! "- 1;..') ~ ...... < ~ -'--'.. ~ ~ -< \n ~"'( I'...~ ;.,,l,tft.~ .:.. ~ . '~,:.' ~ . ft..t; ~..;1 ~~' f 'IZ''- <<- C'-'" I } CJ C'1 ~ o 'E ~~ I .q" ;.. ; <,~ ! . V1 I : Q, . < ..J j \J . I l_L r ! t --J) \-... t" .. ~ ~ .J \ij }- .p <;C ~ III '- , - '""- ~ '" . / rJ. ~ t- \lJ 4:. t; Q. ~ ~ .~ <~ J-l ::;::... I- - -l P ~ SHCW~ll r~~ 1- ~ ~ _ I a,~r$C' :So ~ i' - ~.-v-1 J ~ i " '<%: "'- ! I-J. j rJ_ - <Co Q ~ 0 ~ tv' ~ - ~ LL Exhibit C PROPOSED FLOOR PLAN - FIRST LEVEL '< 1----. --- ----------.---____ ----- , . ! /' ~ '.., "- . ..... -- () ...... " ~,~ ./ 1- ; ~ ..:.~ a ~ ~ t \IJ LI t ~ I ..... ..... ~ l ~ " '''-.j c ,/ , ~ I t l ~ fl ~ o~ Q)( ~ ! qJ ~ j ; t ~ ~ to ~ 1 t1 ~ ! I 2J: i '/ I II If I" - LL L l I , . ~ ..f ~ l i ~ I ~ ~ , ~ I - Q- ~ ~ .8 - - I ~ I - , ~ it ; Q ~ I ~ -0 ~ ... ~ ::t ...l I ~ . -.; \J , ... ~ ~.^i - 1 (:" - 1 ~ I r~ ~ ~-- -- .-.-ct ~ .. ~-l i , ~ i' . , I r : ~ ! . ; i ! i ? ~ f ,,~ ; I I ~ 1 -::: a- '-' : -.I i ; \0- j I ro 1 l I - U I , ~ f ~ : . ....:) I ; CL.o-:.e T ~ '-- , V-; ..... , -y ~ ~ ! I - f ~ ~ I (Q (lJ.DSef i ~ i , . ! 1 ; 1 I ! 1 J-iy j i f-+ v-+ l-1' I - I , ! 1 l .~..__.__._-._-~ -t t j I I , dI 1 ~ ~ i ; 0 0 i ~ - ',J " -- :2 - lJ :> : - i -1 n \ \ t> Exhibit D - t PROPOSED FLOOR PLAN - SECOND LEVEL . ~ ~~ ..~ ~~ 01"..__ _-: r ~ : .~ -., V <..._-............... ' I . .::: ---'---".q \ . '--~..'... -'--..: .~ ~ '-~:.' -.'~j._~ -- r---~--r-'I'--r---~.,l,'~.!~ J LTW.~'R ~l~-:~. '.'- -. -" ~ ~.- ~ ; I ~-t 1 ' '~H"r -1, -;.:"t-t.r-, ,f4 -,.--'--....._". ------'1 I.:'~. '"i.1 I '.' !; . .~ '-:.: ~__.~j /1 j '1 r-. W ~i. Jl ! - .:' I' I i': l' !-!-1:0 i .. \U __.1 '. ' ; I '.....: '..1. J. ! ' I ' ~ ~ i : j '; 1:;""'1 ~ ~ I! I;~ I.~.k Ufn.~ l :; -, I . v ..... ; ,'. ~ ~ ~ I !, ,-:"," :'"1 t ti.. l( ~ ...... i: ~ 1 I;:-i \- \IS ~ ~ t.. r-l' ~ ! l, '- , ;.. ., ! I ~ '" ""~ ~~ ~~ \ S -< ~\U~ ..... V) . - '4 ~ ~ R \J o ~ . :11 :. i ! i , i , j i ~-, I ' I I I j ~ I I ! , /1 . I 1 t , :1 ~) ~ I~--...-- I \ ! , I I I I I I I I ! i.. ----- ~ i Ii -T '. .. -..,,-.- :.: ---:~ . " . Exhibit E PROPOSED WEST ELEVATION (FRONT) ... '- ~~ "- .... ~ J ...,J <I: 3 :t" ~ . . l;f ..... J #' '" - L ) u .) ~ ~ '\:. . ~ "c. 'IL ~ ~ ~ 4:- ~ () 'r' ~ .) ~ "- r4 ~ ,4 ( Q I ~ \~- ~ '=~~' ~;:;';i -.. i ! i OJ .... '" f: f4 cO. " ~ ;\...L r; I '1 , ' '~i-h !f~,i - v ~ '\.. "J: .~ 'ltl ~ \- ~ <: \L ~ /7 .'/1;1 //./ ;" / ,.'; /'/j ,.'..' ,'I"~ j; //' I I I ~ ..,. ~ Q> ':t ~ "Iii.\ "> < ~ -~, ." .--'.-' I 1 . - .-._---~, - ~ ... , ..-- ; l \ 1 .~ 1 ;' t I . \ I ~ I . f ' i ----...j i j ......: .......; .....; -..; ~ ~ ~ ~ ~ .;;,.. ~ ", C ~ .'-; , :"'-i " ........! ~: ......: i . 1'1 , , ; 1"-! l 1: ;~j' ~ i i -: , j 1 t . , I f - /!;....;_'-o. - . . I . I i - ~.<-:J- . ! i f:-7 ~-:-; \ .-.--,--...11-.1..{ L i,I,. .! ).,-. - -.,.----____ , , . ~~<..u..;-.?-: '- L _1' ", t ~ ~! J "i(:~ ~\ +-' ;_ ;,-; ." i q1 : ~. ..'~r-; i~~~1 ~..l ;"--!. ;-{ t . i"':"" : -----f ,.__,~,L'j:-t 'L_',. '" ~ \.::j ~ ~ \4 l~. " ~~,( \= "\. V\ ~ r:-\ ~ '{) ,-.-, / i----i L-:' . - Exhibit F PROPOSED SOUTH ELEVATION (SIDE) - ~ "- ... ~ -.J -J <l:. ~ ~. <: ~ . - or '\I") .~ i i i .1 1 ~..., ~ ; .~~,.. r . 1.,;1>';' · ' ; I' l i I I 1- , ,---l .. "I f. :::~+: f:u,~ _ l " t:=____ i h' ~_.- -: ~i.-.. 1-' .~-~ t---. . nrru-.--- -- j -'--r-"~ ! L i I 1. ". ! I '- I ! ~-<< 111 -.; r.-. ~ ___ II iT Il ""il ; ,," ;..... j1 ( ~ ~ r ~ ' 1 ( ; . ? i l~ i.:, ,- f: I '. ":1 i' , ,.. 1 ;"1:r \ i..... "1; -, H. ~ Ii ;'..1' ~ r I'u, lid ~ 1." '... ~ ,: . J i)-- 1 ..(\ ~... "(7 t- : ~ ;'.j n i ~ :"D 0 . ~ ~ - i , t- __ \b \ i : j L ...., < ~ " _ ~ i._--ll ~.. .....v:; \! !. ..~ · , 5.\ 1- -"" ~ Q. 'llf. .) ~~~ · tit ..... ~ " ;; },...."" ~ l' .. V" ~ ~... ~ a t. -,t, (1 ~ r- ~ "i ~ ~ i,~ -:~ I ! I ;.. - c III ~ - \'u ~ r l \ ! I i ~.. ~, ~.J \U. ~ ~l.-. ! f (. t I 1'.. ~ ~ "', . ~ ~I- --j'! f t ! v ll.. ~.' , ~.; I . . .,~ .t"7 I.. '~.' ~'- r-...:... ; 'u- 1 ' \. ~ --j ~! ~.: .: ."" ~ I' !: !- ~ <~. " t.; . Q,., . : I ~;._. ,," "-- - - .-... I ~ 'U '. '" . l' 'r-i . ~~ ........ ! 1 '__! "'\ I . .~ k~ 1,1 t~ f ~. . . j"- l 1 ~.~-....;r'~. -----LL j--: ..' . .r7-". ~ ~~ '":l.~ ~~ ~~ ~ i ~1 L,.- '\- .-" _1'.) "V: .~ ~ ~ I 1 ! I , I I I i J , ( 1 .._ .1 if~ , .j ~ I ~ '< ~ Ji~ I ! -- .. ! t '\,~ j't') I i t I I I I. I I :-f' II ;. '- ., ~_: I 'i ~.; . , ~~ I ll- . . I ,.. : I ; t I , ~ , ..---.------........ -...--....--t t \.. ~ I ." ~ I ,,-"'Co ; ~ 'Ct ~ .' ~ +~ Exhibit G \t1 f. PROPOSED EAST ELEVATION (REAR) ,~ ,:d/tC->/<-/ J ~:4.?-Y U~.-eA_,,--?z. ..m rJ ~ ,~~ v-.~ 9 -u/Vnr ~ ~~ ::zA!.~ =,~ y ~~V-- ~j~ ~ b' c/v~, ~ ~ :kl{ c-;!1 ~ ~~ ~::d<-~.~~ ) f~ ~ ~:;;dLJ~ r~~~~'~~ =r~' 9 tf~ .~~ ~<-.2/ ~ ~~~~~~k'Y ~(, ~~ ~07 ~ ~ cazw UZ~e-e/ h .ft-. ~ 'J~ . ~~&J(I/t. . ./1 S,"-V/ 't / Exhibit H ;n filL;' ~~~~If~~:~~~EQUEST LETTER .. 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: DAlE: RE: Planning Commission, Mayor and City Council Brad Nielsen 1 June 1995 . Karas, Greg - Revised C.U.P. for Accessory Space in Excess of 1200 Square Feet FILE NO.: 405 (94.06) BACKGROUND . In June of last year, Mr. Greg Karas received a conditional use permit to build a detached garage on his property at 5600 Star Lane (see Site Location map - Exhibit A, attached). The proposed garage (shown on Exhibit B) was approved in Shorewood Council Resolution 94-47 (Exhibit C), which allowed the applicant to have a total of 1354 square feet of accessory space, including an existing attached garage. As explained in his request letter (Exhibit D), dated 9 May 1995, Mr. Karas now wishes to revise his plans, enlarging the new garage by 256 square feet and connecting it to the house as shown on Exhibits E and F. ANAL YSIS/RECOMMENDATION This request is quite simple and consistent with the original approval. If anything, attaching the new garage, despite its increased size, should have less impact on surrounding properties than the detached garage would have. It is recommended that the original resolution be revised as follows: (2nd WHEREAS) "... for the construction of a detached an attached garage, the area of which ..., will bring the accessory space up to rn4 1610 square feet; and" (Findings #1.) "That the total proposed accessory space (rn4161O square feet) does not exceed ...". cc: Jim Hurm Tim Keane Greg Karas A Residential Community on Lake Minnetonka's South Shore #7F ._______~': """", '""~;- \: ':r~\'\ T....-.."::~:...: ::.::C.:: :':;:"~"i''''T . r . . .: . . < -- T --.. . . -- . . . --. -- --- h .. --- '-- '\ _ '( 'l\' " ~~ '~ ~ ~ "ill 0== 1 \:. o~, ...... ;,:.: " II~~~~ , . /;' :- t. " ", J i ;........... Illl.......i...-: ....., i. ....., ~':"f ~ r \. 0;. ... ' ~," 0; J~"'''''' ~l T""'l '~.'CO . , If! ''!l 5..1.. ,.,,,,,,. 1,,".190 :J:'~.~ i;;; +;6'~... UWM3b1itt'> ..0 ...u,) .'..wN qo .,'J.: ~'-r~::-;;:::-:':-::-:::::~,t~ -~~--)..~J; .,.:..:~. ;"" \ ~ "'"' ~I~ ~ '-''') - ~--,...-- :8 ".,;.;." ._ ...'" '0 I ,'" - ... 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PL .6ft \ ' -~ <p? it.,~ ~qjil ...... \ \ '. .i ~ '" ~ . -" ' ...~ :\. ~ /~"t ,u 0.\L ,. ,g . (,.\ ~ = ;." 'LIS&: -- -~-~----~------~: ~~ , -g " A'.) ~ ; '\ ./ <. " <<; I' , .. 66( ... "...' 8'.... ~ .~ ~.: ~~ -' ~~ ".~ :.. \ o c:. \ \ ~ ~ -==~ -1-~ .-}~ ~ Sl ..... \""'\ ~ ~ <;P ~ .' ~ :: ~ - !::~ 1: "...! ; \ l.... ~ I I I ~' " ~..... 00.. . - ^' ,.... -~ '" i! i .,. i.';" f....: -L i. r I ~ o , \.. ... ~'". (" , ~ 1 /= ~ '.1 -....... ~ PI....... ~ Exhibit A SITE LOCATION Karas - C.U.P. for Accessory Space .. - ,~ 1_ r1 ~ 1.I"('.lO.OI' ~ ---;V-~:"l ~.U ' ~..I , ;'( :erti ficate of Survey for 8ernies Home Repair Service of Lot 3, Block 1 ,WESTWOOD 4TH ADDITION Hennepin County; Minnesota H 8a'" 4-4' 5::.W 2.47. 00 -. ..t::'<:: +~ l.. . o~ zt'-- t -------;---r-- -r .. o '-0 . -Ira. '>t" 1'"0. 'nQ.'1 e .f""1 . , d U\-' '" ,. : l' I 11 r'f r t:o>erneo\ ...----_.... .2 :: I /\ " .: 1 ~ ., u.....17 tA' 1~-r~ ''"'1 .. f~ - ./ v, ~ f\i ~ -'I .?' I ._4 ~ "- \. ~ " -, 4 c....... _ :4..l :t'v ,r-r, ~ o C/-. ~ Propo,ed liD": /\lot.::: L......es.;. Floo..- ::\eVQT"\On : '7, ---" ------.. I .[ ~\~ ;: ',. Sea Ie: Date : Datum: o 1" = 50'\ 1 0-28-87(Dra\>ling), 9....2~-87 (Sur-ley) Mean Sea Level Iron marker Drainage arrow Proposed spot elevation . G o.i-. -.-.1 - t" 1'\0.....(: f!"!l.oJ.! jQ'I.44 . ... I hereby certify that this is a true and correct representation of a survey of the boundaries of Lot 3, Block 1, WESTI.JOOO 4TH AOOliION; the location of all existing buildings, if any, thereon, and the proposed loca~ion of a proposed building. It does not purport to show other improvements or encroach- ments. ~, t i' COFFIN & GRONBERG, INC. ~/ / d-/~--- Mark S. Gronberg Reg. NCi. 12755 Engineers, Land Surveyors and Planners Long Lake, Minnesota * As of the date of this survey and drawing, the plat of wESn.,CCQ 41H AroliICN hcd not teen recorde:!. Exhibit B SITE PLAN FiLE COpy CITY OF SHOREWOOD RESOLUTION NO. q4-47 A RESOLUTION GRANTING A CONDmONAL USE PER.."fIT FOR ADDmONAL ACCESSORY SPACE TO GREG KARAS WHEREAS, Greg Karas (Applicant) is the owner of real property located at 5600 Star Lane, in the City of Shorewood, County of Hennepin, legally described as: "Lot 3, BI~k l, Westwood 4th Addition"; and WHEREAS, the Applicant has applied to the City for a Conditional Use Pennit for the construction of a detached garage, the area of which, when added to the area of existing accessory space, will bring the accessory space up to 1354 square feet; and . WHEREAS, the Shorewood City Code requires a Conditional Use Pennit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission dated 28 April 1994 and 17 May 1994, which memoranda are on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 3 May 1994, 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 23 May 1994, at which time the Planner's memoranda and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT . 1. That the total proposed accessory space (1354 square feet) does not exceed. the floor area above grade of the principal structure (2402 square feet). 2. That the total area of accessory space does not exceed 10% of the minimum lot area for the R-1C Zoning District in which it is located (2,000 square feet). Exhibit C SHOREWOOD RESOLUTION 94-47 . . 3. That design and materials of the garage are consistent with the architectural. character of the existing home. 4. That the proposed garage complies with all setback requirements for the R -1 C District. CONCLUSION 1. That the application of Greg Karas for a Conditional Use Permit as set forth hereinabove be and he.~by is granted. 2. That this approval is subject to the following: a. That the proposed garage will be used strictly for purposes of a residential nature. b. That the Applicant is hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for other than allowable residential purposes would have to comply with such regulations. 3. That the City Administrator/Clerk is hereby authorized and directed to provide a c..."'I'ti:fied 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 13th day of June, 1994. AITEST: 0-,(VV1'SA (, ~N'AN1 James C. Hunn Ci~ Administrator/Oerk - 2 - MAY f 0 /995 CITY COUNCIL CITY OF SHOREWOOD May 9,1995 REQUEST AMENDMENT ON CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE AT 5600 STAR LANE . I Greg Karas am requesting an additional 256sq.ft. to the already approved 960sq. ft. conditional use permit granted to the property 5600 STAR LANE. This added footage would allow all of our personal property and motor vehicles to be secured and out of sight. The new plan would be an attached structure and have a 30x40 dimension, which differs from the original 29x30 detached garage. This change has been looked at in full consideration of anyone that this change would affect. It has also been looked at by Brad Nielsen who has concluded that this change of enlargement has no effect on any property owners sight, only dense woods surround the added space. Also by attaching the structure it will have a nicer eye appeal to the property. Please take full consideration of this change and grant an additional 256sq. ft. 400sq.ft. existing garage 954sq.ft. granted 256sq.ft. additional requested 1610sq.ft. TOTAL . The total proposed accessory space (1610~q.ft) does not exceed the floor area above grade of the principal structure (2402sq.ft.). The total accessory space does not exceed 10% of the minimum lot area for the R-IC Zoning District in which it is located (2,OOOsq.ft.) " ~. , f ; Exhibit D APPLICANT'S REQUEST LETTER Dated 9 May 1995 . . ..t:'() t~ o~ zt-- Scale: Date : Datum: o - Icm.4f .1 \, ~~ ... Certi ficate of Survey for Bernies Ibme Repair Service of lot 3, Block 1, I~ES TWOOD 4 TH ADD IT IOll Hennepin County; Minnesota I '. r-- Jot 88044' 5hW 2.47.00 .2 f ~ I----:---i--~C--, o O' .'10 I ~ I"Q.I'\o.C\e...r"1 · 10 : 4 U\-; Ii f.., . . [__40___ f ~ ~ ..., 4.~ , 4' ..,~o /.$-. ~,?... ~ ~ " ~ -, , ,..... _ :ll.., 'l'.. :~ ~ o 0'\ ~ Propo!.ed 1-10' I'lDt<: Lo..e~+ Floo.- E \evOI t.,o n : ~ d N~{J . G.~ 4'P~ 111 = sa' 10-28-87 (DrawirYJ), 9-23-87 (SJrvey) Mean Sea Level . I ron marker . Drainage arrow Proposed spot elevation ffi .. I hereby certify that this is a true and correct representation of a survey of the boundaries of Lot 3, Block 1, WESTWOOD 4TH ADDITION: the location of all existing buildings, if any, thereon, and the proposed location of a proposed building. It does not purport to show other improvements or encroach- ments. COFFIN & GRONBERG, INC. ~~/ ~~~~ Mark S. Gronberg Reg. ~ 12755 Engineers, Land Surveyors and Planners Long lake, Minnesota * As of the date of this survey ard drawing, the plat of hESTI.O)) 4lli ,AJ))ITI(}I had rot teen recorded. Exhibit E REVISED SITE PLAN 4 I . .Jt , . ~/ ..," ..../ ,,/ / ./. ~ €1-BV~ ''A" ~: Ybll = \'-0" -~ /' //'// / ~~ BEVA~'-! liD'. -'7411le.: '/0": \ \-D II fF0~ t0~8 ;1DD\l1a~ ~~ - 4~ ~R6-~ ?f;i:V -'?~ l'U IC ~l>t:=\..\h"n Exhibit F -"'" ~J~"" I tit PROPOSED FRONT ELEVATION . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDmONAL USE PERMIT FOR ADDmONAL ACCESSORY SPACE TO GREG KARAS WHEREAS, Greg Karas (Applicant) is the owner of real property located at 5600 Star Lane, in the City of Shorewood, County of Hennepin. legally described as: "Lot 3, Block I, Westwood 4th Addition"; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of an attached garage, the area of which, when added to the area of existing accessory space, will bring the accessory space up to 1610 square feet; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and . WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 1 June 1995, which memorandum is on flie atCity 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 flie 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 memoranda and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . FINDINGS OF FACT 1. That the total proposed accessory space (1610 square feet) does not exceed the floor area above grade of the principal structure (2402 square feet). 2. That the total area of accessory space does not exceed 10% of the minimum lot area for the R-IC Zoning District in which it is located (2,000 square feet). 3 . That design and materials of the garage are consistent with the architectural character of the existing home. 4. That the proposed garage complies with all setback requirements for the R -I C District. 1, f 2., .' , . . CONCLUSION 1. That the application of Greg Karas for a Conditional Use Permit as set forth herein above be and hereby is granted. 2. That this approval is subject to the following: a. That the proposed garage will be used strictly for purposes of a residential nature. b. That the Applicant is hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for other than allowable residential purposes would have to comply with such regulations. 3 . That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for fIling with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCn... of the City of Shorewood this 12th day of June, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm City Administrator/Clerk - 2 - MAYOR Robert Bean COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM '~ . TO: FReM: DAlE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 5 June 1995 Martin, Steve and Roxanne - C.U.P. to Place More than 100 Cubic Yards ofFill 405 (95.16) BACKGROUND Steve and Roxanne Martin propose to construct a landscape berm across the front of their property at 5750 Christmas Lake Road (see Site Location map - Exhibit A, attached). Since the amount of fill required to create the berm exceeds 100 cubic yards, they have applied for a conditional use permit, pursuant to Section 1201.03 Subd. 8 of the City Code. The property is zoned R-IA/S, Single-Family Residential and contains 44,121 square feet of area. The proposed berm will extend across the front of their property as shown on Exhibits B and C. The maximum height of the proposed berm is six feet. . ANALYSISIRECOMMENDATION Section 1201.03 Subd. 8 was generally intended for much larger projects involving substantial site alteration. The Martins' request is considered to be relatively minor, requiring between 100 and 200 cubic yards of fill. The primary review of this type of C. U.P. is done by the City Engineer. Even with a project as relatively small as this, the main concerns are drainage and impact on adjoining properties. These are addressed in the City Engineer's letter, dated 1 June 1995 (see Exhibit D, attached). In addition to the Engineer's recommendations, it is suggested that erosion control be placed to prevent erosion into existing drainage facilities and into Christmas Lake. Based upon the preceding, it is recommended that the C.U.P. be granted as proposed, subject to field verification by the City Engineer that proper drainage has been maintained. cc: Jim Hurm Tim Keane Joel Dresel Steve and Roxanne Martin A Residential Community on Lake Minnetonka's South Shore iLrJ I , I I I I I I , , I , , I I I L--.- -----J I (LOr "5. ~-=::~------ REloC)vEO FROII TAX RECORD) I i =5-04' 165.9 u 40'0.37' 0.4.45' T.IIZ.1 l02~5 ~~~~ ~ ( 18) Ii; .~ ................:' ~....... l! ~1,fj t~\ ~~ ~.l---- I _~-- ( 14) (4) .- , - ... ,.: 5 ~ ,/. ......... ,N I- ,''; .., .", , 41 I . I , , , I , , (LOT 144. AUO SUB> IZO. ROOYEO' FP'lU TAX RECOROS) A(!JJID) ~(!JJ~~ 00<<>> 1~@ 145 ( 10) , , 11.'<;" AvE o. j . 151 - l:i) (1'3 ) ... ( 12) 149 11'I ( 11) ~ 153 a ( 15) " - - 00 I.. -S.., b~~t. ... c= :~ f9)' cr:: "'Fe 18)". , , , ' , (4) , I t I I , , I I , I I , I , , I , IL..__________ , : 148 I , I ! (6) I , , ~---.--------- I , I , , , , , , I 156 (21 ) 146 (39) \'1~ I. ( 5) ( 15) <", _41 16t.5 ... ~ " ~!'STl .' Ii; . N Vw . ~ i : -l .'. ------~---~-~------------ - - . . (7) ~~,~ c.l\........,,~~? L.~4. ( 20) 663.9 -. .~- -- .... too .'. (23) ( 13) --________f~_________~ , , I , I , ; . ~~ i-l----~----------------------~ ~ 1 1 15& .- I~ ~ (24)..-r : (27) /.. ., 7' 25> ':n' . Z63 ,r , . , - f' ~l........... .\:;.).-............-.. .~.l- -- - ----- ----- ~~ ~-- -----------1 --~-------------------1 159 ~ I. . , O' I (2) (23) ! -~ :... .:.::.. ...... ., ~ ( 26) .t: .... " 104 ( 28) 376.6 33 (3) t< IZ) (13) 1~(IC) /' ~ Nt~ J If: J.OO ' GOVT LOT 4 @ Exhibit A SITE LOCATION Martin - c.U.P. BUll.DING PERMIT SURVEY FOR; ~7€j/E IlJA.enk-' ...~ II"'~ tI1 ~ L", r I ~t1!J I ,y. ~ r 6:'/" ~,p "2 -s-o. ,0 /S"6 /Ju~ ~ viIS ,.. _ ~- /4,63 N.. ~ - It. ~Ro",t"FV da.- 1-1 XZ2 57~() (J 1!,e/S71nl1f.L 1J)r1: Ro190 /9#.5"'7 MAY 1 2 1995 Aw"",i~f.L 1~ .()~ Dr blrft"\ . - . - C · WOOD STAKE PLACEO B.M.. - . 1 ~~ \7S ..~ ~! d ~ ~ "'1 '-, ~ ~ ~ ~ ~ o · IRON MON. SET . · IRON MON. INPLACE BEARINGS .ON PROPOS EO INFORMATION ASSUMEO DATUM 1st FLOOR ElEV. BASEMENT ElEV. --.. · DRAINAGE 000.0 · EXIST. ElEV. (OOO.~I PROPOSEO ElEV. GARAGE FLOOR ElEV. TOP BLOCK ElEV. E&P 000.0 · EXIST. & PROP. ElEV. I hereby certify that this plan. survey or report was. prepared by me or under my direct supetvfsion and that' am a duly Registered Land Surveyor under the laws ot the State 01 Mlnne~ ~ /::J ) / _ ~T Oate: ",AR, Z ~/ J99~ Reg.stratlon No. Exhibit B PROPERTY SURVEY SCHOBORG NO SURVEYING INC. 172-3221 ."" 0,. "'- 13 SE 0....... S!I3:2lI ~4S 5' Sook - Page 32-69 . .. ~ ~ tt>~lt.- . 1)w"",," ~Ol\.vN L.L.AL- ::::r,;;"hN~i.. c.'l..U_'t L I ,-M.. l"Rib \ Wit... "'D ClWWOOt:> I I I I U"HNY A ~I Off.. VI Tire.. LLU~T ~~\hUt.&"u..y vJOODWALb G-LoIIlL AR.t09-VI'TI,L ~ IJ I~ Ii I~ .,. ~ , I Dw~\l.F ~~DlULMI I LIl-^Q.. ~ ~I Exhibit C PROPOSED BERM ~Nau. ~~ ~D~a '1).Y.. 1LVI u...)l. L.LOvv. 1> 5"TL,v\l:JIU(z.U.! . June 1, 1995 ~.. ''"''. '.';;1....-~'\j iL;~'. 0 IT .:' . ',\..t -'. .~-: '- X."" "'; ~~& \~ ~tes,lnc. JUN ,.. ~.-r-I- - ~ i~~J 300 Park Place East 5775 wayzata Boulevard Minneapolis. MN 55416-1228 612-595-5775 1-800-i53-5775 FAX 595-5774 . Mr. Bradley 1. Nielsen City Planner City of Shorewood Shorewood, MN 55331 Engineers Architects Planners Surveyors Re: Martin C.U.P 5750 Christmas Lake Road OSM File 5575.00 Dear Mr. Nielsen: We have reviewed the information you sent us regarding the referenced C.U.P. application. Based on this information, we see no reason to deny the request, but offer the following suggestions: 1) Care should be taken to maintain the 4:1 slopes proposed in Mr. Wilson's letter; 2) Drainage to and along Christmas Lake Road must not be blocked by the berm. In addition, the berm should be constructed such that erosion from runoff is minimized - both from the berm itself and from any water concentrations that may occur because of the berm construction. It may be necessary to build "cues" or install drain pipes through the berm to accomplish this. 3) The berm should be confmed to private property as proposed. Please call me with any questions. . Sincerely, ORR-SCHELEN-MA YERON & ASSOCIATES Joel A. Dresel, P .E., L.S. City Engineer Exhibit D CITY ENGINEER'S LETTER Dated 1 June 1995 :-"~.." -,..:::~:~. ~:;--'~';" \', ," ~4. t. CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDmONAL USE PERMIT TO PLACE FILL IN EXCESS OF 100 CUBIC YARDS FOR STEVE AND ROXANNE MARTIN . WHEREAS, STEVE AND ROXANNE MARTIN (Applicants) are the owners of real property located at 5750 Christmas Lake Road, in the City of Shorewood, County of Hennepin, legally described as: "Lot 156, Auditor's Subdivision No. 120. That part of the north 1337&10 feet lying east of the west 25 feet thereof. Hennepin County, Minnesota."; WHEREAS, the Applicants have applied to the City for a Conditional Use Permit to place approximately 100 to 200 cubic yards of fill to construct a landscape berm on the above- referenced property; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit to place fill in excess of 100 cubic yards; and WHEREAS, the Applicants' request was reviewed by the CitY Planner and the City Engineer, and their recommendations were duly set forth in a memorandum to the Planning Commission, Mayor and City Council dated 5 June 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 Applicants' 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: . FINDINGS OF FACT 1 . That the proposed fill will not exceed six feet in height and will be used to provide a landscape buffer between the Applicants' property and the street. 2. That the area of fill shall be limited to that which is shown on Exhibit A, attached hereto and made a part hereof. 3 . That the slope of the finished grade will not exceed four units horizontal to one unit vertical. 7,4,Z, ....l . . CONCLUSION 1 . That the application of Steve and Roxanne Martin for a Conditional Use Permit as set forth hereinabove be and hereby is granted. 2. That this approval is subject to the following: a. Any existing culvert under Christmas Lake Road must not be obstructed. b. Drainage can not be altered so as to adversely impact adjoining properties. c. That fmal grading shall be subject to approval by the City Engineer. d. Erosion control measures must be in place prior to tilling. e. That the landscaping of the berm will be completed by 1 August 1995. 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 12th day of June. 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm City Administrator/Clerk -2- . ~ .. 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: 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-1C, 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 YSIS/RECOMMENDATION The Huntington's property is currently substandard in two ways: 1) it has no frontage ona public street (access is by easement); and 2) it does not contain the minimum lot area (20,000 square feet) for the R-1C 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 rern.a4tder 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 *7# . .. ~ Re: St. John's Church/Don 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) ~ ~ ~ ~ _ - -u!.L.!lE EXw,.SIOR ~ CITY"1W SHOREWOOO- ~ ~ tJDr-tk ~ N&7'\ ~-'1~ ~ I ,. - ,. --- I ~ ,"", (IF lO' '1' (7) lSl 'lJ (6) ('36) ----------------, (39) III! ra w (9) ~ 101 ! - --- - - ---r- - --- -- --- _ - ___i : ..., : L_______...._. __.._... , (8) 8: I .. --T-..----..-....-..~ ..: III ; :I; ('~ (( ;a -1" ~~ E .:_..i________.____________..______.., Cl (41) 1'133 301 (Iii) " " (32) on .. .; Nl!9.15"". ;; 1 I~ I. I~ , . ~ f~ .,- J----~--\--"'::.~-------I------l=)"'-~----..... ,'." t . ~, /'! ", <ii, : '30 :: .., (8) l '--7f-TI.. m, 57 ~: J'" se.ll IH.e! L DEE6 1 ~ (9) "q. (,,':'. 191I t. '36 ( 15) 1<5.. _'If'07W .. Nl!9.lf'5"f 1 . T (13) ~ 8 ( 19) 351l, . \~o:~ , l'l ".:~' ..,. ~, , , ''135ft.'' " M) -. , :''; ~ ~~ (~a:i~ ,"' I . " ~~..., (~tj) ~~ ~ , "',~.., -.~! ~~~~ .. ~ '" f c; '3Il ( 16) ~~~ ~ Ci; (33) ,., '" ~ Exhibit A SITE LOCATION St. John's/Huntington - division/combination /~ i> h."i / / . / '.;.. . . /; ,/1 ~/ . ::'-:'j t; 0' I 'l f/:' .... 1.~: ..,' .~....I I .' I~' ( " " I' ~ ,.' .' '. /::1 ",,-- :..;:, I '-k,".' ,~, ..;\-.".' \)~ .,':1 '~, / ~}' ~~J /_-:: . :...t:,,", - ," t>.,..i ,1 IIJ' 0""....,,1 h' ,\,,/ '. ( ," ..-.S>/,:./ :o;,.A!' I ,,' . )t" ' I,:.;..!~. -""~': i :~l(-- V: . I, r / S " . .--- .- :...1 G "',-. ., '/"/:;~~:' z:::,,"':1t..:, ': '-<3,::.,~:..'~~~f;/'1f, ~ , ' / {(<I / .~ " ,. f)'. . f!~ ..' '. '. I /X7,61" ". xo...:- (~';~: .." ""':'. ~~ ~}"'I "'-", I /1 "/ . ..'. .>"'" . --? F "':.'. J . " ,.... _ ~.-" r<5: -' ". .\ . \' 'bO / /:)(/ I i~')y[-f;}:J:-' :C)\J.. I:?;;:.J~ 6';" - ';Y' >-. .' <\ ~/,:~., ~ ~ ._. \= "J . ,~1f~~'~',.!{'-'''~:'~''''' '. /,., c-,_...Y~" '.,r.-, j..,., ~wz.,/ ,L' \ 0) I /h' . ..:; :r.;~- (,....,,~.;.~,.. 0 -. .:;-. ..- .' ,.,-' \ "\" "'~.;> \. I I ". I. ...,i~mii't<', ,. .:.'., ".;,-j",>-- . ~%(.,:, ~ (; ,~ . ,( f 9/'/ ' __ __~.;AI~P',~'1~/~},V.;:i'~~ 1 '<--'" '0," . ,. \ :- I\.~' .' i> Q~ I.)'-.L,' . ......'" ' . .,~t-l1?i'.;P(~."'/.t~''''.~'!~.~''J.'', A~1'~.."", I,~.r;.. ';'./. .' ~. I .. 7' ~.. .~;., t(1. ,'I'!)~',;;t':':'/jtJ/1' ,. ~ ' i'" i. /' / / I ., · ..i:~~~~'-" / . ' "";. <f>....: .... . ,.~ / I' / & . . """,.,:..\";;~~..-t).__. ":' 'I ^ -,:,' ~'fV' ",v /"'S 6, ", ,'['fS'<",''1,U ,':;". .-' t/l .0 / "'- / "- "!!il";'!'::: ~ ,," .:: . C? ..., ~~f. /'/.i/ (,~~,,'.~ '<:., '-<, "'... ~~ tj'. ,.~ ~"--';"'II.,:.,." '" I"'! "" . ,,'''''-.:. I . '. \ / / '~""'. ~ '" V< / . " "-. "" ' j- , -.. \. /, .. " '" '" '. 1 "", ' 958 I ~ .......... . ". \. I .' !.l1 / /.~._L, J- ,~ "- ~ .'1.., .~~N' '. ,,~"'-...... , I -....7l , !) ~ ~. ,jtDW ",,/11 "- / . _ \ ~ \ ..... ,\' "'-y, ~'<7'5efJ6""",'" ~~\ \. '. \ ,'.:. '; ff'~ I -:::-'1<-' ,"" " !"_ r 1 .(............... '\0.' '- 1'~" '... " '7 I , ",1111' . eftt1l*ft/J"td tledf ,ill" / ______. _ pQl'/J,~~6fer'" ? 50" - f?trl~ -tD b~1 ~,,~d - , .\ \,,), .~__.\ . 'c:,\: s. \ .> fl' " ,,';" . .9. '\. ..~ '" ~ " "" ? . . \ ./ \ \ I . t- ,?, ".~ .',?'. \ I " , .;>, 6' S. o .,r, 'J6~' '6" .j' .'" " (/1 ":v,d-i~+D 1\ l~ ._~ & t"J' l /~ (.-;: ... " '-........ : , ,I :- . ,10 ''''r~. I-- ' C t '~'J -;;I~ -, '...u I .1,\ r- ",,(,'( .j" .,. ,v, ....:t.": 1\, \ \ :-'- / .." -- - ( s'] N aD 4 02 'J LINE OF GOV'T L<)TI 1;" .o~ "". "l -., . " Il~ "<'1, t; I , . -..-- ~' . . CITY OF SHOREWOOD RESOLUTION NO. 95 - A RESOLUTION ESTABLISHING A SNOWMOBILE TASK FORCE NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that a Special Temporary Snowmobile Task Force is hereby created to operate within the following parameters: PURPOSE: The Task Force is created to investigate reports of snowmobilers violating City code, make recommendations regarding steps to reduce snowmobile violations, draft and Implement an action _plan to acqJlire accurate data on the number and seriousness of violations during the 1995/9"6 snowmolJile season, analyze said data and p~pare recommendations regarding the potential of banning snowmobiling in all or part or the Ci!y, and as an alternative, a continuum of steps which could be taken to niake snowmobiling a safer more acceptable means of winter recreation and transport in Shorewood. OBJECTIVES: The Task Force shall address a full range of issues in their report to the City Council regarding snowmobiling in Shorewood: . Define the issues and identify and detemrine the extent of problems to be addressed. . Analyze and report on issues and problems regarding snowmobiling on the Regional Trail City rights-of-way, City streets and private property. . Review possible strategies to reduce. incidents of noncompliance with City code and to acquire reliable data on such incidents including but not limited to: additional or revised snow patrol activity; use of radar or videotape; additional signage, educational programs, physical barriers, and additional patrol by Hennepin County Water Patrol and-Sherifr, and South Lake Police. #g Resolution No. 95-_ Page 2 of 2 TASK FORCE MAKE UP: The Task Force shall be made up of a member of the Planning Commission (with an alternate), a member of the Park Commission (with an alternate), and four Shorewood residents (with a balance of opinions on snowmobiling). The Chief of the South Lake Minnetonka Public Safety Department, a representative of the Shorewood Snow Patrol, and the City Administrator shall be nonvoting members, and provide staff support. The City Gouncil shall appoint the members and designate the chairperson by separate resolutIon. EXPENDITURE OF FUNDS: Expenditure of funds in the form of staff support or equipment shall be authorized in advance by the City Council. Normal City polICIes and procedures shall be followed. PROCEDURE: Meetings shall be called by the Chair by requesting the City Administrator to send a notice of the tIme and place of the meeting and an agenda to the task force members. Notice will . be p<?sted at regular locations and mailed to the press at least 72 hours in advance of the meetmg. SUNSET: The mission of the Task Force shall be completed and the Task Force shall cease to exist following final report to the City Council, within one year of its first meeting, unless the City Council, by' resolution, expands the mission of the Task Force and its duration. The City Council will take appropnate action on recommendations within 60 days of the fmal report. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 12th day of June, 1995. Robert B. Bean, Mayor . ATTEST: James C. Hurm, City Administrator To: Mayor and City Council James C. Hurm, City Administrator From: Teri Naab, Deputy Clerk Date: May 18, 1995 Re: Ordinance Amendment to Chapter 701 and 1302 Regarding Kennel Licenses . Attached is a proposed ordinance regulating the keeping of over 2 dogs within the City. All current kennel license holders have been given a copy and an opportunity to review the proposed ordinance and have not stated any objections or made any comments. Basically this amendment sets out criteria for allowing the keeping of more than 2 dogs on any one property, and establishes guidelines for staff to follow during the application and investigation of said license. The main differing points from the existing ordinance are as follows: 1) Provides written authorization for City staff to inspect the kennel area, and provides for guidelines for the construction of kennel or shelter. 2) Provides standards for the placement of fencing. 3) Provides reasons for denial. 4) Provides a procedure in the event of a complaint or violation, and a followup procedure. License holders will be required to appear before the City Council to explain their situation, after notification to the surrounding property owners. . 5) Provides for an exception to the number of dogs allowed, at the Council's discretion. It should be noted that the annual kennel license fee has been reduced from $50 to $25 for the first year, and $10 for renewal years. License holders will still be required to individually license each dog. This reduced kennel license fee is more compatible with surrounding communities. Also, it is the intent of this amendment that all renewal kennel licenses do not have to be reinspected if there has not been a complaint or violation during the previous year, thereby cutting the expense to the City and making it more ameanable to homeowners to obtain the license. .. - ' ... CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 701 OF THE SHOREWOOD CITY CODE REGULATING DOGS WITHIN THE CITY AND SECTION 1302 RELATED TO DOG AND KENNEL LICENSE FEES The City Council of the City of Shorewood, Minnesota, ordains: Section 1. Section 701.04, Subd. land 2 are repealed in their entirely and the following Subds. 1-5 are adopted in its place: . . Subd. 1. Kennel License: Within the limits of the City, no more than two (2) dogs, over the age of six (6) months shall be allowed in any household unless the owners shall first obtain a kennel license. This license shall allow an owner to keep up to four (4) dogs over the age of six (6) months. Any person desiring a kennel license shall make written application upon a form prescribed by and containing such information as required by the City. Every owner is required to keep a valid, individual license tag securely fastened to the dog's collar or harness. The owner shall pay a fee for the kennel license as provided in Section 1302 of this Code. This license shall be valid for the period of one year, beginning on January 1 and ending on December 31, and is non-transferable. The application shall contain the following information: a. The number of dogs over the age of SIX months to be maintained on the premises. b. A description of the real estate property upon which the animals will be kept. c. Written authorization for the City to inspect the premises which shall be valid for the length of the license. Application for a renewal license shall be inspected upon receipt of complaints. Said inspection shall be to confirm compliance with the following criteria: (1) If an outdoor kennel is provided, it must be constructed of suitable material to maintain and secure the keeping of dogs J:F9 , '" and to allow for sufficient space for the dogs. Standards for adequate shelter for dogs is specified in Minnesota Statute 343.40, and is hereby adopted by reference, including any amendments to that section. Said space must be inspected and approved by the Animal Enforcement Officer. All surfaces m u s t be constructed of material to provide for proper cleaning, drainage, and maintenance and needs of the dogs, Kennel structures must be located within the prescribed setback requirements for the property and shall be located at least ten (10) feet from the property boundary. All fences shall be located entirely upon the property of the fence owner. No boundary line fence shall be erected closer than three feet (3') to an existing parallel boundary line fence. (2) Owners must ensure that dogs kept on a licensed premises . do not create a nuisance by excessive barking, or by creating unsanitary conditions. d. Notification of any pnor violations during the prevIous licensing period. Subd. 2 Denial of License: The City may deny any license request based upon one or more of the following: a. The Animal Enforcement Officer finds the kennel facilities inadequate. b. Conditions of the license are not met. . c. A nuisance condition is found to be created by the dogs or owner. d. The kennel creates a public health and safety hazard, 0 r has placed the animals in an unreasonable endangerment. The City shall investigate all complaints and may issue a citation for violations. After a complaint has been received and found to be valid regarding a kennel license, the holder of said license shall appear before the City Council to state or explain their position. Said appearance shall be within 30 days of the initial complaint and after notification of all contiguous property owners. The City Council will then decide the status of the license. ... - .. Subd. 3 Exceptions: a. An applicant may apply to the City Council for an exception to the maximum number of dogs allowed per property. b. This section shall not apply to non-residents or dogs kept within the City for less than 30 continuous days. Subd. 4 Revocation of Kennel License: In addition to any other sanctions herein provided, violation of any of the terms of this Chapter shall be grounds for termination of the privilege of keeping up to four (4) dogs, and said license may be revoked. Revocation may occur for a violation attributable to any dog kept by the owners. . Section 2. Section 1302 IS hereby amended as follows: Kennel License $ 25. OO/ini tial license 10.00/renewal license Section 3. This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOT A, this 12th day of June, 1995. . Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator .... ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 903 OF THE SHOREWOOD CITY CODE ADOPTING AN ASSESSMENT POLICY FOR THE PROVISION OF MUNICIPAL WATER THE CITY COUNCIL OF THE CITY OF SHOREWOOD. MINNESOTA, ORDAINS: Section 1. Section 903.18 is renumbered as Section 903.19. Section 2. Chapter 903 of the Shorewood City Code is hereby amended by adding the following: SECTION 903.18 - WATER ASSESSMENT POLICY Subd. I - SCOPE AND PURPOSE . This policy is intended to provide a fair, equitable: and consistent means of allocating the cost of water improvements. ~ -..:i~ Subd. 2 - DEFINITIONS a. Annual Rate: The rate used for City water assessments as computed under Subdivision 5. b. Building Site: An area of land on which a building exists or an area of land meeting city code requirements on which a building could be constructed. c. Construction Cost: Amount pai~ to co~tr~ctors for C(;>Dstructing the improvements. . e. d. Construction Interest: Cost of financing the improvements from the time the project is initiated untii the assessment roll is approved by the City Council, less any interest earned on invested funds. The interest rate will be at the expected assessment rate. f / Dwelling Unit: A residential building or portion thereof intended for occupancy by a family, but not including hotels, motels, nursing homes, boarding or rooming houses, or recreational vehicles. f. Equivalent-Residential-Units: The number of equivalent residential units is . determined by square footage of the nonresidential parcel-one unit per 20,000 square feet of land area or portion thereof. g. Lot: Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of Shorewood's zoning regulation having not less than the minimum area required by the Zoning Ordinance for a building site in the district in which such lot is situated and having its principal frontage on a street, or a proposed street approved by the Council. h. Lot: Comer: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street the interior angle of which is one hundred thirty-five degrees (135 0) or less. Page 1 tF/o ~ 1. Project Cost (Total Cost of Improvements): All construction costs, plus costs for administration, engineering, legal, fiscal, easement acquisition assessing, and any project related work previously done but not assessed. J. Residential Unit: A residential unit is a platted single family residential lot wpich, in accordance with the City of Shorewood's zoning and subdivision regulation, cannot be further subdivided. Subd. 3 - SPECIAL ASSESSMENTS a. Benefit Principle Special assessments, as authorized by Minnesota State Law, Chapter 429, may be levied only upon property receiving a special benefit from the improvement. In Minnesota, the Constitution and courts apply this general rule -by placing the following limitations -upon the power to levy special assessIDCTIts: 1) the ~'ate must be uniform and consistent upon all property receiving special benefit; 4) the assessment must be confined to property specially benefited; and 3) the amount of the assessment must not exceed the. special benefit. The special assessment is a financial tool employed by the City of Shorewood as a means of allocating the costs of specific improvement projects to the benefited properties and spreading those costs over a number of years as specified by the City Council. Special assessments are billed to the property owner along with real estate taxes. There is, however, a distinct difference between taxes a.'1d soecial assessments. Real estate taxes are a function of the real estate value as determined by the municipal assessor, while special assessments are a direct function of the enhancement of value or the benefit which a specific improvement gives to the property. . b. Consistent & Equitable Once an improvement project is initiated and it is determi..'1ed that the improvements are necessary and desirable, the special assessment procedure is intended to equitably and consistently allocate and leVy the cost of specific improvements to the benefited properties. The City must recover the appropriate pcrtionof the expense of ~l1sta1ling public improvements, if undertaken, while ensuring that each parcel pays its fair share of the project cost in accordance with these assessment guidelines. ':-- . . This policy sets forth the general assessment methods and policies to be utilized by the City Administrator and City Engineer when preparing assessment rolls for approval by the City Council so as to assure uniform and consistent treatment to the various properties from year to year. The following policy is general in nature, and certain circumstances may justify deviations from stated policy as determined by.the City Council. Page 2 Subd. 4 - SPECIAL ASSESSMENT PROCEDURE . A flow chart on the Shorewood Public Improvemer-t Process for. Speci,al Assessment projects giving a detailed .explan.ation of '~':1e precess is shown on the next page. . a. Initiating the Proceedings Improvement proceedings may be initiated in (illY _one (i) of the following three (3) ways: 1. By a petition signed by the owners of not!ess tha..l1 thirty..;five percent (35%) of the frontage oft:-~e real property abut"Jhgon the streets named as the location of t."!e improvement; 2. By a petition signed. by 100% oftheowrrers of real p2;:;;~erty a~tti.,"1g any street named as the location of tr.e improv::me:::!. Up()n~'e(;,;;i9t 0l-1petition of J 00% ot the abutting Foperty owners, L1~ C:ttyGccncil m~st.Jett;r:nine that it has been signed by 1 00% of the own~r& of the affected property. After making this determination, a feasibilitY' report shall be un.dertaken .and the project may be ordered withcut a public hearing, or 3. By the initiative of the City Council. Petitions for improvement shall be referrea for!$.ch-:i;i1is~.rath~ !'!'jxnt cd .estimred budget. A simple majority vcte of t'1e City Ccur:.cil !_ueeded.3... 3tart ili'5 proceedings. Whether initiating the proc;eecllngs yr. accepting a petition requesting such proceedings, the City Council may simultane-:>l;dy order,a feasi'bili'".y repcrt Dn. the proposed improvement. Feasibility reports shall be paidfor by.the City in t.1ie case of water construction projects and recouped once the project as completed under the terms of this policy. .! ',;, : .:. " , . b. Preparing the Feasibility Study' . An improvement project which is initiated by action <}f the City Ccuncil 0: 9Y a 35% petition may be ordered only aftera ptlolichea.ri.Ilg. Prior t:, aCopt.."ng' a resolution calling a public hearing on an improvement, the Council must seC'.lre from the City Engineer a repcrt advising it in a preliIninary.way as to: \. , I. Whether the proposed improvew.~nt is feasible; , . . ~ ~ .,.t 2. Whether the proposed improve~ent is consistc!lt with~pit&l Improveme~t Planning;.;'.'.. 3. Whether the improvement should be made as proposed.or in connection with some other improvement; 4. The estimated cost of the improvement; 5. A proposed project schedule; an? 6. Any other information thought pertinent and necessary for complete Council consideration. ' " , , I Page 3 ;...., . c" c. Holding a Public Hearing on the Improvement Improvement projects which are initiated by a .1 00% petition :nay be ordered by the City Council without a public hearing if the City Council determmes the project may be undertaken without unreasonable changes to the'Capital Improvement Finance Plan or the petitioning property owners agree to pay 100% of the cost of the improvements. In LlIe case of a CGur.cil-ipJtiaterl project or petition of less than 100% of abutting property owners; the Council must ~ariopt a resolution calling a public hearing on the Improvement project forwhich mailed and puhlished notices of the hearing must be gIven. The notice of public. hearing must include the following information: 1) The time and place of hearing; 2) The general nature of the improvements; 3) The estimated cost; and 4) The area proposed to be assessed. Not less than ten (10) days before the hearing-the nctice of heariflg must be rr'"ailed to the owner of each parcel in the area proposed to be a::~ssed. The notice of public hearing must be published in the City's legal Jle.":'/spape:- atlec5~ twice, each publication being at least one week apart, with. the las:pubhcz:ion:.a.: least three (3) days prior to the hearing. At the public hearing, the contems of the fe2Sibility ~~udy will 0e presented and discussed with the intent of giving all interested pa..rti.es an opportunity to be heard and their views expressed. . d. Ordering the Improvement and Ordering Preparation.ofPlans & Specifications Following a public hearing a resolution ordering the improvement may be adopted at any time within six (6) months.after.the date of the hearit:g by a four-f.:...+ths (4/5) vote of the City Council, unless.the petition was initi&ted bya35% petit.::m in which event it may be adopted by a maiority vote. The'resci!.:T;.on may reduce, but not increase, the extent of the improvement as stated in the notices. At tPis time a special assessment is considered to be "pendll;tg" for all assessable' properties in the improvement area. . . : . After the order of an improvement project, the City Council must order the preparation of plans and specifications wPich may be included as part of the resolution ordering the improvements. When the Councildetermines.to make any. improvement, it shall let the contract fer' all or part of the work, or order aIr or part of the work done by day labor, no later than one (1) year after the adoption of the resolution ordering such improvement unless a different time.limit is specifically stated in the resolution ordering the improvement. e. Advertising for Bids . , If the estimated cost of the improvement.exceeds $25,000, bids must be advertised for in the legal newspaper and such other papers and for such. length of time as the City Council deems desirable. If the estimated cost of the improvement exceeds $100,000, the advertisement must be in.a paper published in.a first class city, or in a trade paper not less than three (3) weeks before the last date for submission of bids. The notice must contain the following information: Page 4 . t'J: -.., 1. The work to be done; 2. The time when bids will be publicly ope~ed which mUf;! be ~ctless tha'} ten (10) days after the' first pubI:.cation of !headvertisement when t:le cost is less than $100,000, a.."!d not less that tlm~e (3) weeks after pubEicationc in all other cases, and . 3. A statement that no bids will be c003idered unless th.eyare s~a:.ed.and accompanied by cash, a cashier's check, bid bond 0f :ertified check for such percentage of the bid as specifi..ed by the City Council. f. A wardin~ Contracts Following receipt of the bids, the City Council must either: L Award the contract to thelcwest~espcnsit:Jel"iddc.r;c.f 2. Reject all bids .....; .' , , . The contact must be awarded no later than one ei).:?~..r af.terthe adopticn. of the resolution ordering the improvementurrlessj~a.t re~skrt:o:l ' specifies a different time limit. The City Council may purchase the' materials :hid cder dle.wc!k done,:'}' day labor or in any manner it deeIP.s prcp.er if: . : . 1. The initial cOst of the eGtire worK doe~ not: ex:;e::j ~25 ,;JOO; 2. No bid is submitted after ad"ert:.sement; or 3. The only bids are higher than the.engineer'~.estimate... Preparin~ Proposed Assessme:1t Roll g. . . . '. After the expenses incurred or to be incurred in the.com!)l~i0n=-.J a.:., imDrovement have been calculated as defined in Section VI'7C ?iajeci.C:,st$,the City Council must determine the amount it. will pay a",-d the 2Ii:.cunt to be ~pecifulyas~essed.' The City Engineer and Administrat.jr/Clerk must calculate the smcunt tc be specially assessed against every parcel of land benefited by .the iinpmvement. The3.rea to be assessed may be less than, but not mort{ than, the lli-ea proposed t.~ be assessed as stated in the notice of public hearing on the improveme:::lt. The assessment roll should contain a description of each parcel cfprop-trty a.."1dtheassf.;ssment amount including any deferred assessments. Tbe assessment roll must be filtd with the City Administrator/Clerk and be available for public inspection.' Holdin~ Public Hearin~ on Proposed Assessments h. A public hearir..g on the special assessments m~lst be held foUowingpnoiished and mailed notice thereof. The notice of the assess.'Tlent public heti:ng mustinclude the following information: . . '. .\ ", j . . 1. The date, time and place pfthe !p~ting;', '. 2. The general na!Ure of the iillDro.vemer.t; . I 3. The area proposed to be assessed; Page 5 ,. 4. The total amount of the proposed assessment; . . ~ . 1\ . . . I 5. That the as sessment roll is on file, with the Clerk; '.! '~ ' 6. That written or oral objections will be consjdered; 7. That no appeal may be'taken as t~ the 'amount of asses~ments unless a written objection signed byl the affected property owner is filed with the City Clerk prior to the hearing or pres,ented to the .presiding,~fficer at the hearing; and ' . 8. That the owner may appeal the assessment to the district court by serving notice on the Mayor or City Clerk within three (3) working days after the adoption of the assessment and filing notice with the court within ten (10) days after such appeal to the Mayor or the City Clerk. The notice of the assessment hearing must be published in the legal newspaper at least once, not less than two (2) weeks prior to the hearing. The City Clerk must mail notice of the assessment hearing to the" owner of each parcel described in the assessment roll at least two (2) weeks prior to the hearing. The mailed notice must also include, in addition to the information ,required to be in the published notice, the following information. 1. The amount to be specially assessed against that particular loti piece or parcel of land; 2. The right of the property owner to prepay the entire assessment and the person to whom prepayments must be made; 3. Whether partial prepayment of the assessment has been authorized by ordinance; ~- -.J;.' " - ~ " ~ . 4. The time within which prepayment may be made without the assessment of interest; and 5. The rate of interest to accrue if the assessment is not prepaid within the required time period. Adopting the Assessments At the assessment hearing or at any adjournment thereof, the City Council may adopt the assessments as p'roposed or adopt the assessments with amendments. If the adopted assessment differs from the proposed assessment, the clerk must mail the owner a notice stating the amount of the adopted assessment. The adopted,,,, assessment roll shall include any and all deferments on large or unplatted parcels of land. 1. J. Transmitting Assessment to County Auditor After the adoption of the assessment, the Cio/ Clerk must transmit a certified duplicate copy of the assessment roll, including all deferred equivalent residential umts to the County Auditor. Subd. 5 - SPECIAL ASSESSMENT POLICIES Page 6 ,. ,~, ~ . . It is the policy of the City of Shorewocd ~ha.t all properties shall pay their fair share of the cost of local improvements as they benefit.. It is not intended that any property shall receive the benefits of improvements without paying for t.l}em. a. Establishing an Annual Rate Using a base rate as established in Subdivision 5 b below, the City Council may change the assessment rate to allow for inflation. For the purposes of this subdIvision, the inflation rate shall be established using the index of construction costs for the City's region, as published by the "Engineering News Record" or the "Consumer Price Index". b . Base Rates The City Council may change the base ratc due to cha.TJ.ges~;rt :;on:;tf'Jctioil ~ethods or materials, changedcapitcl iI:1prov5m~n~ costs, difficult to;'::,graphy or . construction areas, or' other chang~s j,.'1liere:,.t t6 .t";~e cost of prr)"Iia:ngvia~er service to the remainder of the City. Tne Base Rate will only. be changed after careful study and report by the City Engineer'indicatfng a need for a change. This report shall include, but not be limited to, the changes that have ecc~rred O~. are anf.cipated with regard to construction methods, capital improvement costs,-arr4 the remaining geographical area( s) of the City t9 be ~~rve4, by City W2.ter. c. Term of Assessment Assessments for water should be assess~d for a fifteen (15) year period unless the City Council determines that some othe::- period of time is more appropriate. d. Government Owned Properties I' l'-' e. .. . I ! Properties belonging to government jurisdictions, hicluding. tP..'; City, wi:l be assessed the same as privately owned propeity. , Non-developable Land . .' f. . .. I I . Special Assessments shall not be levied on:properti~s. deemed unbuildable due to _ the existence of undeveloped lands lying wholly and completely within zoned wetlands, flood plains, DNR protected wetlands and/or having-restricted soils as determined by the City Building Inspector. However, all parcels ofland:rre assumed to be buildabie until proven otherwise~hy the owner:. . Interest Rate The interest rate charged on assessments for all pmiectG fmanced hy debt issuance shall not e~ceed two percent (~% ) of the net inter~st rate 9f. the. bond issue. T.h:s is necessary m order to msure adequate cash flow, wnen the, CIty IS um:!.ble to remvest assessment prepayments at an interestra":.e sufficient to meett.'1e interest cost of debt or when tlie City experiences problems of cayment collection delinquencies. In the event no bonds are issued then the rate of interest cn assessments shill not exceed two (2) percent greater than the ave.rage rate of ir..terest on ail bonds issued in the previous calendar year or the current market municipal bend rate, Interest on initial special assessment installments shall begh'1. t') aCCr.Ie froJ11, the date of the resolution adopting the assessment. Ow!"'..ers must be notified by mail cf any changes. adopted by the City Council regarding ir.tert3t 'rat~s Dfprepay;p.ent Page 7 . ~' requirements which differ fro~ :hose cOl!tsined in 'be notice 'of the proposed assessment. ' g. Payment Procedures The property owner has four available options when considering payment 'of assessments: ' " , , " I. Tax Payment ~ If no action is undertaken by the property ow~er, !heQ special assessment installmentewill appear znnua1!y on the in~,vidual's property tax statement for the d~ration of th!; assessment term. , 2. Full Payment - No interest will be charged ifilieectire assessment is 'paid within 30 days of the date of adopticn of the mises~ment.ro!l. 1:. rlle initial year, the property owner may at ar:.y''dr:.:e between that date fu.id November 15, prepay the, balance of the asseSSiTIe!l.t with inte~,accmedto December 31 of that years ' 3. Partial Payment - The propertrDwner has "d one-tir~ J.FPortefiity to ,make a partial payment reduction of any amount against higher assessrt..ent. This option may only be exercised witkin the 30-day pericdirnmediate!y following adoption of the assessment rolL \ . . 4. Prepayment - The property oWner. may, wit.l1the-exceptionof.ilie current year's installment of principal and interest ?aytherem~~ning assestment balance at any time, prior to Novem~r 15 w:thout fur.'J:;r interest ch~g;::.;;. Thereafter, the next installment, with interest through:'::ec~~ber 31 of the following years will be le'tied for collec~on wit.l: the ~3.1 es::1:e ta;~es payable the ensuing year. The principal balance will be 'reduced by the amount of the' installment. ' , h. Appeal Procedures No appeal may be taken as to the amount of any assessment adopted'unless a written objection signed by the affected property owner is fiied with th~' City Administrator's office prior to the assessment hearing or pres~nteii t;:;:::'~e presiding officer at the hearing. The property owner may appeal an assessment to District Court by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessn1ent"and filing such 'notice with the D~strict Court within 10 days after service of the' appeal upon the Mayq:'or City Administrator. " " .. .' '., ' 1. Reapportionment Upon Land Division When a tract of land against which a special assessment has been levied is subsequently divided or subdivided by plat or otp.erwise,.the City Council may, on application of the owner of any pax"t cf the tract or on its own motion, equitably apportion among the various lots or parcel:; in the tract all the installIT'.entsof the assessment against the tract remaining unpaida.1'J.d not then due if it determines that such apportionment will not materially impair collection of the unpai1balance of the original assessment against the tract. The City Council may require f'lrnishing of a satisfactory surety bond in certain cases as specified'in Minn~sota Statutes Section 429.071, subd. 3. Notice of the apporticnmer.tan;: of the righno.appea! shall be mailed to or personally sel'vedupon all ov,cers of 2.Ily part of therract. In mo~t Page 8 . cases dividing the assessment balance evenly on a unit or lot basis would result in an equitable apportionment. Ifequitab!~ in a particular case, such a procedure would be most practical and adIPjnistrath'-::ly effective. : Subd. 6 - ASSESSMENT METHOD a. Unit Method , , Assessments for City water shall be mae:: in accordailce with the fOffiyda in the following table: ' , tructures , xlstmg Single Family 'R ',,:q.!- T ,', Multipl~' Family* , R + O,~25 Rl( "..2R ''';- 0.5 'fiT, . Commercial 1.5RUc, , I I . , R -:- TV;: Schools, Churches, Government, and Other Nonresidential I R (40,000 s.f. or land 01" I , ' less) It," &+1" 1.5R (over 40}}OO s.!". ',land) , ~J m: I LSR+1.5T Mixed Use " Assessed ~~~iiihest_ use I Asse.sed "-t .hlgces! US€ rate . T = Trunk <;:harge: . A char~e. at the time a building ryerini.:i: is iE~ued 01' UPoil water becommg avaIlable. This ~harge maybe leVle1.;UpOn reqest. " .. , R = Assessment Rate: An assessment levied when water is available or upon each newly created lot at time of pl~tting.. .~, : ' ". ' "l U = # of units. , 1 C = # of commercial units as defined bY"eEluivalent ~sidenti:.Ul!n~ts~ . 1...1 . ." * Multiple family dwellings include those homes having more:t.'1a.~ii:sm(1le dwelllOg unit under one roof (i.e. cURlex, ;tri-ple~,1. apfu."11p, ents),. For, the purposes of this or~nance, Ilo mor~til{ill12 dwewng umts 'Y<ill ~e.~owedJor each base rate applied.. ." ' ", In addition to the above, deveiope!"3 cf new subdivisions.vViil be reguired to install lateral mains, services and appmtena.'1t iteIl'iS ,at the time of platting. In those cases where City water will no~be available at the t:4"ne of pf2.tting - as ' det~rmined. by the City ~ngin~er - the develop'men~ shaUpay at the existing rate until such tIme as ~ater IS aVaIlable, At that tlIr~e1 the trui:1k charge and the amount already pald sh211 bef;ome due andpay~c~e. . . . . t: > b. Corner Lots: Shall be assessable when water becomes available. Subd. 7 - DEFERRED ASSESSMENtS Pai~ 9 ~ a. , I "'\':.\. ,. I The City Council may defer Special Assessments: 't. . ., . On homestead property owned by a person who 'qli~ifies 'under the hardship criteria set forth below.' " " .:: .1, 'j' . b. . .: . Procedure The property owner shall make application for deferred payment of special assessments on a form prescribed by'the Hennepin County Auditor and sU,IJplemented by the Shorewood City Administrator. The application shall be made WIthin 30 days after tIle adoption of the assessment roll by the City Council and shall be renewed each year upon the f1ling of a similar application no later than September 30. The City Administrator shall establish a case number for each application; review the application for complete information a..'1d detci.,!s and make a recommendation to the City Council to either approve or disapprove the application for deferment. The City Council bv majority vote, shall ~ither grant or deny the deferment and if the deferment is granted, the City Council maj require the Rayment of interest due each year. Renewal applications will be approved by the City Administrator for those cases whereby the origin.al conditions for qualifications remain substantially unchanged. If the City Council grants the deferment, the City Administrator shall notify the County Auditor who shall in accordance with Minnesota. Stat..ltes, Section 435.194, record a notice of the deferment with the County Reccrder setting forth the amount of assessment. . Interest shall be charged on any assessment deferred pursuant to this Section at a rate equal to the rate charged on other assessments for the particular public improvement projects the assessment is financing. If the City Coullci-! grants an assessment deferral to an applicant, the interest may also be dete~d, or the interest may be due and payable on a yearly basis up until the assessment period terminates and only the principal is deferred. The decision as to wheLher the principal and interest or just the principal is deferred is decided by the City Council when considering the application. Conditions of Hardship a) Any applicant must be 65 years of age, or older, or retired by reason of permanent and/or total disability and must own a legal or equitable mterest in the property applied fer whichmu:;t be t.'1.e homestead of the · applicant, or . b) The annual gross income of the applicant' shall not be in excess ofthe very low income limits (50% of media.1}).fl.Sset forth.by faI13ily size in Hennepin County's Section Eight guidelines. Calculation of the total family income shall be deterinined by the summation of all available income sources of the' applicant and spouse. Income specified in the application should be the income of the year oroceeding the year in which the application is made, or the average- income of the three years prior to the year in which the application is made, whichever is less, and c) The special assessments to be deferred exceed $1,000.00. . Page 10 "" . . d) Permanent and/or total disability shall be determined by using the criteria established for "permanent ar..d total disability" for WOrL'"It"...ul'S Compensation, to wit: 1) The total and permanent loss of t..lJe sight of both eye:>. 2) The loss of both arms at the shol.:::i~er. 3) The loss of both legs so close tc, the l't...:psttat neeffective artificial members can be used.: " 4) Complete and permanent paralysis 5) Total and permanent loss of mental faculties. 6) Any other injury wr..ic:.1, tGt~lyincapa(;:~:e:.tte owner frcm , working at an occupatio:: ~hir;.h bri::g& i:im/her a!1in.com~ , An applicant must substantiate the retirement bv reason of oermanentanclor total disabilio/ by I?roviding a sworn affidavit by a licensed medi~doctQrattesting that the applIcant IS unable to be gainfully emoloyed because-of a permanent .2..~d/or!otal disability" - Section 3, This Ordinance shall be in full force a.'1d effect fro.."'!!'~d afierits~'iZ.ge ~::i publication. ' . ~.., ADOPTED BY THE CITY COUNCIL cf'::he Cty,d%orewood,Milmes'J:a this da of' ""," ' y --- , :.., . .. l. ~ ROBEP.T B. 'BEA.L"t, ~.L~ "lOR. ATTEST I. ~ .. JAMES C. HURM, CITY ADMINISTRATOR/CLERK. . " .1 . t" , v'. '.1 ". : " Page 11 ORDINANCE NO. 301 AN ORDINANCE AMENDING MUNCIPAL CODE SECTION 1301.02 - SETTING FEES Section 1. Section 1301.02 of the Shorewood City Code is amended by adding the following: Type of Charge/Fee Base Water Special Assessment (R) City Code Reference Ord. No. 300 Charge/Fee . Lots of Record as of the effective date of this ordinance Water improvements made in 1995 $4,080.00 such assessment to be for a term of 18 years at 7% interest with payment delayed for 3 years Water improvements made in 1996 $4,366.00 such assessment to be for a term of 17 years at 7% interest with payment delayed for 2 years Water improvements made in 1997 $4,671.00 such assessment to be fnr a term of 16 years at 7% interest with payment delayed for I year Water improvements made after 1997 $5,000.00 such assessment to be for a term of 15 years, with payment beginning the following levy year Lots created after the effective date of this ordinance $5,000.00 such assessment to be for a term of 15 years, with payment beginning the following levy year Water Trunk Charge (T) Ord. No. 300 $5,000.00 Section 2. Section 1301.02 of the Shorewood City Code is further amended as follows: . Type of Charge/Fee City Code Reference Charge/Fee Water Connection Fee 903.03.3 $5,000.00 Section 3. This ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 12th day of June, 1995. Robert B. Bean, Mayor ATI'EST: James C. Hurm, City Administrator iF/I Honorable Mayor and City Council City of Shorewood 5755 Country Dub Road Shorewood, MN 55331 Q))"M Orr >'~ ,Schelen : . , ", eron& "" " .. ~tes,InC. 300 Park Place East 5i75 Wavzata Boulevard MinneapOlis, MN 5541&-1228 612-595-5i75 1-8oo-753-5i75 FAX 595-5i74 Engineers Architects Planners Surveyors June 7, 1995 Re: Christmas Lake Road / T.R. 7 Intersection Signal Cost Participation S.P. 2706-164 OSM File 5572.00 Dear Mayor and Council Members: . Similar to the Vine Hill/ T.H. 7 intersection, MnDOT is requesting assistance with the cost and design of the signals that will be placed at the new Christmas Lake Road intersection. Attached is MnDOTs estimate of what Shorewood would be responsible for in the way of funding for the signals. As you can see, the City's 5% share amounts to about $8,500, and includes construction of the lights, the emergency vehicle preemption system (for fire and police), and an interconnection system from C.R. 19 to Old Market Road. Such an interconnection will control the lights for smoother traffic flow (both C.R. 19 and Old Market Road were wired for such a control system). MnDOT would like your preliminary acceptance of this proposed cost split. MnDOT would also like to know who the lead agency will be with regard to minor maintenance of the lights. The lead agency will be responsible for maintaining the lights, with the costs split, in this case, with Greenwood. Frankly, because Shorewood is a State Aid City, they are looking to you to take the responsibility. Shorewood is already the lead agency at the Vine Hill Intersection. . Finally, MnDOT is planning on pedestrian crossings on the east and north legs of the intersection only. From a planning standpoint this seems reasonable, but Council input would be appreciated. We look forward to discussing these items with you at the next Council meeting. Sincerely, ORR-SCHELEN-~ YERON & ASSOCIATE ~. ~/ .~. ' . Joel A Dresel, P .E., LS. City Engineer ! .I encl. 1f: /3 H:\5572.00\CJVIL\CORRES\XMAS.IEr Equal Opportunity Employer . . ('l a Cl... I"- a ,a o z <:0 If) u:> .-t T .H. 7 at Christnlas Lake Road S.P .2706-164 -- Proposed Construction for 1996~ 3-21-q) :n ru :E Cost Palticlpation Breakclowa - Sigilli System and lIIIercoonutlon COIUIruction Dea.:riplion of Work Total S"le 0{ MinnelOCa Shortwooc! Federal Foods $ ~ $ j; S . $ T.II.7 It Chrislmol Lat. Raid _ 120,000 IS. 11,000 S 6,000 10 96,000 Fully TraffIC AClUawl Trame (odjuuj from SO) (odjutled from 25) Conuol Si,nol Syltem T.II.7 from CSAHI9(Ook 51.) 10 Old 35,000 IS. 5,250 5 1,750 to 13,000 Markol Rood. JnteKOllDeCtion (adjulled from SO) (adjulled from 25) SYSlCm TOlal. 15S,OOO 23,250 USE $8,500 7,750 124,000 Please Note: · Initial cost percentages listed are computed based on assignment of road authority for intersection legs. If) (]) a 1-0 01 If) .-t /-0 I I"- (]) l"- I 0' .-1 '.0 · Federal funding (80 %) is available for the signal system. --, W I- · .With Federal funding of 80% assumed for the interconnection system, the 2.5% of the interconnection system cost attributed to the City of Excelsior falls below the $3,000 minimum for cost participation. Therefore, the Department assumes the City of Excelsior's cost share for the interconnection system, If Federal funding is not available, these cost percentages shall change. · *Since the City of Greenwood is not eligible for state aid funds, the Department of Transportation's policy is to assume 80% of that City's share of the signal and interconnection systems' construction. Since the remaining total project cost participation amount falls below $3,000, the Department assumes tlle City of Greenwood's cost share for the signal and interconnection systems. This is represented in the table. u ...... lL lJ... a: ~ I- · The signal system's cost assumes the installation of a complete emergency vehicle preemption system and salvaging the inplace signal system. :> L'J I- o o · The Cities of Greenwood and Shorewood shall be jointly responsible for the minor maintenance and the power costs of the signal system. A lead agency will need to be determined for billing purposes. (See attachment) . --, CHECK APPROVAL LISTING FOR JUNE 12, 1995 COUNCIL MEETING CHECKS ISSUED SINCE MAY 18,1995 CKNO TO WHOM ISSUED PURFUSE AMOUNT 16113 FIRST STATE BANK EXCELSIOR RIBBON CUTTING CEREMONY $1 7.04 16114 PETTY CASH PARKS FESTIVAL - CASH 160.00 16115 US POSTMASTER POSTAGE FOR MACHINE 750.00 16116 BAKER ELECTRIC INSTALL EMERGENCY LIGHTS 151.83 16117 PATRICIA HELGESEN SEC 125 REIMB 400.00 16118 CELLULAR ONE AIR TIME 73.45 16119 NORTHERN STATES POWER UTILITIES 2,240.67 16120 PETTY CASH REIMBURSEMENT 64.81 16121 DANIEL RANDALL SEC 125 REIMB 169.17 16122 ALAN ROLEK SEC 125 REIMB 40.00 16123 US WEST COMMUNICATIONS 655.57 . 16124 BELLBOY CORP L1QUORtMISClSUPPLlES 2,486.30 16125 GRIGGS, COOPER & CO L1QUORIWINE/MISC 3,621.28 16126 JOHNSON BROS LIQUORS L1QUORIWINE 1,285.07 16127 LAKE REGION VENDING MlSC 153.18 16128 L1NDERHOUMTRUC~NG FR8GHf 488.80 16129 NORTH STAR ICE MISC 90.00 16130 PAUSTIS AND SONS WINE 562.50 16131 PHILLIPS WINE & SPIRITS L1QUORIWINE 1,782.31 16132 QUALITY WINE & SPIRITS L1QUORIWINE 776.01 16133 WORLD CLASS WINES, INC WINE 646.55 16134 FIRST STATE BANK FED/FICA TAX 6,898.49 16135 PERA PERA 2,195.72 16136 ICMA RETIREMENT TRUST -457 DEFERREDCOMP 864.98 16137 CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS 477.00 . 16138 PUBLIC EMPLOYEES RETIREMENT JUNE PERA LIFE INS 54.00 16139 MEDICA JUNE HEALTH INS 4,153.88 16140 MEDCENTERS HEALTH PLAN JUNE HEALTH INS 1,438.83 16141 GROUP HEALTH INC JUNE HEALTH INS 1,102.46 16142 LEAGUE OF MN CITIES JUNE DENTAL INS 448.44 16143 MN MUTUAL LIFE JUNE srr DISABILITY 85.50 16144 COMMERCIAL LIFE INS CO JUNE LIFE INS 50.15 16145 AFSCME COUNCIL 14 JUNE DELTA DENTAL 224.00 16146 MN DEPT OF REVENUE STATE TAX WITHHELD 1,201.06 16147 BFI TIRE RECYCLERS OF MN TIRE RECYCLING 350.00 16148 KATHLEEN HEBERT SEC 125 REIMB 192.31 16149 HENNEPIN COUNlYTREASURER APRIL PRISONER EXPENSE 1,079.75 16150 JAMES HURM MILEAGElFIUM DEVELOPING 91 .44 16151 MADISONlMARQUETTE JUNE RENT-LIQUOR I 5,104.00 16152 BRADLEY NIELSEN SEC 125 REIMB 100.00 16153 NORTHERN STATES POWER UTILITIES-STREET LIGHTS 2,281.81 Page 1 CKNO 16154 16155 16156 16157 16158 16159 16160 16161 16162 16163 . 1 6164 16165 16166 16167 16168 16169 16170 16171 16172 16173 16174 16175 16176 16177 . 16178 16179 16180 16181 16182 16183 16184 16185 16186 16187 16188 16189 16190 16191 16192 16193 16194 CHECK APPROVAL LISTING FOR JUNE 12, 1995 COUNCIL MEETING CHECKS ISSUED SINCE MAY 18, 1995 TO WHOM ISSUED PURF03E NORTHERN STATES POWER UTILmES JOSEPH PAZANDAK MILEAGE/DEVELOPING CITY OF TONKA BAY JUNE RENT-TONKA BAY L1Q US WEST COMMUNICATIONS GLORIA OLSON ESCROW RELEASE BELLBOY CORP UOUOR BOYD HOUSER CANDY & TOBACCC MISC EAST SIDE BEVERAGE CO BEERiMISC GRIGGS, COOPER & CO L1QUORIWINElMISC HUEBSCH MAT CLEANING JOHNSON BROS LIQUOR CO L1QUORIWINE LAKE REGION VENDING MISC LEEF BROS MAT CLEANING L1NDERHOLM TRUCKING FR8GHT NORTH STAR ICE MISC PAUSTIS AND SONS WINE PHIWPS WINE & SPIRITS WINE QUALITY WINE & SPIRITS L1QUORIWINElMISC RYAN PROPERllES JUNE RENT-LIQUOR" WASTE MANAGEMENT-SAVAGE JUNE WASTE REMOVAL THE WINE COMPANY WINE WORLD CLASS WINES, INC WINE A T& T LONG DISTANCE COMMERCIAL ASPHALT ASPHALT D'VINCI'S OF EXCELSIOR WATERMAIN ADVISORY MTG HASSAN SAND & GRAVEL BLACK DIRT PATRICIA HELGESEN SEC 125 REIMB MErnO COUNCIL WASTEWATER MAY SAC CHARGE THERESA NAAB SEC 125 REIMB NORTHERN STATES POWER UTIUTIES US WEST COMMUNICATION BELLBOY CORPORATION L1QUORiMISClSUPPLlES DAY DISTRIBUTING BEERiMISC GRIGGS, COOPER & CO L1QUORIWINElMISC JOHNSON BROS LIQUOR CO L1QUORIWINE LAKE REGION VENDING MISC L1NDERHOLM TRUCKING FR8GHT MARK VII BEERiMISC MN MUNICIPAL BEVERAGE ASSOC ANNUAL MEMBERSHIP NORTH STAR ICE MISC PAUSTIS AND SONS WINE AMOUNT 868.17 93.78 1,000.00 463.97 3,750.00 3,151.78 1,017.20 1,290.50 5,235.68 26.84 3,451.04 357.42 25.17 150.40 54.00 71.50 364.28 1,065.33 2,493.75 318.33 303.40 299.75 10.79 66.36 40.00 563.97 342.15 841.50 130.41 1,603.45 160.06 . 448.97 8,820.30 3,289.57 1,456.65 221.26 240.00 4,818.55 397.00 256.32 83.00 Page 2 . . CKNO 16195 16196 16197 16198 16199 CHECK APPROVAL LISTING FOR JUNE 12, 1995 COUNCIL MEETING CHECKS ISSUED SINCE MAY 18,1995 TO WHOM ISSUED PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS THORPE DISTRIBUTING CO UNIVERSAL LIGHTING CO WEEKLY NEWS, INC PLJRFa3E L1QUORIWINE/MISC L1QUORIWINE BEERlMISC LIGHTING ADVERTISING TOTAL CHECKS ISSUED Page 3 AMOUNT 1,639.29 982.46 15,939.45 91.01 496.88 , CITY OF SHORE WOOD CHECK APPROVAL LIST FOR JUNE 12. 1995 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT 16200 AT&T WIRELESS SERVICES 1~")~'1GER ~';(J.. .52~ 16201 AFrTII.JORKS BRASS PUHE'-i'1fWOR' S PICT COUHCIL 10.65 16202 JEFF REINHART DBA t'1(~yY' ']ANITORI(~L t1UN BLDG 260.00 16203 BELLE PLAINE BLOCK & TILE ST DRAINAGE-MTKA DR 512.21 16204 BIFFS, INC. JUNE PORT TOILET RENTAL PARKS & 824.60 16205 BROWNING-FERRIS INDUS. SPRING CLEAH UP RECYCLIN 17,040.77 16206 C.H CARPENTER LUMBER PICNIC TABLES PARKS & 338.45 . .16207 CARVER HEATING 8< (~IF~ INC 16208 CHAMPION AUTO STORE ~344 SERVICE Cr1LL "-A./C i'1UN BLDG 72.00 CLEAF~ANCE LIGHT PUB I/.JKS '5.94 16209 COBB GROUP (THE) SUBSCRIPTION PLANNING 49.00 16210 CIN SIGi'-J.S SIGNS LETTERS *** TOTAL FOR CW SIGHS PARKS & 415.35 CITY GAR 20.~2 435.97 16211 DALE GREEN CO BLACK DIRT STREETS 184.01 16212 DATA COMM WAREHOUSE CABLE ASSEMBLY 4.45 16213 DRISKILL'S SUPER VALU MEf'i T /CHEESE PU~TTEF~-'SI~' S PROF SEI~ E;. 7 ~ 98 16214 ELK RIVER CONCRETE PROD. . 16215 EXCELSIOR ROTARY CLUB STORM DRAINAGE -------- 1,356.55 2~D QTR DUES/INITIATION ADMIN 190.00 16216 FISHER ENTERPRISE BLACK DIRT-FREEMAN'PK PARKS & 35.00 16217 HANCE HARDWARE, INC. SILVERWOOO PUMP HOUSE WATER DE 24.15 16218 HENNEPIN COUNTY TREASURER HOMESTEAD APPLICATIONS GEN GOVT 20.00 16219 HOPKINS PARTS COMPANY SHOP SUPPLIES SHOP SUPPLIES *** TOTAL FOR HOPKINS PARTS COMPAN CITY GAR 51.84 PUB WKS 137.28 189.12 16220 J.R'S APPLIANCE DISPOSAL RECYCLED APPLIANCES F<~ECYCLIN 3E'9 . 00 16221 LARKIN, HOFFMAN, DALY... APRIL LEGAL PFWF SER 1,4.17..57 16222 LIFE AND SAFETY EYEWASH STATION CITY G(~R 197 . O~:. 16223 MTI DISTRIBUTING COMPANY FREIGHT PUB WKS 3.82 FREEMAN SPRINKLER PARTS PARKS & 105.07 *** TOTAL FOR MTI DISTRIBUTING COM 108.89 16224 i'1(~C: I/.JOf~LD SUBSCf-:;' I PT IO?",J. en:::!'..! covr .L ,." ... . i ' Page 4 CITY OF SHOREWOOD CHECK APPROVAL LIST FOR JUNE 12, 1995 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT 16225 t1IDI/.JEST ASPHALT cor~P _ r:>;SPHfiL T STREETS 320.. oa 16226 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES OFFICE SUPPLIES *** TOTAL FOR MIDWEST BUSINESS PRO 16227 MINNESOTA ROADWAYS CO GEN GOVT 100..42 FINANCE 3..09 103..51 SEAL COATING-VINE RIDGE STREETS 16228 MINNEGASCO UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES FOR MH-H-J.EGASCO . *** TOTAL 16229 MINNETONKA-CITY OF ItJATER PURCHASE 16230 WM. MUELLER & SONS, INC.. MTKA OR DRAINAGE 16231 NAVARRE TRUE VALUE SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES *** TOTAL FOR NAVARRE TRUE VALUE .16232 NEENAH FOUNDRY COMPANY CATCH BASINS!ST DRAINAGE . . 16233 ORR,SCHELEN,MAYERON/ASSOC MAR ENGINEERING MAR ENGINEERING i'1AR ENGINEERING APRIL ENGINEERING APRIL ENGINEERING APRIL ENGINEERING APRIL ENGINEERING *** TOTAL FOR ORR.SCHELEN,MAYERONI 16234 POTTS, KENNETH N. MAY PROSECUTIONS 16235 SMITH OFFICE EQUIPMENT TYPEWRITER Mf.'tINT TYPEI",JRITEi7( MAHH TYPEltJRITER MAINT FOR SMITH OFFICE EQUIPME *** TOTAL 16236 SUPERAMERICA FUEL 16237 TIME SAVER OFF SITE SEe t1 I NUTES t'1INUTES Page 5 WATER DE WATER DE I",JATEf~ DE CITY GAR PI-iRKS & l1UN SLOG Wt=HER DE CITY GAR Pf.1RKS .~ MUN SLOG TRAF CON PARKS & 161..90 WATER DE WATER DE 4,142..44 99..06 115..44 16..35 44..59 122 Ie 6,2 19..80 50.74 20..19 19..00 507.79 25..00 293..87 48..29 20..52 25..54 2..68 64..87 1.262.03 207..00 3,724.00 3,485.25 2.489.50 4,366.13 293.63 PROF SER 615.94 15.181.45 PROF SER ADMIN FINNJ,CE PARKS & 210..00 CITY GAR GEN GOVT PU4Ni"'~ I NC:1 1,458..33 70..00 70..00 70..00 249 .. ~Y2 176..2::':, ~33 '4 ~2-5 CITY OF SHOREWOOD CHECK APPROVAL LIST FOR JUNE 12. 1995 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION 16238 TOLL GAS & WELDING 16239 TONKA PRINTING CO. 16240 TONKA SIGNCRAFTERS 16241 TWIN CITY WATER CLINIC 16242 UNITOG RENTAL SERVICES 16243 VESSCO. INC. *** TOTAL FOR TIME SAVER OFF SITE OXYGEN LETTERHEAD/ENVELOPES SIGN FOR SILVERWOOD PK MAY WATER TESTING UNIFOi~r'1S BLDR BRIDGE It.JELL DEPT. At10UNT 2.5 ':.i :~ 511:) CITY Gi.'.)R GEf'-1 GOVT PARKS & ItJATER DE CITY GAR 1~)(-'nER DE .16244 I,/UONG Sf'>tFETY PRODUCTS SAFETY G{~S CAr.IS- RDS/PKS CITY GAR SAFETY GAS CANS- RDS/PKS PARKS & *** TOTAL FOR VIKING SAFETY PRODUC 126.22 16245 VISU-SEWER CLEAN & SEAL. SEWER CLEANING 16246 MN SUN PUBLICATIONS . LEGAL NOTICE *** TOTAL CHECKS FOR APPROVAL *** TOTAL CHECK APPROVA~ ~IST Page 6 SE!,'.JEi~ DE GEN GOVT 56,380.51 170,180.62 .12..32 1 . 009 . Ed. 468.60 20.00 316.94 42.43 6~'3 . 11 63.11 6,394.80 32.64 C H I::: C K R E G I S T E R CHECK CHECK El1PLOYEE NAME CHECK CHECK TYPE DATE NUMBER NUMBER AMOUNT COM 5 30 95 70 KIMBERLY .., ALLEN 209438 24.94 1'"1. COM 5 30 95 1.10 CONNIE D. BASTYR 209439 .180.99 COM 5 30 95 230 CHRISTOPHER M. CAREY 209440 398.02 COM .5 30 95 375 JODI A. DALLMAN 209441 .154..15 COM 5 30 95 500 CHARLES S. DAVIS 209442 744..18 COM 5 30 95 775 JAMES C. EAKINS 209443 654.63 COM 5 30 95 870 KELLY P. FLANAGAN 209444 88.66 COM 5 30 95 1001 JOHN M. FRUTH 209445 37.81 COM 5 30 9.5 1.10.5 KERI ANNE GRAF 209446 179.03 MAN 5 30 95 1.170 MARLENE S. HAPTONSTALL 209436 3.56.84 COM 5 30 95 1190 KATHLEEN A. HEBERT 209447 687.41 COM 5 30 95 .1400 PATRICIA R. HELGESEN 209448 861.82 COM 5 30 95 -14.15 SHAWN D. HEMPEL 209449 158.89 COM 5 30 95 1550 JAMES C. HURM 209450 1619.93 COM 5 30 95 1601 BRIAN D. JAKEL 209451 60.58 COM 5 30 95 1700 JEFFREY A. JENSEN 209452 756.06 . COM 5 30 95 1800 DENNIS D. JOHNSqN 209453 797..18 COM 5 30 95 1940 LOREN A. JONES 209454 147.91 COM 5 30 95 1950 MARTIN L. JONES 209455 57.12 COM 5 30 95 2100 WILLIAM F.. JOSEPHSON 209456 632.19 COM .5 30 95 2500 SUSAN M. LATTERNER 209457 241.21 COM ;:;; 30 95 2555 TAMMY E LENZEN 209458 120.97 .J COM 5 30 95 2800 JOSEPH P. LUGOWSKI 209459 968.19 COM '5 30 95 2900 RUSSELL R. MARRON 209460 68.64 COM 5 30 95 2905 PAUL S. MARSO 209461 45.71 COM .5 30 95 2955 CHRISTOPHER M. MCNEAL 209462 127.44 COM 5 30 95 3000 THERESA L. NAA8 209463 642.58 COM 5 30 95 3100 LAWRENCE (~.. NICCUM 209464 894.78 COM 5 30 95 3400 BR(~DLEY J. NIELSEN 209465 1070.09 COM 5 30 95 3500 JOSEPH E. PAZANDAK 209466 . 1027.02 COM .5 30 95 3600 DANIEL J. RANDALL 209467 1007.55 COM 5 30 95 3701 BRIAN M. ROERICK 209468 125.91 . COM 5 30 95 3800 ALAN J. ROLEK 209469 1186.39 COM 5 30 95 3900 CHRISTOPHER E. SCHMID 209470 551.04 COM 5 30 95 3910 R CONRAD SCHMID 209471 44.32 COM 5 30 95 4190 DANA G. SHAW 209472 38.79 COM 5 30 95 4600 BEVERLY J. VON FELDT- 209473 "605.95 COM 5 30 95 4750 RALPH A. WEHLE 209474 625~28 COM 5 30 95 4900 DEAN H. YOUNG 209.475 656.84 COM 5 30 95 5000 DONALD E. ZDRAZIL 209476 1231.35 ****TOTALS**** 19878.39 Page 7