061096 CC Reg AgP
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CJ:'l'T COUNCJ:L RBGt1LAR. IIBB'l'J:HG
CJ:'l'T 01' SBORBWOOD
MONDAY, J'tJ'J!Q'B 10 , 1996
5755 COU'H'1'1lY... CLUB ROAD
COUNCIL CBAllBBJlS
7:30 P.M.
AGBHDA
1 . CONVBHB CJ:IIJ.'Y COUHCJ:L DZ'l'J:HG
A. Roll Call
Shaw
McCarty
Mayor Bean
Stover
Benson
B. Review Agenda
2 . APPROVAL 01' MJ:JIU'!'BS
City Council Regular Meeting Minutes May 28, 1996 (Att.-
#2 Minutes)
3. COHSBH'l' AGBHDA - Motion to approve it... OD
Consent Agenda . Adopt ResolutionsllJ.'J:t.ereiD.;
A. A Motion to Adopt a Resolution AccePting city Hall
I Badger Park Parking Lot Improvements and
Authorizing Final Payment (Att.-#3A Proposed
Resolution)
B.
A Motion to Approve a Grant Application to the
Metropolitan Sewer District to Study Inflow and
Infiltration (Att.-#3B Application)
r4;
C.
A Motion to Approve an Extension for a. Deadline to
Comply with a Notice to Remove (Att.-#3Cl Planner's
Memorandum; #3C2 Appellant's Letter)
Appellant: Carrie Halvorson
Location: 4495 Enchanted Lane
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D. A Motion to Adopt a Resolution Making an
Appointment to the Parks Foundation (Att.-#3D
Proposed Resolution)
E. A Motion to Approve an Annual Request for DOnation
for Fourth of July Celebration (Att.-#3E Letter of
Request)
F. A Motion to Adopt a Resolut.ion Approving a Setback
Variance (Att.-#3F Proposed Resolution)
Applicant: Ron Born
Location: 4865 Ferncroft Drive
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cJ:n COUHCJ:L AGBKDA - JONB 10,1996
PAGB 2 OJ' 3
4 . MA'1''1'BRS J'ROM '1'BBJ'LOOR (Preselltat:i.on8 are liaitea
to 3 minutes. HO counc:ilac:tion will be takezl.)
5. PAlUtS - Report by Representative
Report on May 29, 1996 Park Tour and Park Commission
Meeting (Att.-#5 Draft Minutes)
6 . PLARRJ:HG -Report by Representative
A. A Motion to Adopt a Resolution Approving a Revised
Setback Variance (Att.- #6A Proposed Resolution)
Applicant: Richard Hoyt
Location: 5710 Ridge Road
B. A Motion to Direct Staff to Prepare Findings of
Fact Regarding Preliminary. plat Approval - Larson
Estates (Att.-#6B Planner's Memorandum)
Applicant: CarlZinn, representing Stephen
and Lucinda Larson
Location: 20435 Radisson Road
C. A Motion. to Direct Staff to Prepare Findings of
Fact Regarding a Conditional Use Permit for
Accessory Space over 1,200 Square Feet (Att.-#6C
Planner's. Memorandum)
Applicant: Kevin Johns
Location: 26890 Edgewood Road
D. A Motion to Approve a Site plan - Day Care Facility
(Att.-#6D Planner's Memorandum)
Applicant: New Horizon Child Care, Inc.
Location: 19625 State Highway 7
7. COHSJ:DBRA'1'J:OH OJ' AN' APPBAL 'l'O. A Z~ VJ:OLAt.nOR
RO'1'J:CB (Att.-#7A Planner's Memorandum; #7B Attorney's
Memorandum)
Appellant: Vernon Faaberg
Location: 4340 Enchanted Drive
8 . COHSJ:DBJlA'1'I:OHOJ' A MO'1'J:OH '1'0 ADOPT A USOLtJ'II:OB
APPROVI:HG PLANS umSPBCIJ'XCA'1'I:OBS Ala) AtJ'l'BOnZJ:
ADVBR'1'ISBIIJUI'1' J'OR BXD J'OR P1l0JBC't 95-14, zumm.
RD WA'1'BlUIAXH J:MPttOVBMBR'l'S AHD PROJBC'1' 95 -15,
SKX'1'B'1'OWR ROAD (southern link) lD!.rBJUlAI:B
XMPROV'BDll'l'S (Att. -#8 Proposed Resolution)
9 . COHSXDBRA'1'I:OH OJ' A 1I0'1'IOR '1'0 ADOP-J.l A USOLtJ'.rI:OR
APPROVXHG PLANS AND SPBCXJ'XCA'tXOBS Ala) AtJ'IKOttI:ZB
ADVBtt'1'I:SlUIBH'l'J'OR BJ:DI'Olt PltOJBC'1' 95-16,
SKI:'l'H'1'OWR ROAD WA'1'BRMAXH XMPROVBXDt'l'S (Att. -#9
Proposed Resolution)
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cJ:n COUNCJ:L AQaNDA - J'tJ'NB 10, 1996
PAGB 3 01" 3
10. CONSJ:DBRATJ:OH 01" A MOTJ:O. '1'0 ADOPT A RBSOLU'l'J:OH
APPROVJ:HQ PLANS . AND SPBCJ:I"J:CA'1'J:OHS AND AU'l'BORJ:ZB
ADVBRTJ:SBDH'1' I"OR BJ:D I"OR PROJBCT 95-17,
S'1'RAWBBB.RYLAHB IJlPROVBltBlft'S (Att. -#10 Proposed
Resolution)
11. COHSJ:DBRAT:tOH 01" A MOTIO. '1'0 ADOPT AN ORDJ:JD.HCB
BSTABLJ:SHJ:HG PAlUtJ:HG RBSTRJ:C'1':tOHS AT CHRJ:S'1'IIAS
LAD ACCBSS (Att .-#11 Proposed Ordinance)
12. LMCD RBPORT IY RBPRBSBftATJ:VB BOBRASCOP
13. ADMJ:NJ:S'1'RA'1'OR . STAl"l" RBPORTS
14. MAYOR. . CJ:TY COUNCJ:L OPOR'1'S
15. ADJO'O'RH '1'0 SUBJBCT '1'0 APPltOVAL 01" CLAJ:JlS ( At t . -
#15)
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474.3236
EXECUTIVE SUMMARY
SHOREWOOD CITY COUNCIL MEETING
MONDAY, JUNE 10,1996
Agenda Item #3A: The parking lot has been completed by Hardrives. Inc. A resolution is
attached for your consideration.
Agenda Item #3B: The Environmental Services of the Metropolitan Council has
established a grant and loan program for inflow and infiltration projects. This resolution
would approve the City of Shorewood's submitting an application for this round of
funding. Staff will give a description of the program for which the funding is being
applied for under staff reports.
Agenda Item #3C: Carrie Halvorson, 4495 Enchanted Lane, requests additional time to
comply with a zoning violation notice requiring that nonconforming docks on her property
be removed. The Planning Director recommends approval.
Agenda Item #3D: This resolution makes the appointment of Donald Kronberg as the
American Legion representative on the Shore wood Park Foundation Board of Directors.
Don is recommended by Ken Dallman who is currently serving as both the Shorewood
Park Commission representative and the American Legion representative.
Agenda Item #3E: This motion approves Shorewood's annual contribution of $1,000 to the
Excelsior Fourth of July fireworks display. This amount has been budgeted (Line 51-53 in
the City Council Department budget).
Agenda Item #6A: This resolution contains fmdings of fact, concluding in approval of a
setback variance for Richard Hoyt to keep a deck which was built too close to Christmas
Lake. While the resolution was prepared based upon a 3-2 vote of the Council, adoption
requires a four-fifths vote._
A Residential Community on Lake Minnetonka's South Shore
Executive Summary for City Council Agenda of June 10, 1996
Page 2 of 2
Afienda Item #6B: Stephen and Lucinda Larson propose to divide their property at 20435
Radisson Road into three lots. The Planning Director recommends approval of the plat.
with revisions. The Planning Commission voted unanimously to approve the plat subject
to staff recommendations. The Planning Commission also asked that the City Attorney
render a legal opinion as to whether the Larsons' right to use the infamous Lot lIon
Christmas Lake will extend to the two new lots. Please note that the findings of fact listed
on the agenda is not necessary for a preliminary plat. The direction to staff should be to
prepare a resolution approving the preliminary plat. Approval of the request requires a
simple majority vote.
Afienda Item #6C: Kevin Johns requests a conditional use permit to build an addition to his
attached garage which brings the total amount of accessory space at 26890 Edgewood Road
- over 1200 square feet. After considerable discussion regarding past zoning violations on
the property the Planning Commission agreed with the Planning Director's
recommendation to approve the C.U.P. The motion is to direct staff to prepare findings of
fact which will require a four-fifths vote for approval.
Afienda Item #6D: New Horizons, Inc. has submitted plans for a day care facility. The
site was specifically designated as such in the P.U.D. The plans meet all of the
requirements. Staff and Planning Commission recommend approval subject to minor
revisions in their landscape plans. Approval requires a simple majority vote.
Afienda Item #7: Vernon Faaberg objects to a zoning violation notice directing him to
remove an unlawful nonconforming dock on property he owns next to his homestead
parcel at 4340 Enchanted Drive. He feels that a covenant recorded in 1958 supersedes the
City's dock regulations which allow docks only where a home exists. The City Attorney
advises us that private covenants do not supersede the City's rules. Staff recommends that
the dock in question be removed within 15 days.
Afienda Item #8: This item approves the plans and specifications and authorizes
advertisement for bid for the Eureka north watermain improvement project and the
Smithtown Road (southern link) watermain project.
Afienda Item #9: Approves the plans and specifications and authorizes advertisement for
bid for the Smithtown Road watermain project from Eureka Road to Country Club Road
Afienda Item #10: This resolution approves the plans and specifications and orders
advertisement for bid for the Strawberry Lane improvement project which includes
watermain, street reconstruction, including curb and gutter.
.
.
Afienda Item #11: Chief Rick Young, Attorney Tim Keane, and myself have met to
discuss the enforcement of current regulations at the Christmas Lake Road public access
parking lot and conferred via telephone with Dennis Jabs on how to enforce the proposed
changes to the agreement. A report on the conclusions drawn will be given by the City
Attorney on Monday evening.
Afienda Item #12: Bob Rascop from the LMCD has requested to be placed on the agenda
for a report.
CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
TUESDA Y, MAY 28, 1996
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 7:30 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City
Administrator Hurm; City Attorney Coyle, Planning Director Brad Nielsen,
Finance Director AI Rolek and Engineer Larry Brown.
Review Agenda
B.
.
Stover moved, McCarty seconded to approve the agenda for May 28, 1996.
Motion passed 5/0.
2. APPROVAL OF MINUTES
.
City Council Regular Meeting Minutes - May 13, 1996
McCarty moved, Stover seconded to approve the City Council Regular Meeting
Minutes of May 13, 1996, amended as follows: on Page 1, Item 2 "A" change
"reach" to "read"; Page 3, Item 6, Line 3, change "Watten Ponds P.U.D." to
"AmocolMcDonald's/Car Wash Facility P.U.D." Page 8, Paragraph 7, Line 1
change "decision" to "difficult position"; Line 2, change "are a majority of the
Council" to "are made by a majority of the Council"; Page 4, Paragraph 7, Line 3,
change "like zonings meeting at back yards" to "unlike zonings meet in back
yards"; Page 6, Paragraph 4, change "communist" to "communistic"; Page 6,
Paragraph 10, Line 1 change "for a municipal system" to "for enhancements to the
municipal water system"; Page 6, Paragraph 11, change "capping wells" to
"capping municipal wells"; Page 7, Paragraph 2, Line 4, change "that process" to
"the assessment ordinance process"; Page 7, Paragraph 3, Line 4, change
"appropriateness" to "validity"; Page 7, Paragraph 4, Line 2, ch~nge "their water
is horrible" to "their private well water is horrible"; Page 7, Paragraph 4, Line 3,
change "from private wells" to "their private wells"; Page 7, Paragraph 8, Line 3,
change "residing on Vine Hill" to "residing near Vine Hill"; Page 7, Paragraph 9,
Line 3, change "harsh conditions" to "harsh weather conditions"; Page 7,
Paragraph 9, Line "ran out of water in five minutes" to "ran out of water for five
minutes"; Page 8, Paragraph 3, Line 3, change "aid" to "to"; Page 9, Item 8,
Paragraph 1, Line 7, change "keeps the Council from being responsive to the
people" to "keeps the Council responsive to the people." Motion passed 5/0.
3. CONSENT AGENDA
Mayor Bean read the Consent Agenda for May 28, 1996.
McCarty moved, Benson seconded to approve the Motions on the Consent Agenda
and to adopt the Resolutions therein:
REGULAR CITY COUNCIL MINUTES
MAY 28, 1996 - PAGE 2
A. "A Motion Approving the Extension of the Filing of the Final Plat -
McCarty Addition."
B. "A Motion Approving a Block Party Request on Glen Road for June
27, 1996 from 6:00 to 10:00 p.m.", Applicants: Elaine & Kent
Adams.
C. "A Motion Approving the Appeal and Request for Extension 0 f
Deadline to Comply with Notice to Remove." Dan Ohland, 25070
Smithtown Road.
4. MATTERS FROM THE FLOOR
Dennis Jabs, 20915 Radisson Inn Road, appeared representing the residents of the Christmas Lake
Homeowners' Association. Mr. Jabs requested the Council to consider an ordinance clarifying the
regulation of one vehicle per parking stall at the Christmas Lake access. He noted there has been a
significant increase in boat traffic on the lake which has added to the congestion. The
Homeowners' Association would like to encourage stricter parking enforcement at the public
access.
.
Martin Zgraggen, 5210 Shady Lane stated he would like to petition the Council to consider a
change in zoning of the property located at 5170 Vine Hill Road from C3 to C 1 or less. He related
his opinion the current zoning does not match a single family/single dwelling residential
neighborhood.
5. DISCUSSION WITH REPRESENTATIVE TOM WORKMAN ON
LEGISLA TIVE ISSUES
Representative Workman briefly reviewed the past legislative session. He requested the Council's
input relative to taxes, education funding, as well as other issues.
Mayor Bean spoke to education funding through real estate taxes. He commented alternatives have
been discussed other than a real estate tax as a way to fund schools. Mayor Bean expressed his
concern local communities would lose control over the amount of funds to be expended on their
own schools.
.
Representative Workman informed the Council this is the biggest issue at the Capitol. He
commented in 1995 Senate DFL suggested a property tax freeze. Representative Workman
expressed his opinion this would not be the way to correct a very serious problem and informed
the Council he had voted against the property tax freeze. He stated his understanding that
education funding through property tax could only be replaced through increased income taxes and
sales taxes, including an expanded sales tax.
6. PUBLIC HEARING 7:45 P.M. - REGARDING ISSUANCE OF LEASE -
PURCHASE OBLIGATION AGREEMENT
Finance Director AI Rolek stated the purpose of the public hearing was to receive public input into
a Lease Purchase Agreement the City has negotiated with Norwest Investment Services for the
financing of the Southshore Senior Community Center. Rolek gave a brief description of the
matter.
Mayor Bean opened the public hearing at 8:52 p.m. Hearing no public comment, Mayor Bean
closed the public hearing at 8:52 p.m.
.
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REGULAR CITY COUNCIL MINUTES
MAY 28, 1996 - PAGE 3
Stover moved, Shaw seconded adopting RESOLUTION NO. 96-47, "A
Resolution Approving the Issuance of a Lease/Purchase Obligation Agreement for
the Southshore Senior Community Center." Motion passed 5/0.
7. PLANNING - Report by Representative
Commissioner Pisula reported on the study session held on May 21, 1996 (detailed in the minutes
of that meeting). The Commission addressed the increasing demand for telecommunication
service~ and telecommunication antenna services anticipated for the Shorewood area over the
upcommg years.
A. A Motion to Direct Staff to Prepare a Findings of Fact Regarding a Revised
Setback Variance
Applicant:
Location:
Richard Hoyt
5710 Ridge Road
Planning Director Nielsen reviewed the matter. Jim Penberthy, attorney for Richard and Ingrid
Hoyt, addressed the Council. Mr. Penberthy reviewed three points consisting of undue hardship,
the intent of the statute in regard to setbacks, and precedence. He stated with regard to precedence,
the courts have indicated when a variance is granted, a future applicant cannot request a variance
based upon that particular decision.
Councilmember McCarty inquired if the house has an attached deck on the lake side as well. Mr.
Penberthy confIrmed it does.
Nielsen stated the Shoreline District Ordinance would allow for a landing at the bottom of a stair
structure which is limited to 4' x 8' or no more than 32 square feet.
Mayor Bean commented there has been a longstanding practice of saying the citizens of
Shorewood are entitled to a consistent approach when variances are granted and when they are not.
He further commented there is an issue of fairness which indicates criteria for granting variances
should be applied in some uniform and consistent basis.
Mayor Bean felt that the request for the variance comes back to the issue of hardship and the
uniqueness of the property related to the elevation of the house to the water. He further
conunented many of the houses on Ridge Road have a similar situation. The ordinance allows for
stair structures or an electric elevator to allow for access to the lake. A landing point which allows
a reasonable use of the lake shore means getting from the home to the dock for access to the water.
Mayor Bean stated he was having difficulty with uniqueness of the property which suggests a
variance is unique to this topography and denies the residents' reasonable use. Their access to the
lake is much the same as other residents on Ridge Road.
Councilmember McCarty expressed her agreement with Mayor Bean. She further stated she did
not recognize an undue hardship because there is access to the water. The property is acceptable
and useable. McCarty explained for a variance to be granted, every criteria would need to be met.
Councilmember Stover stated her disagreement. She stated the hardship is the height of the
elevation, the topography, and the property is not the normal average. Stover expressed her belief
that consistency in the issuing of variances is based on following the intent of the ordinance and
use must be consistent or comparable. She stated this variance is not out of character with the
neighborhood. Stover further stated many variances have been granted over the years and the
REGULAR CITY COUNCIL MINUTES
MAY 28, 1996 - PAGE 4
Council must be consistent in how the variance regulations are applied. She expressed her belief
the topography of the property is the hardship.
Mayor Bean explained the Shoreline District, throughout the city, does not allow a deck structure
within 75 feet of the shore. Stover commented houses are also not allowed within 75 feet,
however there are houses within that distance. Mayor Bean pointed out these homes had been
grandfathered in. Stover further stated this would not be the fIrst time this area would have been
invaded. Since the Shoreline Ordinance was written, people have been allowed to substantially
change and improve unusable structures on property which is in 20 to 30 feet of the shoreline.
Stover noted the general principle has been if the existing grandfathered conditions can be
improved, the Council can approve the variance. She further commented she sees an active and
passive use of the lake and when buying property, people expect to get both.
Councilmember Benson stated this is an aesthetic issue and the residents are not asking for
something unique to their area. Over 50 percent of the residents on that lake have structures such
as -docks, boat houses and decks in violation of the 75 foot setback which were either
grandfathered in or built after the Shoreline District date. He commented he views this situation
differently now than he did in 1986 when the 75 foot setback was adopted. Benson expressed
there is a problem with not being receptive and the Council needs to work with homeowners and .
reflect what is existing. He stated the homeowners in this situation have a reasonable request and
he is in agreement with the staff recommendation.
Mayor Bean commented the Shoreline District requires a 75 foot setback and if the Council
believes that is too much, then that should be addressed. The Council is clearly within the
timeframe of the ordinance and the defInition of reasonable use.
Councilmember Stover stated if everything was kept exactly the way the ordinance is written, a
variance would never be granted anywhere for any reason.
Mayor Bean disagreed stating the variance is applied where the rules came into effect after the fact.
Stover stated the residents are making an improvement for what the intent of the Shoreline
ordinance says. They may not be the only residents who will come in with a similar variance
request. If enough variance requests come in and are granted, then the Council needs to look at
changing the ordinance. Councilmember McCarty commented the resident must meet the criteria
for granting a variance.
Shaw agreed with Stover's reference to active and passive use of the lake. He commented there
are many reasons to use the lake and shore. Shaw concurred with Stover that an undue hardship
would result in denying the variance.
Stover moved, Benson seconded to direct staff to prepare a Findings of Fact
granting a revised setback variance for Richard Hoyt, 5710 Ridge Road. Motion
passed 3/2. McCarty and Bean were the dissenting votes.
Mayor Bean stated this matter will be considered on the June 10th agenda. Attorney Penberthy
announced the Hoyts are at this time invoking the provisions of Statute 15.99.
B. A Motion to Direct Staff to Prepare a Findings of Fact Regarding a
Preliminary Plat and Conditional Use Permit for Amoco/McDonald's Car
Wash Facility P.U.D.
Applicant:
D.Y.S. Properties, Represented by
Larry Y oungstedt
5170 Vine Hill Road
Location:
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REGULAR CITY COUNCIL MINUTES
MAY 28, 1996 - PAGE 5
Planning Director Nielsen stated he had received correspondence prior to the meeting from Mr.
John Kosmas, KK Design, requesting no action be taken at this meeting while the developers
evaluate the recommendation of the Planning Commission. Nielsen gave a detailed review of this
matter.
Mr. John Kosmas, KK Design, requested that the matter be tabled for 45 days to address the
recommendations of the Planning Commission. He understood that the process, at this time,
would be for a concept approval rather than development approval.
Councilmembers Benson, McCarty and Stover expressed their belief this project is too intense for
the site.
.
City Attorney Coyle explained the Council could allow the matter to be tabled or could take action
to deny the plan. He further explained if the applicant would choose to withdraw the plan, he
would not suffer a six month delay and could submit a new application at any time.
Mr. Kosmas requested to withdraw the application. Councilmember Benson stated his inclination
would be to make a motion to deny, and informed Mr. Kosmas extensive changes would need to
be made to the present plan.
Benson moved, McCarty second to accept withdrawal of the application regarding
a preliminary plat and conditional use permit for AmocolMcDonald's car wash
facility P.U.D. Motion passed 5/0.
Mayor Bean recessed the meeting at 9:27 p.m. and reconvened at 9:37 p.m.
C. A Motion to Approve a Building Moving Permit - Remove Detached Garage
Applicant:
Location:
Mark Warren
5260 St. Alban's Bay Road
.
Planning Director Nielsen reviewed the matter. Mr. Warren appeared and informed the Council he
is in agreement with the conditions recommended by staff.
Benson moved, Stover seconded approving a building moving permit to remove a
detached garage for Mark Warren, 5260 St. Alban's Bay Road. Motion passed
5/0.
D. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback
Variance
Applicant:
Location:
Ron Born
4865 Ferncroft Drive
Planning Director Nielsen reviewed the matter. Mr. Born appeared and informed the Council he is
in agreement with the conditions recommended by staff.
Stover moved, Shaw seconded to direct staff to prepare Findings of Fact granting
a setback variance, subject to staff recommendations, for Ron Born, 4865
Ferncroft Drive. Motion passed 5/0.
REGULAR CITY COUNCIL MINUTES
MAY 28, 1996 - PAGE 6
E. A Motion to Adopt a Resolution Denying a Rezoning and C.U.P. for
Watten Ponds P.U.D.
Applicant:
Location:
Dahlstrom Abingdon L.L.P.
5340 and 5370 Eureka Road
Planning Director Nielsen reviewed the matter. He stated the applicant has requested no action be
taken on the 12-unit proposal and that he be allowed to return to the Planning Commission with a
revised plat. This request would be heard at the July 2 Planning Commission meeting. Nielsen
explained direction has been given by both the Planning Commission and City Council there would
be a preference to zone P.D.D. rather than RI-C. As a result, a second public hearing will be
required at the Council level. The applicant has also asked for an extension of the statutory
guideline for review.
Chuck Dillerud explained, since the last Council meeting, that an agreement was reached by the
developers to accommodate a smaller plat. He expressed a concern with time and stated he would
like to expedite scheduling of this project. Mr. Dillerud stated he could have materials available for
the June 18th Planning Commission meeting. Mr. Dillerud expressed concern there would be a
public hearing at the Council level and did not realize the original hearing would be reopened at the .
Planning Commission level.
Nielsen stated he is not comfortable with that timeframe and felt the July 2 meeting would be a
more reasonable date.
Councilmember Stover recommended a referral back to the Planning Commission based on a
revised plat for a P.D.D. and ten units or less. Mayor Bean agreed and stated he would expect a
much more detailed development plan than was previously presented with regard to tree
preservation and street location.
Stover moved, Shaw seconded to table the request for a resolution denying
rezoning and C.U.P. for Watten Ponds P.U.D. and refer the matter back to the
Planning Commission. Motion passed 5/0.
8.
1995 ANNUAL AUDIT REPORT - ABDO, ABDO AND EICK AND
PRESENTATION OF AWARD CERTIFICATE OF ACHIEVEMENT IN
FINANCIAL REPORTING
.
A Motion to Accept the 1995 Annual Audit Report
Gary Groen, Abdo, Abdo & Eick, reviewed the City's 1995 Financial Audit Report. Mayor Bean
noted the recommendation for a segregation of duties and inquired what steps should be taken.
Mr. Groen indicated there were no particular concerns and this issue is not unique to the City of
Shorewood. He stated this would be an awareness issue for the Council and Administration. City
Finance Director AI Rolek stated to the extent possible, every step would be taken to ensure proper
segregation and one transaction would not be followed through from beginning to end with one
person.
Mayor Bean suggested the City may be at a point where it would be appropriate for the Liquor
Committee to meet and evaluate what is occurring between the three stores.
Mr. Groen presented a Certificate of Achievement for Excellence in Financial Reporting for the
third year to Finance Director Al Rolek and the City of Shorewood.
.
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REGULAR CITY COUNCIL MINUTES
MAY 28, 1996 - PAGE 7
McCarty moved, Shaw seconded accepting the 1995 Annual Audit Report.
Motion passed 5/0.
9. DISCUSSION WITH CHIEF YOUNG REGARDING PATROLLING
HOURS
Chief Young addressed the Council with regard to the City of Excelsior's inquiry about the City of
Shorewood absorbing several hundred hours of patrol. He also provided a statistical handout
which he explained in detail.
Chief Young explained there are two ways to reduce costs, the first being to reduce the number of
patrol hours which would reduce the budget through the Joint Powers Agreement. Rather than
unilaterally cutting the budget, which would affect all of the cities, Excelsior proposes a 550 hour
patrol time reduction. The outcome this will have on crime cannot be determined.
Mayor Bean inquired if the presence of the patrol is taken away, would this result in higher
incidents of crime. Chief Young stated that would be a logical assumption to make. Excelsior
Council felt in view of their fmandal situation, they would take that risk and monitor it. If that
would occur, they would re-evaluate their situation.
Mayor Bean expressed a concern that a drop in service level in Excelsior would have a ripple effect
on the adjacent communities. Chief Young stated his feeling Excelsior incidents would go up,
however, the increased presence of patrol in the remaining area will help that area.
Chief Young commented that past history would indicate Shorewood will have increased requests
for service as it grows and the additional 230 hours would probably be picked up naturally over the
next five years. In effect, Shorewood could get the benefit of the hours now and not pay for them
entirely for five years.
Councilmember Stover inquired if Chief Young would be able to inform Excelsior a year from
now that in spite of the reduction in patrol hours, the patrol actual spent more hours in their
community. Chief Young confirmed that information would be monitored and updated annually.
This plan may result in higher costs to Excelsior.
Administrator Hurm stated the City of Shorewood would need to determine if they are interested in
absorbing the additional hours made available by Excelsior's reduction in patrol time.
Councilmember Stover pointed out Shorewood could potentially lose hours if the patrol ultimately
has to spend more time in Excelsior.
Mayor Bean suggested one option would be to pick up the cost for the patrol hours and allow the
patrols to continue patrolling as they see fit. Councilmember Benson disagreed pointing out that
Shorewood had picked up their own patrol last year which was very expensive and stated he is not
in agreement with picking up another one-quarter patrol.
Councilmember Shaw stated the City of Shorewood is effectively making a guarantee. Whether
Shorewood is required to pay that guarantee depends on the Initial Criminal Reports which would
result. He stated the City has a solid police force which is well run and it would be worth
considering a guarantee if need be.
Mayor Benson suggested the issue be revisited and stated he is not prepared to make a
recommendation at this time. This matter will be reconsidered on July 8th.
10. CONSIDERATION OF A MOTION TO APPROVE VICTORIA WATER
AGREEMENT
REGULAR CITY COUNCIL MINUTES
MAY 28, 1996 - PAGE 8
The City of Victoria has executed the proposed interconnection agreement between the cities of
Shorewood and Victoria. City Engineer Larry Brown reviewed the changes which were made to
the agreement.
Councilmember Stover asked if the water from the two cities would co-mingle and, if so, are there
provisions with regard to this. Brown stated there is a potential of co-mingling based on the
location of the wells and the operation of the system. He also pointed out Shorewood is acting as a
back-up supply and co-mingling would be more of a concern for Victoria than for Shorewood.
Shaw moved, McCarty seconded, approving the Contract for Water Service
between the City of Shorewood, Minnesota and the City of Victoria, Minnesota.
Motion passed 5/0.
11. CONSIDERA TION OF A MOTION TO APPROVE INTERNET WEB SITE
POLICY ON CONTENT AND METHODOLOGY
Hurm reviewed the matter and stated the policy may need to be revised.
Stover moved, Shaw seconded approving the Internet Web Site Policy on content
and methodology, anticipating future amendments to be done adminstratively.
Motion passed 5/0.
.
Councilmembers Benson and McCarty expressed their agreement with this idea.
12. ADMINISTRATOR & STAFF REPORTS
Engineer's Report on Status of 1996 Project Schedules
City Engineer Larry Brown reviewed his report. With regard to the Minnewashta water tower,
Mayor Bean inquired in light of the Bumsville construction site situation, is the orange fence
adequate protection given the proximity of children and suggested other steps should be considered
in light of that accident. Brown stated staff would look at other alternatives to increase the
protection. Mayor Bean also pointed out this should not be limited to the school year.
With regard to Smithtown Road between Country Club Road and Eureka Road to the north, .
Councilmember Benson inquired what it would cost to speed it up the process. Hurm indicated
information to be reviewed at next meeting. Mayor Bean advised keeping in mind the Council
must be sure the water main will go down Smithtown before executing the agreement with
Victoria.
13. MAYOR & CITY COUNCIL REPORTS
Councilmember Shaw thanked everyone who attended the annual meeting/community breakfast of
the Community Education Services of Minnetonka on May 30th.
Mayor Bean reported the City is meeting in mediation with the Teamsters on Monday, June 17th
with regard to the police contract.
14. ADJOURNMENT SUBJECT TO PAYMENT OF CLAIMS
Shaw moved, Benson seconded to adjourn the City Council meeting at 11:32
p.m., subject to payment of claims. Motion passed 5/0.
.
.
REGULAR CITY COUNCIL MINUTES
MAY 28, 1996 - PAGE 9
RESPECTFULLY SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
JAMES C. HURM, CITY ADMINISTRATOR
ROBERT B. BEAN, MAYOR
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOO. MINNESOTA 55331-8927 · (612) 474-3236
NlEMORANDUM
TO: Mayor and City Council
r1Ill Hurm
FROM:
Larry Brown
/)3--
.
DATE:
June 7, 1996
RE: City Hall Parking Lot
Final Acceptance
The City Hall parking lot has been completed for many months. The issue that has held up final payment
is with regard to what we refer to as "soft rock pop-outs" within the concrete sidewalk to the entryw~~.
of City Hall. These are the pock marks that you may notice in the top surface of the walk.
.
Literally hundreds of projects over the Minneapolis metropolitan area were plagued with this problem
during the 1995 construction season. This is due to a new mining pit which was opened to supply the
two largest suppliers of concrete in the metro area. These pop-outs are not uncommon in smaIl amounts.
However, it was determined after the fact, that the aggregate originating from this particular mine had an
inordinate amount oflimestone or shale content. Shale material is very porous and absorbs water. Once
the water absorbed by the shale freezes during the winter months, it expands and "pops out" the soft
shale material.
Many projects involving artistic scoring patterns and designs were impacted within the metro area.
Through the mediation proceedings that have taken place on large size projects (one million dollar plus
range), the "industry standard" that has been arrived at is that concrete surfaces with soft rock pop outs
shall be filled with a special epoxy grout and seal coated versus total removal and replacement. This
results in a darker spot or freckle within the surface. Concrete surfaces to be removed would be only
those where the freckle created by patching would adversely affect special scoring designs or artistic
designs.
The other industry standard that has been created is for municipalities to final out the contracts (where
appropriate) and to obtain a bond with the subcontractor for patching or replacement. This is reasonable
as the general contractor is released their retainage, and the subcontractor who is responsible for
completing the work is directly on line for restoration. This frees the general contractor and gives the
A Residential Communirv 'Jf1 Lake :'Ainneronka.; South Shcre
#3A
City Hall Parking Lot
June 7, 1996
Page 2 of2
City a direct financial surety with the subcontractor to insure that the work is completed in a timely
manner.
The subcontractor on this project which placed the concrete was Landmark Concrete. When contacted
about the problem, they stated that they are familiar with the patching and repairing that is becoming the
accepted standard. Although these "freckles" do not impact the structural integrity of the concrete, this
contractor felt that it was not a good reflection on Landmark Concrete as a final product. They prefer.
remove and replace the slab, if the City was willing to work with their schedule this summer.
I must report that it certainly speaks well of Landmark Concrete that they take such pride in their work
over and above what has become the industry standard. Based on this information, it is recommended
that the City Hall parking lot be accepted for final payment contingent upon the subcontractorof
Landmark Concrete supplying the City of Shore wood a performance bond in the amount of2500.00 and
a schedule for replacement of the walk.
A resolution is attached for your consideration.
.
CITY OF SHOREWOOD
RESOLUTION NO. 96-
A RESOLUTION ACCEPTING CITY HALL/BADGER PARK PARKING
LOT IMPROVEMENTS, PROJECT NO. 94-6, AND AUTHORIZING
FINAL PAYMENT
.
WHEREAS, the City of Shorewood has entered into a contract with
Hardrives Inc. for City Project No. 94-6, City HalIIBadger Park Parking Lot
Improvements; and,
WHEREAS, the Contractor has petitioned for fmal acceptance of the
project and final payment based on work performed to date; and,
WHEREAS, the Project Manager has made a final inspection of the
project and recommends acceptance and final payment be made by the City.
NOW, THEREFORE BE IT RESOLVED that:
The City hereby does accept the work completed pursuant to said contract and
authorizes final payment to the Contractor, and the one year guarantee shall
commence as of the date of this resolution, subject to the following items:
I . The Contractor furnish the City a one year maintenance bond pursuant to the
contract.
2. The Contractor must make satisfactory showing that he has complied with
the provisions of Minnesota Statutes 290.92 requiring withholding of State Income
Tax.
.
3 . Evidence in the form of an affidavit that all claims against the Contractor by
reasons of the contract have been fully paid or satisfactorily secured.
ADOPTED by the City Council of the City of Shorewood this 10th day of
June, 1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
C:ITY OF SHOREWOOD
RESOLU'l':ION NO. 96-
A RESOLUTION AUTHOR:IZ:ING AN APPL:ICAT:ION FOR FUN'J):ING
FOR AN :INFLOW AND :INF:ILTRAT:ION REDUCT:ION PROGRAM
WHEREAS, the Metropolitan Council Environmental
Services (MCES) is inviting metropolitan area communities to
apply for a loan up to $40,000 or a grant of up to $10,000 to
fund projects and studies to reduce inflow and infiltration
of clear water into the metropolitan disposal system, and
WHEREAS, the City of Shorewood is interested in a well
planned and coordinated effort to reduce inflow. and
infiltration, and
.
WHEREAS, the City of Shorewood has budgeted up to
$48,000 for inflow and infiltration study and projects which
can be used as matching dollars for this program,
NOW, THEREFORE, BE :IT RESOLVED by the Shorewood City
Council that the City Administrator is hereby authorized to
submit an application to the MCES for this inflow and
infiltration reduction program.
ADOPTED BY THE C:ITY COUNC:IL OF THE C:ITY OF
SHOREWOOD this 10th day of June, 1996.
Robert B. Bean, Mayor
.
ATTEST:
James C. Hurm, City Administrator
.
3~
~ Metropolitan Council
~ Working for the Region, Planning for the Future
Environmental Services
May 2, 1996
SUBJECT: MCES Offer of Matching Loans & Grants
Infiltrationllnflow Control Projects & Studies
~.~- :-----.-.-
Dear Public Works Director:
.
- Metropolitan Council Environmental Services (MCES) invites your community to
apply for a loan of up to $40,000 to fund projects, or a grant of up to $10,000 to
fund studies to reduce infiltration and inflow (1/1) of clear water into the
Metropolitan Disposal System. To be eligible, a matching dollar commitment is
required from the community for each loan and grant offered. A unique feature of
the loan is that if the 1/1 project is annually certified as being effective for a period
of five years after completion, annual repayment of the loan will be forgiven.
.
As part of the 1996 budget process, the Metropolitan Council has allocated a total
of $400,000 to this loan and grant offering. The objective of the loans is to
promote and fund, in-part, III projects at the local level which will benefit bo~h the
community and the metropolitan wastewater system. The objective of the grants is
to promote and fund,. in-part, studies that identify sources of 1/1 and develop
projects at the local level which will also benefit both the community and the
metropolitan wastewater system. A description of the loan and grant offer is
enclosed which identifies the criteria MCES staff will use in evaluating and ranking
the proposed projects and studies.
To apply for either a loan or grant, you will need your councilor board to pass a
resolution authorizing you or another appropriate sta"ff member to submit the
application and to serve as your subject matter contact. Please attach a copy of the
official minutes of this action to the enclosed application form and complete the
application form according to the instructions enclosed. Then, attach a complete
description of your proposal for an 1/1 control project or study. Your description can
be as brief or lengthy as you like, but be aware that the applications will be
competitively evaluated. Provide sufficient inf~rmation to justify the priority of your
proposal.
After consideration of applications is completed, the Metropolitan Council will
determine which applicants will be offered loans and grants. The of-fers will be
made in writing to the applicants, along with the terms of the legal agreement
- over -
:2~:'C ':::aSi ;:'-:r"t:-: Srrf"~~ St. Paul. \'{in:1es()!,;} .=),3lD l- ~o:3;)
~61:2) 22:-;~4:2.'?
-.-,~~~.: :2:2:::-'2. ~'
between the community and MCES. To be awarded a loan or grant, the community
councilor board will need to ratify the legal agreement by official action. The 1/1
project or study must be completed within a period of 18 months of the date of the
agreement.
Submit the application to:
William G. Moore
General Manager, Wastewater Services
Metropolitan Council Environmental Services
230 East Fifth Street
St. Paul, Minnesota 55101
Informational meetings will be held on Thursday, May 16, 1996, at Woodbury City
Hall, 8301 Valley Creek Road, Woodbury, and Friday, May 17, 1996, at
Minnetonka Community Center, 14600 Minnetonka Blvd., Minnetonka. Both .
meetings will begin at 9:00 a.m. A format presentation of the Loan/Grant Program
will be given, after which questions and comments from the audience will be taken.
For registration to attend one of these meetings, please call Kyle Colvin, MCES
Senior Staff Engineer, at 229-2151.
If you have any questions or require additional information regarding the application
procedure, please don't hesitate to call Kyle Colvin at 229-2151.
Sincerely,
~B~~~
Environmental Services Division Director
.
Enclosures
HAB:WGM:KLC
cc: City Manager (w/enclosure)
City Engineer
METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES
OFFER OF MATCHING LOANS FOR INFILTRATIONIINFLOW CONTROL PROJECTS
LOAN APPLICATION FORM
NOTICE TO APPUCANTS: Read the attached "Metropolitan Council Environmental Services - Description of Offer c
matching Loan and Grant monies to Communities for InfiltratioolInflow Controls" for guidance on how this Loan Offer ~i1
be conducted. Prior to award of a Loan, the Applicant Community must enter into an agreement with the MCES. The.
complete terms of the agreement will be furnished to those Applicants to whom a Loan Offer is made.
COM:MUNITY NAME:
Correspondence regarding this Application should be mailed to:
-
NAME:-
TITLE:
STREET:
CITY, ZIP:
.
LOAN AMOUNT REQUESTED FROM MCES: $
(Enter a value up to $40,000.00. An equal amount is required to be contributed by the Community to be eligible
for a Loan).
PROVIDE THE FOLLOWING ON SEPARATE SHEETS OF PAPER:
Describe the objectives of the project. Highlight any benefits that the project is intended to provide to the
Metropolitan System of wastewater interceptor sewers and treatment plants. Does the project eliminate a
historic sanitary sewer bypass? If so provide MPCA reporting form on incidence( s).
Provide a complete description of the proposed project. Include a map showing the limits of the project area and
. the wastewater collection system in the vicinity of the project. You may attach any engineering reports, plans or
other pertinent documents that provide useful background for MCES evaluation of the proposed project.
What is the proposed schedule for the project completion, assuming a Loan is offered? If possible, identify key
steps and intermediate dates. Would the project be performed by contracted services or by City staff'? Will a
competitive bid process be required?
What is the estimated amount of III expected to be removed from system after completion of the project?
(MGY)
Provide copy of official minutes of governing body which autliorizes applicant to apply for loan.
Print Name of Pre parer
Signature of Pre parer
Telephone Number:
Date of Application:
Title of Pre parer:
APPLICATIONS MUST BE POS1MARKED NO LATER THAN JUNE }4, 1996. APPLICATIONS WILL
BE REVIEWED AND OFFERS EXTENDED TO QUALIFIED SUBMITTALS IN JULY.
METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES
OFFER OFMATCBlNG GRANTS FOR INFILTRATIONlINFLOW CONTROL STUl>IES
GRANT APPLICATION FORM
NOTICE TO APPLICANTS: Read the attached "Metropolitan CouuciI Environmenta.I Services - Description of Offer ot
matching Loan and Grant monies to Communities for InfiltratioolInfIow Controls" for guidance on how this Grant Offer
will be conducted. Prior to award of a Grant, the Applicant Community must eater into an agreement with the MCES. The
complete terms of the agreement will be furnished to those Applicants to whom a Grant Offer is made.
COMMUNITY NAME:
Correspondence regarding this Application should be mailed to:
NAME: -
TITLE:
STREET:
. CITY, ZIP:
GRANT AMOUNT REQUESTED FROM MCES: S
(Enter a value up to SI0,000.00. An equal amount is required to be contnbuted by the Community to be eligible
for a Grant).
PROVIDE THE FOLLOWING ON SEPARATE SHEETS OF PAPER:
Describe the objectives of the study. Highlight benefits that the study is intended to provide to the Metropolitan
System of wastewater interceptor sewers and treatment plants. Does the study focus on historic sanitary sewer
bypasses? If so provide MPCA reporting fonn on incidence(s).
Provide a complete description of the proposed study. Include a map showing the limits of the study area and
the wastewater collection system in the vicinity of the study. You may attach any engineering reports, plans or
.ther pertinent documents that provide useful background for MCES evaluation of the proposed study.
What is the proposed schedule for the completion of the study, assuming a Grant is offered? If possible, identifY
key steps and intennediate dates. Would the study be perfonned by contracted services or by City sta.fl? Will a
competitive bid process be required? .
Provide copy of official minutes of governing body which authorizes applicant to apply for loan.
Print Name of Pre parer
Signature of Pre parer
Telephone Number:
Date of Application:
Title of Pre parer:
APPLICATIONS MUST BE POSTMARKED NO LATER THAN JUNE 14, 1996. APPLICATIONS Wll..L
BE REVIEWED AND OFFERS EXTENDED TO QUALIFIED SUBMITTALS IN JULY.
~: \;:ror:;r~ \qr:1t:.:!ora. o:.oc:
.
.
METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES
DESCRIPTION OF OFFER OF HATCHING LOAN AND GRANT MONIES TO
COMMUNITIES
FOR INFILTRATION/INFLOW CONTROL PROGRAMS
APRIL 1996
I. DESCIUPTION
The Metropolitan Council Environmental Services (MCES) is
offering a limited number of loans up to $40,000 to communities
served by the MCES for community-sponsored projects to reduce
excessive infiltration and inflow (I/I) from entering the
- Metropolitan Disposal System (MDS)~ Each loan will require that
a matching dollar expenditure on the project be made from the
recipient community. The first distribution of the loan money
will occur upon start up of the project and will consist of 50%
of the total loan amount. The remaining ~O% of the loan money
will be given to the community upon satisfactory completion of
the project and 30 days after receipt of documentation of
reimbursable project expenses of not less than 200% of the loan
amount. The loan eligible work must be completed within 18
months after the date of the agreement.
After the completion of the work by the community, the community
must provide annual documentation for a period of five years
following completion of the I/I project, certifying that the I/I
has not returned to the system. For each year that documentation
is provided that shows the project to be effective in the
reduction of I/I, repayment of the loan for that year (based on a
fixed, short term interest rate) will be forgiven.
The designated interest rate for any loan repayments will be
based on one percent above the Five Year Treasury Bond market
rate at closing on the date the agreement is signed by the loan
recipient. Interest for any loan repayments will computed from
the date of project completion.
The MCES will accept as documentation that the project has
performed as intended, a certificate from an Engineer licensed in
the State of Minnesota, for the first, second and fourth year
after project completion. For the third and fifth year, the MCES
will require that some type of physical documentation accompany
the certification.
The MCES is also offering a limited number of grants up to
$10,000 to communities served by the MCES for community sponsored
studies to identify, locate, quantify and develop an action plan
to eliminate excessive I/I sources from entering the MDS. Each
Grant will require that a matching dollar expenditure toward the
study be made from the recipient community. The. grant eligible
work must be completed 18 months after the agreement has been
signed.
Page 1
The first distribution of the grant money will occur upon start
up of the study and will consist of 50% of the total grant
amount. The remaining 50% of the grant will be given to the
community upon satisfactory completion of the study.
The total amount allocated for loans and grants is a minimum of
$400,000. There are currently no funds allocated for
continuation of these offers once the $400,000 has been
committed. If the number of applications received through the
initial offer is insufficient to encumber $400,000, the MCES
reserves the right to offer to raise the $40,000 loan and $10,000
grant ceilings to the initial qualifying applicants.
The $400,000 will be allocated into two separate funds in which
- communities can apply for monies for qualifying projects or
studies. Of the $400,000, $80,000 will be made available for
matching dollar grants up to $10,000 for studies and reports
aimed at identifying, locating and proposing solutions to .
existing III problems within the community. Those applicants who
receive a grant will be required to submit to the MCES a final
report summarizing the findings of the study and outlining the
action plan to address identified sources of III.
The balance of the $400,000, or $320,000, will be reserved for
matching dollar loans up to $40,000 for projects aimed at
eliminating sources of III from the MDS.
Each community can submit applications for a maximum of two
project loans and a maximum of 1 grant.
All communities that are billed for their wastewater directly by
the MCES are eligible to apply. Local and regional agencies such
as the Metropolitan Airports Commission, University of Minnesota
and the state Fairground may apply for either a loan or a grant .
but must do so by applying thru the local government in which
sanitary sewer service is provided. Applications will be
reviewed by MCES staff who will make a recommendation to the
members of the Metropolitan Council on the priority of the
community's proposed project(s) or study. The application
procedure and the staff's criteria for priority ranking for III
Control Projects are outlined herein. The Metropolitan Council
will review the staff's recommendations and establish the final
list of loan and grant recipients through official member action.
Recipient communities will be required to enter into an
agreement, with the Council, authorized by resolution of their
City Councilor Township Board. (The word "City" used hereafter
includes eligible TownShips.) The City's requirements, under the
agreement, will include that the City prOVide assurances that the
funds are applied to the stated purpose, that the project is .
cost-effective, that costs be accurately accounted, and that a
written report be submitted to the MCES upon completion of the
work. The agreement will also provide the MCES the right to
audit City records pertaining to the loan and grant funds and
Page 2
~
.
.
matching local share.
Each community that receives a loan will be required on the
anniversary date of the project completion to provide to the MCES
a certification stating that the project has continued to be
successful in reducing I/I from the system. For each year that
the project can be certified as performing in its intended
purpose of I/I reduction, repayment of the loan funds will be
forgiven. In the event that during the first five-year period
after the completion of the project, the community cannot certify
that the project has continued its intended purpose of I/I
reduction, then the community has to either; 1. immediately
(within 3 months upon discovery) initiate a fOllow-up project
using community funds to repair the original project or, 2. repay
-a portion of-the loan distribution plus interest, until either
the original project is repaired and the I/I eliminated, or
continue to repay the loan distribution amount plus interest
annually until the end of the 5 year period after the original
project completion date. Exact terms of loan repaYment schedules
and amounts will be included in each individual agreement between
the MCES and loan recipient
The goal of this loan offer is to assist communities to implement
I/I control improvements which provide a metropolitan benefit in
addition to a local benefit. Because the funds are limited for
this loan offer, the MCES places a greater priority on physical
improvements over desk-top studies. Studies to identify,
quantify and locate sources of I/I can receive monetary
assistance under the grant portion of this program offer.
Communities that already have an understanding of where problems
exist and how they can be corrected will be in a better position
to justify their proposal for the loan offered under this
program. The MCES also intends that the administration of these
loan agreements be streamlined to coincide in nature with the
limited loan amount and the infrequent offering of loan and grant
monies.
Loan and Grant money will not be made available for projects or
studies that have been started prior to the date of the
agreement.
Projects pertaining to the separation of sewers (storm vs
Sanitary) will not be eligible for either the loan or grant
monies. The intent of this loan/grant offer is to help
communities initiate projects which are not funded by other
outside sources. -
II. GENERAL CRITERIA FOR FUNDING PRIORITIES (LOANS)
Proposed projects will be evaluated by MCES staff who will make a
recommendation on the priority classification of the project.
MCES staff will prepare a recommended priority list for
consideration by the members of the Metropolitan Council.
Page 3
Projects targeted to produce a metropolitan benefit will receive
higher priority than those where a metropolitan benefit is
unlikely. Removal of I/I which previously resulted in sewage
bypasses would be an example of a project with metropolitan
benefit, in that loading to the conveyance and treatment
facilities would be lessened and a potential public health hazard
would be eliminated. A project to increase the capacity of the
local system for the above example would not however be
considered an example of a metropolitan benefit. If a project is
submitted that cites an elimination of historic bypasses, the
application must include a copy of a "MPCA Report Form(s)" which
documents the bypass (es). Another example of metropolitan
benefit is a project designed to reduce high peak flow rates,
resulting from I/I. The 1992 "Systemwide Infiltration/Inflow
- Evaluation" by the former MWCC is one source of information on
communities where peak flow rates are estimated to be above
average.
Since the aforementioned report did not include information 4It
regarding estimated Rain Derived I/I (ROI/I) or Groundwater
Infiltration (GWI) for the cities of Minneapolis, st. Paul or
South st. Paul, applications from these communities will need to
include documentation of their RDI/I and GWI. Other communities
may also submit their own information demonstrating high peak
flow rates and groundwater infiltration rates for specific
project areas.
Priority ranking will be given for those communities which were
characterized in the "Systemwide Infiltration/Inflow Evaluation"
report has having both potentially excessive rain dependent I/I
(RDI/I) and groundwater infiltration (GWI). Attached is Exhibit
A, a copy of communities identified as having potentially
excessive ROI/I and GWI in the 1992 Systemwide I/I Study.
Priority ranking will also be given for those communities located ~
within the service areas of the Blue Lake, Metropolitan, and ,.,
Stillwater wastewater treatment facilities. These treatment
facilities were identified in the "Systemwide Infiltration/Inflow
Evaluation" study, as benefiting most from I/I removal.
Loan recipients will need to demonstrate that they already have
an understanding of the source of the I/I and how it can be
effectively reduced. Peak rates of inflow have a greater impact
on metropolitan wastewater facilities than the long term effect
from average rates of groundwater infiltration. Therefore,
projects designed to immediately reduce peak rates of inflow will
receive higher priority than those designed to eliminate the
average rate of groundwater infiltration.
After completion of the project, the Community will be
responsible for certifying that the project has maintained its
intended pUrpose of I/I reduction. As part of the loan
application, the Community is requested to propose the method for
certifying the project. The method of certification will be
reviewed, negotiated and included in the agreement. Two such
Page 4
methods of certification would be to document the condition of
the project by means of televised inspections or by visual
inspections. The certification shall be signed by an Engineer
registered in the state of Minnesota.
The general criteria are summarized below. Higher priority
rankings will be assigned for projects characterized by items
from the top of this list. Lower priority rankings will be
associated with items from the bottom of the list.
Proposed Pro;ect Rankinq criteria for ~oans
(Descending Order of Priority)
Estimated total of I/I reduction as result of project is
either greater than 32 MGY, between 16 MGY and 32 MGY, or
between 5 MGY and 16 MGY
.
Benefits Metropolitan Area and Facilities
a. Immediate Savings
c. Pollution Abatement
b. Long Term Savings
Project is located within either the Blue Lake, Metro or
Stillwater WWTP service area
Targets Immediate Reduction of Peak Rates of Inflow
Community is identified as having potentially excessive
ROI/I and GWI
Community is identified as having potentially excessive
ROI/I
.
Targets the Reduction of long term average/continuous
infiltration
III. GENERAL CRITER~ FOR FUNDING PRIORITIES (GRANTS)
Proposed studies will be evaluated by MCES staff who will make a
recommendation on the priority classification of the study. MCES
staff will prepare a recommended priority list for consideration
by the members of the Metropolitan Council.
At a minimum, applications for a gr~nt shall contain the
following:
1. Description.and scope of the study.
2. Time schedule for completion (identify key steps and
intermediate dates.)
3. Objectives of study.
4. Who will be responsible for preparing the report (city
staff vs consultant). If contracteq Will proj~ct be
competitively bid? .
Page 5
5. Map of study area and wastewater collection system in the
vicinity of the study area.
6. List of anticipated benefits to Metropolitan System rf work
proposed by study is carried out.
7. Estimate of potential I/I removed if project initiated (MGY)
8. Cost Effectiveness of proposed project.
9. Identifies any historic sanitary sewer bypasses.
As a minimum for consideration for a grant, studies need to
result in projects targeted to produce a metropolitan benefit.
Applications for grants which are received by communities which
have been identified in the Metropolitan Waste Control
Commission's study "Systemwide Infiltration/Inflow Evaluation"
dated April 1992, as having high nWet Whether Peak Ratios" will
receive a higher priority ranking than those communities which
were identified with lower "Wet Weather Peak Ratios". A listing
of "Wet Weather Peak Ratios" as given in the 1992 "Systemwide .
Infiltration/Inflow Evaluation" report is attached, as Exhibit B,
for informational purposes only.
Since peak flow conditions are the main cause for most capital
improvements to the MOS, studies aimed at identifying projects to
reduce these types flows will be given a higher priority.
IV. APPLICATION PROCEDURE
To apply for a loan, a grant, or both, the Application Form(s)
must be completed and signed by the City Administrator or
equivalent staff authorized to submit the application by a
resolution of the City Council. Attach a copy of the official
minutes authorizing the submittal of the Loan/Grant Application
to the application form.
Attach supplemental information to describe the I/I problem, the
details of the proposed project, and how the project(s) meets the
priority criteria of the loan or grant offer and other pertinent
information as requested on the application form.
Applications must be post-marked no later than June 14, 1996.
.
IV. EVALUATION OF APPLICATIONS
After the submittal deadline, copies-of the loan and grant
applications will be made and distributed to a panel consisting
of between 3 to 5 members af Metropolitan Council staff. Each
member will independently review and evaluate every loan and
grant application using the criteria outlined herein. Each panel
member will assign a point value to the application. Upon
completion of the application evaluation, the point values will
be averaged and all the applications will be ranked in descending
order. Each member will be notified as to the ranking of the
Page 6
.
.
applications and will be given the opportunity to comment. Once
the final ranking is accepted by the panel, a list of the
recipient loan and grant applicants with the highest rankings
will be given to the Metropolitan Council for final approval.
After the Council has approved the rankings and the list of
recipients, loan and grant offers will be made and negotiations
for the agreements will commence.
V. OFFERS
Offers will be made approximately in the third week in JUly,
1996. A written offer will be sent to each qualifying community
~at will contain the loan or grant agreement language. Actual
award of the loan or grant will be contingent upon City Council
action authorizing the agreement between the MCES and city.
A: \pJ:oq:_\proqde_. doG
Page
I
I
I
;
i
t
.
.
EXHIBIT A
Table 3-2 I
Assessment of Potentially Excessive III I
Wet
SoiIl Weather Potentially Dry Weather Potentially
Groundwater Peak Ratio Excessive Peak Ratio Excessive
Community Condition (WWPR) RDIIIa (DWPR) GWI~
Chanhassen Wet 2.81 X 1.62 X
Circle Pines Dry 2.32 X 1.48 X
Crystal Dry 1.97 X
Deephaven Wet 1.74 X
Eden Prairie Wet 2.69 X
--
Edina Wet 1.60 X
Farmington Wet 1.65 X
Forest Lak\. Township Wet 2.85 X 1.n X
Fridley Dry 1.49 X
Little _ Canada Wet.. ~ _.. 1.72 X
Long Lake Wet 3.03 X
Maple Plain Wet 3.61 X 1.85 X
Mendota Heights Dry 1.45 X
Mound Wet 2.68 X
Mounds View Dry 1.36 X
Newport Dry 2.17 X 1.39 X
Orono Wet 1.60 X
Osseo Dry 1.36 X
Rosemount Dry 1.34 X
St. Paul - . 1.63 X
Shorewood Wet 2.92 X 2.02 X
Stillwater Wet 1.91 X
Waconia Wet 3.56 X
Wayzata Wet 3.00 -- - X
West St. Paul Dry 2.03 X 1.45 X
'See Figures 3-2 and 3-3.
bSee Figures 3-4 and 3-5.
.Combined Sewer Area.
=
GLT291/OQ7.51
TA}.Z~~
'l
r,'2..o'"'"1
G i/o., 1 vc... ~;o....."' re. ;::>-,;r:.-
\'S .. - '1 ~ \'1_ . 1_ '''1
199.J... ~...':"'t::~C',__'i~~ _"l,..,;_ r=.~,..,r~,/...;.....,_I~u__,
0'" c: ~":"::.. J"^. ~4-;'} t .
~-
.
.
EXHIBIT B
COMMUNITY III INFORMATION
(Ranked in Decending Order of''Wet Weather Peak Ratio")
From 1992 "Systemwide IntiItratioolIntlow Evaluation Report
by CH2M Hill
DRY WEATHER WET WEATHER
RANK COMMUNITY PEAK RATIOS PEAK RATIOS
1 Independence 1.76 6.44
2 Greenfield 1.76 6.13
3 Medina 1.75 5.28
4 Maple Plain 1.85 3.61
-
5 Waconia 1.58 3.56
6 Victoria 1.47 3.10
7 Tonka Bay 2.12 3.07
8 Long Lake 1.53 3.03
9 Wayzata 1.56 3.00
10 Shorewood 2.02 2.92
11 Sl Paw 1.63 2.88
12 Fo~ Lake Township 1.n 2.85
13 Centervrlle 1.42 2.84
14 Chanhassen 1.62 2.81
15 Eden Prairie b 2.69
16 Mound 1.47 2.68
17 Minnetrista 1.61 2.66
18 Medicine Lake 1.86 2.64
19 Orono 1.60 2.56
20 Chaska 1.46 2.50
21 Excelsior 1.33 2.49
22 Hugo 1.66 2.40
23 Columbia Heights 1.22 2.40
24 st. Bonifacius 1.36 2.39
25 Laketown Township 1.64 2.38
26 Sl Anthony 1.31 2.35
27 North Oaks 1.66 2.33
28 Hilltop 1.36 2.33
29 Cirde Pines 1.48 2.32
30 Greenwood 1.37 2.32
31 Arden Hills 1.25 2.24
32 Minneapolis 1.45 2.22
33 White Bear Township 1.53 2.20
34 Vadnais Heights 1.41 - . 2.20
35 Minnetonka Beach 1.53 2.19
36 Ulydale 1.90 2.17
37 NewpOrt 1.39 2.17
38 Gem Lake 1.36 2.17
39 North St. Paul 1.26 2.17
40 Prior Lake 1.48 2.09
41 Deephaven 1.74 2.07
Page 1
EXHIBIT B
DRY WEATHER WET WEATHER
RANK COMMUNITY PEAK RATIOS PEAK RATIOS
42 Plymouth 1.30 2.06
43 West S1. Paul 1.45 2.03
44 New Hope 1.27 2.01
45 UttJe Canada 1.72 2.00
46 South S1. Paul 1.38 1.99
47 Lauderdale 1.37 1.99
48 Crystal 1.30 1.97
49 Forest Lake 1.48 1.93
50 Mendota Heights 1.45 1.90
51 F annington 1.65 1.87
52 Maple Grove 1.23 1.87
53 Lexington 1.28 1.82
54 Lakeville 1.25 1.80
55 Shoreview 1.19 1.80
56 Rosemount 1.34 1.77
57 Mahtomedi 1.19 1.76
58 Uno Lakes 1.31 1.71
59 WiUemie 1.19 1.69
60 Cottage Grove 1.13 1.68
61 S1. Paul Park 1.19 1.67
62 Andover 1.25 1.66
63 Bayport 1.48 1.64
64 Oakdale 1.43 1.64
65 Maplewood 1.40 1.64
66 Roseville 1.35 1.64
67 Richfield 1.22 1.64
68 Savage 1.31 1.62
69 Fridley 1.49 1.61
70 Mendota 1.21 1.59
71 Golden Valley 1.29 1.58
72 Bumsville 1.21 1.57
73 Spring Park 1.40 1.56
74 Brooklyn Park 1.24 1.56
75 Coon Rapids 1.21 1.55
76 Minnetonka 1.36 1.54
n Brooklyn Center 1.32 1.53
78 Inver Grove Heights 1.21 1.53
79 Birchwood 1.38 1.52
80 Woodbury 1.33 1.51
81 Mounds View 1.36 1.47
82 Falcon Heights 1.14 1.46
83 Edina 1.60 . 1.44
84 Bloomington 1.17 1.44
85 Eagan 1.27 1.43
86 Spring Lake Park 1.16 1.41
87 New Brighton 1.30 1.40
88 Hopkins 1.14 1.40
89 Stillwater 1.91 1.38
90 Robbinsdale 1.23 1.37
.
.
Page 2
.
.
EXHIBIT B
DRY WEATHER WET WEATHER
COMMUNITY PEAK RATIOS PEAK RATIOS
91 Hastings 1.17 1.37
92 Apple Valley 1.11 1.36
93 Champlin 1.23 1.35
94 Stillwater Township 1.10 1.35
95 Anoka 1.13 1.34
96 Blaine 1.12 1.34
97 Osseo 1.36 1.33
98 White Bear Lake 1.11 1.33
99 Ramsey 1.13 1.32
100 Oak Park Heights 1.16 1.26
101 St. Louis Park 1.28 1.25
102 Shakopee 1.17 1.17
103 Landfall 1.58 a
104 Empire Township 1.33 a
Notes: See ooginal1992 .Systemwide Infiltrationlfnflow Evaluation. report by CH2M Hill for
specific infonnation on how peak ratios were developed for individual communities.
a . No Wet Weather Peak Ratio was developed in CH2M Hill report due to insufficient
data.
b- No Dry Weather Peak Ratio was developed in CH2M Hill report due to unreliable
meter data.
i.t. \peakraDlt. xl.
Page 3
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927 . (612) 474.3236
MEMORANDUM
.
TO:
FROM:
DAlE:
RE:
Fll..E NO.:
Mayor and City Council
Brad Nielsen
7 June 1996
Halvorson, Carrie - Appeal Zoning Violation Deadline
ftoperty-<<95 EochanredLane
Based on a neighborhood complaint Ms. Halvorson has been cited for having more docks on her
property than what is allowed under City Code requirements. Ms. Halvorson has asked for
additional time to comply with the Code (see her letter, dated 22 May 1996 - Exhibit A, attached).
It should be explained that Ms. Halvorson inherited this problem from the previous owner.
It is recommended that Ms. Halvorson be granted an extension to 1 July 1996 to correct the zoning
violation.
cc:
Jim Hurm
Tim Keane
Carrie Halvorson
.
A Residential Community on Lake Minnetonka's South Shore
3.C.I-
May 22, 1996
Mr. aradley 1. Nielson
PlanPing Director
City of Shorewood
5755 County Club Road
Shorewood,:MN 55331
.
Dear Mr. Nielson:
Thank you for taking the time to visit our property and answer our questions.
I am requesting that we can be granted an extension to resolve the issue of our dock situation. I would
like to have until June 30, 1996 ifpossible.
Please notify me if there are any conflicts. Thanks again for all of your help.
arrie Halvorson
4495 Enchanted Lane
Shorewood,:MN 55364
(612) 470-7822 Home
(612) 513-3228 Work
Exhibit A
(~ . c. . 2. ,)
CITY OF SHOREWOOD
RESOLUTION NO. 96-
A RESOLUTION MAKING AN APPOINTMENT TO
THE SHOREWOOD PARK FOUNDATION BOARD OF DIRECTORS
WHEREAS, per the directives of the Articles of Incorporation of the
Shorewood Parks Foundation, the Shorewood City Council makes appointment to the
Board of Directors for the Foundation; and
WHEREAS, the Bylaws for the Foundation require that each Director be
appointed for three years or until his or her successor shall have been appointed.
.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Shorewood that the Shorewood Park Foundation Board of directors consists
of the following individuals, and that the highlighted individual is hereby appointed with
terms to take affect immediately upon the passage of this resolution and shall expire as
indicated herein:
Term First
Expires Orianization Ap-POintee Appointed
3/15/99 Tonka Football Association Jim Wilson 5/96
3/15/99 South Shore Softball Scott Hansen 7/94
3/15/99 Senior Representative Robert Noren 5/96
3/15/99 Shorewood Park Commission Ken Dallman 7/94
3/15/99 At Large Bill Keeler 9/94
3/15/98 South Tonka Little League David Steinkamp 3/95
3/15/98 Tonka United Soccer Diane Anderson 7/94
3/15/98 Tonka Men's Club Jim Lattemer 7/94
3/15/98 Shorewood Park Commission Sandy Trettel 7/94
3/15/98 At Large Charlie Cox 3/95
.
Tom Heiberg
Don Kelly
Tad Shaw
Gordon Lindstrom
Non-Voting, City Administrator Jim Hurm 7/94
Non-Voting, City Councilmember Jennifer McCarty 4/95
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 10th day of June, 1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator
#3D
.
IIiI historic
~Excelsior
On the shores of Lake Minnetonka
EXCELSIOR AREA CHAMBER OF COMMERCE
June 6. 1996
JU{\J J 7 1906
. ! ..,
.
City AdminIstrator
Jim Hurm
City of Shorewood
5755 Country Club Road
Shorewood. MN 55331
Re: 1996 Fourth of July Celebration
Dear Jim:
The Excelsior Area Chamber of Commerce will again offer fireworks from a barge
off the shores of the Excelsior Commons. It will be supported by a concert by the
Sevilles. a 10-piece horn band. and food vendors. Festivities begin at 7:30 P.M.;
fireworks at 10:00 P.M.
.
The City of Shorewood has been a consistent supporter of this tradition. Only
with the support of the City of Shorewood. and the other municipalities. are we
able to carry forward this event. I stand ready to answer any questions that you
or your council may have and look forward to the City's fmancial support.
Sincerely.
~7<d~~
~~k W. Kelly /'"
ChaJr. 1996 Fourth of July Committee
MWK/tas
POST OFFiCE BOX 32 · EXCE~S!ORi'vW.\ESOTA :5:5331 . PHOf'JE612: .174-6"-61
=IF 3 E.
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A SETBACK VARIANCE FOR RON BORN
WHEREAS, Ron Born (the Applicant) is the owner of real property located at 4865
Ferncroft Drive in the City of Shorewood. said property legally described as:
"Lots 8, 9, 10, 11, and 12. Block 8. Minnetonka Manor. Hennepin County, Minnesota.
according to the recorded plat thereof'; and
WHEREAS, the Applicant wishes to build a detached garage 10 feet from the
southeasterly boundary of the property. which boundary abuts a platted street right-of-way
cl-assified in the Shorewood Zoning Code as a Class I "Fire Lane"; and
WHEREAS, the property is zoned R-1D/S. Single-family ResidentiallShoreland. which
zoning district requires a 30-foot setback abutting a street right-of-way, and the Applicant has
requested a 20-foot setback variance to build the garage; and
WHEREAS, the Applicants' request was reviewed by the City Planner and his
recommendations were du1y set forth in a memorandum to the Planning Commission dated
2 May 1996, 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 regu1ar meeting on 7 May 1996. the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicants' request for a variance was considered by the City Council at
its regular meeting on 28 May 1996, at which time the Planner's memorandum and the minutes of
the Planning Commission were reviewed and comments were heard by the Council from the City
Staff.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the
City of Shorewood as follows:
FINDINGS OF FACT
1. That the subject property is located in an R-ID/S, Single-Family
ResidentiallShoreland zoning district and contains approximately 42,285 square feet of area.
2. That the subject property is occupied by the Applicant's existing home and a
nonconfomting utility shed, which shed is located too close to the side lot line and which the
Applicant has agreed to remove as part of his variance request.
3. That the subject property abuts a platted street right-of-way, which has been
classified in the Shorewood Zoning Code as a Class I Fire Lane.
4. That in 1988 the City of Shore wood conducted a study of existing fire lanes within
the community, which study concluded that fire lanes would be retained by the City and classified
according to their historical uses.
2-f
..:. J,#.
5 . That the fIre lane abutting the Applicant's property was set aside for drainage
purposes and not as a city street.
6. That the Applicant proposes to convert an existing tuckunder garage on the property
to living space.
7. That due to the topography of the subject property the proposed location for the
garage is the most suitable location to build it.
Lane.
8. That the proposed garage will be 63 feet from Femcroft Drive and 90 feet from Ivy
CONCLUSIONS
A. The Applicant has established an undue hardship and has satisfied the criteria for
the grant of a variance under the appropriate sections of Minnesota Statutes and the Shorewood
City Code.
B . Based upon the foregoing, the City Council hereby grants the Applicant's request .
for a setback variance to build a detached, single-story garage 10 feet from the southeasterly
boundary of the property.
C. This approval is subject to the following conditions:
1 . The Applicant must provide an estimate for removal of the shed and closing
up the opening of the existing tuckunder garage.
2. The Applicant must post an escrow based upon 1. above to guarantee
completion of the garage conversion and shed removal within six months.
D. That the City Administrator/Clerk is hereby authorized and directed to provide the
Applicants with a certified copy of this resolution for filing with the Hennepin County Recorder or
Registrar of Titles.
ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 10th day of June, .
1996.
ATTEST:
Robert B. Bean, Mayor
James C. Hurm, City Administrator/Clerk
2
.. '- ""
CITY OF SHOREWOOD
PARK COMMISSION MEETING
WEDNESDAY, MAY 29, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
8:00 P.M.
MINUTES
DRAfT
1.
CALL TO ORDER
Chair Martin called the meeting to order at 8:04 p.m.
2. ROLL CALL
Present:
Chair Martin; Commissioners Puzak and Dallman; Administrator Hurm;
Council Liaison McCarty, Engineering Director Larry Brown.
Vice-Chair Bill Colopoulos, Commissioners Trettel, Bensman and Wilson.
.
Absent:
3. REVIEW AGENDA
A quorum was not present. It was decided that the meeting would continue to follow the
Agenda, but that there would be discussion only because no formal action can be taken.
4. APPROVAL OF MINUTES
The Minutes of the April 23, 1996 Park Commission meeting will be on the Agenda for
approval at the June meeting.
5. MATTERS FROM THE FLOOR
. Administrator Hurm asked for discussion on the timing of Badger play equipment and
suggested that it could be a Tree Trust project if done this summer. (He reminded the Park
Commission that the budget for this project is $22,500 with $18,500 going to the structure
itself. It was agreed that it would be helpful to complete the rest of the park tours before
making a decision.
The second 1996 Tour was set for Tuesday, June 4, 1996 from 6:00 to 8:00 p.m., beginning
with Manor Park. The next Regular Meeting date was also scheduled. It will be on
Tuesday, June 25.
Hurm stated that with the construction of the Senior Community Center, it would be cost
effective to use the fill that will be generated, rather than move it to another location. Adding
the soil to raise and crown the current football field would help with the drainage and
grading problems that exist, but would make the field unavailable for this season. Engineer
Brown added that the crunch on the sporting programs would be worth the significant
fmancial advantage. He also explained that the Watershed District may be requiring
construction of a wet pond, which would be best to the northeast of the football field. There
was a consensus of members present that a wet pond should not be located at this site unless
absolutely necessary.
~
5
.... ~ ,"\.
SHOREWOOD PARK COMMISSION MINUTES
WEDNESDAY, MAY 29, 1996
PAGE 2 of 3
Hurm distributed the following handouts for review and possible future discussion:
1. Hennepin Parks LRT Meeting Minutes, Memorandum and Winter Use Permit
2. A copy of a letter from a Shorewood resident written to the Editor of the Sun-
Sailor from the May 29 edition of the paper concerning trails.
3. Trails article and survey from the Summer issue of the "Citizen Informer".
4. A quick summary of snowmobile survey results.
6. WORK ON GOAL STATEMENT FOR PARKS AND RECREATION
A Memo from Planning Director, Brad Nielsen was distributed which describes examples and
reasoning for goal statements for the Park Commission to formulate for inclusion in the
Comprehensive Plan. Hurm explained that at present there is no overall encompassing goal for .
parks in Shorewood and that it should be developed, although there is no deadline. Dan Puzak
offered to look at the issue and come to the next meeting with ideas.
7. COMMISSIONER REPORTS
A. Snowmobile Task Force - The last meeting of the Snowmobile Task Force is
scheduled for May 30. Laura Turgeon has replaced Ingrid Schaff, who had recently
resigned from the task force. The direction of the recommendation seems to be
approval of snowmobiles with stress on new regulations with strong enforcement.
Another key area is education and communication. This may involve the Park
Commission in taking an active role in education and/or implementation.
B. Hennepin County Park Update - This was covered in discussion under
"Matters From the Floor".
C. Park Foundation Report - Ken Dallman reported that the 1996 Park Festival has
been canceled and will be rescheduled for spring 1997. The Foundation is also
looking into trying a temporary concession stand for about a month at Freeman.
Another option is to raise the fee from the sports organizations to help finance the
concession building. Other ideas for fund raisers were discussed. The next Park
Foundation meeting will be in July. Hurm added that the goal of a concession
stand/picnic pavilion is the key vision for the Foundation.
D. Trail Plan and Community Survey - This was covered in discussion under
"Matters From the Floor".
.
8. REVIEW POLICE CHIEF REPORT ON 1995/1996 SNOWMOBILE
SEASON
This information was covered in the handout that was provided in the meeting packet. There
was no discussion at this time.
.
.
- .
SHOREWOOD PARK COMMISSION MINUTES
WEDNESDAY, MAY 29, 1996
PAGE 3 of 3
9. REVIEW TOURNAMENT POLICY AND FEE SCHEDULE
A draft of the tournament application form was handed out and tournament fees were
discussed. Hurm reported that the coordinator for a recent softball tournament has been
contacted about damages that occurred during their tournament and that this incident has
prompted the need to update the policy for tournaments. This could perhaps include the
requirement for a damage deposit and to provide a dumpster, in addition to paying a "Users
Fee". Commissioner Puzak agreed that policies do need to be set, which should also include
the requirement of a designated tournament coordinator to oversee safety, clean-up, traffic,
parking, etc. Hurm said that other communities will be surveyed as to their policies and this
can be looked at further for the June Park Commission meeting.
There was additional discussion on the possibility of allowing liquor license for post
tournament events at the parks. Further discussion will be necessary.
10. ESTABLISH NEXT MEETING DATES
The next regular meeting of the Park Commission will be on Tuesday, June 25, 1996 at 7:30
p.m.. and a second tour date is scheduled for Tuesday, June 4, 1996 at 6:00 p.m..
11. ADJOURNMENT
There being no further business, Chair Martin adjourned the meeting at 8:52 p.m..
RESPECTFULLY SUBMITTED,
Connie Bastyr,
Park Secretary
T.
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A SETBACK VARIANCE
TO RICHARD HOYT
WHEREAS, RICHARD HOYT (Applicant) is the owner of real property located at 5710
Ridge Road, in the City of Shorewood, County of Hennepin, legally described as:
"Lot 2, Block 1, Silver Ridge"; and
WHEREAS, in June of 1994 the Applicant caused to be constructed a deck and screen
porch, for which he did not obtain a building permit as required by Shorewood City Codes; and
WHEREAS, the deck and screen porch were constructed within the shoreland setback
and only six feet from the shoreline of Christmas Lake; and
WHEREAS, The Applicant then applied for a setback variance to allow the deck and
screen porch to remain on the property, which variance amounts to 69 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 28
November 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 5 December 1995, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their regular
meeting on 22 April 1996, 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;
and
WHEREAS, the Applicant then requested that his application be referred back to the
Planning Commission with proposed revisions; and
WHEREAS, the Planning Commission, at its 7 May 1996 meeting, considered revisions
to the original application which revisions proposed removal of existing stairway structures, an
existing boathouse near the lake, and portions of the deck and screen porch in question; and
WHEREAS, the revised request was reconsidered by the City Council at its regular
meeting on 28 May 1996 at which time 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 Applicant's property is located in an R-IA1S, Single-family
ResidentiallShoreland zoning district and contains approximately 2.39 acres.
2 . That the site is characterized by steep topography and heavy vegetation along the
west side of the lot adjoining Christmas Lake.
3 . That the property is occupied by the Applicant's home, a dock, a stairway system
leading to the lake, a mechanical lift system providing access to the lake, and a nonconforming
accessory building near the lakeshore.
L"A,
w ,_
.
.
4. That the Applicant has caused to be constructed a 24' x 24' deck with a screen
porch, which deck is located within the 75-foot shoreland setback for Christmas Lake, six feet
from the ordinary high water level.
5 . That the deck was built without the owner having fIrst obtained a building permit as
required by Shorewood City Codes.
6. That the Applicant has provided photographs of decks and other structures which
have been built near the shoreline of Christmas Lake on other lots.
7. That the Applicant has agreed to remove the existing stairway system, the existing
accessory building, an existing holding tank, the new screen porch and a portion of the new deck.
8 . That the surface area of the items referenced in 7. above equals or exceeds the area
of the subject deck.
9.
the lake.
That the Applicant has landscaped the new deck so as to screen it from view from
CONCLUSION
A. That the Applicant has satisfied the criteria for the grant of a variance under Section
1201.05 of the City Code and has established an undue hardship as defined by Minnesota Statutes
Section 462.375, Subd. 6(2).
B . That based upon the foregoing, the City Council hereby grants the Applicant a 69-
foot setback variance from the ordinary high water level of Christmas Lake for the purpose of
keeping the new deck.
D. That this approval is conditioned upon the Applicant removing the following items
by 30 July 1996:
1 . The new screen porch on top of the deck.
2. The easterly four feet of the deck.
3. The existing building and steel holding tank near the lake.
4. The stairway system adjacent to the northerly boundary of the property.
E. 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 10th day of June,
1996.
Robert B. Bean, Mayor
ATfEST:
James C. Hurm
City Administrator/Clerk
- 2 -
-"
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
29 May 1996
Larson Estates - Preliminary Plat
405 (96.09)
BACKGROUND
Mr. Carl Zinn, representing Stephen and Lucinda Larson, has submitted a preliminary plat for
the property located at 20435 Radisson Road (see Site Location map - Exhibit A, attached). As
can be seen on Exhibit B, the plat proposes to divide the property into three lots and three
outlots.
.
The subject property contains 7.1 acres, is zoned R-INS, Single-Family ResidentiallShoreland
and is occupied by the Larsons' residence. The property is characterized by a dranlatic change .
in topography, dropping from elevation 1012 just east of the house to 936 at the south end of
the site. Approximately two acres of the southerly portion of the site is a designated wetland.
As can be seen on the attached exhibits, the site includes a narrow (57 feet) strip of property
which extends down to the shoreline of Christmas Lake.
Following is a breakdown of the proposed lot areas:
Lot 1 - 50,136 square feet
Lot 2 85,855 " "
Lot 3 60,867 " "
O.L.A 91,656 " "
O.L. B 10,816 " "
O.L. C 5.822 " "
Total - 309,152 " " (7.1 ac.)
Outlot A is the designated wetland area. The applicant proposes to convey Outlot B to the
property owner to the east. The owners intend to keep Outlots C and D as access to Christmas
Lake.
A Residential Communitv on Lake Minnetonka's South Shore
fJl:,
~
Re: Larson Estates
Preliminary Plat
29 May 1996
ISSUES AND ANALYSIS
.
With the exception of Lot 2, the lots meet or exceed the size requirements of the R-INS zoning
district. Lot 2, as proposed, does not comply with width requirements by 25 feet. In the
consideration of this plat the following issues must be addressed:
A. Lot Width. Lot 2 is only 95 feet wide at the building line, whereas 120 feet is required.
This is easily adjusted by moving the lot line between Lots 1 and 2.
B . Lot Confi~ations. Due to the topography of the site the proposed lot configurations are
less than ideal. Lot lines are gerrymandered to try and take advantage of the most logical
locations for building pads. While this is unavoidable to some degree, the lot lines can be
cleaned up somewhat. Exhibit D shows a slight modification of the proposed lots which
addresses several issues.
.
1. The northeasterly line of Lot 1 has been moved to the west to give Lot 2 the required
width prescribed by the Zoning Code, eliminating the need for any variance.
2. The rear lot line for Lot 2 has been moved back to create a 50-foot setback for the
proposed building pad on Lot 2. This will allow Lot 2 to take better advantage of the
more level area at the top of the lot.
3 . The side lot line between Lots 2 and 3 has been pivoted so as to be nearly 90 degrees
with the street. More importantly the lot line comes closer to being 90 degrees with
the contours of the site. This allows drainage to be conducted within the required
drainage and utility easement along the side lot lines. This change may also allow Lot
3 to take better advantage of the less severe slope to the north of the proposed building
pad, if nothing else for yard space.
4. The rear lot line of Lot 3 has been extended slightly, taking out an unnecessary jog in
the lot line.
B . Wetlands. The applicant has commissioned a wetland delineation for the property and has
agreed to dedicate Outlot A to the. City for wetland conservation purposes. The 50-foot
wetland setback required by the City is shown on the plat. It should be noted that the
building pad proposed for Lot 3 extends right up to the setback and is proposed as a
walkout design. The applicant is reminded that decks, patios and similar features are not
allowed within the required setback. Design of a future home should provide adequate
space for such features.
Outlot A should be extended to include the portion of wetland located within Outlot C.
As a final note, the wetland buffer must be adequately staked so as to accommodate field
verification of the required setback.
C. Outlot B. The owner of the property located east of the plat wishes to enlarge his total lot
area. As part of the [mal plat, Outlot B must be legally combined with the adjoining
property and not left as a separate parcel. The wetland buffer and setback requirements
must be observed for Outlot B.
2
Re: Larson Estates
Preliminary Plat
29 May 1996
D. Outlots C and D. This portion of the site becomes separated from the rest due to the
required wetland dedication. A protective covenant or deed restriction should be required
as part of the final plat, stating that these outlots shall not be sold separately from Lot 2.
The only exception to this would be a sale to one of the adjoining property owners.
E. Access - Lot 1. The plat shows Lot 1 being accessed from the existing driveway of Lot 2.
This should be encouraged to avoid having to construct an additional driveway down steep
terrain to the curved portion of Radisson Road. The [mal plat submission should include a
proposed easement and maintenance agreement to be recorded with this plat.
-P. Drainage and Utility Easements. The Subdivision Code requires lO-foot drainage and
utility easements on each side of each rear and side lot line. These must be shown on the
[mal plat.
. G. Tree Preservation. Since the plat requires no street or utility construction and lots will be
custom graded, tree preservation will be addressed at the time building permits are issued.
It should be noted that some trees will be lost in order to fit the homes into the site. The
resolution approving a final plat should include the expectation that future homes will be
custom designed to fit the site and to minimize tree removal.
H. Required Pees. Prior to release of a [mal plat, the applicant must pay the following fees:
1. Park dedication (Lots 1 and3) $1000 x 2 = $2000.
2. Local sanitary sewer access (Lots 1 and 3) $1000 x 2 = $2000.-
3. Trunk water charges (Lot 1 and 3) $5000 x 2 = $10,000.
.
It should be noted that the owners may petition to have the trunk water charges assessed
against the property. As part of the final plat the applicant must provide a recordable
document putting future owners of Lots 1 and 3 on notice that additional assessment will be
imposed at such time as water is extended to serve the property.
RECOMMENDATION
Despite the topography of the site, it appears that two new lots can be created on the site,
provided extra care is taken to fit the homes to the site. Based on the preceding analysis it is
recommended that the preliminary plat be approved subject to the following:
1 . Lot 2 must be widened to 120 feet at the building line.
2. The lots should be reconfigured as shown on Exhibit D.
3 . Outlot A should be extended to include the portion of wetlands on Outlot C.
4. The required wetland buffer must be adequately staked by the applicant's surveyor to
accommodate field verification of wetland setbacks.
5 . Outlot B must be legally combined wi~ the property to the east.
3
Re: Larson Estates
Preliminary Plat
29 May 1996
6. Deed restrictions must be recorded for Outlots C and D, stating that they will not be sold
separately from Lot 2.
7. The fmal plat must show drainage and utility easements, ten feet on each side of rear and
side lot lines. .
.
8. The applicant must provide an up-to-date (within 30 days) title opinion or commitment for
title insurance for the property.
9. Tree preservation will be addressed in detail upon review of future building permits. The
resolution approving the final plat will set forth the City's expectation that homes will be
custom designed to fit the site and minimize tree removal.
10. Prior to release of the final plat, the applicant must pay park dedication fees, local sanitary
sewer access charges and trunk water charges for Lots 1 and 3.
11. The applicant must submit a recordable document notifying future owners that additional
assessments will be incurred upon extension of water main to serve the property.
.
12. The fmal plat must include "Block 1".
13. The applicant must provide an easement and maintenance agreement for the portion of
driveway shared by Lots 1 and 2.
14. The final plat application, complete with the items referenced herein, must be submitted
within six months from the date of City Council approval of the preliminary plat.
cc: Jim Hurm
Tim Keane
Larry Brown
Carl Zion
Stephen Larson
4
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RECOMMENDED LOT CONFIGURATIONS
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GRADING AND DRAINAGE PLAN
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EIlClNEEIlS . SURYE'IOIlS . PlNlNERS
SOIl TtS11NC . EM/lIlCIIOIEJfTAL SERYICEs
1~ WAYlATA ~. SUITE 1
~ II" 55305
(812) ""-7801 FAX:54lI';'eoe
STEPHAN LARSON
DAT : MARCH 1996
PROJECT NAME/SHEET n
LARSON ESTATES
GRADING AND DRAINAGE PLAN
SHOREWOOD, MINNESOTA
S.M.!. PROJECT NO. 60679-002 SHEET 3 OF 4 SHEETS
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(812) 5<Ie- 71101 I'All:S4e-t0e5
STEPHAN LARSON
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DATE: MARCH 1996
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Scole in Feet
GENERAL NOTES
1. . Denotes iron monument found
2. 0 Denotes iron monumenl set
3. .P.P. Denotes power Dole
4. Orientation of the bearing system used for this survey is based
on the eost line of Lot 25. which is ossumed to hove 0 beo';n
of SOulh 0 degrees 00 minutes 33 seconds West.
5. Contour informotion wos provided by the City of Sho'ewoCld.
6. Mea: 309.282 Square 'eet (7.10013 Acres)
LEGAl DESCRIPnON
EXISTING OESCRIPTlON LOT 25 RADISSON IN ADDITION
PROPOSEO OESCRIPTlON LOTS 1.2.3 LARSON ESTATES
OWNER: lAR. STEPHAN LARSON
204J5 RAOISSON ROAD
SHOREWOOD. lAlNNESOTA lA55JJ'
- - - CII'I' ........, ~
Exhibit B
PRELIMINARY PLAT
PROJECT NAME/SHEET TITLE
LARSON ESTATES
PRELIMINARY PLA 1
SHOR~WOOD, MINNESOTA
~ hA I PPf"l.IJ:'I~T Mf"l ,:;n,:;.,o_nn., C:::Ul:"::"'r'" r'\'" . "'U"'''''''''",
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOO. MINNESOTA 55331-8927 . (612)474-3236
MEMORANDUM
TO: Planning Commission, Mayor and City Council
Jim Hurm
.
FROM:
J . --
Lany Brown ~
June 3, 1996
DATE:
RE:
Larson Estates - Preliminary Plat
FILENO.:
405 (96.09)
Existing Site Conditions
This 7.1 acre site is located at 20435 Radisson Road and presently has one residential home with garage
structure. Site topography varies between the elevations of 1012 immediately east of the existing
residence to 936 at the south end of the site. The southerly two acres of the site is a City designated
wetland.
.
Sanitary Sewer and Watermain
Sanitary sewer is available to the site by an existing 9 inch PVC main within Raddision Road. -
Elevations are sufficient to serve all of the homes proposed within the plat. This area is currently
operating by private wells. Watermain is tentatively scheduled for installation in the year 2009 per the
City of Shorewood's 20 year water implementation plan.
Grading and Drainage
The grading and drainage plan is incomplete. The proposed house pad elevation for Lot 3 is at 959 at
the rear yard. The plan shows a heavy dashed line behind the house. Although this line type does not
match the legend shown on the plan, it is assumed that this is a retaining wall since the surrounding
ground is 11 feet higher than the house pad. The applicant needs to provide a contoured detail on
grading around the house pad and retaining wall to insure proper drainage.
A Residential Communitv on Lake Minnetonka's South Shore
.
.
Preliminary Plat-Larson Estates
June 3, 1996
Page 2 of2
Drainage for the plat needs to address impacts to Lot 3 from lots to the north. Lots 1 and 2 currently
drain to the rear yard and across the proposed driveway of Lot 3. The applicant's engineer needs to
revise the plan which minimizes drainage impacts to Lot 3.
Site Access
The plan proposes two driveways for Lots 1 and Lot 2 with an intersection of the driveways on Lot 2. It
is recommended the driveways for Lot 1 and Lot 2 share the existing easterly access to Radission Road
and that the westerly branch of the wye be removed. Minor modifications to the existing entrance will be
required during construction to insure proper alignment of vehicles entering Radission road.
Recommendations
It is recommended that the plat be approved contingent upon the following conditions
1. The applicant shall revise the grading and drainage plan which shows positive drainage around
the house pad of proposed lot 3.
2. The Grading and Drainage plan shall be revised to indicate all of the necessary grading for the
site.
3. The driveways for Lot 1 and Lot 2 be combined to share an access onto Radisson Road.
..
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331.8927 . (612) 474-3236
MEMORANDUM
.
TO:
FROM:
DATE:
RE:
Fll..E NO.:
Planning Commission, Mayor and City Council
Brad Nielsen
3 June 1996
Johns, Kevin - C.U.P. for Accessory Space in Excess of 1200 Square Feet
405 (96.11)
BACKGROUND
Kevin Johns has applied for a conditional use permit to construct accessory space in excess of
1200 square feet on the property located at 26890 Edgewood Road (see Site Location map-
Exhibit A, attached). Mr. Johns has undertaken a substantial improvement project on the
property, part of which includes expanding his existing garage. Since the area of the garage,
when added to an existing outbuilding on the site, exceeds 1200 square feet, a C.U.P. is
required.
.
The property is zoned R-INS, Single-Family ResidentiallShoreland and contains 41,517
square feet in area. As shown on Exhibit B the site is occupied by the applicant' s home and a
nonconforming boathouse near the lake. The new detached garage contains 582 square feet of
area, bringing the total area of accessory structures on the site to 1506 square feet. The existing
home contains 4240 square feet in the fIrst and second level alone (not including basement area
above grade).
An artists rendering of the proposed garage is shown on Exhibit C. The applicant's request
letter, dated 7 May 1996 is Exhibit D.
ANAL YSISIRECOMMENDATION
Section 1201.03 Subd. 2.d.(4) of the Zoning Code prescribes criteria for granting conditional
use permits for accessory space over 1200 square feet. Following is how the applicant's plans
comply with the Code:
a. The total area of accessory buildings (1506 square feet) does not exceed the floor area
(4240 square feet) above grade of the existing home.
b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size
for the R-INS zoning district (.10 x 40,000 = 4000 square feet).
A Residential Community on Lake Minnetonka's South Shore
"l..,
.
.
-.
Re: Johns, Kevin
C.U.P. for Accessory Space
3 June 1996
c. The proposed garage expansion complies with R-INS setback requirements. It should be
noted that the applicant has jogged the new garage in slightly to comply with the 20-foot
side yard requirement. The applicant's plans show proposed hard cover at 24.8 percent,
including the new garage and a future pool. This complies with the Shoreland District
maximum requirement of 25 percent.
d. Since the new garage is an integral part of the existing house and garage architectural
compatibility is not considered to be an issue.
Based upon the preceding analysis, it is recommended that the applicant's request for a
"'conditional use permit be granted as proposed.
cc: Jim Hurm
Tim Keane
Kevin Johns
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SITE LOCATION
Johns, Kevin G.D.P.
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PROPERTY SURVEY
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Exhibit C
GARAGE RENDERING
'<<,
May 7,1995
.
To: City of Shorewood
From: Kevin Johns
26890 Edgewood Rd., Shorewood, MN
Subject: Remodel I Conditional USE Permit
I am currently remodeling my primary residence which will include a second
story and hopefully the attached additional two garage stalls. I am doing a
complete restoration of the existing building. This will include stucco on the
outside of the entire house. I will also be doing some landscaping, especially
around the new garage. I will only have to remove a small crabapple tree to put
in the new garage.
. Please find enclosed all materials requested per 1201.04. I would also thank the
City of Shorewood for assistance so far in my remodeling project.
Sincerely,
:x:- .~~
- /'--
Kevin Johns
Exhibit D
APPLICANT'S REQUEST LETTER
Dated 7 May 1996
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
30 May 1996
New Horizon Child Care - Site Plan Review
405 (96.07)
BACKGROUND
New Horizon Child Care, Inc. has submitted plans for a day care facility at 19625 State
Highway 7 (see Site Location map - Exhibit A, attached). The property is part of the Waterford
(commercial) P.D.D. and contains approximately 40,020 square feet of area.
The applicant proposes a 93' x 73' , single-story building with parking in front and fenced play
areas in the side and rear yards. The proposed site plan is shown on Exhibit B, landscaping is
shown on Exhibit C and building plans are shown on Exhibits D and E.
The proposed plans require site plan approval by the City Council.
ANAL YSISIRECOMMENDATION
.
The proposed use is consistent with the commercial element of the Waterford P. D.D. The
subject property was specifically designated for use as a day care facility. Following is how the
proposed plans comply with the Waterford Development Agreement:
1 . Setbacks:
front:
side:
rear:
side abutting a street:
Proposed
83'
38'
50'
30'
Approved
50'
10'
50'
30'
2. The single-story building is consistent with height requirements of the Waterford P.D.D.
3. The proposed building design and materials (e.g. pitched roof, brick and cedar etc.) are in
keeping with the design guidelines of the P. U.D. The applicant should indicate what color
the siding materials will be.
4. Landscaping. Similar to other landscape plan reviews in the Waterford commercial area,
the recommendation is more and bigger. Additional plants should be shown on the berm in
front of the site. The berm itself should be extended to the west, observing 30-foot sight
A Residential Community on Lake Minnetonka's South Shore
,,0
.
.
Re: New Horizons Child Care, Inc.
Site Plan Review
30 May 1996
triangles at the entry to the property. Significant evergreen trees should be shown along the
south and east sides of the property to buffer the residential area to the south and east of the
site.
Although the two entryway trees are 5-inch caliper as required, many of the other plants are
smaller than what was specified in the Waterford design guidelines. Plant sizes shown in
the plant schedule should be changed as follows:
Spruce
Amur Maple
Crab
Junipers
Viburnum
6'
2-1/2 ' cal. min.
2-112' " "
24' min.
3' min.
5 . Parking. The site plan proposes 28 parking spaces. Based upon the occupant load
prescribed by the State Building Code (35 square feet per occupant) and the following
children-to-care provider ratio allowed by Hennepin County: 4: 1 infant, 7: 1 toddler, and
10: 1 preschool, the required number of parking spaces is 26. The applicant is advised that
onstreet parking on the Highway 7 service road or Shady Hills Road will not be tolerated.
If problems arise, "no parking" signs will be located along those streets.
6. Fencing. The plans propose fencing around play areas on the east, south and west sides of
the building, but do not specify height or style. The applicant is advised that any fencing
within the 3D-foot setback along Shady Hills is limited to four feet in height.
7. Signage. The plans include only one sign - a pylon sign located in the northeast comer of
the site. The 49 square foot area of the sign is well within the amount of signage allowed.
The applicant should note that the 20-foot height requirement must be measured from the
parking lot grade.
8. Lighting (shown on Exhibit G) is consistent with P.D.D. and Shorewood Code
requirements~
It is recommended that the site plan be approved subject to the following:
a. A revised landscaping plan should be required showing more and bigger plants.
b. Site grading and drainage must be approved by the City Engineer.
c. The berm on the comer of the site should be extended to the west.
d. A fencing plan must be submitted, showing the style and height of proposed fencing.
Anything located in the 3D-foot setback abutting Shady Hills Road is limited to four feet in
height.
e. Height of the pylon sign must be measured from the parking lot grade.
cc: Jim Hurm
Tim Keane
Larry Brown
Yanis Blumentals
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612) 474.3236
MEMORANDUM
TO: Planning Commission, Mayor and City Council
Jim Hurm
FROM:
Larry Brown /}J7
June 3, 1996
.
DATE:
RE:
New Horizon Child Care-Site Plan Review
FILE NO:
405(9607)
Existing Conditions
The site is approximately 0.92 acres in size" and is part of the Waterford P.U.D.. Relieffor the site
varies from 987.0 towards the center of the site to 982.5 near the southeast quadrant.
Proposed Site Analysis
.
The proposed site includes construction of a 6,741 square foot building with a bituminous surfaced
parking lot which provides 28 parking stalls. Two of the proposed parking stalls are handicap accessible
which is in accordance with the Americans with Disabilities Act.
Parking and site grades appear to be appropriate for this application. The plan indicates connection of
the proposed storm sewer system is to connect into an existing catchbasin within the lot to the west.
Survey information provided by the applicant does not show the exact location of the catchbasin.
Connection into this structure will require that the applicant obtain an easement from the adjacent owner
to be able to traverse the neighboring lot to facilitate connection. The applicant's engineer will be
required to submit storm sewer calculations for review and approval.
Sanitary Sewer and Watermain
Sanitary sewer and watermain are both available within the right of way ofBrom's Boulevard.
Elevations appear sufficient to serve the property.
A Residential Community on Lake Minnetonka's South Shore
.
.
New Horizion-Site Plan Review
June 1, 1996
Page 2 of2
Recommendations:
It is recommend that the site plan be approved contingent upon the following conditions:
1.
The applicant shall field verify the location of the catchbasin-manhole and shall submit storm
sewer calculations for the proposed site.
The applicant shall obtain a 15 foot drainage and utility easement centered over the storm sewer
pipe to facilitate connection into the existing storm sewer system.
2.
MEMORANDUM
.
TO:
FROM:
DATE:
RE:
FILE NO.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
Mayor and City Council
Brad Nielsen
6 June 1996
Faaberg, Zoning Violation Appeal
Property - 4340 Enchanted Drive
Mr. Vernon Faaberg, 4340 Enchanted Drive, is the owner of an adjoining outlot located to
the north of his homestead property (see Exhibit A, attached). In May our office received a
neighborhood complaint alleging that a dock had been constructed last year on Outlot 1 and
that a new dock had recently been constructed nearby. Upon inspection of the property,
two docks were found to existon Outlot 1 and a letter was sent to Mr. Faaberg (see Exhibit
B), advising him that the docks were in violation of Shorewood's Zoning Code and that
they must be removed by 24 May 1996. Since then the most recent dock has been
removed, but Mr. Faaberg has appealed the zoning violation (see Exhibit C), stating that a
1958 covenant on the property provided dock rights to certain lots on Enchanted Island,
and that the older of the two docks had existed since 1967. A copy of the covenant is
attached as Exhibit D.
.
Staff checked with the City Attorney to see if a private protective covenant supersedes City
zoning laws. Tim Keane has advised us that it does not. His opinion is forwarded under
separate cover.
We have conflicting stories as to when the older of the two docks was constructed. The
original complaint stated that the dock appeared last year. Mr. Faaberg's letter states that
the dock has been there since 1967. While we can investigate this discrepancy furthery it
should be noted that Ordinance No. 43 (Exhibit E, attached), which fIrst set forth
restrictions on docks, was adopted in January of 1965. If Mr. Faaberg's date is correct,
the dock is an unlawful nonconforming use. There is also some question as to who used
the dock in question, since the lots which benefIted from the covenant were vacant until the
past three or four years.
Mr. Faaberg's letter states that someone called City Hall to inquire if the City requires
permits for docks. The person was advised, rightfully so, that we do not. We have,
however, informed everyone who has specifIcally inquired as to dock rights for the subject
property in the last several years that the City' s Code precludes docks where no home has
been built. We have had a suffIcient enough number of inquiries in the past to have put the
7A,
A Residential Community on Lake Minnetonka's South Shore
Memo Re: Faaberg Dock Appeal
6 June 1996
Page two
requirements into writing. The letter attached as Exhibit F was provided to Susan Johnson,
one of the lot owners whose property is subject to the covenant, in July of 1995.
It is the recommendation of this office and the City Attorney that the dock in question is in
violation of Shorewood's Zoning Code and should be removed within 15 days.
If you have any questions relative to this matter~ please contact Tim Keane or me prior to
Monday night's meeting.
cc: Jim Hurm
Tim Keane
Vernon Faaberg
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 0 (612) 474.3236
13 May 1996
Mr. Vemon Faaberg
4340 Enchanted Drive
Mound,~ 55364
.
Re:
City Code Violation
Outlot 1, Enchanted Gardens
P.I.N. 30-117-23-23-0008
Dear Mr. Faaberg:
Due to recent inquiries or complaints, it has come to our attention that docks are being
constructed on property you own (Outlot 1, Enchanted Gardens) in violation of Section
1201.03 Subd. 14 of the City Code (Regulations Applicable to Shoreline Property) and
must be removed no later than 24 May 1996. A copy of the Code section is attached for
your review.
.
The City of Shorewood does not issue permits for residential docks, however, it has
adopted, by reference, the Lake Minnetonka Conservation District regulations. The City
Code also places certain other restrictions on docks and similar structures. Docks are
considered to be accessory structures and, as such, are only allowed on properties where a
principal use exists. In a residential zoning district, the principal use of the property would
be a residence or house. Every occupied lakeshore lot is allowed one (1) dock for the sole
use of the property's occupants.
Docks existing on lakeshore land which is unbuildable due to its size, shape or other
circumstances are nonconforming structures. These docks may be legal or illegal
nonconforming structures depending on their "grandfathered" status which would relate to
the age of their existence and regulations existing at that time. Legal nonconforming
structures may remain in their original size, shape and location, but are not allowed to be
increased in size or use.
The City has the authority to cause the removal of illegal nonconforming structureS when
presented with information which would sufficiently substantiate the age of a particular
structure, thus providing evidence as to its "grandfathered" status.
E-~".tb~+ e;
A Residenrial Community on Lake Minneronka's Soum Shore
.
.
Vemon Faaberg
13 May 1996
page two
Failure to comply with these regulations will result in the City taking whatever action may
be necessary to correct the violations at the property owner's expense. Your property will
be reinspected for compliance on 24 May 1996. If you wish to appeal this matter to the
City Council, you must do so, in writing, before 24 May 1996.
If you have any questions relative to this matter, you should call the Planning Department at
474-3236.
CITY OF SHOREWOOD
;3ZdGt~'(i' / /)d{~..J
Bradley J.: ielSen
Planning irector
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FAABERG & ASSOCIATES
VERNON E. FAABERG
474-4336 - RES.
ALSO ADMITTED NORTH CAROUNA
F AABERG & ZWEIFEL
ATTORNEYS AND COUNSELORS AT LAw
AN AssocIATION OF PROFESSIONAL CORPORATIONS
KNOLLWOOD PlAZA
203 FIRSTAR SANK BUILDING
8800 HIGHWAY 7
MINNEAPOLIS, MINNESOTA 55426-3927
612-935-9690
FAX: 612-945-9520
ZWEIFEL & ASSOCIATES
May 21, 1996
~r
/oJ~ 9?
HONORABLE MAYOR
CITY COUNCIL
CITY OF SHOREWOOD
BRADLEY J. NIELSEN
Planning Direstor
5755 Country Club Road
Shorewood MN 55331-8927
The purpose of this letter is to respond to Mr. Nielsen's letter
directed to me dated May 13, 1996.
I thought it would be appropriate for me to recite a bit about the
history of this area.
We purchased Lot 1, Block Three, Enchanted gardens from Leon D.
Kennard, who originally platted this addition in, I believe, 1954.
This purchase was in 1966. We did not acquire Outlot One until
about 1974. Mr. Kennard installed a dock on that Outlot in 1967.
It has been replaced twice due to disrepair since then, the most
recent about three years ago by the current owner of Lot 15, Block
2, Enchanted Gardens, (David and Delores Skrien). The existing
dock was placed in precisely the same spot as the previous 2, and
is actually smaller in that previous versions were "L" shaped,
whereas this one is straight. When we acquired the Outlot,
therefore, that dock was in place. At about the same time, 1974,
we also acquired Lots 13, 14, and 15, Block 2, Enchanted Gardens
from Isabel L. Kennard, Leon's widow. Later we sold these 3 lots
to Robert McGinty and gave as a part of his purchase, a license to
put in a dock, but not any obligation to secure any permits for him
or any purchaser from him.
If you will refer to the Protective Covenant included in the
original plat of Enchanted Gardens, you will determine that the
same Outlot is subject to a right of lake access and dockage in
favor of Lot 7 (Vik), Block 3; and Lot 8, (Johnson), Block 3, both
in Enchanted Gardens. Since Shorewood approved this plat, I
wonder, as an attorney practicing in real estate, whether the
Council has the authority to prevent the reasonable exercise of
this easement.
E""~b;l G
In summary, all Parties involved wish to cooperate in all ways
possible in this matter. One of the persons who is a licensee from
me, basically, states he inquired at my suggestion of the Shorewood
clerk's office as to the necessity of a dock permit and was
informed none was required.
I must say that as a long time citizen of our city, I took some
offense at the officious tone of Mr. Nielsen's letter.
No one is trying to be a scofflaw here. It is actually to our
personal best interests that no one dock their boats there. But
wttat is right is right: I hope that the city and the persons
trying to create a dockage situation reasonably in accord with
acceptable practice can cooperate. I assure everyone, we are
cooperative.
.
I have attempted to speak with Mr. Nielsen by telephone and have
not been successful. I send this letter to be sure I make some
kind of a response before his self-selected May 24, 1996, deadline.
r!:ectfUlr 9!:jed;
VE~ FWERG 7
VEF/lejf
cc Lot 7, Block 3
Lot 8, Block 3
Lot 13, Block 2
Lot 14, Block 2
. Lot 15, Block 2
Lot 1, Block 2
MAY-21-1996 15:33 FROM RISK CONTROL
.
.
TO
4740128 P.02
PRO'!'Z'14.U':; ;;;.;'-tIliIiJlN'r'S
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~. tho sr.14 owner dad.res w ~ corta1D. bc1U1lz8 re$tr:ic'U.~::.
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.
ORDINANCE NO, 43
AN OHDINANCI': AMI':NIJII'I(;
OltUlNi\NC~ NO. II 1,'Olt '1'111':
PI IItPOSIO: 01" PltOMO'l'INC;
II~ALTI1, SAi"I:.~rY. UIlUI'~lt,
CONVENIENCI~ AND
GENEllAL WELl"AUE UY
!U';C;IJlJ\TING 'I'lJIo: W';l'; 01'
LANU. THl!: LOCATIUN ANU
USE Of BULIJINGS ANl)
STUUCl'UltJ::S ON LOTS IN
THE VILLAGE 01"
SHOltJ::WOOU. MINNl!:SO'fA
The Village Council of U1C
Village of Shorewood does or-
dain:
SECTION 1. That Section 4.
Subdivision I, of Ordinance No,
8 be amended to read as fol-
lows:
"SUBDIVISION 1. USE REG-
ULATIONS, In the rcsidenl.1l1l
district unless otherwise pro-
vided in this ordinance. no
building or land shall be USI..'ti
and no building shall hereafter
l:.e erl..'Cted or structurally al-
~~I eo except for one or more
of Ul(: Collowing uses:
1. One family dwellings and
their accessory buildings.
2. Public parks. playgrounds,
and 'golf courses.
J. Churches, Libraries. mus~.
ums, schools. memorial build-
ing. including name plates and
bulletin boards placed in back
of the prescribed setback line.
4. Temporary signs. not more
than four feet square in area.
pertaining to the lease or sale
of the premises on which the
same are located.
5. Fanns or truck gardens
but no retail stand for the
display or sale of agricultural
products or any other com-
mercial structure shall be 10.
cated thereon without a spe-
cial use permit.
6, The following uses-but
only upon securing a special
use permit as provided in
SECTION 7.
(a) Hospitals, clinics and
other buildings used tor the
treatment of human ail-
ments.
(b) Philanthropic and chari-
table institutions.
(c) Private clubs and club
houses.
(<:I) Home occupations.
(e) Plant nurseries or green
houses.
(f) Two family dwellings
aod the accessory buildings.
(g) Apartments, flats, mul-
tiple dwelling. and cammu-
c:;mmunity unit projects,"
SECTION 2. That SECTION
4 of Ordinance No. 8 be further
;>mended hy the addition to said
<pction of the following subdi.
\.'isions:
.
"Sf IIUlIVISION 7. IU';C;II!.,\. sUII'it'S in IwilUlL sl1.,1I :il1.
TII)I'I:; AI'I'I.ICAIll.I'; 'J'() 1..\1\.1'; ...11'" I....m "u y...... 1""'3 n:
SIlOlll';I.INI'; I'ltCWI.;tt'ry IN 'lllln:u III UII:> :Wt1lSC.'CLWIl .m
TIll'; IU'::~II1I':''\fJ'tAI. IJI:-iTItIC r. ,lIlclatl'''iOlI .1J:;1;lIK:t: 111 'Nil: \l)
(a) Iluathllllst'S. ,llIt.l{... alii ....... lur '",,''t'Y "Ie (I) lelllt.
wh.. l"i:i , wl...ll..." 1...,.IIM....lIl ." u.... '.,"' ","klel"; ..l\t:.....'t15 Ill\:
n"alill~ :ill'uctun::i, al'c hCI"e' lJl.'t~IL III Ullrty (JU) Il:t.:t.
hy tlcdm'l..'fl tu he a(,:c~"ry \1:) U,-,U.JJINV ANU $lT~
IltIiJdiu/.:." anti sll:1l1 "ilL I". IIJ'A./ulltl';:,1l1';I'I'I'S. lltc mlna~
huilt, t~..l tll' ucl:U[lil.t! witlulI 11111111 (hit'" ;m:.. n...."lIl':n1t:llL~
thc H.esidential Disll'i'.:t unul IUI' sudl u\YclJmg:s, mc:JSun.....1
the [Jrillcip<ll elwclltllg Ll) ClllI' 1.11 UIC Cl.'fll.crIUlC of Inl.crlllC'
stl"Ucll..'ti 011 said lot 01" ulllil !Jaruuun walb and to the m-
a Spl..'t.:lal use pel'mlL to INIlII. Slllc filt."e ul CXLCnOr wal1l>.
u:>c. and occupy the said boaL' shall be:
hou:>e. dock. or wharf is [U":>L 1. ~[1C1cnt."Y or dO bedroom
obtained [rom the Village typt: apartment. lour hun-
CounciL ured fitty (.co) square feet
(b) The number of boat.. of 11001' area.
hou:>cs. docks. and wharfs in z.. One bedroom unit, five
the Residential District shall hundred fitly (550) square
bc limited to one per eacil leet of Oool" area.
family residence, and th~ J. 'fwo bedroom unit, sevetl
same shall be operated and lwmJred twcnt.y (72D) square
maintained solely for the lISt: leer. of Uoor area..
of the person to whom a spe- i. Apartments having more
cial use permit has been is- than two bedrooms shall
sued, and not for the bencIit have at least one hundred
uf others as a commercial twenty.[ive (125) s q II a r: e
l..'lltcrprisc 01" [or a service teet additional floor area for:
Ct.'\:: 01" charge. each addition31 bedroom.
(c) No boat or other floating (d) LOT AREA. REQUIRE-
stl"Ucture tied or connected to ~'\fl'S. The basic minimum
a dock. wharf or dock facility lot area shaUbe tweny thou-
in Utc Itcsidcnti&11 District somd (ZIJ.!lOO) sqwt'C feet,.. with
shall be used as a permanent, minimum lot area pet"' dwell-
temporary. or seasonal rest- ing units as follows:
dcnce. 1. Efficiency or no bedroom:
(el) No dock facility, per- unit, one thousand eight: l1un.-
manent or floating structure tired (1.800) square feet..
shall be constructed or locat- 2. One bedroom unit, two
eel within three (3) feet of thousand four hundred (Zo-
thc side lot line projected to 400) square feet.
the primary harbor limits, as 3. Two bedroom unit,. three
defined in Ordinance No. 12. thousand (3.000) square feet.
without first obtaining from (e) Y A R 0 R E Q cr I It E-
the Village Council a Special M&'\fl'S.. The trtinitnum yard
Use Permit as provided by dimensions shall be as fol.-
Section 7:' lows:
"SUBDNISION 8. &EGO- L Front yard. thirty-five
LATIONS AND R E Q 0 IRE- (35) square feet.
MEN T S FOR HOSPITALS, 2. Side yard, fifteen (15)
NU.R::ilNG HOMES, A PAR T- feet minimum, with an ad-
MENTS. FLATS. MULTIPLE ditional one (1) foot of side
DWELWNGS AND COMMUNI.. yard for eacb one (1) foot
TY UNIT PROJECTS. A Spe- of building beight over thir.
cial Use Permit for the use of ty (30) feet for buildings
land in the residential district exceeding three stories in
for construction and occupancy beight.
of apal"tments. flats and multi- 3, Rear yard shedl be of a
pie dwellings. including Com- depth n<it less lhan twenty
munity unit projects. shall be (20) percent of the total
issued by the Village Council depth of the lot.
only after compliance with the (f) MINIMUM LOT, WIDTH
followin~ standards: AND DEPTH REGULATION.
(a) SEWER SYSTEMS. The Minimum lot ~i!llf"!lojons shall
unit shall be served by a mu- be as follo~'t:
nicipal sewer system and a 1. Mininllun depth shall be
municipal or community wa- one hundred forty (140)
tl'r system approved by the feet.
ViJI:1~p. Council. 2. xfinimum width shall be
(h) HEr G H T REGOLA . one hundred thirty (130)
TIONS. Such buildings shall feet at the building setback.
not exceed four (-I) stones 01" line.
forty.fivl'! (45) feet in hei~ht. (l(l OFF STREET PARKING
nrm'iclC'a further that anv flEGtJLATIONS. Off street
htliJdin~ exceeding three (3) parking :md loading regula-
t-~~b:+ E,
.
tions shall be as folows:
1. Ul1-SU"CCL panang spa<.-c:;
snail lie PIVVWI.'I.t Ul a loa-
UU VI 0110: al1U Lwv-tcnUIli
\.L.':) spaces per l1Well1ng
UOlt.
~. e..acn space sba11 contaU1
a ll11111D1WI1 area at not le:;:;
uum three IWnctted (JUu)
squaco: leet.. mclUdmg al:-
cess C1nVes. a w1dlh of nut
leiS tnan aght and one-baU
tll~} teet, and a depth 01
nUL less r.nan LWt!Dty (211)
feet. . .....l
J. J::acn space sba11 be ade-
quat.e1y served lJy access
arives.
'to eacn loadiug space snall
CDntaln a mlmmum area of
not less tban five hundred
t:SuU) square feet.
J. Off-street parting shall
not be located witbia the
front and side yard areas.
Ii. t'arking and 10 ad i n g
space sba11 have proper ac-
cess from public right-of.
way.
'i. The number and width
of access drives shall be so
located as to mini1nnP trai-
lice congestion and abnorm-
al traffic hazard.
lI. Parking areas and access
drives shall be covered with
a dust-free all weather sur'i
lac7 with proper surface .
drainage. .
~. Lighting shall be reflect- j
ed away from pubti:: right.
of-way and nearby or adja-
cent residence districts.
to. Off-street parking facili-
ues shall be located within
tnree bundred (300) feet of
the dwelling units which
they serve.
11. Off.street parking areas
lor six (6) or more vehicles.
when in open view of the
public right-of-way or ad-
Jacent to residential devel0p-
ment, sball be screened by
appropriate fence or buffer
planting. Plans for such
screens shall be submitted
to the Village Council for
approval.
(h) COMMUNITY UNIT
PROJECTS. Such projects.
includiug group housing, insti-
tutional. hospital and nursing
home projects. shan be de-
veloped in accordauce with an
overall design and an inte-
grated development plan to be
co.:::i:itent with the intent and
purposes of this ordinance and
not adversely affect the pro-
perty adjacent to the land
Included in the project. Regu-
lations for community unit
projects shall confonn to the
following:
1. The project shall conform
;-rith all, of the density,
1e!g.~t. ana sewer and water
~~uirements of :his succi-
.
vision.
Z. MUlimum arc:) of I.;lI1d tlJ
IJc ulcluUt.-d. wtthin a l.'Ul\1-
munJl.y unit sball be at. leas!.
five (5) acres..
3. 1""1" bolipiI.aJ. nursing and
CllI1VaiesceDse bumes a mim-
mum of three hundred (:100)
square feet of lot area shaH
be provided for each patient.
4. Private roadways within
the project shall be install-
ed to Village specificWons
for public roadways.
S. The following administra-
tive procedures shall be foL-
lowed:
(a. A genes-al development.
plan. along with an appli-
cation for a special use
permit shall be submitted
to and for the approval
of the Village Planning
~ and Village
Council The general de-
velopment plan shan be
drawn to scale with t0po-
graphy at a contour inter-
val not greater than two
(2) feet. The plan shan
show the proposed site and
e:cistiDg deYelopments 00
adjacent properties. pr0-
posed size. location. and
arrangement of parking
areas and stan arrange-
ment. entrance and ~t
drives. landscaping. m-
mensions. and proposed
sewer' and water sys-
tems. ..
SECTION 3. THAT SEcrION
7. . SUBDIVISION 1. item e. of
Ordiuance No. 8 be amended to
read as follows:
"e. To permit the location of
any of the following uses in
a district from which they are
excluded by the provisions of
this ordiuance without first ob-
taining a special use permit:
motels. tourist camps. trailer
parks. hospitals. clinics and
other buildiugs Cor treatment
of human ailments. undertak.
ing establishments. piu1an-
thropic and charitable insti-
tutions. private clubs and club
houses. horn e occupations.
plant nurseries or greenhous-
es. Uamily dwellings and
the i r accessory buildings,
apartments. flats. multiple
dwellings. and community
unit projects. and uses c:om-
monly designated as light in-
dustrial....
SECITON 4. EFFECTIVE
DATE. This ordinance shall
take pffect from and after il<;
paSS3l!e ;md rrublication_
PASSED this Uth day of
JllnuClry. 1965.
LESI'ER R. BADGER.
Mayor
A T1'ES'r:
EL.<iA L WTLTSEY. Clerk
(P'lhlio;nm in The Minnetonb
rtccnrd .Januar"?" 2!~ 1~"1
.
.
_if&. 0 [,-J\ c_L 3<.~ r:.~.1 jJ"
~(j a- "J, i-... --' 1\.,._
/ -..- MAYOR
r;obert Sean
~~~~fJERTY FilE
CITY OF
SHOREWOOD
COUNCIL
Kristi Slover
3ruca 8enson
Jennifer McCany
Doug Malam
5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 0 (612)474-3236
11 July 1995
Re: Ciry of Shorewood Dock Regulations
To Whom It May Concern:
The Ciry of Shorewood does not issue permits for residential docks, however, it has
adopted. by reference, the Lake Nfinnewnka Conservation District regulations. The City
Code does place certain other restrictions on docks and similar strUctures. Docks are
considered to be accessory strUctures and as such are only allowed on properties where a
principal use exists. In a residential zoning district, the principal use of the property would
be a residence or house. Every occupied lakeshore lot is allowed one (1) dock for the sole
use of the property's occupants.
Docks existing on lakeshore land which is unbuildable due to its size. shape or other
circumstances are nonconforming strucrures. These docks may be legal or illegal
nonconforming structures depending on their "grandfathered" status which would relate to
the age of their existence and regulations existing at that time. Legal nonconforming
strUctures may remain in their original size, shape and location, but are not allowed to be
increased in size or use.
The Ciry has the right to cause the removal of illegal nonconfonning structures when
presented with information which would sufficiendy substantiate the age of a particular
strUcture, thus providing evidence as to its "grandfachered" statuS.
Attached please a copy of Section 1201.03 Subd. 14 of the Ciry Code (Regulations
Applicable to Shoreline Property) for your review. .
If you have any questions relative to this matter, you should call the Planning Department at
474-3236. -
Sincerely,
CITY OF SHOREWOOD
,G/-\.(J{;-y 7- 71I-i-Ll.:-i'~/fg,-
Bradley J _ Nielsen
Planning Director
BJN:oh
~"./h. b4+ f
~. l "
_ ~.~sice~r/ai C.;mmuntr'/Jr: _:1.1(2 :vlin,,,,;p::"';nK,,?'; Sct..:~.; .5hCt'~
.
.
LHDL, LTD.
6-07-1996 13:46
PAGE 2/2
RightFAX
MEMORANDUM
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Attornevs at Law
1500 Norwest Financial Center
7900 Xerxes Avenue South.
Bl . on, Minnesota 55431
~one: (6U) 835-3800
FAX: (612) 896-3333
TO:
FROM:
Brad Nielsen, Planning Director
Tim Keane
DATE:
June 7, 1996
RE:
Vemon Faaberg - Lot 1, Block 3 Enchanted Gardens
This memorandum is in response to your inquiry relating to the relationship between a protective
covenant and zoning ordinance that are in conflict.
A covenant in real estate is an agreement, convention, or promise of two or more parties, by deed
in writing, signed, sealed and delivered, by which either of the parties pledges to the other that
something is either done or shall be done. Ordinances have the force and effect of law.
Where the provisions ofa private covenant are in conflict with those ofa city ordinance, the
provisions of the city ordinance will supersede and control the question.
Should you have any questions relating to the foregoing, please contact me at 896-3203.
0216373.01
7,8,
.. ..
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236
:MEMORANDUM
TO: Mayor and City Council
Jim Hunn
FROM:
Larry Brown ~ry
July 7, 1996 '/
.
DATE:
RE:
Eureka Road Watennain Improvements
Smithtown Road ("South Link")
City Project 95-14
City Project 95-15
Plans and specifications for the installation ofwatennain and appurtenances have been prepared by OSM
Associates, Inc. for Eureka Road from Smithtown Road to Birch Bluff Road, and along Smithtown Road
from Boulder Bridge Drive to the City of Victoria Border. For reference, staff named this portion of
Smithtown Road the "South Link" project for ease of reference since there are three projects currently
under way along Smithtown Road.
It was decided that the Eureka Road project and the south link project would be let as one contract since__
they both involve installation ofwatennain only.
. Eureka Road
Plans propose the construction of an 8 inch watennain along the west side of Eureka Road from
Smithtown Road to Birch Bluff Road. In the areas of the wetland, it is proposed that polyethylene pipe
with directional boring be used for approximately 535 feet. This should minimize disturbance to the area
while keeping the project on schedule.
Construction costs are estimated at $ 215,435 considering a 10 percent contingency. The approved
feasibility report also recommended a seal coat in the fall following construction. This will be bid out
after construction has been completed, or done as part of the City's up and coming seal coat projects.
Total construction costs approved as part of the feasibility study is $ 244,660.35. It is estimated the a
seal coat will cost approximately $13,800 which is within the budgeted amount in the feasibility report.
#'6
A Residential Community on Lake Minnetonka's South Shore
....' "" ~
Eureka Road & South Link
June 7, 1996
Page 2 of2
Smith town Road-South Link
This portion of the project involves construction 1200 feet of 12 inch watennain along the west side of
Smithtown Road from Boulder Bridge Drive to the Victoria border, and a metering station just prior to
the connection to the Victoria water system. A portion of the pavement along Smithtown Road will be
disturbed. It is anticipated that one lane of traffic will be open during peak periods of construction. .
A metering station has also been included as part of this plans. A cabinet on the roadside will be provided
such that readings can be obtained on a quarterly basis for the City of Victoria. Munitech will be .
responsible for reading the meter as described.
Construction costs are estimated at $130,425 as compared to the feasibility cost estimate of
$ 126,650 which is within a reasonable range of financial feasibility.
.
.-
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND
ESTIMATES AND AUTHORIZING ADVERTISEMENT FOR BIDS ON
CITY PROJECT 95-14 EUREKA ROAD W A TERMAIN IMPROVEMENTS
AND
CITY PROJECT 95-15 SMITHTOWN ROAD (SOUTHERN LINK)
WATERMAIN IMPROVEMENTS
.
WHEREAS, pursuant to Resolutions 96-42 and 96-43 adopted by the City
Council May 13, 1996, Plans, Specifications and Estimates for the design phase of City
- Project 95-14 and City Project 95-15 were prepared.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota:
1. Plans, Specifications and Estimates prepared by Orr-Schelen-Mayeron &
Associates, engineer for such improvement pursuant to Council Resolution
96-42 and 96-43. Said plans, specifications and estimates are hereby
approved and shall be filed with the City Oerk.
2. The City Clerk shall prepare and cause to be inserted in the official paper
and in Construction Bulletin an advertisement for bids upon the making of
such improvement under such approved plans and specifications. The
advertisement shall be published for 2 weeks, shall specify the work to be
done, shall state that bids will be opened and considered by the Council at
11:00 a.m. on July 3, 1996, in the City Hall Council Chambers, and that no
bids will be considered unless sealed and filed with the Oerk and
accompanied by a cash deposit, cashier's check, bid bond, or certified
check payable to the Clerk for 5 percent of the amount of each bid.
.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 10th day of June, 1996.
ROBERT B. BEAN, MAYOR
ATTEST:
JAMES C. HURM, CITY ADMINISTRATOR
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
TO: Mayor and City Council
. Jim Hurm
FROM:
Larry Brown
j)P--
.
DATE:
July 7, 1996
RE:
Smithtown Road Watermain Project from Country Club Road to Eureka Road south.
City Project 95-16
On March 11, 1996 the City Council approved the feasibility report and ordered preparation of plans
specifications and construction estimate for the extension ofwatermain and roadway reconstruction of
Smithtown Road form Country Club Road to Eureka Road north.
On May 28, 1996, I reported to the City Council that it was staff s recommendation that the plans and
specifications be modified to include only the construction of watermain, without the reconstruction of
the roadway. This is due to the questions being raised with regard to rights of ways and the ability for
the City of Shorewood to utilize the entire 66 foot right of way indicated on the half section maps. It
was recommended that the watermain be installed while staff continues to address the right of way issues.
.
Plans and specifications have been modified as described. A 16 inch diameter watermain is proposed to
be extended along the project length under the existing pavement. Normally, water services would be
extended out to the right of way line. In areas where residents contest the 66 foot right of way, water
services would be extended out to the edge of pavement. At such time as the resident extends service
from their house, they will be responsible for all costs incurred to repair or patch the roadway associated
with the connection of their service.
Estimated construction costs for the watermain projects are S 350,915. The feasibility report listed a
watermain construction cost ofS 288,300. The additional construction costs estimated here are due to
the patch and repair necessary by not reconstructing the roadway at this time.
A resolution is included for your consideration.
A Residential Community on Lake Minnetonka's South Shore
Hj
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND
ESTIMA TES AND AUTHORIZING ADVERTISEMENT FOR BIDS ON
CITY PROJECT 95-16
SMITHTOWN ROAD IMPROVEMENTS
WHEREAS, pursuant to Resolution 96-44 adopted by the City Council May 13,
1996, Plans, Specifications and Estimates for the design phase of City Project 95-16 were
prepared.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota:
.
1. Plans, Specifications and Estimates prepared by Orr-Schelen-Mayeron &
Associates, engineer for such improvement pursuant to Council Resolution
96-44. Said plans, specifications and estimates are hereby approved and
shall be fIled with the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the official paper
and in Construction Bulletin an advertisement for bids upon the making of
such improvement under such approved plans and specifications. The
advertisement shall be published for 2 weeks, shall specify the work to be
done, shall state that bids will be opened and considered by the Council at
10:30 a.m. on July 3, 1996, in the City Hall Council Chambers, and that no
bids will be considered unless sealed and fIled with the Clerk and
accompanied by a cash deposit, cashier's check, bid bond, or certified
check payable to the Clerk for 5 percent of the amount of each bid.
.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 10th day of June, 1996.
ROBERT B. BEAN, MAYOR
ATTEST:
JAMES C. HURM, CITY ADMINISTRATOR
4F9
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
TO:
Mayor and City Council
Jim Hurm
Larry Brown ~
July 7, 1996
FROM:
. DATE:
RE:
Street Reconstruction and Watennain for Strawberry Lane between Smithtown Road to
West 162nd Street.
City Project 95-16
On March 12, 1996 the City Council approved the feasibility report and ordered preparation of plans
specifications and construction estimate for the extension of watermain and roadway reconstruction of
Strawberry Lane.
.
Plans and specifications have been prepared using a 24 foot bituminous roadway with B612 concrete
curb and gutter. A 12 inch diameter watennain is also proposed from Smithtown Road to the existing
watermain at the intersection of Shorewood Oaks Drive. The plans also propose the use of the existing
ponds at the intersection of Peach Circle and Smithtown Road. Modifications to the pond outlet will be
required as part of this project. This easement area is across the J.D. Ridding property. The diameter of
the pond outlet will be increased from an 18 inch diameter pipe to a 24 inch diameter pipe. The City
currently owns a drainage and utility easement along this area.
I have talked to Mr. Ridding and sent a letter of response to questions as to why the City was surveying
this area. Mr. Ridding is still concerned as to potential impacts as the pipe is constructed through this
area. Staffwill continue to meet with Mr. Bidding to address his concerns. Undoubtedly, Mr. Ridding
desires to do away with the construction and have zero impact to the property. Reconstruciton of this
storm sewer line is necessary to utilize the existing ponds. Failure to increase this outlet would require
acquisition of property to construct an additional pond or additions on to the existing ponds.
Estimated construction costs for the watermain projects are $ 495,353. The feasibility report listed a
construction cost of$ 512,951.32 (24 foot width subtracting out trail costs listed in the feasibility report).
This is within the estimated construction amount encumbered.
A resolution is included for your consideration.
A Residential Community on Lake Minnetonka's South Shore
=if / ()
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND
ESTIMATES AND AUTHORIZING ADVERTISEMENT FOR BIDS ON
CITY PROJECT 95-17
STRA WBERRY LANE IMPROVEMENTS
WHEREAS, pursuant to Resolution 96-45 adopted by the City Council May 13,
1996, Plans, Specifications and Estimates for the design phase of City Project 95-17 were
prepared.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota:
1. Plans, Specifications and Estimates prepared by Orr-Schelen-Mayeron &
Associates, engineer for such improvement pursuant to Council Resolution
96-45. Said plans, specifications and estimates are hereby approved and
shall be filed with the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the official paper
and in Construction Bulletin an advertisement for bids upon the making of
such improvement under such approved plans and specifications. The
advertisement shall be published for 2 weeks, shall specify the work to be
done, shall state that bids will be opened and considered by the Council at
10:00 a.m. on July 3, 1996, in the City Hall Council Chambers, and that no
bids will be considered unless sealed and filed with the Clerk and
accompanied by a cash deposit, cashier's check, bid bond, or certified
check payable to the Clerk for 5 percent of the amount of each bid.
.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 10th day of June, 1996.
.
ROBERT B. BEAN, MAYOR
ATTEST:
JAMES C. HURM, CITY ADMINISTRATOR
#/0
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE RELATING TO THE PARKING OF MOTOR VEHICLES
IN PARKS OR ON PUBLIC GROUNDS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS AS FOLLOWS:
.
Section 1. Section 801.06 of the Shorewood Code of Ordinances is hearby amended to
read as follows:
Section 801.06. Operation and Parking of Vehicles in Parks or on Public Grounds:
Subd. 1. Operation of Vehicles in Parks or Public Grounds. Except police
officers or duly authorized and uniformed snow patrol personnel
in the performances of their duties, no person should stop, stand,
or park a vehicle or operate any vehicle, or ride and bicycle or
horse, except in compliance with the directions of a police officer
on any park property or other public grounds within the limits of
the City, except when such areas are designated for any of such
uses and signs prohibiting any of such uses on any park property
or public grounds shall be complied with.! COrd. 246, 10-28-91)
Subd. 2. Parking of vehicles in parks or on public grounds: No person
shall park a motor vehicle in parks or on public grounds except in
designated parking areas and where parking areas provide for
striped parking stalls no person shall park more than one (1)
motor vehicle per designated parking stall.
Section 2. This Ordinance shall be in full force and effect from and after its passage and
publication.
. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA this 10 day of June, 1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator
1 See also Chapter 902 of this Code.
~ ,\
r~" --'
.
CKNO
18544
18545
18546
18547
18548
18549
18550
18551
18552
18553
18554
18555
18556
18557
18558
18559
18560
18561
18562
18563
18564
18565
18566
18567
18568
18569
18570
18571
18572
18573
18574
18575
18576
18577
18578
18579
18580
18581
18582
18583
18584
.
CHECK APPROVAL LISTING FOR JUNE 10, 1996 COUNCIL MEETING
CHECKS ISSUED SINCE MAY 23, 1996
TO WHOM ISSUED Pl..JRR:SE
RAINBOW SNOWMOBILE TASK FORCE
FIRST STATE BANK FED/FICA TAXES
PERA PEPA
ICMA RETIREMENT TRUST 457 DEFERREDCOI'v1P
CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS
CHILD SUPPORT ENFORCEMENT CHILD SUPPORT -C. DAVIS
ANOKA CTY SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID
MN DEPARTMENT OF REVENUE STATE TAX
CONNIE BASTYR MILEAGE
KATHLEEN HEBERT SEC 125 REIMB/MILEAGE
HENNEPIN COUNTY TREASURER APRIL PRISONER EXPENSE
HENNEPIN COUNTY TREASURER 1996 HAZARDOUS WASTE
AT&T WIRELESS SERVICES AIR TIME
BRADLEY NIELSEN SEC 125 REIMB
JOSEPH PAZANDAK MILEAGE/FILM DEV
RESEARCH QUIK SNOWMOBILE TASK FORCE
US WEST COMMUNICATION/ADVERTISING
BELLBOY CORPORATION L1QUOfWEER
BELLBOY BAR SUPPLY MISc/sUPPLlES
GRIGGS, COOPER & COMPANY L1QUORIWINE
JOHNSON BRCS LIQUOR CO L1QUORtWINE/BEER
LAKE REGION VENDING MISC
PAUSTIS & SONS WINE
PHILLIPS WINE & SPIRITS L1QUORtWINE/BEER
QUALITY WINE & SPIRITS L1QUORIWINE
D'VINCI'S SNOWMOBILE TASK FORCE
US POSTMASTER NEWLETTER POSTAGE
PERA JUNE PERA LIFE INSURANCE
MEDICA JUNE HEALTH INSURANCE
HEALTH PARTNERS JUNE HEALTH INSURANCE
GROUP HEAL TH,INC. JUNE HEALTH INSURANCE
LEAGUE OF MN CmES JUNE DENTAL INSURANCE
MINNESOTA MUTUAL LIFE JUNE SHORT TERM DISABILITY
COMMERCIAL LIFE INS CO JUNE LIFE INSURANCE
AFSCME COUNCIL 14 JUNE DELTA DENTAL
MADISON MARQUEITE JUNE RENT-L1Q I
CITY OF TONKA BAY JUNE RENT- TONKA BAY L1Q
RYAN PROPERTIES, INC. JUNE RENT-L1Q II
THERESA NAAB MILEAGE/SEC 125 REIMB.
NORTHERN STATES POWER UTILITIES
PEPSI COLA COMPANY MISC
AMOUNT
$25.00
7,344.70
2,235.86
1,146.30
842.00
98.50
139.44
1,230.00
7.20
225.00
1 , 1 58.00
70.50
94.26
100.00
78.98
890.05
1,279.76
1,342.92
256.58
6,257.19
2,541. 1 3
747.67
125.27
2,512.95
1,883.48
31.50
504.79
45.00
4,153.88
1,706.09
1,492.28
513.70
85.50
81.20
224.00
5,793.51
1,000.00
2,576.88
375.38
2,274.25
36.80
Page 1
\e;
.--- ..
.
.
CKNO
18585
18586
18587
18588
18589
18590
18591
18592
18593
18594
18595
18596
18597
CHECK APPROVAL LISTING FOR JUNE 10, 1996 COUNCIL MEETING
CHECKS ISSUED SINCE MAY 23, 1996
TO WHOM ISSUED
US WEST
WMI SVCS OF MN
BELLBOY CORPORATION
BELLBOY BAR SUPPLY
GRIGGS, COOPER & COMPANY
HONEYWELL PROTECTION SVC
JOHNSON BROS. UQUOR
LAKE REGION VENDING
LAKESHORE WEEKLY NEWS
MARLIN'S TRUCKING
PAUSTIS & SONS
PHIWPS WINE & SPIRITS
QUALITY WINE & SPIRITS
Pl.JRFOSE
COMMUNICATION
JUNE WASTE REMOVAL
LIQUOR
MISClSUPPLlES
L1QUORIWINElMISC
QTRL Y MONITORING (6-8/96)
L1QUORIWINE/BEER
MISC
ADVERTISING
FR8GHT
WINE/BEER
L1QUORIWINE
L1QUORIWINE
TOTAL CHECKS ISSUED
Page 2
AMOUNT
$161.33
247.00
922.75
54.70
4,308.10
79.88
1,782.83
523.20
472.50
36.80
396.35
3,621.54
935.03
.. ..
CITY OF SHORE WOOD
CHECK APPROVAL LIST FOR
JUNE 10, 1996 COUNCIL MTG
CHECKIt
VENDOR NAME DESCRIPTION
------------------------- ------------------------
18598 AT&T WIRELESS SERVICES
PPIGER
18599 AVNET COMPUTER
TAPE DRIVE
18600 8IFFS, INC.
PORTABALE TOILET RENTAL
18601 CHAMPION AUTO STORE 1t344
SPARK PLUGS
18602 DAVE PERKINS CONTRACTING
PV ~5-95 WATER PROJECT
l8603 HARDRIVES, INC.
PV ~2-CITY HALL PL
l8604 E-Z RECYCLING INC.
MAY RECYCLING
.605 FH.!A FLEET FUELING
FUEL
18606 FOX VALLEY SYSTEMS, INC UTILITY LOCATE AIDS
UTILITY LOCATE AIDS
*** TOTAL FOR FOX VALLEY SYSTEMS,
l8607 INSTY-PRINTS
NEWSLETTER PRINTING
l8608 KAR PRODUCTS
SHOP SUPPLIES
l8609 LAKE RESTORATION, INC.
MILFOIL INSPECTION
18610 LARKIN, HOFFMAN, DALY...
APRIL LEGAL
APRIL LEGAL
APRIL LEGAL
APRIL LEGAL
APRIL LEGAL
FOR LARKIN,
HOFFMf~N, DAL
.
*** TOTAL
l861l LOCATOR & MONITOR SALES LOCATOR REPAIR
LOCATOR REPAIR
*** TOTAL FOR LOCATOR & MONITOR SA
l86l2 MIDWEST ASPHALT CORP.
ROAD REPAIRS
l8613 OFFICE DEPOT
OFFICE SUPPLIES
l8614 MINNEGASCO
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
FOR MINNEGf~SCO
*** TOTAL
18615 MTKA COMUNITY
SEPVICI::S
APPP BPKFST-HUPMjBENSON
Page 3
DEPT.
AMOUNT
9.58
MUN 8LDG
829.61.
PARKS &
651.34
PUB 'piKS
5.50
88,336.84
15,035.02
RECYCLIN
4,255.00
CITY GAR
445.83
WATER DE 127.80
SEWER DE 127.81
255.61
COUNCIL
1,071.70
CITY GAR
18.20
COUNCIL
767.00
PROF SER 1,450.60
-------- 234""00
PROJECTS 54.00
-------- 232.00
-------- 540"00
2,5.10.60
WATER DE 152.88
SEWER DE 152.87
305.75
STREETS
545.55
GEN GOVT
73.02
'MATER DE
WATER DE
103.19
131.21
51.55
60.68
253,.38
ItJA TER DE
CITY GAR
P(.~RKS &
r1UN SLOG
.13..28
68.27
q QC'
.," .. o,~j
53.97
745.41
7.00
..; ,4
CITY OF SHOREWOOD
CHECK APPROVAL LIST FOR
JUNE 10, 1996 COUNCIL MTG
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
------~- ------------------------- ------------------------ -------- -----------
18616 NAVARRE TRUE VALUE
UTILITY LOCATIONS
18617 ORR,SCHELEN,MAYERON/ASSOC MARCH-APRIL ENGINEERING
MARCH-APRIL ENGINEERING
MARCH-APRIL ENGINEERING
MARCH-APRIL ENGINEERING
*** TOTAL FOR ORR,SCHELEN,MAYERON/
18618 POTTS, KENNETH N.
MAY PROSECUTIONS
18619 PRECISION COMPUTER SYSTEM BUDGETARY UPDATE
~1620 SHORE WOOD TREE SERVICE
~621 SHORE WOOD TRUE VALUE
STORM DAMAGE-TREE LIMB
CABLE CLAMPS
18622 STROMBERG, VICKI
CITY GAR
20.84
WATER DE 2,209.50
-------- 497M50
-------- 2,412"50
PROJECTS 4,098.00
9,217.50
PROF SER
1,508.33
F I Nf1NCE
42.1.:;'
TI~EE MA I
79.88
PARKS &
4.03
NEWSLETTER DESIGN/LAYOUT COUNCIL
110.00
18623 SUBURBAN TIRE CO., INC. TIRE REPAIR
18624 SUPERAMERICA FUEL
18625 TEMPORARIES-TO-GOTEMP RECEPTIONIST
18626 TIME SAVER OFF SITE SEC MINUTES
MINUTES
*** TOTAL FOR TIME SAVER OFF SITE
18627 TOLL GAS & WELDING
~628 UNITOG RENTAL SERVICES
WELDING SUPPLIES
Ui'HFORMS
18629 ZEP MANUFACTURING
SHOP SUPPLIES
18630 MN SUN PUBLICATIONS
LEGAL ADS
*** TOTAL CHECKS FOR APPROVAL
*** TOTAL CHECK APPROVAL LIST
Pa2:e 4
PUB tAlKS
80.96
CITY GAR
263.94
GEN GOVT
92.00
PLANNING 114.00
GEN GOVT 169.00
283.00
CITY GAR
48.11
CITY GAR
380.36
CITY GAR
47.93
GEN GOVT
32.70
128,080.29
195.149.80
.... ,"
C H E C K REG I S T E R
CHECK CHECK El1PLOYEE NAME CHECK CHECK
TYPE DATE NUMBER NUMBER AMOUNT
COM 5 28 96 101 SCOTT M. BARTLETT 210619 143.25
COM 5 28 96 110 CONNIE D. BASTYR 210620 262.38
COM 5 28 96 115 LAWRENCE A. BROWN 210621 1327.86
COM 5 28 96 120 ROBERT B. BEAN 210622 230.87
COM 5 28 96 125 BRUCE E. BENSON 210623 184.70
COM 5 28 96 230 CHRISTOPHER M. CAREY 210624 470.92
COM 5 28 96 325 ANGELA H. COLE 210625 107.32
COM 5 .28 96 375 JODI A. DALLMAN 210626 68.11
COM 5 28 96 500 CHARLES S. DAVIS 210627 640.90
COM 5 28 96 775 JAMES C. EAKINS 210628 676.36
COM 5 28 96 870 KELLY P. FLANAGAN 210629 293.27
COM 5 28 96 1105 KERI ANNE GRAF 210630 95.24
COM .5 28 96 1160 STEPHANIE A. HABER 210631 75.88
COM 5 28 96 1190 KATHLEEN A. HEBERT 210632 667.97
COM 5 28 96 1400 PATRICIA R. HELGESEN 210633 570.20
. COM 5 28 96 1415 SHAWN D. HEMPEL 210634 118.44
COM 5 28 96 1550 JAMES C. HURM 210635 1692.04
COM 5 28 96 1575 GLENN E. ILLIG 210636 279.89
COM 5 28 96 1601 BRIAN D. JAKEL 210637 98.18
COM 5 28 96 1700 JEFFREY A. JENSEN 210638 856.46
COM 5 28 96 1800 DENNIS D. JOHNSON 210639 818.28
COM 5 28.96 1950 MARTIN L. JONES 210640 73.50
COM 5 28 96 2100 WILLIAM F. JOSEPHSON 210641 632.56
COM 5 28 96 2500 SUSAN H. LATTERNER 210642 603.93
COM 5 28 96 2800 JOSEPH P. LUGOWSKI 210643 990.24
COM 5 28 96 2810 KARENA H. LUNDBY 210644 53.39
COM 5 28 96 2900 RUSSELL R. HARRON 210645 29.32
COM 5 28 96 2930 JENNIFER T. HCCARTY 210646 18.2.28.
COM 5 28 96 3000 THERESA L. NAAB 210647 687.96
COM 5 28 96 3100 LAWRENCE A. NICCUM 210648 917.21
COM 5 28 96 3400 BRADLEY J. NIELSEN '2.10649 848.43
. COM 5 28 96 3500 JOSEPH E. PAZANDAK 210650 1058.54
COM 5 28 96 3534 CHRISTOPHER E. PETERSON 210651 27.70
COM 5 28 96 3600 DANIEL J. RANDALL 210652 1025.82
COM 5 28 96 3615 TAMARA LYNN REED 210653 39.32
COM 5 28 96 3701 BRIAN H. ROERICK 210654 .143.15
COM 5 28 96 3800 ALAN J. ROLEK 210655 1153.26
COM 5 28 96 3900 CHRISTOPHER E. SCHMID 210656 417.36
COM 5 28 96 3910 R CONRAD SCHMID 210657 233.44
COM 5 28 96 4200 FRANK R. SHAW JR. 210658 .182.28
COM 5 28 96 4500 KRISTI STOVER 210659 184.70
COM 5 28 96 4575 REBECCA A. TARVIN 2.10660 470.96
COM 5 28 96 4600 BEVERLY J. VON FELDT 2.10661 432.60
COM 5 28 96 4750 RALPH A. WEHLE 210662 645.79
****rOTALS****
207.12.26
< .
JUN-07-1996 10:00
Rf:lMSEY Cll.JNTY FAM IL Y CT
612 266 2850 P.02/08
CITY OF SHOREWOOD
PLANNING COMMISSION ~1I!;J!;TJNG
TUESDAY, JUNE 4, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7;00 P.M. J~
MlNUI'ES
~~~*\
CALL TO ORDER
Chair Borkon called the meeting to order at 7:04 p.m.
ROLL CALL
Present:
Chair Bork.on. Commissioners Lizee. Rosenberger, Turgeon, and
Planning DirectOr Nielsen.
_Absent:
Cormnissioners Foust. Kolstad and Pisula;
Council Liaison Benson.
APPROVAL OF MINUTES
Rosenberger moved, Lizee seconded to approve the May 21, 1996 Planning Commission
meeting minutes as amended on Page 5, Paragraph Z, Line 4, change "place" to
"placed"; Page Z, Paragraph 6, Line Z, change "used" to "use"; Page 4, Paragraph 6,
Line 11, cbange "Spring't to "Sprint"; Page 6, Paragraph 3, Line 4, change "general
consensus" to "consensus"; Page 6, Paraaraph 3, Line 5, Commissioner Rosenberger
clarified the issue was with taking testimony versus debate. Motion passed 4/0.
1. PUBLIC HEARING - PRELIMINARY PLAT - LARSON ESTATES
AwIicant:
LocatiQn:
Carl Zinn, representing Stephen and Lucinda Larson
20435 Radisson Road
Chair Borkon announced the case and- reviewed the process for the public bearing procedure.
Planning Director Nielsen presented a detailed staff analysis of the matter. Mr. Carl Zinn
appeared with Stephen and Lucinda Larson. Mr. Zinn commended Planning Director
Nielsen for improving the Larson's proposed subdivision.
Chair Borkon opened the public bearing at 7:26 p.m.
Joe Joyce, 5550 Shore Road. inquired if outlots C and D would be included with the primary
resideDce. Nielsen confinued they would. Mr. Joyce also asked if the subdivided lots would
have the easement to use Lot 11. Mr. Zinn stated he had received legal input in which he
was informed the subdivided lots would have the same privileges as the original covenant
with regard to Lot 11. .
Nielsen explained the history surrounding Lot 11 and that some years ago, because the
JUN-07-1996 10:01
RAMSEY COUNTY FAM I L Y CT
612 266 28S0 P. 03/08
. .~
PLANNING COMMISSION MINUTES
JUNE 4, 1996 - PAGE 2
property was ~dard in size, it was the subject of a CUP in which all of the property
owners had aJiglrtto ~se Loc 11. Nielsen further explained the applicants had received legal
input in whi~ tliJY _c;,,t()ld the addjtionallots would have the same rights as the larger
parcel and these'ichts would-not be diminished by a subdivision.
;1- ..
..
Mr. Larson stated his und~diDg the covenant travels with each of the subdivided pieces
of property. Chair Borkon clarified the covenant applies only to bathing.
Sherry Maxwell, 20480 Raddison Road, inquired if the City would request an opinion with
regard to Lot 11 prior to the property being sold. Chair Borkon confirmed the Planning
Connnission would be requesting an opinion from the City Attorney.
Hearing no further testimony, Chair Borkon closed the public hearing at 7:34 p.m.
Rosenberger requested the issue of tnmsference be reviewed and commented on by the City
Attorney. He inquired of Nielsen if the creation of outlot B would cause more
gerrymandering of the lot lines. Nielsen stated that would be true to some degree, although
most of that occurs as a result of the City's requirement of the wetland dedication.
Chair Borkon asked Mr. Zinn if the property which is for sale on Carrie Lane would abut
outlot B. Mr. Zinn explained an outlot had been created in the Pearson subdivision which
does not reach Marvin Olson's property. Nielsen added that outlot B was set aside to
preserve the trees and the slope in tWit location as a part of the Peterson Division.
Commissioner Rosenberger commented he is not comfortable with outlot B and of most
concern would be the issue of hard cover. He inquired if a precedence had been set in which
property owners were allowed access to an outlot so as to avoid the issue of hard cover.
Nielsen advised it would be encouraged to acquire more land rather than exceed the 2S
percent bard cover.
Commissioner Turgeon noted Lot 3 is built up to rhe setback which would not allow any
room for a deck or patio. She cautioned the applicants they may wish to leave more room
for the benefit of future home owners for that purpose. It would be difficult 10 get a
variance at a later date because there is no hardship. Mr. Zinn stated that was good advice
and expressed his appreciation 10 Commissioner Turgeon.
Chair Borkon inquired if outlot C would be joined with. outlot D and become a part of the
existing Lot 2. Nielsen stated it currently is joined with outlot D. Separation occurs because
of the City's wetland dedication requirement. In addition, the right-of-way for Shore Road
cuts that lot in two. At the present time, it appears as one parcel with the Larson Estate
property. In the platting process, the same situation cannot be shown and appears as outlets
instead. Those parcels should not be -able to be sold separcltely, but should remain with the
existing homestead parcel. Chair Borkon inquired if that would cause Lot 2 to become a
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separated lot. Nielsen stated it does become separated by creation of the outlot which is
subject to the city's dedication requirement.
Chair Borkon inquired if the footprint on Lot 3 could be moved back. Nielsen stated the
diagram reflects a building pad, the logical location for a building, however, the house may
not take up all of the area and could also shift uphill. Within the building pad, the City
would expect that decks and patios would be accommodated.
Commissioner Rosenberger expressed concern over the issue with Lot 11. Nielsen stated it
would be reasonable the City would not want to create more property owners who would
have use of the lot. He further commented it t.hat was the City's concem. thai: the City
Attorney be consulted with resp~t to whether or not the City. as part of the plat. can restrict
_ that from happening.
Chair Borkon asked if the property would have to be a P.U.D. for the City to place a
condition on it. Nielsen advised the City can place reasonable restrictions on the property as
a part of the subdivision approval.
Mr. Larson addressed the Commission and related his distress over this issue and requested.
the Commission allow him an opportunity to speak with other property owners with current
covenants to see if it would be a problem to have two additional home owners use Lot II.
He stated it is very difficult having the City trying to negate a COVenanl: which has been on
the property for many years. Chair Borkon pointed out that at this point. the Commission
was simply asking for some information from the City Attorney in regards to what the City
may be able to do with regard to Lot 11. She stated her understanding it would be upsetting
for the Larsons as far as the potential value of the property if they have access to Christmas
Lake.
Commissioner Turgeon stated she will not feel comfonable until the Planning Commission
receives a legal opinion if the covenant is or is not transferrable with the subdivision and
what can and cannot be done as far as covenantS.
Mr. Larson expressed his concern that city government would inU1lde on his private property
and his private covenant which has nothing to do with the City. Commissioner Rosenberger
stated the Planning Commission is not taking issue with the applicants as to being right or
wrong, however, they would like to have additional information.
Chair Borkon clarified the issue is not a matter of one use, but of two additional uses. plus: a
potential for three more families to be using Lot 11. She expressed her understanding the
applicants want to utilize their propeI'o/ in the best way possible.
Chair Borkon inquired how much tree removal would be allowed within the buffer area.
Nielsen stated the buffer area was to be left in its natUral state. She further inquired about
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the setback. Nielsen explained the setback may be used as yard if it is graded for yard
purposes. It can be graded for yard purposes and it can also be sodded and no buildings can
occur on there. If trees are removed. they have to be replaced. The plans attempt to
minimize tree removal, however. in most cases there are trees which come out. As a result
of construction. anything remov~ would be replaced up to the eight trees per acre
requirement.
Turaeon moved, Rosenberger seconded recommending approval of a preliminary plat
based on staff and engineering reeonunendations, with an additional recommendation
that the applicant provide written documentation to future homeowners regardina an
assessment for water and that staff obtain a legal opinion regarding passing for usaae
for new homeowners to Lot 11.
Chair Borkon noted she was aware there had been a problem with too many boats docking
and that the Lot 11 area was meant to be a swimming beach. She inquired with regard to
what would happen if three new families were added to Lot 11. Nielsen stated he was
unsure how many boats are docked at this location. He was not aware of anything in either
a Court decision or the ordinance which allows the docking of boats. however. this has been
treated as though it were grandfathered in. Nielsen stated if the two new lots were to have
some use of Lot 11, he would not expect to see more boats at those docks due to the fact
grandfathered use is allowed to remain as is and as it has been used. Mr. Larson noted most
of the homeowners had taken the covenant off of their title because of the availability of their
own access.
Commissioner Rosenberger Slated his only issue with this matter is whether or not the
covenant is transferrable.
Vote on Motion: Motion passed 4/0. Chair Borkan informed the applicants this matter
will be brought before the City Council on June 10. 1996. Mr. Larson asked how be could
facilitate the issue regarding Lot 11. Chair Borkon stated it would be helpful if the
applicants provided a statement from their attorney which could be utilized at the City
Council meeting as well as input from the City Attorney.
2. PUBLIC HEARING - C.U.P: FOR ACCESSORY SPACE OVER 1200 SQ. Fr.
AD~licatlt;
Location:
Kevin Johns
26890 Edgewood Road
Chair Borkon announced the case and asked. Planning Director Nielsen to review the matter.
Mr. Johns appeared. and addressed the Planning Commission swing the reason for his
request is that he needs more accessory space. He explained he is making a complete
improvement of the home which was built in the 19508. He assured the Commission there is
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no occupation being performed out of the property.
Chair Borkon opened public testimony at 8:26 p.m.
Julie Scherer, 26930 Edgewood Road, stated she considers this to be a request for the
expansion of a nonconfonning use in the area. She stated the S[JUcture is basically a three
story apartment building. Ms. Schere:r stated this property looks like an apartment building
and function as an apartment building since Mr. Johns purchased the property. She stated
there have been continual renters occupying the lower level of the house and she is
concerned, as a taxpayer, there is going to be continual pressure in residential zones to
convert homes to apartment buildings and call them homes and be taxed as a home.
Ms. Scherer stated living next door to Mr. Johns' property has had a negative effect 01l the
value of her own home. She expressed her concern that zoning ordinances need to be
enforced.
Chair Borkon asked Nielsen to speak to the public and audience with regard to ordinance
enforcement. Nielsen explained with regard to the subject property, the owner was
previously cited for violation of-the zoning ordinance when he had four people living at the
residence. Mr. Johns noted he had himself and three professionals living on the property.
He explained he had not been aware of the existing ordinance when he bought the home
which provides that a homeowner cannot havc more than two unrelated roommates. Since
that time, he has complied with the ordinance and the roommate moved out of the property
in the time allotted.
Nielsen advised the Commission that a single family district is defIned as the traditional
nuclear family consisting of husband, wife and children or as many as three adults unrelated
by marriage or blood. He noted that'in Mr. Johns' case, the City had received a complaint
there were more adults living there than the ordinance allowed. The City advised Mr. Johns
to correct that and he did.
Nielsen further advised the City's rental housing code which includes single family homes if
the owner moves out and rents it out, that property is subject to the rental housing code the
same as apartments and duplexes. With respect to boarding, in the case of three adults living
in a single family dwelling, that would not require rental housing requirements.
Chair Borkon inquired if boarding would assume only one facility with respect to kitchen and
laundry. Nielsen stated in this particular case, there is a kitchen in the lower level. The
code defInes a dwelling unit as having a separate kitchen facility, separate exit facilities and
separate sanitation faciHties. In this particular case, the lower level had been closed off from
the upper level thereby creating a separate dwelling unit and Mr. Johns was directed to
reconnect the two levels resulting in a single family dwelling. Mr. Johns did comply with
his request.
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Nielsen stated many of the large houses being constructed are includiDg kitchen facilities in
the family room areas and in determining whether a dwelling was an apartment, the City
would look for the combination of the three elements of kitchen, exits and sanitation
facilities.
Chair Borkon suggested it would be .helpfu1 in the future to have notation of any complaints
made against a particular applicant included in the application materials which are provided
to the Planning Commission for their review prior to the meeting. She expressed concern
that had Ms. Scherer not appeared, the Commission would not be aware a prior complaint
had been made in this regard. Nielsen noted that would be the purpose of the public hearing
and would be addressed by someone appearing at the public hearing and voicing their
concerns or writing a letter to that effect. Chair Borkon clarified she would like input as to
- if it would be possible to have pertinent infonnation such as prior complaints listed on the
application.
Commissioner Rosenberger pointed out the Commission is actually looking at two different
issues, use and the request which is being made. Chair Borkon stated her opinion the two
issues are inherently related.
Kirk Scherer, 26930 Edgewood Road, stated the applicant has, in the past, been in violation
of the RIA zoning requirement. He stated if the C. U.P. were to be granted. he would like
to see the Planning Commission and the City Council ask for some type of verification in the
future that the applicant is in compliance with the zoning requirements.
Hearing no further public comment, Chair Borkon closed the public hearing at 8:40 p.m.
Commissioner Rosenberger stated from his perspective the situation does look suspicious
especially with regard to a four car garage for a single homeowner. He pointed ou[ there are
requirements as relates to C.U.P. and verification would bcjustified in this particular
situation with respect to three people living in this house. Nielsen suggested monitoring the
use of the property either by periodic inspection or discussions with neighbors.
Commissioner Rosenberger inquired how to balance the issue of being allowed three
unrelated adults, however, at one time. there could actually be six. people at the residence on
a regular basis. Nielsen stated the Shorewood ordinance is more restrictive in that regard
than either the building code or many other cities. It is common for the ordinances to define
families as being as many as five unrelated. adults.
DUE TQ MY SCHEDULE. THIS IS AS FAR AS I WAS ABLE TO GET ON
TIm MINUTES. FOLLOWING ARE THE TWO MOTIONS MADE WITH RESPECF
TO MR. .JOHNS APPLICATION.
Turgeon moved, Rosenberger seconded recommending approval of a Conditional Use
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JUNE 4, 1996 - PAGE 7
Permit for accessory space over 1200 square feet. Motion passed 4/0.
Rosenberger moved, Turgeon seconded directing staff to prepare recommendations as to
enforcement of codes related to use. Motion passed 4/0.
3. SITE PLAN REVIEW - DAY CARE FACll..ITY
A,p,pHcant:
Location:
New Horizon Child Care, Inc.
19625 State Highway 7
Turgeon moved, Li%ee seconded recommending approval of the site plan review for New
. Horizon Child Care, Inc., 19625 Highway 7, subject to planning and engineering
recommendations. Motion passed 4/0.
~ CO~IONERS DID SPEAK AT LENGTH ABOUT REOUIRlNG A
mGHER FENCE. I BELIEVE THE DEVELOPER AGREED TO A FOUR FOOT
FENCE WITH BARBERRY BUSHES. HO~. THIS WAS NOT MADE A PART
OF THE MOTION.
TOTAL P.B8