The URL can be used to link to this page

072296 CC Reg AgP '( ~ . c:n,'y COUHC:IL REGULAR IIIlB'1':IHG C:I'1'Y 01' SBOUWOOD HOBDAY, JULY 22, 1996 5755 COtrll'l'RY CLua aOAD COUNC:IL CBAMBBaS 7:30 P.M. Immediately following the regular portion of the meeting, the Council will convene in Work Session format. No action will be taken at this time. AGBJlDA 1. CORVBD C:I'1'Y COUNCIL IIIlB'1':IJIQ A. Roll Call Mayor Bean Stover Benson Malam McCarty B. Review Agenda 2 . APPROVAL 01' H:IN'U'1'BS City Council Regular Meeting Minutes July 8, 1996 (Att.- #2 Minutes) , 3 . COJlSBJI'l' ACDRDA - Hotion to approve items OD Consent Agenda &: Adopt Resolutions Therein: A. A Motion Authorizing Appointment of Pamela Turnquist as Receptionist/Secretary (Att.-#3A Staff Memorandum) B. A Motion to Approve an Independent Contractor Agreement with Bud Storm for Right-of-way Acquisition Work (Att.-#3B Proposed Contract) C. A Motion to Approve an Extension for the Filing of the Final Plat for the McCary Addition (Att.-t3C Planner's Memorandum) D. A Motion to Approve a Block Party Request (Att.-#3D Letter of Request) Location: Sweetwater Circle Cul-de-sac Date/Time: Sat., July 27, 1996; 3:00-8:00 p.m. E. A Motion to Approve a Sign Plan for Camp Coffee (Att.-#3E Planner's Memorandum) Applicant: Stephen Bauer Location: 19215 State HighwaY 7 F. A Motion to Adopt a Resolution gxempting Duck Island from Stormwater Utility Billing (Att.-#3F Proposed Resolution) /" ~-.... ;.... . CJ:TY . COUJICJ:L AGJDmA - JULY 22, 1996 PAGB 2 01' 2 4 . MA'1'TBRS nOM '1'JIB FLOOR (Presentations are liaited to 3 minute. . No Council action will be takeD..) 5 . PL.UJIt%lfQ - Report by aepre.entative A. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance/Variance to Expand a Nonconforming Structure (Att.-t5A Planner's Memorandum) Applicant: William Jensen Location: 4880 Rustic Way B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance (Att.-t5B Planner's Memorandum) Applicant: Cheryl Johnson Location: 5785 Eureka Road C. A Motion to Adopt a Resolution Approve Preliminary /Final Plat - Smithtown Woods (Att.-#5C Proposed Resolution) Applicant: Clint Carlson and Brian Ohland Location: 25895 and 25865 Smithtown Road D. A Motion to Adopt a Resolution Approving a Simple Subdivision (Att.-#5D Proposed Resolution) Applicant: James Anderst Location: 6020 Chaska Road 6 . COIISJ:DaItATIOR 01' AN APPEAL '1'0 A ZORJ:RQ VJ:OLA'1'J:OR (Att.-#6 Planner's Memorandum) Appellant: Scott Cabalka Location: Adjacent to and North of 5885 Christmas Lake Road 7 . CORSJ:DaltA'1'J:OR 01' A 1I0'1'ION '1'0 ADOM A USOLtI'l'XOR BXCLtJ'1)J:RG '1'D CITY FROII JOIJ1'1' POURS AGUmmR'l' WID SUBURBAB ALLJ:ARCB (Att. -#7 Proposed Resolution) 8 . CORSJ:DaRA'1'IOR 01' A IIOTIOR AWARDIJIG 'I'D LOW QO'O'J.'B AJD) AU'UORIZIRG STAFF '1'0 JDrl'BR III'1'O All AGJUIDIBR'l' I'OR 1996 SBAL COA'1'IR'G PR0J8C'1'S(Att. -#8 Engineer's Memorandum) 9 . ADIIJ:RISTRA'1'OR &: STAFF OPOR'1'S 10. MAYOR &: CITY COUJICIL OPOR'1'S Recognition of Snowmobile Task Force Members 11. ADJOUlUf '1'0 WOU SBSSZOR SUBJECT '1'0 APPROVAL 01' CLAJ:IIS (Att.-#ll) CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 E~CUmmS~RY 4f SHOREWOOD CITY COUNCIL MEETING . :U' V.",' . MONDAY, JULY 22, 1996 . ..e There will be a work session immediately following the regular meeting unless the hour gets too late and the Council wishes to reschedule the work session. . A~enda Item #3A: Following an extension search and testing process, we are recommending that the City Council approve the hiring of Pamela Turnquist as the City's full-time receptionist/secretary to replace Beverly Von Feldt who is leaving full-time employment with the City. Pamela's resume is attached in the packet. The motion should stipulate that Pamela will begin at Step 1 of the Shorewood pay scale. A~enda Item #3B: This would be a motion to approve an agreement for professional consultant services to help us with easement and right-of-way work relating to Smithtown Road. Please review Larry Brown's memorandum attached in the packet. A~enda Item #3C: Citing title and health problems. Carl Zinn has requested on the behalf of Thomas McCary a second extension of the deadline for filing a fmal plat for the McCary Addition. The Planning Director recommends approval. A~enda Item #3D: This motion would be to approve blocking the Sweetwater Circle cul- de-sac for a neighborhood block party on Saturday, July 27, 1996 from 3:00 p.m. to 8:00 p.m. Public Works, Police and Fire have been notified and have no problem with the request. A~enda Item #3E: The Planning Director recommends approval of a signage plan for the Camp Coffee coffee shop now under construction at Vine Hill Road and Highway 7. A~enda Item #3F: It has been brought to our attention that Duck Island has been charged a stormwater management utility fee. The City Planner and City Engineer recommend that this parcel be exempt from the stormwater management rates and charges. The City Council may approve this exemption upon the recommendation of the City Administrator which shall not ~ made retroactively according to our City code. The recommendation is to pass a resolution exe~pting the property from the charge._ A Residential Community on Lake Minnetonka's South Shore Executive Summary for City Council Agenda of July 22, 1996 Page 2 of 2 Agenda Item #SA: Mr. William Jensen requests a 1 + foot variance to add a living room addition over an existing garage stall on his home at 4880 Rustic Way. The Planning Director recommends approval and the Planning Commission voted unanimously to recommend approval. Council approval requires a four-fifths vote. Staff should be directed to prepare findings of fact. Agenda Item #5B: Ms. Cheryl Johnson has requested a 40-foot setback variance to build a detached garage on her property at 5785 Eureka Road. Since the front and rear yard setbacks overlap on this very shallow lot, any construction on the property necessitates a variance. The Planning Director recommended to approve the variance and the Planning Commission agreed unanimously. Council approval requires a four-fifths vote. Staff should be directed to prepare a findings of fact. Agenda Item #5C: Failing to submit a final plat within six months of his preliminary plat approval, Mr. Clint Carlson has reapplied for preliminary plat and final plat approval. The Planning Commission recommended approval of the preliminary plat. The proposed resolution referenced on the agenda and a development agreement relative to the final plat will be scheduled for the 12 .. August Council meeting. Approval requires a simple majority vote of the Council. Agenda Item #5D: Mr. James Anderst has requested approval of a simple subdivision to divide his property at 6020 Chaska Road into two lots. He intends to sell the northerly parcel to the owner of the office building north of his property for expansion of the office parking lot. The Planning Director recommends approval subject to conditions. The Planning Commission agreed unanimously. Council approval requires a simple majority vote. The resolution referenced in the agenda will be distributed prior to Monday night's meeting. Agenda Item #6: Mr. Scott Cabalka intends to formally appeal a zoning violation notice regarding a dock located on his vacant, unbuildable property north of 5885 Christmas Lake Road. He has requested additional time to make formal application pursuant to the Zoning Code. The Planning Director recommends that Mr. Cabalka be given until 6 August to submit a complete application for his appeal. Failure to comply with that deadline, will result in the matter being turned over to the City Attorney for legal action. Agenda Item #7: It is recommended the City Council to consider this resolution to give notice that . we may drop our affiliation with the Suburban Alliance as of January 1997 because the original joint powers agreement says that such notice should be given by August 1 of the previous year. This will give us about six months to clearly determine whether or not we want to continue affiliation with Suburban Alliance or if we wish to reconstitute an organization to undertake their mission. Please review the letter of July 3 and position statement attached to the resolution. Dale Woodbeck, Shorewood's representative on the Suburban Alliance Board for a number of years, concurs with this recommendation. Agenda Item #8: The 1996 budget authorizes $35,000 for seal coating. The enclosed memorandum identifies twelve streets to be seal coated. The low quote is $18,711 from Minnesota Roadways. The action would be for the City Council to accept the low quote and authorize the staff to enter into an agreement for seal coating services. Agenda Item #10: Attached in the packet is a list of those individuals who participated in the Snowmobile Task Force. The Council has asked that they be publicly acknowledged for all their work. 1.., . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JULY 8, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. 1. MINUTES CONVENE CITY COUNCIL MEETING DRAFT Mayor Bean called the meeting to order at 7:35 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty (arrived at 8:04 p.m.), Shaw, Stover; City Administrator Hurm; City Attorney Keane and Engineer Larry Brown. B. Review Agenda Benson moved, Stover seconded to approve the agenda for July 8, 1996, as amended, Items 2A and 2B to read June 24, 1996, rather than May 24, 1996. Consent Agenda Item 3B will be considered as a separate issue and Item No. 7 will be addressed after Item No. lIB. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes June 24, 1996 Shaw moved, Stover seconded to approve the City Council Regular Meeting Minutes of June 24, 1996, as amended on Page 3, Item B, Paragraph 5, Line 1 change "beaming" to read "berming"; Motion passed 4/0. B. City Council Work Session Meeting Minutes June 24, 1996 Benson moved, Shaw seconded to approve the City Council Work Session Meeting Minutes of June 24, 1996, as amended on Page 2, Paragraph 2, Line 1 change "liabilities" to "liability"; Page 2, Paragraph 6, Line 1 change to read "of the bridge"; Page 1, Item 2, Paragraph 2, Line 4, change to read "and changing the elevation of the bridge." Motion passed 4/0. 3A. CONSENT AGENDA Mayor Bean read the Consent Agenda for July 8, 1996. Stover moved, Benson seconded to approve the Motion on the Consent Agenda and to adopt the Resolution therein: A Motion to Approve Revised Receptionist/Secretary Job Description Motion passed 4/0. REGULAR CITY COUNCIL MINUTES JUL Y 8, 1996 . PAGE 2 3B. A Motion to Approve a Sign Permit Applicant: Lawrence Sign on Behalf of Total Gas Station (formerly ICa Station) 5680 Manitou Road Location: Benson moved, Stover seconded to approve a sign permit for Lawrence Sign on behalf of Total Gas Station (formerly IeO Station), 5680 Manitou Road, subject to the lease not being renewed and the billboard being removed upon expiration of the lease. Motion passed, 4/0. 4. MATTERS FROM THE FLOOR - None. 5 . PARKS . Report by Representative A. Report on June 25 Park Commission Meeting A Motion to Authorize a Contribution to the Shorewood Parks Foundation to Assist in the Purchase of Playground Equipment for Badger Park Hurm briefly reviewed the action of the Park Commission with regard to the replacement of playground equipment at Badger Park (as detailed in the minutes of that meeting). Hurm explained $18,500 had been budgeted for this equipment and it is the recommendation of the Park Commission that City Council accept the proposed plan by Minnesota Playground. B. Councilmember Stover inquired as to the molded-in graphic sign panel. Hurm explained the Park Commission feels it is important to have recognition posted acknowledging the contribution of the equipment by various donors and one panel in each of the various pieces of equipment would have a graphic sign attached. Benson moved, Stover seconded to accept the bid from Minnesota Playground for Game Time equipment for Badger Park in an amount not to exceed $18,500 and authorize the transfer of funds. Motion passed 3/0. Shaw abstained due to his membership on the Shorewood Parks Foundation Board. 6. PLANNING . Report by Representative Commissioner Turgeon reviewed the matters considered and actions taken by the Planning Commission at the July 2, 1996 meeting (as detailed in the minutes of that meeting). 7. PRESENT A TION OF SNOWMOBILE TASK FORCE FINAL REPORT Co-Chairs Bill Colopoulos and Virginia Kolstad presented the Final Report of the Snowmobile Task Force. Co-chair Colopoulos expressed appreciation to Judy Marshik, Facilitator, City Staff, Police Chief Young and the Police Force, Task Force Members, Advisory Members and Alternates for their time and commitment to this project. Co-chair Kolstad provided an overview of the Final Report. She further provided a summary of the information gathering and decision making process including the identification of the policy areas, identification of questions and issues to be addressed, the gathering of data, the evaluation of data and review of alternative solutions in addition to recommendations. .J . . L. . . REGULAR CITY COUNCIL MINUTES JULY 8, 1996 - PAGE 3 Co-chair Colopoulos reviewed the key data which was considered including the survey, City research report, agency reports, police complaint analysis as well as trail walks which were taken by the Task Force members. Recommendations which the Task Force suggests for implementation were identified in the areas of safety, enforcement, education, signs, ordinance, areas of further follow up and study in addition to accountability and oversight. Co-chair Kolstad pointed out the City could lose Grant- in-Aid funding in allowing a multi-use trail. Co-chair Kolstad stated the Task Force encourages the City Council to take action and put into effect the programs as outlined and establish accountability for their implementation and monitoring. If it is determined the City cannot bear the economic cost of these programs, the Council will have two other alternatives which would be to ban snowmobiles from the regional trail or to ban them from Shorewood entirely. Councilmember Benson suggested a date be set in the near future for a study session for Council to discuss the Snowmobile Task Force Report. Benson thanked the Task Force and the Co-chairs for their time and effort in studying this issue. Councilmember McCarty expressed appreciation that the minority opinions were included in the report for Council review. Hurm offered to review the informational binders of the Task Force with any of the Councilmembers interested. Councilmember Stover suggested a work session to review the data. Mayor Bean asked if the proposal to use separate trails had been explored with the LRT. Co-chair Kolstad stated the LRT had not been consulted, however, Dell Miller of Hennepin Parks felt this plan could work. Hurm explained he had consulted with the LRT and was informed there would be an approval process, however, this proposal could be considered. Hurm pointed out the contractual agreement would be with the railroad authority. Mayor Bean commended the Snowmobile Task Force for their work on this issue stating that the report which was submitted far exceeds any anticipation he had had and noted the level of recommendation to be exceptional. He further commented the Task Force should be proud of the effort that went into this project regardless of the conclusion reached. Mayor Bean expressed appreciation to the citizens who were willing to voluntarily commit their time to participate in this project. He noted an outstanding job had been done in bringing a document of this nature to the Council and he assured the Task Force of the Council's willingness to put in the additional time necessary to consider the recommendations of the Task Force and arrive at specific action plans. This will allow the City the ability to prioritize financial and staff resources. Co-chair Colopoulos credited Co-chair Kolstad for the enormous amount of work she performed as well as her time and dedication to the project. Co-chair Kolstad thanked the City Council on . behalf of the Task Force for their comments. Woody Love, 5460 Teal Circle, inquired if a public hearing would be held with regard to any changes made to the ordinance with regard to snowmobiling. Mayor Bean explained policy and/or ordinance changes would become a public discussion and not necessarily a public hearing. Mr. Love was encouraged to put his concerns in writing to the Council. Mayor Bean further explained various ordinance changes could be referred back to Planning or Park Commissions for their recommendations and would then come back to the Council for their approval. Mr. Love expressed his belief the issue of snowmobiles does not come down to a ban, but rather to effectively regulate them. He felt enforcement would be one of the key issues. Mr. Love further stated he was hopeful the survey which had been circulated would not be the residents' only opportunity to address these issues. REGULAR CITY COUNCIL MINUTES JULY 8, 1996 - PAGE 4 8. PROJECT 95-14, EUREKA ROAD WATERMAIN IMPROVEMENTS AND PROJECT 95-15, SMITHTOWN ROAD (SOUTHERN LINK) WATERMAIN IMPROVEMENTS A. A Motion to Adopt a Resolution Accepting Bids and Awarding Contract for Project 95-14, Eureka Road Watermain Improvements and Project 95-15, Smithtown Road (Southern Link) Watermain Improvements City Engineer Larry Brown reviewed the matter in detail. Mayor Bean inquired if performance clauses with respect to deadlines and restoration had been included. Brown commented mailboxes had been an issue in the past and that a liquidated damage for not replacing mailboxes the same day they are damaged had been included. He added commitments regarding prevailing wages had also been included. Benson moved, Shaw seconded, adopting RESOLUTION NO. 96-60, "A Resolution accepting bids and awarding contract for Project 95-14, Eureka Road Watermain Improvements and Project 95-15, Smithtown Road (Southern Link) Watermain Improvements." Motion passed 3/1, Stover was the dissenting vote. B. Engineer's Report on Meeting with Smithtown Road (Southern Link) Area Residents Interested in Municipal Water City Engineer Brown informed the Council that City Staff met on June 26, 1996, with homeowners who had expressed an interest in municipal water. Due to the configuration of the properties, it would be necessary to obtain easements from neighbors to make various hook-ups possible. City Staff consulted with City Attorney Keane and then recommended a petition which would allow the City to do the improvements and also waive their right to a public hearing for the $5,000 assessment. At that point, Staff would determined which property owners would be willing to negotiate with their neighbors in an effort to work out an easement. Brown stated the six homes to the north are either neutral or in favor of municipal water. The homes to the south appear to be opposed to bringing the watermain into that area. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING BIDS AND A WARDING CONTRACT FOR PROJECT 95-16, SMITHTOWN ROAD (EASTERN LINK) WATERMAIN IMPROVEMENTS City Engineer Brown reviewed the matter in detail. Mayor Bean asked if clauses with respect to time limits and restoration had been included in the bid. Brown explained those provisions were contained in all of the capital improvement projects for this year. With respect to the 66-foot right-of-way, Staff recommends sending out a letter asking residents if they are contesting that right-of-way. If City does not have a dedicated right-of-way, the City will meet with the residents to resolve the matter. If an agreement cannot be reached, the City will be forced to add a curb stop box at the edge of the pavement. In the event a resident chooses to hook into the curb stop box after construction, they will be required to pay for the restoration of Smithtown Road. Councilmember Stover inquired when the construction would take place and how much time the property owners would have to debate the easements. She expressed a concern the construction would have occurred before it was possible for the property owner to make a decision. Brown explained the mainline pipe is generally installed first which would take approximately two months. Stover asked how long it would take to acquire an easement with a willing property ,J . . I. . . REGULAR CITY COUNCIL MINUTES JULY 8, 1996 - PAGE 5 owner. City Attorney Keane stated this could happen in a very short period of time such as overnight. Mayor Bean point out the City will not presume street right-of-way, but will have it delineated by plat or easements obtained. The City will not take adverse possession. Councilmember Stover expressed concern the residents receiving the letter be allowed sufficient time to respond. Mayor Bean directed staff to prepare the letter in fmal form to be reviewed by Counsel by the July 22, 1996 Council meeting. McCarty moved, Benson seconded adopting RESOLUTION NO. 96-61, "A Resolution Accepting Bids and Awarding Contract for Project 95-16, Smithtown Road (Eastern Link) Watermain Improvements." Motion passed 4/0. Stover was the dissenting vote. A resident inquired how the Council could accept a bid for something the residents do not want. He expressed his belief that residents had not been consulted regarding this decision. Mayor Bean explained this issue had been discussed in depth at numerous public hearings and neighborhood meetings which had taken place. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PROJECT 95-17, STRA WBERRY LANE IMPROVEMENTS City Engineer Brown addressed this matter in detail stating due to the lack of approval by the Minnehaha Creek Watershed District, Staff recommends rejection of the bids and that the project be bid again in January or February of 1997. McCarty moved, Stover seconded adopting RESOLUTION NO. 96-62, "A Resolution Rejecting Bids for Project 95-17, Strawberry Lane Improvements." Motion passed 5/0. Councilmember McCarty suggested a work session to discuss hook up policy. Mayor Bean stated this would be on the agenda within the next month or two. 11. PROJECT 95-19, SHADY ISLAND BRIDGE IMPROVEMENT A. A Motion to Adopt a Resolution Accepting the Feasibility Report and Authorizing Preparation of Plans and Specifications for Project 95-19, Shady Island Bridge Improvement A Feasibility Study with respect to the Shady Island Bridge Replacement, City Project No. 95-19, was presented by Paul Hornby and Bob Kilgore of OSM. City Engineer Larry Brown reviewed the matter in detail. Mr. Delaney had raised concerns with respect to maintaining access to the back of his yard versus the proposed guard rail. Brown assured Mr. Delaney this issue would be addressed as part of the design process with respect to conceptual design and cost feasibility. Mayor Bean asked what would be disturbed within the right-of-way. Hornby stated the trees immediately adjacent to the structure would need to be removed. In addition, possibly half of the Russian olive tree on the Delaney side of the bridge would be lost to trimming. Mayor Bean .f REGULAR CITY COUNCIL MINUTES JUL Y 8, 1996 - PAGE 6 inquired if the tree could be moved, however, Hornby stated due to its age and its location on the waterbed, it would be preferable to leave the tree and address the problem with pruning. Brown explained if a guard rail were installed, the Delaneys could maintain their trees, however, access would need to be provided to their rear yard. If there is no guard rail, then a traversable slope would be required. Mayor Bean inquired if the Delaneys had any input regarding the saving of trees versus a guard rail. Mr. Delaney stated he would be in favor of losing a few of the trees, however he would like to see the addition of some type of bushes. Brown stated the City will work with the Delaneys to reach an agreement on potential plantings. Councilmember Benson asked if the Delaneys were in favor of the addition of some plantings with no guard rail which would allow access to the Delaneys' rear yard. The new guard rail would be 40 feet long and would be moved resulting in the guard rail extending approximately 10 additional feet. Mr. Delaney stated he would be in agreement with this. Hornby stated the DNR has an issue with watershed and the filling of any protected water would need to be mitigated. Any area of a protected wetland that is filled would need to be replaced at a . 1: 1 ratio. Councilmember McCarty asked about the legal ramifications of building a bridge which does not meet standards. Attorney Keane explained there is a standard articulated by the Minnesota State Aid and there is also the opinion of an engineer that the structure is a hazard to the public. He expressed his opinion the City has attempted to strike a balance between the Minnesota State Aid Standard, which is not a requirement, and a standard which satisfies the professional engineers in terms of providing an adequate structure which is safe for the public. Mr. Keane further explained the structure is wider and exceeds the minimum requirement for emergency, fire and vehicle access and some of the vertical changes in grade will make it a safer structure. Kilgore stated while the proposed structure is an improvement over the current bridge, it does not meet current design or engineering standards at the proposed width. In comparison to a normal new project, this proposal is considerably substandard. Mayor Bean expressed his opinion the City is walking a very fine line trying to minimize the impact both to the residential area and to the preservation of the shoreline, wetlands, lake, and . spawning areas. Councilmember McCarty stated she would be in favor of the bridge if the City could be protected in the case of a fatal accident. Mayor Bean stated that would be a concern and it would need to be a conscious decision that the City would be at risk, however there is perhaps a higher likelihood the City could be dealing with a medical or fire hazard on the island which would require a response and anything built less than the standard 20 feet would be a compromise. Councilmember Stover stated if this issue were approached as a variance and the Council were to pass a resolution, she would suggest enumerating the reasons why this decision was made noting the City Council consciously debated this issue and it was not made in an arbitrary and capricious manner. Councilmember McCarty asked if OSM would be at risk in the event of a lawsuit. Brown commented City Staff could draft a letter stating the City has made the decision to build this structure for the reasons enumerated and has directed OSM to construct this bridge. It, . . REGULAR CITY COUNCIL MINUTES JULY 8, 1996 - PAGE 7 Councilmember Shaw asked City Attorney Keane for his input. Attorney Keane stated he would not agree to a hold hannless or indemnification letter. Councilmember Shaw felt it would be imprudent and unreasonable to build a 30-foot wide bridge for the limited number of cars which travel the area. He felt it would be reasonable and prudent for the Council to make the decision to build a 20-foot wide bridge on the basis of traffic load and the residents' needs in the area. Attorney Keane stated in cases of a casualty and fault is being sought, the starting point would be with negligence. Mr. Keane stated there is a history of a narrower structure for the past 40 years and past accidents in this area would also be taken into consideration when meeting the reasonableness standard. Shaw moved, Stover seconded adopting RESOLUTION NO. 96-63, "A Resolution Accepting the Feasibility Report and Authorizing Preparation of Plans and Specifications for Project 95-19, Shady Island Bridge Improvement." Motion passed 5/0. Councilmember Benson asked if there would be an advantage to having steel incorporated with timber in the construction of the bridge, however, Kilgore stated it would be a disadvantage and straight timber, Alternate No.1, would be his recommendation. Shaw moved, Benson seconded to accept Alternative No. 1 for an all timber structure. Motion passed 5/0. B. Engineer's Report on Interim Safety Measures on Shady Island Bridge and a Motion to Adopt a Resolution Authorizing Expenditure of Funds for Emergency Repairs. Stover moved, McCarty seconded adopting RESOLUTION NO. 96-64, "A Resolution Authorizing Expenditure of Funds for Emergency Repairs to the Shady Island Bridge." Motion passed 5/0. Mayor Bean recessed the meeting at 9:25 p.m. and reconvened the meeting at 9:32 p.m. 12. CONSIDERATION OF ADDITIONAL POLICE PATROL HOURS Mayor Bean reviewed the matter and stated it would need to be addressed before the meeting of the Coordinating Committee on the 17th of July. Councilmembers McCarty and Benson questioned whether more hours are needed. Benson noted Shorewood has a dedicated police officer at the present time and does not feel additional hours are necessary. Councilmember Stover stated patrolling should be done to the degree the police department feels it is necessary. They go where they feel they are needed and they are the best judge of where they need to be. She further commented this has been successful and she does not want to see the Council telling the Police Chief how to utilize the officers. Councilmember Shaw voiced his agreement with Stover stating the police department is a professional force and he has confidence in the Police Chief and his experience and expertise. It was the consensus of the Council not to add additional police patrol hours. 13. ADMINISTRATOR & STAFF REPORTS REGULAR CITY COUNCIL MINUTES JULY 8, 1996 - PAGE 8 A. Status Report of Street Lighting at Brynmawr City Engineer Brown stated the six month period will now begin as the new lighting fixtures are in place, energized and in working order. Brown reported he has received comments with regard to rusty water which is due to not having the water tower on line for the Boulder Bridge system. In addition, there was a power outage at the W oodhaven well so it is anticipated the City will receive complaints of rusty water as well as low water pressure. High demand periods combined with low pressure will result in a higher iron content in the water. These occurrences should be eliminated when the new water tower is on line. B. Second Quarter Report on Status of Budget Objectives City Administrator Hurm informed the Council the Mid Year Status Report is in their packet, the objectives which were established {or the 1996 budget as well as the issues the Council prioritized earlier in the year. The report also indicates the status of each of the issues. 14. MAYOR & CITY COUNCIL REPORTS Acknowledgment of Work Done by HomePage Development Group Mayor Bean recognized that Shorewood now has a HomePage on the World Wide Web which is a great source from which to obtain information regarding the City and upcoming agendas. Mayor Bean expressed appreciation to the five Shorewood residents, Adam Serdar, Phil Zumsteg, Bill Bergdorf, Cyd Bergdorf and Craig Bergdorf, who contributed to this project, volunteering their time and knowledge. Hurm stated they continue to assist City Staff in improving the site. Mayor Bean also noted there is an interconnection to the Minnetonka High School HomePage which lists a cross reference to Shorewood. The Home Page also links to other governmental agencies. 15. ADJOURNMENT Shaw moved, McCarty seconded to adjourn the City Council meeting at 11: 08 p.m. subject to payment of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Ofr Site Secretarial ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR ,-- . . P;:,mt:t/::I Tllrnnllict . -..---- . -- ..,---.. 433 Ensign Avenue North Golden Vailey: MN 55427 (612) 546-3916 (H) Education 1993 Bachelor of Science Business Administration - Management Northwestern College, St. Paul, MN Work Exoerience June 1995 - Present . Temporary Office Assistant Pro Staff Plymouth, MN Temporarily assist companies with various office work including tiling. data entry. ten-key. typing. spread sheets. phone work. customer relations and other administrative duties. Julv 1993 - Januarv 1995 ~ ~ Marketing Assistant Green Tree Financial Corporation St. Paui, MN Provide confidential and administrative support to regional manager and business develooment manaQers, Evaluate and approve new home improvement dealers for finance programs throughout thirteen states in the 'east coast region. Maintain and update deafer files and records on an annual basis. Review financial documents. Coordinate weekly and monthlv production reoorts to analvze business seQments. Communicate effectivelv with inside representatives' and outside' dealers, Draft correspOndence. Supervise soedal projects. ' .' . . January 1993 - June 1993 Instructor Com p ute rTots Minnetonka, MN Teach students to understand basic computer functions and uses. Demonstrated and instructed "hands on" training to develop skills. August 1990 - November 1991 Sales Coordinator Customer Service Representative Paragon Cable Minneapolis, MN Supervised 10-15 sales representatives. Developed telemarketinQ promotions. Compjled monthly sales data. Train~ new telemarkelinQ representatives. ASsisted customers 'with product. billing. and installation information. - . Comouter Software KnowledQe WordPerfect Word for Windows Excel Lotus 1-2-3 #=3A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM FROM: DAlE: Mayor and City Council Jim Hurm, City Administrator Larry Brown, Director of Public WOrlCS~ July 17, 1996 TO: eRE: Consideration of a Contract for Independent Contractor Agreement for Right of Way Acquisition Work Attached is a standard form of agreement for Evergreen Land Services, Inc. to serve as a professional consultant to the City of Shorewood for right of way needs. As the City Council is aware, a portion of the residents have contested the City's right to utilize the 66 foot Smithtown Road right of way for the purpose of a reconstructed roadway, trail purposes, and utilities. Staff and OSM Associates are in the process of researching areas that are unclear as to the dedicated right of way. An Owners and Encumbrances report which documents all rights and interests for properties will need to be prepared where the property has not been solely dedicated by the platting process. After that report is prepared, easement documents and consultation with these property owners would commence. Mr. Bud Storm of Evergreen Land Services is a right of way consultant who works with many of the metropolitan cities in preparing the Owners and Encumbrances reports and consults with land owners for e the above process. Staff has met with Mr. Storm regarding the Smithtown Road Reconstruction Project to review the right of way issues and discuss the best method to insure that the City of Shore wood has clear title and rights for the reconstruction of Smithtown Road. . An open ended contract is attached for the City Council's consideration. This would permit Evergreen Land Services to set up the necessary fIles to move towards completing the documentation process which determines if easements will be necessary. Once the needs have been accurately identified, staff will return to the City Council with an estimate as to the total costs anticipated including consultant costs and easement acquisition costs. Until that time,. staff is recommending that the contract be approved not to exceed $10,000.00. Staff has also been in contact with State Aid to initialize the process of earmarking State Aid dollars for right of way consultation and acquisition. A motion approving the Contract for an amount not to exceed $10,000 for professional services by Evergreen Land Services is recommended for approval. A Residential Community on Lake Minnetonka's South Shore ~3B ELS Project No. Revised 7-91 CONTRACT This CONTRACT is made this day of between City of Shorewood ("Client") having an office at 5755 Country Club Road, Shorewood, Minnesota, 55331, and Evergreen Real Estate and Investment, In c., a Minnesota Corporation, doing business as Evergreen Land Services Company ("Professional Consultant") having an office at 6200 Shingle Creek Parkway, Suite #415, Minneapolis, MN 55430. The parties agrees as follows: 1. The Professional Consultant shall complete all the services specified in Exhibit A, attached hereto and made a part hereof. The services shall be performed in accordance with generally accepted professional standards and in accordance with such requirements or restrictions as may be lawfully imposed by governmental authority. The work shall be . commenced on or before June 15, 1996, and the Professional Consultant shall complete all necessary contract work and services, drawings and specifications no later than as directed by the Client 2. The Professional Consultant shall (a) furnish all labor and equipment and provide all the material required to complete the services, (b) complete all work with promptness and diligence to the satisfaction of Client, and (c) have full control and direction over the mode and manner of performing the services covered by this Contract. Professional Consultant shall take all precautions for the proper and safe performance thereof. 3. Client shall pay Professional Consultant for the performance of this Contract in accordance with the rate schedule contained in Exhibit B, attached hereto and made a part hereof. Professional Consultant shall bill the client on the first and the fifteenth day of each month during the progress of the work for amounts due hereunder. Client agrees to remit payment to Professional Consultant within thirty days after receipt of each such statement submitted by Professional Consultant. Final payment shall be made upon completion and acceptance by Client of all the work called for hereunder. Client may require Professional Consultant to furnish evidence to Client showing that all claims for labor, material and other obligations arising hereunder are proper. . . 4. Client's Representative is Larry Brown or other persons designated in writing by him or by Client. The Client Representative shall exercise no supervision over Professional Consultant's employees but shall be available to Professional Consultant for consultation or advice during normal working hours. 5. The services covered by this Contract shall commence following the execution hereof and upon notification from Client to Professional Consultant. This Contract shall continue until final completion of and acceptance by Client of the work performed by Professional Consultant unless sooner terminated by either party upon written notice to the other. In the event of any such termination, Professional Consultant shall be paid for work performed through the date of termination. 6. Records of Professional Consultant's direct labor costs and reimbursable expenses pertaining to the services covered by this Contract shall be kept on a generally acceptable accounting basis and shall be available to Client or its authorized representative during normal business hours. 7. Title to all designs, studies, plans, specifications and other data related to Client's locations, structures and projects shall, after payment to Professional Consultant as provided for in Exhibit B, shall vest in and be available to the Client upon written request. 8. Professional Consultant shall take out and maintain, at its own expense, such public liability, automotive, and Workman's Compensation Insurance as will adequately protect Professional Consultant and Client from claims under applicable workmen's compensation acts and from any other claims for damages for personal injury, including death, or damage to property which may arise or result from Professional Consultant's performance under this Contract, whether the performance be by Professional Consultant or by a subcontractor or by anyone directly or indirectly employed by either of them. The specific insurance coverage to be provided are as shown on the attached Exhibit C. . 9. Professional Consultant shall not assign its rights or delegate its obligations under this Contract in whole or in part, or any work or money payable hereunder without prior permission from the client. 10. Professional Consultant shall comply at its expense, with the provisions of all applicable state and municipal requirements and with'all state and federal laws applicable to Professional Consultant as an employer of labor or otherwise, including, but not limited to, all safety or health standards issued under the Occupational Safety and Health Act of 1970 or under any state or local act affecting safety and health. Professional Consultant shall further comply with all rules and regulations and licensing requirements pertaining to its professional status and that of its employees, subcontractors and other employed to render the services hereunder. 11. Client's designated representative or his delegate for the work hereunder shall communicate to Professional Consultant the Client's requirements and requests in reference to the work hereunder and shall review such work; Client's representative is shown below. Professional Consultant's designated representative for receiving such communications and requests is shown below. Client Professional Consultant City of Shorewood Evergreen Land Se(Vices Company 5755 CountIy Club Road 6200 Shinllle Creek Pkwy. Suite #415 Brooklyn Center. MN 55430 Shore wood. Minnesota 55331 REPRESENT A TIVE: Larry Brown REPRESENTATIVE Stuart "Bud" Storm . IN WITNESS WHEREOF, Client and Professional Consultant have executed this Contract, in duplicate, as of the day and year fIrst above written. Client City of Shorewood By: Its: Professional Consultant Evergreen Land Services Company By: Its: . . . EXHIBIT" A" Evergreen Land Services Company will perform land and right of way acquisition and related services as directed by the City of Shorewood. Exhibit "8" 1996 RATE SCHEDULE Relocation Services Relocation Consultant $55.00 per hour Acquisition Services Acquisition Agent $41.00 per hour Draftperson $27.00 per hour . Typist, Clerical $23.00 per hour Expenses Vehide mileage allowance $0.33 per mile For miscellaneous costs: Long distance phone charges, maps, copies of documents, expendable material, recording fees, subcontractor or other costs required to complete projects. (A receipt of purchase must accompany all such charges) Add 22% to actual cost. . Please note that on the hourly charge there are no labor additives listed as an extra charge. They are included. ~~!:_~ .JDUCER HIS CERTIFIC TE IS UE AS A MA 0 lOTION ON Y A CONFERS NO RIGHTS UPON THE CERT1F1CATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE J. Ahmann Companies i51 City West Parkway len Prairie MN 55344 lURED COMPANY lETTER COMPANY l.ETTER A H~rtford Insurance Group B Great American Ins. Co. rergreen Land Services )mpany !OO Shingle Creek Pkwy lite 415 ~ooklyn Center, MN 55430 COMPANY C lETTER COMPANY 0 l.ETTER COMPANY E l.ETTER ~Y~I4:9~'ffHi.f:::tt;:t":Jm:%M:JttM:rM::iii::::il~tJtt.tHttlit:{i@iMMJAiit::iH@MMiHiiri@rrrliillMi:i:il:i{:tt::i:i:tt;ltHti:it:t;ti}:f:##@ft}~::r]:?~ft@l:iIfi:i@iMi~Jf!j'f#iW:\%tM%iim@:i:ri:: THIS IS TO CERTIFY THAT THE POliCIES Of' INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED4'OlWfTHSTANDING ANY REQUIREMENt TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWrTH RESPECT TO WHICH THIS CERTlFICAI e MAY BE ISSUED OR MAY PERTAIN. THe INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~I~i~t~~~r~~j~ill~~~~t~~@;~~t:lt~~!1~1i11~j~i~~~~~~j~l~ $~1~ili~~fm;ili~n~~~~~~~~~~~ll~~~~~~1~1~tilit: TYPE OF INSURANCE POUCY EFFECTM! poucy EXPtRATION POUCY NUMBER AlE (MMJDDIYY) 6/17/95 DAlE (MMJDDIYY) UA8IUlY GENERAl UASIUlY MS MADE [iJOCCUA. ER"S & CONTRACTOR"S PROT. 41SBADF6476 6/17/96 E~~lE -COMP/OP AGG. & AtN. INJURY EACH OCCURAENCE FIRE DAMAGE (Ally one fire) MEO.EXP. (Ally one ~ 6/17/96 SINGlE GCA882943701 6/17/95 OILY INJURY (p..~ BOOII. y INJURY (pet accldenll DAMAGE 41SBADF6476 6/17/95 6/17/96 FORM ER THAN UMIlREllA FOAM WORICER'S COMPENSATION AND EMPLOYERS' UABlUlY OTHER EICRIPnoN OF OPERAnONSll.OCATlONSIVEHICUS/lIPECIAL ITEMS UMIlS C; ty of Shorewood . ::i}i EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO 5755 Coun t ry Club Road MAll...1.O-- DAYS WRITTEN NonCE TO THE CERTIFICATE HOLDER NAMED TO THE Sho rewood, MN 55331 lEFT. BUT FAilURE TO MAil SUCH NonCE SHAll IMPOSE NO OBlIGAnON OR ~,:,:i LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. f'{(J-+1< . ~ ~ :::::{:))):::{):;:::;:::::::::::::::::::::::::::y::??):)::::)tO<::j:::{::(:i:):ff:::{:?IoACORD..t:oaJIQaAfjpfiO- it:! AUTHORIZED REPRESENTA nvE c6idfM(7i90f:::::){:}}::}:{{::::::::::::{::{::i{:}::::::::::;::::::::i::{:::;:::::::::::::{{{::::}}})}}:}::}{{::::: '0 " ... ' l. .~..., ,'+ " . . ~ .' ,_ ~." '.~,. ~_ :r.:~. .. 1 . . MEMORANDUM TO: FROM: DATE: RE: Fll.E NO. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612)474-3236 Mayor and City Council Brad Nielsen 18 July 1996 McCary Addition - Request for Extension of Deadline to File Fmal Plat 405 (95.35) Carl Zinn. representing Thomas and Mary McCary, has requested a second extension of the deadline for filing the fmal plat of McCary Addition. a two-lot subdivision on Ridge Road. The applicant received an extension in May of this year and cites title and health problems as the reason for the second extension. The Subdivision Code allows up to two extensions. Approval is recommended. The applicant is advised by copy of this memorandum that he must submit an up-to-date title opinion prior to release of the final plat. If you have any questions relative to this matter. please contact me before Monday night's meeting. cc: Jim Hurm Tim Keane Carl Zinn Thomas McCary A Residential Community on Lake Minnetonka's South Shore 5,G, -' , . . June 25, 1996 Mayor Robert B. Bean and Shorewood City Council and Brad Nelson, City Planning City of Shorewood 5755 Country Club Road Shorewood, N1N 55331-8927 FR: Carl Zinn, Applicant, on behalf of Thomas and Mary McCary, Owners. RE: REQUEST FOR A 60 DAY EXTENSION FOR THE FILING OF THE FINAL PLAT OF THE MCCARY ADDITION. Dear Mr. Nielson, The delay in the flIing of final plat has been the result of several factors. Mr. McCary recently suffered a heart attack and has been unable to assist the applicant in getting the signature of the lenders. It took over 60 days to get a name of the person who could sign the Mylars for the mortgage company. The sale of Investors Mortgage to Firstar and the transfer of the loans to Milwaukee caused a huge amount of confusion on the lenders part. I still am waiting for the Corporate officer to fmd the flies of this mortgage. We have been unable to complete the widening of Ridge Road until now. The two car parking/passing area will be black topped at the end of the month. Accordingly, on behalf of the owners, Tom and Mary McCary I request a 60 day extension in which to file the final plat. Sincerely, (~~ Carl Zinn 474-4444 Applicant . . July 12, 1996 Ten Naab Deputy Clerk City of Shorewood 5755 Country Club Road Shorewood,~ 55331-8927 Dear. Ms. Naab: This letter is a follow-up to our telephone conversation of this morning. I am writing on behalf of the neighbors in the Sweetwater neighborhood. We are in the process of planning our annual neighborhood summer picnic/block party to be held on Saturday, July 27, 1996 from 3:00 p.rn. to 8:00 p.m. The event would be held in the Sweetwater Circle cul-de-sac and would have a sawhorse barricade at the entrance to the cul-de-sac. (Traffic would still have access to the circle.) Thank you for placing this request on the agenda for the next City Council meeting. Sincerely, :t "' '. \ I ;/ \ / (/'1/ /~. .,.. ...." -; '-<../' / VJ'-. Mary Ann Davidson 19730 Sweetwater Curve Shorewood,~ 55331 (612) 470-6771 \ d - .J r ~;}{/-"(.-,;)C../k'~. <;:: J 1f:=3D f . .' . MEMORANDUM . TO: FROM: DAlE: RE: mE NO. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474.3236 Mayor and City Council Brad Nielsen 18 July 1996 Sign Permit - Camp Coffee Property - 19215 Vine Hill Road Sign Source, Inc. has submitted a signage plan for the coffee shop currently under construction at 19215 Vine Hill Road. They propose to: 1) remodel the existing pylon sign (see Exhibit A); 2) erect a directional drive-thru sign (see Exhibit B); and 3) erect a menu board on the south side of the building (see Exhibit C). The location of the signs is shown on the applicant's site plan (Exhibit D). Following are the sizes of the proposed signs: -Pylon sign: 8'x7' = 56 sq.ft. -Drive-thru sign: 4'x3.25' = 13 sq.ft. - Menu board 20"x21" = 3 sQ .ft. . Total area: 72 sq.ft. The Zoning Code allows commercial buildings to have three signs, totaling 10 percent of the building silhouette as viewed from the street In this case both the Vine Hill Road and Highway 7 sides may be counted. The total silhouetted is 881 square feet, which allows 88 square feet of sign area. It should be noted that the applicant has reduced the size of the directional sign to comply with zoning requirements. Approval of the permit is recommended. cc: Jim Hurm Sign Source, Inc. Steve Bauer A Residential Community on Lake Minnetonka's South Shore 3.~. . e7/18/1996 16:15 6124747553 A .:f i. J ~. .. '- .q. .f ....J>. ~ r \~ t\j "-7 36" I . , 7' 12' SIGN SOURCE. INC. PAGE e2 12' 12' 12- 4' A /~e.! It;~ f:.-c ~ ./ v J 0'J(Y"t:J t.i! c. O{./ -f.. . s i- NSERT MbD~ LOGO 8' REPLACE TOP PANaS Of EXISTING DOUBLE SIDED NTERNALLY illUMINATED CHANGEABLE MESSAGE BOARD i I I: I' CII&ATIV. .OLUTIONS ~', b",,.. ~ 7801 Park Drive Chanhassen, MN 55317 (612) .o.4-9TI4 (fax) 474-7553 SCAle: nts D.6J'E OF PLANS: 6-6-96 PROJECT: CAMP COFFEE FILE NAME: CAMP-l SCALE: nts DATE OF PLANS: 6-6-96 PROJECT: CAMP COFFEE AlE NAME: SlC/CAMP-2SCV .. 07/12/1996 16: 27 6124747553 SIGN SOURCE. INC. c . . ONE (1) 24')( 26' PAINTED MOO PANEl. WITH VINYl GRAPHICS A'X 4,' GREEN TREATED POSTS FOR HANGING STRUCTl..RE 7801 Park Drive o.onhossen, MN 55317 (612) .474-9n4 (fox) 0'.4-7553 CREATIVE aOa.UTION. E.)(,,-ibit b PAGE fil4 21' . 137/18/1996 16:15 6124747553 SIGN SOURCE. INC. D - MENU BOARD r ~ tP ..... . . veJe "'" .dO" PAGE 133 {a'-{ cJ- AS. ONE (1) AO.X A8- PAINTED MOO EXTERIOR MENU BOARD MENU ITEMS LISTED IN VINYL FILM ON INDIVIDUAl.: Pi:1f ~ =- . STli( IPS 7801 Park Drive Chanhossen, MN 55317 I I 11 I: i Ii SCALE: nts DATE OF PLANS: 6-6-96 PROJECT: CAMP COFFEE FILE NAME: S/C/CAMP-3,SCV (612) 474-911.4 (Fax) 474-7553 ~~k;b;t G , " i . u; Zl ~- . '""'1 t i ;: . .. ~i ! : " I ~ ~~ H~ tU ii I . lit I ,III .'illi II1Iltll fa. J t. " IlliI.. Qv""2 ~~ 4. ") ~ e~ - . ~~~ L~\IJ . .....w.. .---w .. o. . . --~ . .,:' C &.L. ...~.- - .jo. - u.o 0"-: . 0, 1"i..,0' ,"-,U,z: .... . ..., - ~ . ~ ,) 'i ')C, ~ r I I \ , \ ~"'2 ~ ... 'i f i . , \; ~'t ~ . ~~ r: s~ ~ ~ ..,,~ ~ ~ ~E ~ ~- ~ - .. ..." -~ tt) ~ ~ , tIl. " t I~ f~ ~ ~ i ~~ ~~; i ~ i.,~ l~ ~ ~ ~'""lt ~~ 3" ~ 1 ~;.r;~~ 1 ~ . r I \ \. "'" . "'" 1.__-.-" L'--- -. - -,,, _ ... -- i \ \ Il. '" o\--;~~ ':tt,!~~ ~~"'t:l: E)(h~b;+ D E13 391;td 'JNI '3J~OS N9IS E;;LPLP~!9 L~:9! S66t/~!IL13 ~il .! ':t 11' "," lf~ 't 1"~ ~ ~~ ~ 6.a. t. -~ : e'" ~ "l il. ~ \ \ ~ I) \- ~\. /J) ~ ',. 't:<t ~~ ~4 . . CITY OF SHOREWOOD RESOLUTION NO. 96- A RESOLUTION EXEMPTING CERTAIN PARCELS FROM STORMWATER MANAGEMENT CHARGES WHEREAS, City Code Section 905 establishes a Stonnwater Management Utility and rates to be charged against all parcels within the City of Shorewood; and, WHEREAS, City Code Section 905.05 allows the City Council to adjust such charges for certain parcels where it can be demonstrated by the affected property owner that the runoff volume for a parcel is substantially different than from the Residential Equivalent Factor (REF) defmed for such parcel; and, WHEREAS, the owner of the property identified as Property Identification Number 27-117-23-33-0001, also known as Duck Island, has demonstrated that the runoff volume is significantly different from the REF for such parcel, and that runoff from such parcel does not impact upon the City's stonnwater drainage facilities, and has petitioned for exemption from the stormwater management rates and charges; and, WHEREAS, the City Planner and City Engineer have reviewed such parcel and are in agreement with the conditions presented by the property owner, and recommend that such parcel be exempt from stormwater management rates and charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood to accept the fmdings of the City Planner and City Engineer relative to Parcel Identification Number 27-117-23-33-0001, also known as Duck Island, and to hereby declare such parcel exempt from future stonnwater management rates and charges. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 22nd day of July, 1996. Robert B. Bean, Mayor ATIEST: James C. Hunn, City Administrator -;t: 3 f lA' . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JULY 2, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.l\'I. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:05 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust, Kolstad, Lizee, Turgeon, Council Liaison Benson; City Engineer Brown; Planning Director Nielsen. Absent: Commissioners Pisula and Rosenberger. APPRO V AL OF MINUTES Turgeon moved, Foust seconded to approve the June 18, 1996 Planning Commission meeting minutes as amended on Page 2, Item 3, Paragraph 1, Sentence 3, change "outraged" to read "extremely concerned." Motion passed 4/0. Chair Borkon abstained. 1. 7:00 P.M. PUBLIC HEARING - SETBACK V ARIANCE/V ARIANCE TO EXPAND A NONCONFORMING STRUCTURE Applicant: William Jensen Location: 4880 Rustic Way Chair Borkon announced the case and reviewed the procedure for a public hearing. Planning Director Nielsen presented an analysis of the request. Mr. and Mrs. Jensen appeared at the meeting and informed the Commission that their surrounding neighbors were not opposed to the variance request. Chair Borkon opened the public hearing at 7:16 p.m. Hearing no public testimony, the public hearing was closed at 7: 16 p.m. Commissioner Turgeon inquired if the Jensens would have any problem with angling the deck to comply with the side yard setback requirement. Mr. Jensen expressed his willingness to comply with that requirement. Turgeon moved, Lizee seconded to approve a setback variance/variance to expand a nonconforming structure for William Jensen, 4880 Rustic Way subject to staff recommendations to include the angling of any future deck to comply with the side yard setback requirement. Motion passed 5/0. Chair Borkon explained this case will come before the City Council for their consideration on July 22, 1996, at 7:30 p.m. 2. 7:15 P.M. PUBLIC HEARING - SETBACK VARIANCE Applicant: Cheryl Johnson Location: 5785 Eureka Road " II PLANNING COMMISSION MEETING JUL Y 2, 1996 - PAGE 2 Chair Borkon announced the case and reviewed the procedure for a public hearing. Planning Director Nielsen presented an analysis of the request. Cheryl Johnson was present at the meeting. Commissioner Lizee noted she had been contacted by Ingrid Schaff and Tom Kelsey at 25605 Smithtown Road who stated they heartily approve of the improvement and wish Ms. Johnson many happy years with the garage. Commissioner Lizee stated she would join in that approval. Chair Borkon opened the public hearing at 7:28 p.m. Hearing no public testimony, the public hearing was closed at 7:28 p.m. Lizee moved, Turgeon seconded to approve a setback variance for Cheryl Johnson, 5785 Eureka Road. Motion passed 5/0. Chair Borkon explained this case will come before the City Council for their consideration on July 22, 1996, at 7:30 p.m. 3. 7:30 P.M. PUBLIC HEARING SMITHTOWN WOODS PRELIMINARYIFINAL PLAT Applicant: Location: Clint Carlson and Brian Ohland 25895 and 25865 Smith town Road . Chair Borkon announced the case and reviewed the procedure for a public hearing. Planning Director Nielsen presented an analysis of the request. The applicants did not appear at the meeting. Commissioner Turgeon inquired if a tree preservation plan had been developed. Nielsen confirmed that issue had been addressed. Chair Borkon opened the public hearing at 7:39 p.m. Hearing no public testimony, Chair Borkon closed the public hearing at 7:39 p.m. Commissioner Lizee asked if Lots 1 and 6 were currently the subject of a Contract for Deed. Nielsen stated his understanding one of the lots has a mortgage or another interest in the property, however, Mr. Carlson does have clear title to his property. This would also be investigated as part . of the development agreement to ensure clear title exists on the properties. Commissioner Lizee asked if the driveways of Lots I and 6 would front Kelsey Drive or Smithtown Road. Nielsen stated there is no ordinance which would preclude use of Smithtown road, however, staff would discourage use of that particular roadway. He further stated that could be incorporated in the staff recommendations. Chair Borkon asked Nielsen to address the issue of drainage, erosion control and storm water run- off. Nielsen explained the proposed plan for drainage as well as screening and buffering along Smithtown Road. Kolstad moved, Turgeon seconded to approve the preliminary/final plat . Smithtown Woods for Clint Carlson and Brian Ohland, 25895 and 25865 Smith town Road, subject to staff recommendations, as well as the requirement the garage on Lot 1 be moved and that driveways front on Kelsey Drive. Motion passed 5/0. Chair Borkon explained this case will come before the City Council for their consideration on July 22, 1996, at 7:30 p.m. . . PLANNING COMMISSION MEETING JULY 2,1996 - PAGE 3 4. SIMPLE SUBDIVISION Applicant: James Anderst Location: 6020 Chaska Road Chair Borkon announced the case and requested Planning Director Nielsen present an analysis. He explained Mr. Anderst proposes a subdivision into two lots. Nielsen stated the applicant is not aware of the recommendations at this time. Mr. Anderst did not appear at the meeting. Commissioner Turgeon stated she would be more comfortable having the applicant's input on the staff recommendations and requirements and suggested tabling the request until the July 16, 1996, Planning Commission meeting. Chair Borkon was in agreement. Turgeon moved, Foust seconded tabling the request for a simple subdivision by James Anderst, 6020 Chaska Road, to the July 16, 1996 Planning Commission meeting, at which time the applicant's appearance is requested. Motion passed 5/0. 5. PUBLIC HEARING - REZONING FROM R-1A TO PLANNED UNIT DEVELOPMENT (P.U.D.) FOR WATTEN PONDS (Referred by City Council on May 28, 1996) Applicant: Dahlstrom Abingdon L.L.P. Location: 5340 and 5370 Eureka Road Chair Borkon announced the case and reviewed the procedure for a public hearing. She explained the Planning Commission had taken public testimony on this case in the past and requested public comments not be repeated and that only new information and concerns be addressed. Planning Director Nielsen presented an analysis of the request. In addition, City Engineer Larry Brown addressed the engineering aspects of the case. Charles Dillerud did appear to address the Commission. He stated the developers do concur with the staff recommendations. He stated with regard to the NURP pond location, there are three alternatives which they intend to offer to the Watershed District. Mr. Dillerud stated many changes were made to arrive at a plan for 10 units versus the plan for 12 units which was originally presented. He commented fmancial compromises had been made by both the Wattens and the developer. Mr. Dillerud reviewed the revised plans for this project (as detailed in his letter dated June 13, 1996). Chair Borkon opened the public hearing at 8:47 p.m. Kate Lynch Bix, 25545 Orchard Circle, presented a model to show the topography of the area. She expressed concern for the high quality of the environment in the subject area. With regard to utilizing the existing wetland as a holding pond, Ms. Lynch Bix stated the Watershed District would not support that idea. She did consult the Comprehensive Plan and pointed out that in the past, wetlands have been used as sediment traps and all new developments shall be required to construct sedimentation ponds to the NURP ponding standard. City Engineer Brown stated with regard to utilizing the existing wetland as a NURP pond, the Comprehensive Plan did adopt a statement that NURP ponds are recommended for new subdivisions. He stated the Watershed District had indicated there would be room for trade offs. Brown further stated storm water run-off calculations will be reviewed with regard to rate control and nutrient removal. PLANNING COMMISSION MEETING JULY 2,1996 - PAGE 4 Judy England, 25555 Orchard Circle East, stated her agreement with the comments of Ms. Lynch Bix. She spoke with respect to the Type 1 wetland stating it is an abandoned wetland and is meant to be that rather than a graded shallow area which is only filled in the early springtime. Ms. England referred to the Wetland Resource Book which is provided by Hennepin Parks. In addition, she felt if a couple of the proposed lots were eliminated, the water and sewer lines could be accommodated. Pat Larson, 25535 Orchard Circle, commented she felt the plan is moving in the right direction. She spoke with regard to the average lot size which has increased somewhat. She stated even if the average lot size of the proposed development is close to that of the surrounding neighborhood, the development would not be consistent with the size of the homes in the surrounding neighborhood. Ms. Larson felt in considering a P.U.D., the proposed project should match the surrounding neighborhood. She stated her belief the property could yield only six buildable sites due to the present wetland areas. In addition, she stated it was her impression it would be contrary to City code to utilize wetland areas as holding ponds. Nielsen informed the Commission the project is consistent with the density regulations of the Comprehensive Plan and is actually on the low end of that regulation. In terms of the existing zoning district, this actually averages out closer to the R-IA requirement than the previous plan did. City Engineer Brown stated the applicants can certainly provide a NURP pond and pretreat that prior to entering the wetlands although this would involve some trade offs. Jim Marshall, 5320 Eureka Road, expressed concerned regarding the effect this project will have on surrounding property values. He also voiced a concern regarding the Type 1 drainage pond which abuts his property to the north of the subject site. With respect to surrounding property values, Nielsen stated his professional opinion that property values would not be adversely affected. He further stated this issue could be referred to the tax assessor for his opinion if the Planning Commission would so desire. The City strives to mitigate the kinds of things which would affect property values such as the proximity of two homes, creating buffers, and things of this nature. In many cases, property values actually increase which does result in higher taxes. Doug Miller, 25525 Orchard Circle, gave his three minutes to Greg Larson. Greg Larson, 25535 Orchard Circle, did not feel a P.U.D. would be advisable on the subject site. Mr. Larson displayed a diagram which represented an area where he felt a P.U.D. would be acceptable. He further commented that a P.D.D. would not be acceptable on the subject property due to the fact it is a heavily wooded area with an existing home which would need to be worked around. In addition, Mr. Larson expressed his opinion it would be favorable to have fewer houses on the property. He displayed a sample development under the current R-IA zoning which allowed for six homes including the existing Watten home. Mr. Larson displayed the requirements for a P.U.D. as outlined in City Code 1201.25 which indicated the P.U.D. must result in a more desirable environment than would be possible through the strict application of zoning. Jerry Bix, 25545 Orchard Circle, asked if all of the Commissioners had walked the property and observed the lot lines prior to making this decision. Commissioner Foust stated he had not had an opportunity to walk the property, however, he is familiar with the area. Roger Champa, 25500 Nelsine Drive, commented he does not have a problem with anyone developing their own land, however, there are rules and regulations in place which should be . . PLANNING COMMISSION MEETING JULY 2,1996 - PAGE 5 adhered to. He expressed concern regarding continual exceptions to the existing rules and regulations. Duwayne Laurel, 5595 Eureka Road, stated with the exception of the wetland in the northwest quadrant, he is unable to discern any other changes in this proposed project. He stated the setbacks are the same and the houses are still big. Carrie Dorfman, 25845 Birch Bluff Road, suggested the Planning Commission obtain plat drawings which would include all deck space as well as any possible amenities. Nielsen stated the development concept plan does reflect typical houses on it and reflects the size and style of the houses. This plan also includes the driveway grades and tree removal which would result from the location of the houses. With a P.U.D., the City can require a conservation easement over trees. This could not be done under the current zoning. Chair Borkon inquired who would determine what size house would be appropriate on a particular lot. Nielsen stated this would be addressed in the building plan review and that the setbacks will dictate the size of the house. He further stated Shoreland restrictions will also influence this. Nielsen also explained if a specific area is identified to be preserved, it would be preserved through the P.U.D. . Greg Larson, 25535 Orchard Circle, asked to clarify some concerns with respect to the Type 1 wetland. Mr. Larson displayed information which was sent to the Watershed District. He also requested that a decision be obtained from the Watershed District prior to the Planning Commission making a decision on this matter. Mr. Larson explained that the Watershed district would require an application from the developer in order to make a decision. Nielsen stated the Watershed District would prefer the City make a decision prior to the District's review of this matter, however they could consider it simply on the application of the developer. Kate Lynch Bix, 25545 Orchard Circle, informed the Commission she had been in contact with the Watershed District several times as well as the DNR and the Army Corp of Engineers. She stated her understanding there are a number of overlapping responsibilities. They would have looked at this plan had one been submitted to them to consider. Mr. Dillerud said he resented some of the statements made during the public testimony and stated the developer is required by the Watershed District to submit wetland delineations completed by a state certified wetland delineator. . Chair Borkon stated the Planning Commission has a responsibility to go through all of the stages of the process to ensure the Commission addresses any issues which they have corrunitted to address and to do their job the best they can for the benefit of the community. Hearing no further public testimony, Chair Borkon closed the public hearing at 9:43 p.m. and recessed the meeting at 9:43 p.m. The meeting was reconvened at 9:50 p.m. Commissioner Kolstad stated the amount of available land is 14.7 acres and of that, 4.9 acres is wetland which leaves 9.8 acres available on which to build houses. She asked for clarification on this issue as some felt there was room for only six houses, when there is actually room for nine. Nielsen explained this is a density issue. The Comprehensive Plan states both lot size and density must be a consideration in reviewing the building requests. Commissioner Kolstad clarified her understanding that the nine acres available for building could not be utilized under R-IA because the configuration would allow only six houses, leaving three acres which could not be utilized by the owner for houses. A P.U.D. would allow for a full use of PLANNING COMMISSION MEETING JUL Y 2,1996 - PAGE 6 the nine acres for building and also allow for rules and guidelines to be put in place which would make the best use of that property. Nielsen added that the City would gain a higher level of control than they would have under traditional zoning. Commissioner Turgeon asked if the Type 1 wetland would need to be changed to Type 3 to enable it to be used as ponding. City Engineer Brown explained that based on his understanding from the Watershed District, the change in the wetland designation would have to have significant value to wildlife for the district to allow the impacts of the storm water to the pond. From the Watershed District's viewpoint, if the creation of open water is an amenity to the environment, then they will allow the impacts created by allowing storm water into the pond. Brown further stated the Watershed District is the responsible governmental unit. Commissioner Turgeon also inquired if the contour is larger than delineated, what impact would this have on the project itself. Brown explained the Watershed District has a set procedure for determining the exact boundary. In the event of a discrepancy, the Watershed District will be the determining authority. Chair Borkon asked if a NURP pond is not established and the existing wetland area is utilized for run-off, how would that affect the existing wetland area. Nielsen stated his belief it would change . from a Type 1 which is periodically flooded to a Type 3 which consistently contains standing water. Chair Borkon stated her understanding that each type of wetland serves a different purpose and if the Type 1 wetland is changed to a catch basin, it would then become a Type 3 and utilize NURP standards as if it were a NURP pond and it is then no longer a wetland. Nielsen explained the standing water will begin to develop aquatic vegetation. Commissioner Turgeon noted she did not see any lots which reflected increased rear yard setbacks. Nielsen stated rezoning to a P.U.D. to some degree opens the setback issue to negotiation. There are opportunities on several of the lots to obtain a greater wetland setback. Commissioner Turgeon stated there was controversy on the amount of trees being removed. Nielsen explained there is a tree inventory which indicates specific trees and locations which will be removed. In addition, Turgeon pointed out a deck which was going back to the setback. Nielsen stated that as a part of the next level of review, this issue could be reviewed and a determination made as to the best course of action. Commissioner Foust stated he was struggling to balance what the best development of this property would be, a P.U.D. or piecemeal development. Nielsen stated control would be lost with traditional zoning. Foust further stated he can appreciate the neighborhood concerns and apologized for not walking the property, however, he has driven by the property and is familiar with the area. . Commissioner Lizee related her feeling that a P.U.D. would be appropriate based on the restrictions and covenants which could be included. Chair Borkon stated her agreement with a P.U.D. and added she feels comfortable that a P.U.D. will give the community the best opportunity to develop the land in a way that eventually will be an asset even though the property will not remain the same as it is today. Chair Borkon commented she was struggling with the water run-off issue and asked if the Planning Commission should wait for a decision from the Watershed District. Nielsen stated there would need to be a condition that this issue is subject to the approval of the Watershed District. Chair Borkon stated she would feel comfortable with the issue coming back before the Planning Commission for review once it has been before the Watershed District. ..-,. .... PLANNING COMMISSION MEETING JUL Y 2, 1996 - PAGE 7 Commissioner Lizee inquired at what point the restrictive covenants could be included. Nielsen stated that could be done at the final plan stage. Commissioner Foust stated he was still struggling with a P.U.D. versus the current R-IA zoning. He was not convinced a P.U.D. would give much more authority and added that six lots would be less intensive. Commissioner Turgeon pointed out the City Council and the Planning Commission had already indicated a P.U.D. would be preferable. . Council Liaison Benson stated there wasn't a consensus, however, the Council had a problem with the lot size and a problem with 12 houses and wanted to see something more in the area of 10 homes. He further stated he felt there would be something to be gained by utilizing a P.U.D. Turgeon moved, Lizee seconded to approve the concept and development plan for Watten Ponds P.D.D. based on staff recommendations and contingent upon delineation and approval from the Minnehaha Creek Watershed District, a 30..yard easement, tree preservation, the addition of mesh and wood chips in construction areas to avoid soil compaction, and an increase in rear yard setbacks to Lots 4 and 5, Block 2, and any others that can handle the increase. Once approvals or recommendations have been obtained from the Watershed District the issue shall be brought back to the Planning Commission for review. The applicant shall agree to hold the City harmless for failure to complete the installation 0 f watermain lines by a specified date. Commissioner Kolstad thanked the residents for presenting their information and concerns which helped to mitigate the concerns which arose out of the development. She stated she would be in favor of a P.U.D. which is fair for the owner and the City and would minimize the impact on the area. Vote on motion: 5/0, motion passed. A consensus was reached to have the matter come back before the Planning Commission once the issues are addressed by the Watershed District. Chair Borkon thanked everyone for coming and expressing their concerns and also thanked Mr. Dillerud for submitting changes to make the project feasible. . 6. MATTERS FROM FLOOR - None 7. REPORTS Commissioner Kolstad stated the Snowmobile Task Force Report has been issued and briefly reviewed the recommendations the Task Force will be making to the City Council on July 8, 1996. Commissioner Foust suggested adding this information to the web site. Engineer Brown advised that the addition of a lengthy document could possibly slow up the web site considerably. Commissioner Lizee noted that the City of Tonka Bay was revisiting their ordinance with regard to undeveloped lake shore and the addition of accessories and suggested this may be something the City of Shorewood should also consider. Nielsen stated there are many violations which are noticed and then remedied and, therefore, do not come before the Planning Commission. He suggested the creation of a status book which would contain a copy of all violation notices which the Commission would be able to review. PLANNING COMMISSION MEETING JULY 2,1996 - PAGE 8 Nielsen reported with regard to the Southshore Senior Center, in going through the plans and the review processes, the Watershed District became involved and required, because of the parking lot improvement, that a NURP pond be built. City Engineer Brown displayed a diagram and explained the situation. Council Liaison Benson reviewed the actions taken by the City Council with regard to the Southshore Senior Center. He further stated emergency repairs have been made to the Shady Island bridge to allow for an axle weight of approximately six tons. It has been determined that five A-beams have rusted through. Commissioner Foust noted the Lake Minnetonka City Council received testimony with regard to the future needs of cable communications. 8. ADJOURNMENT Turgeon moved, Lizee seconded to adjourn the meeting at 11:35 p.m. passed 5/0. Motion RESPECTFULL Y SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off Site Secretarial .. ... -. . . , 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 20 June 1996 Jensen, Willie - Setback Variance 405 (96.12) BACKGROUND . Mr. Willie Jensen has requested a setback variance to build a second story room addition on his home at 4880 Rustic Way (see Site Location map - Exhibit A, attached). The property is zoned R-ID,Single-Family Residential and contains approximately 37,395 square feet of area. As can be seen on Exhibit B, the applicant's existing home is nonconforming with respect to side yard setbacks by 1.25 feet. As shown on the attached building plans, Mr. Jensen proposes to extend the pitched roof of his house over an existing tuckunder garage which now has a flat roof. In doing so he proposes to expand his existing living room over the existing garage. To do so requires a setback variance of 1.25 feet. Mr. Jensen's request letter is attached as Exhibit C. ANAL YSISIRECOMMENDATION Based upon review of the applicant's plans and the criteria set forth in Section 1201.05 Subd. 2 of the Zoning Code, the variance request is considered reasonable. The following factors support the variance. 1 . Lots in the Manor neighborhood were originally platted substantially smaller than current zoning requirements would allow. A common practice at the time was to buy enough lots to build the desired home or cabin. Older homes, and particularly cabins were situated paying more attention to natural features (this one was built on the high ground) than to property boundaries. This is somewhat common for lots in the Manor. Just as the applicant's home is shifted to the right side of his property, the home to the west is shifted to the right (see Exhibit B) and the home to the north is located on the right side of its lot. All of this goes to the character of the neighborhood, and the fact that the proposed addition will not alter the character of the neighborhood in which it is located. A Residential Community on Lake Minnetonka's South Shore 5A . . Re: Jensen, Willie Setback Variance 20 June 1996 2. This shape of the lot is such that the side lot lines taper toward Lake William. The front of the house is very close to complying with the lO-foot setback requirement. The angle of the lot line reduces the setback at the back comer of the house. 3 . The variance is not considered to be economic in nature. 4. The 1.25-foot variance allows the applicant to expand the relatively small living room in the house. It should be noted that since eaves are an allowable encroachment, the proposed roofline change would be allowed without a variance. 5 . The applicant's lot is relatively large for the area in which it is located while the house is relatively small. The 8' x 14' addition is considered to be a reasonable use of the property. 6. The Code requires a 30-foot total side yard setback for lakeshore lots, with no one side being less than 10 feet. Although the house is 8.76 feet from the northeast side of the lot, it is over 60 feet from the westerly lot line. Based on the preceding, the variance would allow the applicant to make reasonable use of the property. It is recommended that the variance be granted. It is further recommended that the future deck referenced in the applicant's letter be jogged or angled to comply with the side yard setback requirement. cc: Jim Hurm Tim Keane Willie Jensen 2 I I : ~ I ~ . I ..... ~ : 2- I EAST ......... ". : .........420. "" ____,.,., ...':'...------~--103.S2 :.,....:, ~ . =..~ 1117.09 :, I 0 F Ti I {R , ~ ~~FEI..C ~:" \ ~ ...~ ~ !< . , .'...." - \. " . i. .: ~:~.} <t""..... '" I · . ~~, r' ~ ~~:\ ~ / '':.u:t' ~.\ ~ ...~ ~, 'Of' _, .....1,. ~~ , , . " ~....~ ....... - . "\..:-- ;g 7016. 3 ////'----1-- I I , 20: , I I (66) ; I I I , ....... 147......., I I , - ----- 5 (74 (75) 5 57) ~\Jbj~-t '6\40~ .\ A Exhibit A SITE LOCATION . Jensen - setback vanance ~ C hS > \"'S.J t' f II \ L. .... :~ 9' \ 1 I ( F- ~~ . N \ " (\/ 1-'::: ~ ~ r \ '--\ J fjo I 1 Y ) . . . . ~rt~/ .. ,.. ,,~, r i '-: -_/ ...\...!. ~ -~~ 1." ,:'~ ~ -' V,}i~"', /,;/ "'I \1 'c-- : ;./'1 \ \ li,,\ - , ': ";;;"_ \' IV,:, .' -'./ I . : ~ , ". ,.,,'- ~';.>J , .- /1.]of2iJ.l _ . ":\ ~~I\ "1 ~ :.. . I. . I ~'.: ..,I \ " ~ -- . , . , ' '-.>--l ~_ ~:,; ~ ':'~. '" " ;' < r V'" \'::- ,:\' .': -!' i',:: .}' \ .......J -0 .,. , . .,. \: \, L-I '~;;L" \ ~~:::- ~r'. . N \ ' \ \N \ , ,., o . , ~, , j--- "'~..'; ~" -- Y;{ /,/ !1 (i : \..' .,;:=.~l~ ~~ '(s. - >- '~~ ~ ~ '- - P'r~ -I I " i.... ,AdJ ,\'\O .;.V~ ..~ , ,.r- ~~ ",~ IVOrE !JikJ::. C 0 I\l C. 1\(:: T E I'9AI-. of: ;Y1f /IIh::l"lsor~/Qc,.;/7; A f"'c ;:~ d -!./;,uC.!rcs A./o;'" /~A.lTA3 - JVy LANe Exhibit B SITE PLAN . . First of all what I'm trying to do is change my roofline to make it more uniform and eliminate a flat roof over part of my basement. This would add about 100 square feet to my living space. This project has been planned for many years. The frost footings for the proposed deck were poured at least 15 years ago. To do the addition without the variance ofless then 2 feet would make this very impractical as the load bearing wall would be offset from the concrete basement wall and the floor joists would have to be run in such a way that I would have no room for the heating ducts. The bottom line is if I had to set back the easterly wall it would make this project very impractical and unsightly. The only neighbor who has any view of the proposed addition is Dan Austin who owns the adjoining property and he thinks it is a good idea and has no opposition what-so-ever. &L- ~ d~ William Jensen 4880 Rustic Way Excelsior, MN. 55331 ~ A~~ I ..11 ~Lk o~ /tJ ~r J.e.ss ,:hcl,v7 Jdt-f~ "/i15 ".0/1,1/'::;//1() $~ .('ultJ~s.. I j vi .fiT ilL t,~ e. II-e- /~d-s tJ~r~ ckl'lJ# / /~A/~ T . .. frt0tJ & {/Ar/,,9tt.Jc€ b./"vlof"-e "r~ftl"p' c..j~ f}~~'t:. hr<:. lAe pl"C:p os~j ; ,. d~ e-I<:. 1.5 AJ(J t tJ,u 'fA e p 1/1 ~ .. 4#P qt/tJ~/loAJ;' tJtd '/l/} '/o;;/l5~ C.A / / ~~-/~ f? 'I' - fJ ~;j-J Exhibit C APPLICANT'S REQUEST LETTER ~, ~" 2 , J .>> ~:1. tDal 1)- :: j tVu... ~<l - - oQ '" ~ J\ .l 0 1.~ : ~:l :1 u ~~ \\ - ~ F: o ~ !i\") :.d ~ I .d a - - $(1) ~~ D z& II ~.. "" 1 :r >-'.J I, <1 ~ \ J 3~ u.C \ - ') \ -1 .() -;8 at ~ ,,-~ U- 5~ ~() It I I \ .. .' ~a , ~ l ''':)'0,.Ci')' _ ~c,t 4:111CZ JI. tJ ~ \ 'I ill ~ II I I II I !I . \ -I ;' ""I. ~ I ~ ~; ." '- ~ li ~1 \-- ~~ " -l 3~ !;~ A <J) ----l ~ . 1. t\)~ Otl j ~!) u:i >l ~' ..l ~~ ~ (:~ ~ iP~ ~y - \P' ~" ~: ~. ~ - -.{\ Exhibit D FOUNDATION PLAN ~ V 'U L::,) : Q :1. -~ - ~- ~ --- '. x ,,0 ~ ,-v\------- -- - ~ B ";1. - ~ 0- 't\ " , '" " ~ Q :.j:: ~ ,-- ~~ ~ C'L. ~. ~ ~- ~ ./l-_iu_: !i\ - I ?D I r . I , -~- ~--! "( '., I ~ ~ I Exhibit E PROPOSED FLOOR PLAN 1 J 0- orz, I' , t I I . -----"ir- i I TO I "t i ----,- .. . J. ~ ti: ~. ~ ~ J 011 r i~ Exhibit F REAR ELEVATION - EXISTING ..... w '" . . ~~ 1:t ~1 t , ,t J 1 t ~ ~t .' I I . Exhibit G REAR ELEVATION - PROPOSED ,-... . > CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 :MEMORANDUM . TO: FROM: DAlE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 20 June 1996 Johnson, Cheryl- Setback Variance 405 (96.13) BACKGROUND . Ms. Cheryl Johnson has requested a setback variance to construct a detached two-car garage on her property at 5785 Eureka Road (see Site Location map - Exhibit A. attached). The property is zoned R-1A, Single-Family Residential and contains 21,735 square feet of area. Exhibit B shows the location of Ms. Johnson's existing home_ and the proposed garage. The garage, shown on Exhibit C, measures 22' x 24' and is proposed to be constructed at the end of the existing driveway, 10 feet from the north property line and 10 feet from the rear lot line. The request necessitates a 40-foot variance to the rear yard setback requirement. The applicant's request is explained in her letter (Exhibit D), dated 4 June 1996. ANAL YSISIRECOMMENDATION Variances are to be evaluated on the basis of Section 1201.05 Subd. 2 of the City Code. The applicant's request appears justified based on the following factors: 1. The shallowness of the lot (96.6 feet) precludes any construction on the property without a variance. The 50-foot front yard setback actually overlaps the 50-foot rear yard setback. As a consequence a half-acre lot is left with no buildable area 2. The need for the variance is not economic in nature. 3. A two-car garage is commonly enjoyed by most residential properties in Shorewood. Some cities go so far as to require at least a two-car garage. 4. The applicant did not create her hardship. Both the house and garage were created prior to current requirements, and the property has never had a garage. A Residential Community on Lake Minnetonka's South Shore 5E> ... . . Re: Johnson, Cheryl Setback Variance 20 June 1996 5 . The City has in past cases recognized that the inability to have at least a two-car garage in Minnesota constitutes a hardship. 6. The proposed garage is a standard size for two cars and is not in any way oversized. The applicant has located the garage, per staff direction, so as to be at least 10 feet from the north and east property lines. Based upon the preceding, it is recommended that the applicant's request be granted as presented. cc: Jim Hurm Tim Keane Cheryl Johnson 2 . 'V . I ~ g It> 8 ,., .. ( 14) ... ( 13) f "'I '" I ~ 61 ( 14) - I 15:) 111.5 I~ a:: 1.0/ "-' ... "r. ~ "" 8 I (2 I) j,.r L 10 : I~ 05) ,.., ~; ,.., ~: ; In W ex: Ii") N ,...; ,... 10 '" ... '" ~.. 16 18 em 10 (48) 161.01 16 ~ ('31) ~ II (4;;) (46) ~_.- ........... ..? . ----- ---------- (48) 'T"~ ..... I .,~. ~ I'M "'9 5 ( 19} , I I I I ~OJ~ifK~ I I t~b';+t -:, a I . f. .;~/ I , , I I I I I ( 18) 100 9V 6 (21) ~ 1 ( 2'3) -0 ~ e ( 24) s; .~ '4 ' :':t' I " i' , .... ,.;, 10 ~ 0 '''-' ~;; "I':vS n ,Ii .100:' n ex: .. ( 16) ( ZJ) -------------------------J 3 I . 2 ( 15) (32) r-....../?'~~):J>. ~. .,. @ Exhibit A SITE LOCATION Johnson, Cheryl- setback variance ~ . , as tle lID is 'Jt 1S, ad ad to :al ,er :1g lal . . I I j V.. I IiORTJ.i LINE. OF' T Cl HE: SOUTH '225 7S 01'15"E Fee::t" Or- lo, 4- --"-9,6~ 66 ___ I 33 I r a ~ o cc .~ - ~W/ LO' :v-~ (t) · I.() f~~ z: I 44.3 1J') (V (V H-50' 33 , J.. I " () i: ,(', I.. I ~oGE: OF: l 81 lJflf/Nous -- 9~. 66 ---DRiVe: N7a 01'15"W I -.. 1'!.; 1,-, , I , , , / Sf: 30 r ., EXhibitR BTy SURVEY PROPE . . , , '.1 u: 1______ c' 0 0 I ..... 0 :;.. 0 ~ " . w 0 .1 " . .n ::J <:, 0 '" 0 .,. I.. .. z: (:. 0 u) L ,( ) I 11 , ( z: .( 0 ..... I- ,It. ~ "l 0 ". Z:I..... 00 ""'0 I-Q:; "" >.... W -l -!.n W..oc :x ~ '-.:i ~ I- Z:'" ..... ........ ~ ~ :1:'- .... ..oc.o w .... Q:; 0 0 .... '" 0 z: Q:; l-"'" 0 Z:;.. . (\J 00 <:, .... ~:x '- ....'" '" .0 ., . ,.. (:)u. .,. 0.:.: 1- ~~ :~, ( ) la.1e I.,el ..... ... .(i .~ " W ~ I . . c, 0 0 I ..... 0 :;.. 0 =:1 . . W 0 -l -_._-- . ~ ::J (\1 0 (\J 0 . - .,. '.J ~ ,( z: " 0 ,n . ,I, , I- n " , (,' '1 I Z " II 0 C, .... I I. I- ~ 0 z:\~ 00 .....0 I-~ "" >.... L.l_J _J~ ,......: :x ~ '-.:i ~ .~ l- Z:(\J 1-< ......... ~ ~ :L'- w "':.0 \... 'k ~ 0 0 .... ,~ 0 z . C>< l-..... 0 ---r' z::;.. . (\J 00 .... u::X (\J "- ., ....'" '" ;;;) . ... ". , ,." . " 11',) ... " ;, I........j IoJ__IO !i! :d~ (lll.lt) . -. . -"--_. I I I I . I I ::0 ~ J ~ :' u .1 ij t" ~r :1 I \ 0/; <[ "\ c-- .. "'" -<z (~:.<o :':l..l- ~l5~ "'... :> ... .., "'- ~Z'tL. -'0..... 0-0 a:....u ...-< :"'(1: Ia.JWO w....o "'...0 ~ .r I " 11 ~"! .. if ii !~ ~- I!ll be t.! rl! , I I I I . J I II I ~~ ~ ~~'~~~ w...... a~ ~~ H; InlTt d c. ~ a. .. ... :" R ~~ ~'. ~ t- UVl <z ('XO Zh'- - t- :ilX4: ..;(00:::: ",...::> ... .., Vl- ~~~ "'...u .....: >0: ~~8 "'....Q r~! ~ .1 i~~ -~ t 2 . ~a ~ ~ ~a . = ij t" ir :1 I i a~ a- a .:: . ii !' ~ -'" B l; .. ~ ~~ ";' HI ~ ,I :!i11 ~~~ .J . i ~ ... . UVI c>~5 z....- ~l5~ 0::...::> ... .., VI- "'5'~ 5-5 ",...U ::~~ ........ VI.... .r I I ~t ~!-3 fOli ;1 is 11;1 ;~ id1 :Ie ~nn \ r ! ! ~ i ~ ~ iL11~ l i ~ &~ :~ ~I i:: &0 8 ClI:'" '"'. "".. ~.. ~! ~.!/ n :'5 ~il ~~I i:i t 2 . ! i ~~ ;!i . w.. 11 ....;:.. . ~.. " Q' "",. l,i ~i ': ~ ~1~li ; . 'i .<.~ i~~ .Jg ~ 2 i: ! i is ~= ;~ W~ ~ It':: . "wll. -1/, !/ Ii" <. . , . ;1'- ii rU ., i e: }" ~ l:i ~ ~ ~ 4t ~~ %; " ~ . ~ .... ~; ~ 2 ~li : :!: ...1:;;' Exhibit C GARAGE PLANS , . . . June 4, 1996 Cheryl Johnson 5785 Eureka Road Shorewood, MN 55331 City of Shorewood 5755 Country Club Road Shore wood, MN 55331 To Whom it May Concern, I am submitting a variance application and would like to then submit a request for a permit to build a garage on my property. I currently have no garage. Storing my lawn mower and various other garden equipment has been difficult. not to mention the toll the elements have taken on my car. My property is to shallow to build a garage within the current set back codes, so a variance will be necessary for me to build. I have met with Brad N. at the city office and discussed the basic requirements for variance. I am including all the necessary paperwork and copies required with my variance application. I have located the garage on my survey in a place that doesn't obstruct my neighbors view of my house or the road to the south and least obstructs my view to the north. This location is the most symmetrical in relation to the neighbors detached garage. Also, this location incorporates my existing drive way. Thank you for your consideration with this variance application. I can be reached anytime Monday though Friday at 806-2941 until 4:00 pm and at 470-7870 evenings. CZlf-~ Cheryl Johnson Exhibit D APPLICANT'S REQUEST LETTER 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 21 June 1996 Smithtown Woods - Preliminary and Final Plat 405 (94.21) Last year the City approved a preliminary plat for the Smithtown Woods subdivision (see staff report, dated 30 March 1995 - copied in yellow). The applicant, Clint Carlson, was unable to submit the [mal plat within the six month time requirement, and the approval lapsed Mr. Carlson has now reapplied for preliminary and [mal plat approval. It is worth noting that plans for the construction of the proposed street have been modified in an attempt to save significant trees on the site. . It is recommended that the preliminary plat be reapproved. Staff will prepare a standard development agreement in conjunction with the [mal plat. cc: Jim Hurm Tim Keane Larry Brown Clint Carlson A Residential Community on Lake Minnetonka's South Shore 6C, MEMORANDUM . TO: FROM: DAm: RE: FILE NO.: MAYOR Robert e.an COUNCIL KR$tl Stover IN:e Benson Jennifer McCat1y Doug MaIaI'l'l CITY OF SHOREWOOD 5765 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331-8927 . (612) 474-3236 . Planning Commission, Mayor and City Council Brad Nielsen 30 March 1995 Smithtown Woods - Preliminary Plat 405 (94.21) City waitt. The City Council has directed that all new developuJent be connected to City water where feasible. It appears that water may be able to be extended from the main in Freeman Park, or possibly from an extension along Smithtown Road. The developer should include plans for internal water main within his plat. ~ng the City can serve the property with water, a trunklavailability charge of $10,000 for each new lot will be .. required at the time of final plat. The existing homes would be charged $5000 each. Staff is exploring the feasibility of allowing a delayed payment of DR to three years on the . charges for the existing homes. . 2. Tree PreservationlReforestation. The developers have shown general locations of tree clusters on their preliminary plat (see Exhibit B). There are, however, additional trees on the site which have not been shown on the plans. . 1. It is recommended that the developers submit a detailed tree inventory identifying the size. species and condition of all trees over six inches in diameter located on the site. Based.. upon a proposed grading plan, it will not be necessary to inventory trees in areas which will not be disturbed by grading or utility construction. Those areas will be required to be fenced off prior to commencement of any construction activity. .4 RIO<:irJlOntiJII/ Cnmmllnitv nn LJ!I/a~ Minnflltnnka'g South Shore . . Re: Smithtown Woods Preliminary Plat 30 March 1995 From this inventory the developer must prepare a reforestation plan showing how.1arger trees will be preserved in amlS which will be disturbed by grading. Given the flatness of the site, it is not anticipated that significant tree loss will occur outside of the street tight-of- way. In the next sixty days the City should develop its policy for tree replacement and landscaping. cc: Jim Hurm Joel Dresel Tim Keane Clint Carlson -2- slightly in order to mamtam :lO,UUU square teet or area on l..or J,. . As a condition of 1l'Oval of the plat it is recommended tb' ',e existing driveways which access Smithtowu ..~oad directly be relocated so as to acces.. -Je new street RECOMMENDATION This plat would be subject to delay if the moratorium which is currently under consickntion by the City is adopted. Consequently it is assumed that the Plam1ing Cot1tro;~sion will wish to table the application pending the outCOme of the moratorium. In the meantime the developer should be directed to revise his preliminary p~ showing the change in the north end of the ro8dand the straightened lot line between Lots 1 and 2. Also, the preliminary plat should include a St9~nt that it .shows .a.Il existing easementS and encroa~~ts on the site. It cwrently includes a disclaimer for such items. When a final plat is submitted it should include the following: 1. Detailed grading. drainage, erosion control and utility plans and specifications. iDc1uding stannwater' nmoff calculations.. . 2. Drainage and utility easements 10 feet along each side of each.side and rear lot liDe. 3. &rim.res of consuuction costs for streets, grading and utilities. From these esriTn~ a letter of aedit or cash security will be required to guarantee completion of the improvements. 4. Mylar originals of the final plat for signatUre by the Mayor and Oty Clerk. 5. An up-tO-date (within 30 days) title opinion or title commitment for review by the Oty Attorney. 6 . WaterShed District approval. 7. Lot size certification by the applicant's surveyor. . Re: Smithtown Woods Preliminary Plat 1 September 1994 - page 3 All of these items must be provided 'Within six months of pre1imirtvy plat approval. Once received, staff will ~ a standard development agreement for the project. Prior to Jelease of the final plat, park dedication fees ($3000) and sewer access charges ($4000) must be paid by the applicant BJN:ph cc: Jim Hurm Tun Keane Joel Drese1 Clint Carlson Mark Gronberg Exhibit A RECOMMENDATION FROM 9/1/94 STAFF REPORT ~ t ".I" t t - ..." ..,.~ , - /)' r--1L/ I I 20~ _J 1 S1qf4 /'" ,/ /" / 1/ ~ ,/ ;; /' 40 ~;~ rl\M~ ~ I't ~ .. I 1 i .I '-to 'Ill '" ~ / ", I "9'''' _r... r Sf'" .r lite HE;' .r Sec. -'t. 11"7-23 .-'" ~,t? S) t:.:>'\. . ./ / ",of' .../. ~ . ~. . "'0 . I , U... ' ".~'f"-'.. _HI ';Itf! of the Sf.: J-. cr /A" HE :~ ..r <..~ :J2- 117' 23 \ \ z o ~ ~ III . ( ,/ " .. .. - " ./ ....' Lio~ ,uaumON That part of the So Townshi, 117. lansw '011__: 8..1nni~ tb. Chic.... .ad No ~iaft.apol!. , S~. L aloaf ..1d Northwes the South line of . thence Southwesterl dhhnee of 75 feet d.,r... 06 minute. ..ld center Ii.. In ShH,h_ Manor: tt: lnt.ra.etlon with ~ said Southe..t Quar b..lnnina: t~ne. S bed.lUli... accorib Count7. "In,,..ot., ALSO. That part of the So 32. Towaahl, 117 No d..crlbed .. follow of a.1d Iouth..at Q the Weet 199 f..t 0 thence '.at aloa. .- ol-war line of the ' Northea.terl, a10nl , 153 feet: th~Re. d@ c."terli.. of Smith: to ita inter.ection South to th. point r Thl. aurve, ahow. t: a..er1bed propertie, illIprov.....ta or .nCl Owften: '8rIaa J. Ohland 29.95 a.ithtown Rd. Shorewoed. "1nn, 5$ Clinton A. a Janet'; 201 'e"l"au1aRd. MecUc1neLaIte. "inn "'0 o ~, ~ ,C? 0'" ~ ~~ ...~ Exhibit B PRELIMlN~YPLAT Recommended revisions shown N. 88' '5' 30' E \ ./ , . l" , MEMORANDUM . TO: FROM: DAlE: RE: FILE NO. BACKGROUND CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 . (612) 474-3236 Planning Commission Brad Nielsen 12 July 1996 Anderst, James - Simple Subdivision 405 (96.14) Mr. James Anderst proposes to subdivide his property, located at 6020 Chaska Road (see Site Location map - Exhibit A, attached), into two lots (see Exhibit B). The property is zoned R-2A, Single-and Two-Family Residential, contains 63,237 square feet (1.45 acres) and is occupied by a single-family residence, detached garage and two small outbuildings. The applicant proposes to create two lots. The southerly lot with the home on it will contain 34,930 square feet while the northerly lot will contain 28,307 square feet. ANAL YSISIRECOMMENDATION . The request is relatively simple. Both lots meet or exceed the minimum lot size requirements for the R-2A zoning district. It should be noted that the R-2A district allows single-family dwellings on 20,000 square foot lots and two-family dwellings on 30,000 square foot lots. While the existing home could be converted to two-family use, the northerly lot is limited to single-family development. This may not be an issue since the owner has indicated his intention to sell the new lot to the owner of the property owner of the property to the north. That property is occupied by an existing office building which needs additional parking area. Although the Anderst lot would require rezoning to R-C, Residential-Commercial, correction of the existing on- street parking problem is highly recommended. If this can not be accomplished, the City will have to consider parking restrictions along Chaska Road. .. It is recommended that the proposed division be approved subject to the following conditions: 5b A Residential Community on Lake Minnetonka's South Shore . . . . . Re: Anderst, James Simple Subdivision 12 July 1996 1 . The two sheds on the northerly parcel must be removed prior to release of the resolution approving the division. In the alternative the applicant can provide a cash escrow to guarantee removal of the sheds within 30 days. 2. The applicant must provide legal descriptions and deeds for drainage and utility easements, 10 feet on each side of rear and'side lot lines. 3. The applicant must provide and up-to-date (within 30 days) title opinion for review by the City Attorney. 4. Items 2. and 3. above must be submitted prior to the request being scheduled for Council review. 5. The applicant must pay the following fees for the new lot: . Park dedication . Local sanitary sewer access . Water trunk charge *applicant may petition to have charge assessed 6. The applicant must provide and record a protective covenant advising future buyers of the new lot that additional water assessments will be imposed at such time as water is made available to the site. $1000 $1000 $5000* 7 . If the applicant chooses to have the new lot combined with the property to the north, the easement along the northerly lot line is not necessary. Nor do the fees and water issues apply, since no new lot is created. cc: Jim Hurm Tim Keane Larry Brown Jim Anderst 2 ..... 120"'~ :.... I I : / "fi -, : ~i:Tk~~~t<~; f /7 / ~ 10:! / : ~ (29) ... I UJ -oJ 0.. :.....----.. I . ( 18) IVl 210 :,...........-... 25:1.............. . : ( 19) , ---------------j-------------------- . JOO :S (20) :' ~ . . . . . (31) )Q ~------------------------- :S (ZI) . 0'.4"'-. J .:- i6e (8) 1" --- 200' , . , , I -" , , , I , I _.. I -4 !,.. ~ (10) :~ < 9) : , : , , , , . , ....' I ~,~~: I .. .,..'.- S6i:... :' ~:~ 'J':~'-"~ ~'~ -........? /"" ....~ (28) ""'" ( 5) (%.'1) <;N.. ;70 \ to) '~ eo n'5 _. 11\4 Exhibit A SITE LOCATION Anderst - simple subdivision T . . . .. ~;\ < - c ... ~!:i: ::. ;;~i~'^!'E5'O~~~ :;: g~.'~'C'-!~~-::::El ~ on "";; -~ ~ " ., E ::: '0_ VI !~~'o':"-"'~3_ 0 (!j -:.h~,H;;::~~~ 1V~::"'_"'~=g_ ..........-= ~.:::-.C;.~. U :'"" Ut...., QI '" :; 0 V..o :: ZI-oe t i 4' . ~i;.:~~it!:.'O .-1 (I._ a <<:I ~ c: 05 C""",: 4- v< 1.= C7\7r-:.. .:....'>t ~--:j ~, t-....., . "'., ',) .;;.,!"" ,Ii -=. ~--:.~\ ~ t:>" -! i--,_ ' '.' ) Iv / / I / CDr wi 'Ill .~:!~1 ::/ hi i / ,{~--r- (:A' ..I ;. n " I 1~' ,v~'" ,,~._~:' _ ',' f ~ ), \ ' -!7J~ , " 'I I" ., I', I \. " . I ~ .~ , I \I. i "t." ',;;., , ~ ciOei'i-.1-' :...~.: -\-.- .." .,;:..... .. -3~ ~.~ ! r~ 8 "" .. li'~ g ~- . .' 41 .. .c=:~ 0.- .- ;a_ ~ Q-; ~~ d I I Q ~ . " I >] '~~: :.~-/ ~":.~ ! / ! ~~ ~ "J., \~ _._~ ." --..-- \ ,',., (~i~; ;/ '. :r ~_ :,";- . ,.) r............... / . 1/1 j ~ 4 .J..' Is;. C({ t I d. I l\ :.z Exhibit BED DIVISION PROPOS ~ ". MEMORANDUM CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612)474-3236 TO: Mayor and City Council In June of this year a zoning violation letter (see Exhibit A) was sent to Mr. Scott Cabalka, advising him that a dock on his property was in violation of Shorewood's Zoning Code. His attorney, Mark Kelly, responded on 24 June (see Exhibit B). We then forwarded an application for an official appeal to Mr. Kelly (see Exhibit C). In my letter, dated 12 July 1996, I provided Mr. Kelly with the evidence we have to date, indicating that the dock violates the Zoning Code. I also advised him that if he needed additional time to compile his own evidence, that the matter would be scheduled for the 22 July Council meeting. Mr. Cabalka has indicated that he will make a formal application by 6 August, which is the deadline for the 3 September Planning Commission. It is recommended that no further legal action be taken until after 6 August. If Mr. Cabalka does not submit a complete application, along with supporting evidence of his case by that date, it is recommended that the matter be turned over to the City Attorney for legal action. If you have any questions relative to this matter, please call me before Monday night's meeting. . FROM: DATE: RE: Fll..E NO. . Brad Nielsen 18 July 1996 Cabalka. Scott - Zoning Violation Appeal 405 (96.18) cc: Jim Hurm Tim Keane Scott Cabalka Mark Kelly A Residential Community on Lake Minnetonka's South Shore :It~ '. . . ~ r'; -~ r: ~ rr \ i~ ~ f! l E. E"L\,...diLG...litJ u u D ......... --.. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927 · (612) 474.3236 20 June 1996 Mr. Scott Cabalka 5321 Golden Valley Road Golden Valley, MN 55422 Re: City Code Violation Dear Mr. Cabalka: Due to recent inquiries and complaints, it has come to our attention that a dock has been constructed on property you own, in violation of Section 1201.03 Subd. 14 of the City Code (Regulations Applicable to Shoreline Property). A copy of the Code section is attached for your review. This is toadvise you that the dock must be removed no later than 8 July 1996. The City of Shorewood does not issue permits for residential docks, however, it has adopted, by r 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 r 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.. Failure to comply with these regulations will result in the City taking whatever action may be necessary to correct the violations at the property Qwner's expense. Your property will be reinspected for compliance after 8 July 1996. If you wish to appeal this matter to the City Council, you must do so, in writing, before 8 July 1996. I will be out of the office until! July. If you have any questions relative to this matter please do not hesitate to call me after that at 474-3236. CITY OF SHOREWOOD ~~)~~ Bradley J.cMiefsen Planning Director cc: Tim Keane e.)(hi b,+ A A Residenrial Communtry on Lake Minneronka ':; Sour/' Shore . . ~". KELLY LAW OFFICES Established 1948 351 SECOND STREET EXCELSIOR, MINNESOTA 55331 MARK W. KELLY WILLIAM F. KELLY (1922-1995) (612) 474-5977 FAX 474-9575 June 24, 1996 Mr. Bradley J. Nielsen Planning Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE: lll~eged City Code Vio~ation Caba11ca Christmas Lake Road Property Dear Mr. Nielsen: I represent the Cabalka family. Your letter of June 20, 1996 demands that they remove their dock from their Christmas Lake lot. The letter also allows that the structure may, in fact, be a legal nonconforming use "grandfathered" under the city code. Please be advised that my client's dock predates the adoption of the ordinance section in question and has been maintained on the property since on or about 1955. As such, it is a legal nonconforming structure with which the city has no right to interfere. If however, the city insists on pressing this matter my clients will defend and in addition assert their constitutional rights. It is our hope that on review your office will find that this matter does not merit further attention. If however, you can conclude that this should be pursued either by criminal prosecution or civil claim, be advised that this letter constitutes a notice of appeal to the city council of such action. Sincerely, -~-y:-~/~~ Ma" W. Keely ~ MWK:ek ec: Cabalka E-)(h;b~+ ~ . PROPERTY filE . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331.8927 · (612)474-3236 12 July 1996 . :Mr. Mark Kelly Kelly Law Offices 351 Second Street Excelsior, ~ 55331 . Re: Cabalka Zoning Violation Appeal Dear:Mr. Kelly: This is in response to your letter, dated 24 June 1996. Your letter indicates that the dock in question predates Shorewood's dock regulatio~ but provides no evidence to that effect. Our best evidence of the violation comes from the property flIes for the Cabalka property, in which a memo from the Cabalkas in 1981 (Exhibit A, attaChed) discusses a proposed boat dock. This is also supported by a survey of the property (see Exhibit B, attaChed) which is of sufficient detail to show the dock on the Caba1ka's homestead parcel, but not on the parcel shown as Part of Lot 186. Finally, there appear to be at least two complainants who would be willing to testify as to the previous status of the property relative to docks. . In reviewing this matter with the City Attorney, he suggests that I forward Section 1201.05 of the Zoning Code to you, along with an application form for a formal appeal of this office's interpretation of the Code. Your letter of 24 June 1996 does not constitute a written application for an appeal. The application form and the Code section are enclosed for your use. Your client must correct the violation or make application for an appeal by 18 July 1996. If you simply wish to have more time to provide evidence of your client's position, let me know prior to the 18th and we will schedule the request for the 22 July 1996 City Council meeting. If you have any questions relative to this matter, please do not hesitate to contact my office. Sincerely.. CITY OF SHO~OOD . .;5udty;l. /}d~ Bradley J. ~~n Planning DIrector cc: Jim Hurm Tim Keane Scott Cabalka ~ A Residential Communiry on Lake Minnetonka's South Shore E-)A~\ b;-\- G ~. - ~~l ) ." .......- DAT.E: March 3, 1981 TO: Shorewood City Planning Commission FROM: James and Betty Cabalka., Shorewood Residents 5885 Christmas Lake Road SUB..."'1:CT: Boundary Revision Option(s) What are the options for our family use of Cabalka property adjoining existing residential property Tract A, but described as "part of 186" outside of Tract Asurvey1 See the attached diagrams. Prooosed Cotion #1: (Se~ Diagr~ "AU) Move the'boundary of separation to the south approximately 70 feet and thereby rpduce Tract A. A denial of this plan appears likelt sin~e ~ pr~posed use by Cahalka !am~y includes buildin5 -t smal! ooat docx on the site without an established resldence.~tity ordinance 'prohibits land use of this type in Sliorewood. . Further denial appears likely since any home construction could violate city ordinances pertaining to "non buildable sites". Prooosed Cotion #2: (See Diagram "B") Remove the separation boundary and expand Tract A to a larger property. . Consider uewly e~ged single site an approvable buildable site fo~ construction of a second, small residence on the enlarged Tract A. " k.~ ~ () 'IJ..L r:.Jf~,J:zt,.~ I ~s-- //?-L-.3 -1-~- 00/1 - (10 fl,/ 4"~ '" t f'-' 1 , ~.lVlT J~ reO" ... . ~ ~ ~ ~~ ll.\j ~~ aJ~ ~~ Cc~ ~~ ~ -..;;:: gj 8: _ - -J/ f.:;;...... .... - .,... .... -.Y + ". t>- ....... > -., .'::.Ir'. _' If#'.~~';" ,. ' , urrs !'~. 1 ~~ .:..... '-- :Si ; ;:;;, i '-" !~ ;1l-:: ...... \,,/ ti;;;~-;' ~ -., e '. :;:;. ;......;; .~... .....; ./ Ii;: .... . -...Ji_.> .~... ~~ .:.~ .., . '- ~~t ""'- "- (!\, '\ \ ,,<: ~\" \..- '\ '\ v'- J~' \ ~!. '" ..'\.~...,... \ 0/ \~.~ -- /- , .... \;" ~ - " ' ~ \,..,p/'''---; I ... k1 , (" " -- ~"- ... ~ ~ -~~'" , " ' -:'--\ "'-, " .:..:l' ... El E) .. .oio#-,.... , ... \ , ~ , " lP.lII: ~.,~:" .......,~- . __~-'~.#:fJt.. "\ , ' . " -. ''} , , ", :,,' \ .. ' ;. 0' ....' .- ~'''.. :;:. \',- \ ':. .r .... """ .. -;. ... '~ ............:". ~,: ..... .., ... ~ "'. ..:ft. ....~ . ---- ~'fp. ,('\ 2.. ,y 1--..) 0' I ,n -.)clCil ... j~ l e .~ j~ J~ ..... ~ , . "'. l( 0 ~, , \. 1 <- . . ' , ~ t=: '( ~ ~ I > ~. "" -,. ~' /"'. ' ,- , ~. , : (~ , i ." , ,-...0= I . o- J !~ ) / / ~ '-\ 6 . " J. . i , . ; 'j ! J 1 1 l Ii ~ .r f~ " a <:.t o 0:: \ lI.J\ ~ <:( -.J \ V) <:.t ~ <n 0: 1: u } .; J.. c ~. ~ f ~. ~ ~:; " . ~. !i I( ~ .../~', \., : .\.. " r > 1 i!i ? ~~~ . t t; ~ ..: :. .;. PJ..I i " ..:.-:.'; ~i; .. 1 ~ :'1 ~ =: : pi , " . ~ : : _ _ 'l' . 1-: .: ! 1 ~ ~ l\i~ J~' '" : c. .r 1 ." t - - :;. ! It!! : -i! i = i:~ . 2~ ~ ~/ . #' f .~ j CITY OF SHOREWOOD RESOLUTION NO. 96- A RESOLUTION GIVING NOTICE OF INTENT TO WITHDRAW FROM THE SUBURBAN ALLIANCE WHEREAS, the City of Shorewood has been notified of recent financial problems of the Suburban Alliance which have been compounded by a threat by Hennepin County to cut back funding for certain Alliance programs; and, WHEREAS, it will take a number of months for the future of the Suburban Alliance to be finally determined; and, WHEREAS, if the City of Shorewood wishes to withdraw from the Suburban Alliance by the end of January 1997 a notice of intent to withdraw from participation needs to be supplied to the Secretary of the Board of the Alliance by August 1. NOW, THEREFORE, BE IT RESOL YED by the Shorewood City Council that the City of Shorewood intends to withdraw from the Suburban Alliance at the end of January 1997 unless the Alliance fmancial situation is addressed to the satisfaction of the Shorewood City Council on or before that date. BE IT FURTHER RESOLVED that the City Administrator is hereby directed to have delivered to the Secretary of the Board of Suburban Alliance before August 1, 1996 a certified copy of this resolution as notice of withdrawal as of January 1, 1997. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 22nd day of July, 1996. Robert B. Bean, Mayor . ATIEST: James C. Hurm, City Administrator $1 . . S'~~3 " .I ~~~- ~~ ~~ ~ .,~~ Suburban Alliance ~. '..' "" July 3, 1996 Suburban Alliance bas for the past 23 years served well the needs of citizens in western Hennepin County. As you may bave beard Suburban Alliance (West Hennepin Human Services) bas recently experienced some fmancial difficulty whicb may force the organization into a rather difficult decision of survival (see press release dated June 24, 1996). Since that time the Hennepin County staffbave reversed their opinion and are recommending to the commissioners termination of the emergency services and planning and coordination contracts with Suburban Alliance. These contracts constitute the major portion of funding for our organization. While county staff bave assured us there would be no interruption of emergency services to people and families in need, we are concerned for the loss of planning and coordination services and the unique citizen input that bas been the trademark of Suburban Alliance. Since Suburban Alliance was formed under a joint powers agreement among west Hennepin County's municipalities, the executive board thinks it is imperative that your municipality participate in a discussion of our current situation and the decision of the future existence of Suburban Alliance. A joint meeting of municipal representatives, the Board of Directors of Suburban Alliance and county staff is scheduled for 7: 00 P.M. on Tuesday July 16, 1996, at the Plymouth Safety Building, 3400 Plymouth Boulevard, Plymouth, MN. 55447. If you are unable to attend, would you appoint a staff member to represent your municipality. Please RSVP to Perry Madsen, office manger, at 930-3356 by Friday July 12, 1996. Sincerely, d~-~'~ Steve Mumma, Chair Board of Directors SM:pm Enclosure: West Hennepin Human Services Planning Board 9 Seventh Avenue South · Hopkins, MN 55343 · (612) 930.3356 · Fax (612) 930-3540 ...~, i.,~ttJ.f.I' ~~ . . I' SuaURIIU AtoLI.uCB POSI!!IOJI ITADKIDI'f West Henne.pin Human Services Planning Board (nO'flt doinq business as "Suburban Alliance-) has been in existence for over 23 years. During that time the agency has advocated, planned, coordinated and delivered direct services in the human .ervice. arena. It has had a positive impact on every one of the twenty-one member municipalities from western Hennepin County that subscribe to the joint powers agreement from which it was created. It has also benefitted non-member municipalities and as.isted thousand. of individuals. These have included diverse members of the community such as senior citizens needing tra.nsport.a.tion to low income members needing aSBistance and direction in such areas a8 finding job, obtaininq emerqenc:y assistance and peer counselling. .A service directory published by the agenoy reached 40,000 people and became a staple reference for local police departments to advise people in need of social service assistance as to where to go. Because of its unique position within the human services community Suburban Alliance has a180 been asked to: nurture fledgling non-profit organi%ation.~ directly administer Energy Assistance dollars on behalf of the state and federal governments, and act as the fiscal agent for variou.s other human aervice or9anizations that did not have the resources to hire and maintain sufficient staff of their own. Over the last two years Suburban Alliance has endured a continuous onslaught of changes and setbacks in its financial picture. Fir8t, it lost its free office space in St. Louia Park. In August of 1994 it moved to it. present location in Hopkins at a rent currently accruinq at $3,000 per month. Second, Suburban Alliance learned in late 1994 that ita long standing executive director intended to resign. The agency is governed by an all volunteer board consisting of appointees from its various signatory cities, associated humans service aqenciesl organizations and members at large. A new director was hired in early 1995. There were conte~poran.ous indications from Washington that there would be unspecified cutbacks in Energy Assistance funding. Por the fiscal year 1993-94 the Energy Assistance contract involved the administration of 2.5 million dollars. For 1995 it was slightly over one million dollars and it may go below six figures for 1996- 97. These funding cutbacks have adversely affected the agency'. internal budget dollars because it caused .hrinJcage in administrative overhead funds. " ~ . In 1995 Suburban Alliance also lost two agencies for which it had been fiscal agent. This meant that funds Suburban Alliance had held for their benefit had to be repaid causing even more pressure on its cash flow and financial reserves. It also meant 108. of additional income associa.ted with the administration of t.heir . contracts. A. these event. unfolded the board was not able to react quickly enough. Much of this was due to the lack of critical financial data. The complexity of the agency's functions and accounting me~hods also tended to mask financial problems. Pas~ audit8~ including the 1994 audit, had not revealed any serious problems. Consequently, busine.. tended to continue .. u.ua~. 2 -_:~ By late 1995 financial demands began to emerge which ..de it apparent that the agency would have to substantially reduce its administrative costs. This step was taken in the form of lay-offs, salary reductions and other cost reducing actions. The board's reaction was insufficient to meet the financial problems that were converging and compounding themselves. In early 1996 additional staff was laid off. In May of 1996 the executive director resigned. The agency has operated since early May, 1996, with a skeleton staff. Its board chair, steve Mumma, has assumed, for all . ineents and purposes, the role of volunteer executive director assisted by other board members in va.rious roles. There have been numerous financial reforms instituted. Checks and balances have been installed to help ensure that the agency will react %IIore quickly to financial pressures. A search for a replacement executive director has begun. The agency is being assisted in thi. process by a top General Mills executive offered to it through HAPP. The 1995 audit confirms that the agency over spent it. revenue ~ by approximately $78,000. Hennepin County is fully aware of the problem and has been provided with a copy of the aqency'. 1995 audit. The audit shows no illegality or wrongdoinq, but. does explain the nature and scope of the shortfall. A plan of repayment is being developed. Throughout these difficulties the board of Suburban Alliance has remained strong and committed. Support for the agency has been expressed by its sister agencies such as the Nort.hwest Human 3 services Council and Community Action for Suburban aennepin. Assuming that acceptable assurances and reforms are in place, the county has expressed its interest in continuing its planning and coordination contract and the EI1l6rqency Services contract with Suburban Alliance. The Department of Economic Security, as the respoDsible state agency for the Energy Assistance program, has remained supportive. Suburban Alliance is and will continue to be a vi tal and viable asset to the citizens of Hennepin County. Its role may be redefined in some ways, but its vision will always be the same- empowerment of those who are economically or socially challenged through planning, coordination and advocacy of appropriate social service programs. 4 -. \;.. . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236 MEMORANDUM TO: Mayor and City Council Jim Hurm, City Administrator Larry Brown, Director of Public Works FROM: DAlE: . RE: July 17, 1996 # Authorize expenditure for Bituminous Sealcoating The following streets are to be sealcoated this year: Pleasant Avenue Club Lane Tee Trail Rampart Court Riviera Lane Echo Road ",. Clover Lane Gillette Curve Elder Turn ,. McClain Road Charleston Circle Minnnetonka Drive ",/ . We all realize that residents would prefer to skip the sealcoating process in total. However, this process is a "necessary evil" in obtaining the required service life of a roadway. As a roadway ages, the it looses it's oil content, becomes brittle and cracks. These cracks allow moisture to enter the bituminous surface which results in frost damage and more potholes. Therefore, roadways should be sealed to close off the cracks and provide a new skid resistant surface. These streets were compared against the 20 year Water Implementation Plan. With the exception of Echo Road, these streets are scheduled for the placement ofwatermain between the years 2000 and 2013. Echo Road is scheduled for 1998. The reason this was included for sealcoating is that Echo Road is in need of an overlay. Since construction is anticipated in 1998, it is recommended that this roadway be sealcoated to help reduce further damage until such time as the watermain is placed. Without the sealcoat, it is likely that the road would need extensive patching or an overlay prior to construction. Two competitive quotes were received from contractors whose workmanship is very familiar to the City. The quotes received were from Minnesota Roadways for an amount of $18,711.00 and from Allied Blacktop Company at $19,799.30. It is recommended that staff be authorized to enter into agreement with Minnesota Raodways for sealcoating for the amount $18,711.00. A Residential Community on Lake Minnetonka's South Shore e J ~' fT1 :r <: -< ~ (<' ...A 1J ^ '11'11 SV'l S g ?l~'<:l -J \0 s'<:l ~~ ~ r- I- (,;) fT1 J \ I)' t7~\ ~:) ~\Jll ^ \ t ( SplJ -\ ~ .~~~'~ ? ~~;; (<' ~ \\ U <? /\ \;' ~ ~ ~MP"" \\ --..;.::, I C I--- l COUNTRY CLUB ) 1_ (J - _ 0 : -~ .\ --.J () J I R V E A 1 \ LA .~ 3 ~ ) IAi~ j~ \---~Q0 \ . \~ ~ - b ;' \ \ &\\~in --\ ~ ~ ~ :> 7" f'Tl rBO ~C ~A'k 5 ON-I CI~ \\ ~\ I, \ ~ I 171 o S, AR I j ~ \ LA \ I LA / :2~2 ~ ;0 \ r~UB " L \\~ri(\{ ~ 4..C:r:: r '" I~ - \ ~ ~ \~\ \ ~ .fdAH NO 19~ \ \\ \ .1\ \ j \ I RD - I SHOREWOOD I - ~A ~~ IJ '- t-- I l:;! ~\. . ~? \ ~\~ -' ':,\ ~ II I ())~~ ~ ~ c=-.. \:;0 7 280 : IV< ~ r I 1 0 _f /~/; ~r:::: - 7\t-\o,.."3 .=0 r::J ~ ~ i!? (:j ..h. ~ ? C) '-. fTl L-....!: "- i\ ~ ~ER~/J \ \ ~ ~ ~~ I. ~ko 0 DU K~~ ~ ~ ~ I ~ ," co v Ii 07-18-1996 12:34 612 368 3005 MN. ROADWAVS CD. P.01 Minnesota Roadways 14.TNo. Jonathan Blvd. Challea, Mn. 5531 g ... 812 -448 -6004- e 812 -38B -3005 , .................................................................., Date: 7/rl/q h To: W/ (Lf. " Recfplent Fa: ~m: HouJV !1J/~ Total. of psg. Including caver shtIIIt: ~. Sender Fa: 812 -388 -3001 Memo: . i I . i ; , I.................................................................... "Fax-Fax-Fax-Fax-FSX-Fax-Fax-Fax-Fax-Fax-Fax ~-,.. ..... ~CIftIIIInr . 07-18-1996 12:35 612 368 3005 HN. ROADWAYS CO. P.02 147 NOR'TH JONATHAN BOUlEYAAD CHASKA. MN 56318 TEL.4484004 FAX 311-3005 PROPOSAL PlgeNo. of Paon PROPOSALSUBMtrrED TO PHONBNO. lOAm City of Shorewood July 18, 1996 STREET INSTAL'LATION ADDRESS 5755 Country Club Rd. Same ClTY. STATE AND ZIP CODB Shorewood. MN 55331 AGENI' PROJECT ES1'lMATOR I JOB PHONENO. Larry Howie Hildestad I. Sealcoat as follows 31.185 square yards: a. Sweep with a power pick-up vacuum type sweeper. b. Apply approxImately .25 g8110ns per square yard of 08-2 hot liquid emulsified asphalt. c. Cover with approximately 25 pounds per square yard of granite (3/16" size). d. Roll with a self-propelled roller. e. Sweep and remove the excess rock from the area after approximately six weeks. . COST 31,185 square yara @ .60 $18,711.0<<) We hereby propose to furnish material and labor, complete in IU:COtdance with above specifications, for the sum of As Shown A~ove doOm ($ . with payment to be made as follows: NIlt 10 Da.!I All matorlalil glW'llIlteCld to be u specified. All work I. to be completed III a workmanlike manner accOrdins to ltandard .practices. Any alteration or deviation fronIlpeclficationl involving extra COItI will be executed upon WriItCD ordcrI, IIIl will become IU extra charge over and above the eatimate. All agrccmcntl condn- aent upon atdkcl. acctdentl or delaYI beyond our control. owner to carry fire, tomado IUd other neeellat')' lnaunmce. Our work.... are fully covered by Work- men'l Com atian Inaurancc. =~\oVJiAd .. No&e: Thll propoaal may be withdrawn by us In accepted w1thin.JQ days. A :AN OF PROPOS . THE ABOVE PRICES, SPEClPICATIONS AND CONDmONS ARBSA11SPACIORY ANDARBHJ!RBBY ACCBPI&J. YOU ARB AtTIHORl'ZED TO COMPI.BI'B nus CON'lllAcr AS ~u.<..lJ. PAYMENTWILLBB MADBAS 0UItJNED ABOVE. A1JTRORJZED SIGNATUllB DATE i .1 'I . . I" ::: ': JUL-18-96 THU 10:43 ALLIED BLACKTOP FAX NO. 6124251046 P.01 , I ,~ '. : '-'-:--~":"._-"~"'i~l' .... " ", : ,;" ~l1ied"e,!~e~t9P Company '.; I ,,'"'' : , ;, ~','(:P';~'~3\7~'~,~!f"Av.:enue North Maple Grove.: MN 55369 (5~12,~ 4~$-9~5 Phone' (612)425-1046 Fax " Q~~ t ' .1. I I'~ ;". ( ; ':.:."~i\':.i.:, !"" \q.... :~f'.~'l\''''; ~ ,', '1" I "',i'&;' 'I; ...I.t'!V,,;' '1'':' . CitY ofSbotew~d' '!", ,'" " " ".." , ' ,A~tn;~ Larty:NiecUm: ' , 517?>, Co~try Cl~b Road "ShQr~o~ MN, 55331 Pbon~; 474-6191 Fax: 474-0128 Date:, J~y 18, 199,6 'ProJe~ Lo~on; City Streeis. ,I ~ " : , We ~rr.eby ~bmit speci~'1ltiqq~ I~~, esli~~t~ ,f9r approx. 31.180 square yards of sealcoatittg. , (Asm~edby'CitY) ,I', Atca to ~ seal, coaled wilt ~ '~Wcpl freo of all,d.ust. ~d, silt, and other foreign materials by meaDS of an EJg.in"Pelic~,pi~1cuP ~lyl~'b~L $~~ ,,?IJ be,4isPosed ofby lhis contractor. CRS-2 Jiqui!i.asphatt wilt be "fWU1~ t\i1d 'aPp.Ued a\ a rate of .20-.30 gallons per square yard with , 'disti'_rs'~Tnped' Withl ..~~..:..~~ " le Control: , ' .....-y " ......A~'t"'t"1-... .. ~ c~ '~~e~, will lie ~c?dapd ~~ed,With a seJf-,Propclled chip spreader at 20-30 pounds per ~yald,',' I," . . ~ area shall be r~ledi~i~ftli elev~ wh<;e\ pn~c tire roller. E.xcess ,a.gate wi~l ~ ~ up and <t.sed Ofb)' UlIS contractor as per c:uring conditions. " Note: :exact. application ~s 'Y,8Tjr upo~ uam~' cond~Oqs and assre~ choice. , . :., ' . " , , , lIlo patching or eJ'ac~. ~~u...$ iDe~delf i,' thjs propcCl. . . -, I I "'. '\ , : We propose he~ to 1i.t.tci.lIh rna~ri;.l.l cm,Q lqblir . ~mplete in accordance with above specificat.ioos. for the swn of ". I ' l I . ~'I . . :': ;' '.' r .FA-~;G~ani~~ ~ip Se~: 31!~1~O ~.y. ~ ,; ,~, ~ s' Per Square Yard ., tlf!,"', fR ',' I . We. r~~ the right to,withQraW~' .P.fOP.OSal if it i~ 1\Qt,~~ witbio 30 days of the date &hown above. Auth' d' ized S" '~..p, ~ '" "" ~ :r " ':'1 ,~ " r 19na1.Uol,e._ ., .~, ~ _ '. I . . I . " l t .' ~.. . { . ~cc,ep'~ce 9.(~O,P9~a1-: ~~ RF l,?~~': ~~ons ~nd co~tions are satisfactory ~ are hereby ,acce~ Y~li,~,~l'l7,cd LO do,~Ii,~Ii< as ~ed, P.a}1Qt~ WIll be 100% upon comptcuon unless , d~Q~~Uo~illg:_,: ,," . ,. ._ _ . - .....-. l .' ' Signat:W'e: Date: :'( SHOREWOOD'S SNOWMOBILE TASK FORCE Established June 12, 1995 Appointments Made August 14, 1995 Virginia Kolstad, Co-Chair 848 3rd Ave Shorewood, MN 55331 Home: 474-0882 Work: 996-4084 Troy StoUler, Resigned 23620 Smithtown Road Shorewood, MN 55331 Home: 474-1021 Work: 474-6814 William Colopoulos, 26215 Shorewood Oaks Dr Shorewood, MN 55331 Home: 474-1311 Ingrid Schaff, Resigned 25605 Smithtown Road Shorewood, MN 55331 Home: 470-6103 . Dana George 25295 Smithtown Road Shorewood, MN 55331 Home: 474-5043 Non- V otine Members: Police Chief Richard Young 810 Excelsior Blvd Excelsior, MN 55331 Work: 474-3261 John Arnst 5480 Teal Circle Shorewood, MN 55331 Home: 474-5726 City Administrator James Hurm 5755 Country Club Rd Shorewood, MN 55331 Work: 474-3236 Warren Peterson 23360 Gillette Curve Shorewood, MN 55331 Home: 474-5685 Snow Patrol Rep. Dan Puzak 23830 Smithtown Rd Shorewood, MN 55331 Home: 474-7918 Work: 830-3663 . Roxanne Martin, Alternate 5750 Christmas Lake Road Shorewood, MN 55331 Home: 470-9585 Becky Tarvin, Staff Support 16422 Devon Drive Minnetonka, MN 55345 Judy Marshik, Facilitator 3496 Shoreline Dr. Navarre,MN 55392 Work: 471-9365 Laura Turgeon, Alternate 24670 Amlee Rd Shorewood, MN 55331 Home: 474-7213 Work: 932-4105 :FJO ,.r . CKNO 18832 18833 18834 18835 18836 18837 18838 18839 18840 18841 18842 18843 18844 18845 18846 18847 18848 18849 18850 18851 18852 18853 18854 18855 18856 18857 18858 18859 18860 18861 18862 18863 18864 18865 18866 18867 18868 18869 18870 1887:1 18872 . CHECK APPROVAL LISTING FOR JULY 22, 1996 COUNCIL MEETING CHECKS ISSUED SINCE JULY 9, 1996 TO WHOM ISSUED PUAFOSE SHOREWOOD PARK FOUNDATlOr BADGER PLAYGROUND EQUIP. FIRST STATE BANK FED/FICA TAX ?ERA. PERA ICMA RETIREMENT TRUST 457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS ANOKA CTY SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID AFSCME COUNCIL 14 UNION DUES MN DEPARTMENT OF REVENUE STATE TAX BROWNING FERRIS WASTE REMOVAL KATHLEEN HEBERT SEC 125 REIMB BRADLEY NIELSEN SEC 125 REIMB JOSEPH PAZANDAK MILEAGE US WEST COMMUNICATION LAWRENCE NICCUM REIMB UNION DUES.JUL Y WALLY LARSON ESCROW REFUND BELLBOY CORPORATION UOUOR BELLBOY BAR SUPPLY MISClSUPPLlES DAY DISTRIBUTING BEER/MISC GRIGGS, COOPER & COMPANY L1QUOR/WINE/MISC JOHNSON BRCS LIQUOR CO WINE LAKE REGION VENDING MISC LEEF BRCS MAT CLEANING MARK VII BEER/MISC MARLIN'S TRUCKING FREIGHT NORTH STAR ICE MISC PAUSTlS WINE COMPANY WINE PHILLIPS WINE & SPIRITS L1QUOR/WINE THORPE DISTRIBUTING BEER/MISC ICMA CONFERENCE REGIS. CONFERENCE REGISTRATION MN DEPT OF REVENUE JUNE SALES/USE TAX A T& T LONG DISTANCE METRO COUNCIL ENVIRONMENT JUNE SAC MN DEPT OF HEALTH 2ND QTR WA CONN. FEE NORTHERN STATES POWER UTILITIES PEPSI COLA COMPANY MISC RGIS INVENTORY SPECIALIST INVENTORY ALAN ROLEK MILEAGElEXPENSES SUPERAMERICA FUR US WEST COMMUNICATIONS KAREN MEYER ESCROW REFUND TOTAL REGISTER SYSTEMS SUPPUES AMOUNT $18,500.00 8,419.10 2,387.27 1,146.30 842.00 139.44 119.10 1,459.02 33.66 187.50 200.00 88.59 161.30 19.85 3,150.00 3,455.70 162.37 8,334.05 4,374.57 1.99 346.55 25.17 7,013.95 320.80 893.64 330.78 1,926.91 18,568.25 430.00 14,532.00 5.49 2,673.00 1,257.00 3,448.29 112.40 125.00h368.79 477.38 48.93 7,500.00 15.67 Page 1 . . CKNO 18873 18874 18875 18876 18877 18878 18879 18880 18881 18882 18883 18884 18885 18886 18887 18888 CHECK APPROVAL LISTING FOR JULY 22, 1996 COUNCIL MEETING CHECKS ISSUED SINCE JULY 9, 1996 TO WHOM ISSUED PlJRFC6E BELLBOY CORPORATION L1QUOR/WIN8BEER BELLBOY BAR SUPPLY SUPPUESlMISC DAY DISTRIBUTING BEER/MISC EAST SIDE BEVERAGE COMPANY BEER/MISC GRAPE BEGINNINGS, INC WINE GTE DIRECTORIES ADVERTISING GRIGGS, COOPER & COMPANY L1QUOR/WIN8BEER/MISC JOHNSON BRas LIQUOR CO L1QUOR/WINE LAKE REGION VENDING MISC MARK VII BEER/MISC NORTH STAR ICE MISC PAUSTIS WINE COMPANY WINE PHILLIPS WINE & SPIRITS WlN8BEER QUALITY WINE & SPIRITS CO L1QUOR/WINE/MISC THORPE DISTRIBUTING CO BEERlMISC THE VICTORIA GAZETTE ADVERTISING TOTAL CHECKS ISSUED Page 2 AMOUNT $3,748.41 121.75 4,429.45 21,073.80 144.95 84.10 6,259.39 1,169.94 625.59 3,512.52 251.40 407.26 2,023.34 3,218.93 8,781.50 41.25 ~,-, c: .r T "/ () F~ :3 (..1 C~ F~: E~ 1;.,1 () () [) C: }'"l l::: C: :<. ({ rJ r) f? (J \i ('; I _ L_ T :3 T F:~ () r.~: JULY 22. 1996 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -.-..-.--.---' -..--...-.--.-.----.----.---..-......-.-..-.-.-.. .--.-..-..-.---.-.---......-...---.--.-..--.-.----- -.----.--- .----------.-- 18889 AMERICAN ENGINEERING SOIL INVESTIGATION -------- 2,700.00 18890 EARL F. ANDERSEN, INC. PLAYGROIJND REPAIR PARTS PARKS & :3..93 18891 JEFF REINHART DBA ,JUNE ,JANITOF(Ii-~L t1UN BLDG 260.00 18892 BOB RICHARDS PHOTOGRAPHY llX14 PHOTO COUNCIL 47.92 18893 BRYAN ROCK PRODUCTS, INC. ROCK I.'(OCK I-<OCK *** TOTAL FOR BRYAN ROCK PRODUCTS. s-rr~EE'T3 P(~R:'<'~) ,~ .51.59.. 12' 422 .. t.H~~ MUN BLDG 196.81 1,~L78.59 18894 C.H CARPENTER LUMBER .~:l95 Dr-lVE PE}:'(Klr-6 CONTRACTING Cf.'(ESCEr-.J,T BEACH F'(;f~~}<'S }J<. 3..34 P(;Y .VOUCHEh~ 1:t-6 74,433.36 18896 ERICKSON, ROLF E.A.. ASSESSOR FEE ASSESSOR SUPPLIES pr~~OF PFWF Sr::Fo;~ 3 J e.~t.,~?i .. lC:;t SER 1r)0. 72 3,859.88 *** TOTAL FOR ERICKSON, ROLF E.A. 18897 EXCELSIOR-CITY OF 3RD QTR FIRE PROTECTION FIRE PRO 32,444.75 18898 EXCELSIOR ROTARY CLUB 2ND QTR DUES ADMIN 40.00 2ND QTR DUES ADMIN 88.00 *** TOTAL FOR EXCELSIOR ROTARY CLU 128.00 18899 FEED-RITE CONTROLS, INC. CONTAINER RENTAL I,..JA TER DE 45.00 . 18900 GOPHER STATE ONE-CALL, IN ONE CALL SERVICE ONE CALL SERVICE *** TOTAL FOR GOPHER STATE I,..J~~TER DE SE1t.JER DE .19.. 2.S 19.25 ONE-CAL 38.. ;5() 18901 INTRNTL CITY/COUNTY Hi~t'.J.D1300KS COUNCIL 68 . 4~. 18902 ,JAY BROS., INC. SHADY ISL BRIDGE REPAIR -------- 8,240.00 18903 LACAL EQUIPMENT, INC t101,..JEF( :3Lf~DES PUB It.JKS 70.50 18904 LARKIN, HOFFMAN, DALY... MAY LEGAL -------- 667.00 MAY LEGAL PROF SER 21.00 *** TOTAL FOR LARKIN, HOFFMAN, DAL 688.00 18905 LEAGUE OF MN CITIES INS T MANHOLE RING r1UN BLDG 220.00 18906 THE TORO COMPANY P(~}:,(TS r1i:~r'-J.UPII_ PUB It.WS 2.00 18907 M C I TELECOMMUNICATIONS LONG DISTANCE l-1UN BLDG 13..70 18908 METRO COUNCIL ENVIRONMENT AUGUST TREATMENT SEWER DE 40,059.00 18909 MIDWEST ASPHALT CORP. ti ~3 F) ~"I (~ L. 'r .{~. ''T~ i...... j-- i..... "r' .,!""" .:..) I r'o:..C.l::: ! ,,) '7:33 _.1.1 ~L8S)_LO OFI=.[(:E: DEPo'r (:J F~ F~ I c: E~ ~:) tJ F) 1:) L_ I E:~ ;~:~ C:. C: i-',,! (~() \l T /,) or-- Page 3 CITY OF SHORE WOOD C}"~CCK Ar:lr)RIJVAL LIST f~OR JULY 22, 1996 COUNCIL MTG CHEC:'<.l:J: VENDOR NAME DESCRIPTION DEPT. AMOUNT ---------------.-.-"-----..------ .------.------------------- -------- ----------- SNOWMOBILE TASK FORCE *** TOTAL FOR OFFICE DEPOT 18911 WM. MUELLER & SONS, INC. BLACKTOP S(;HD FOR PM~:KS *** TOTAL FOR WM. MUELLER & SOHS, 18912 MUNITECH, INC. AUGUST MAINTENANCE AUGUST MAINTENANCE *** TOTAL FOR MUNITECH, IHC. .18~?J.13 ORR,SCHELEN,MAYERON/ASSOC MAY 1'1{)'( 1'1{)Y t'1()Y CNGINCEF<~IHG Er.1G I NEEr~ I t"~G ENGINEEF<IHG EHGINEERING EI'..J,G I r.J.EEF<' I NG Er--1G I NCCf:;' I 1".1G [j'.,J.Ci I NEE F<' I (",J. G ENGI("~EEF~ING ORR,SCHELEN,MAYERON/ . i"1(:~\r' r-iAY i'vj{)Y 1'1 (yy' *** TOTr.:)L FOr;: 18914 POTTS, KCNNETH N. JUNE PROSECUTIONS 18915 PRECISION PAVCMENT MARKIN ROAD STRIPIHG 18916 SEAMANS CONSTRUCTION RE-ROOF PUMP HOUSE 18917 SHOREWOOD TREE SERVICE HAUL BRUSH FROM PW HAUL BRUSH FROM PW *** TOTAL FOR SHOREWOOD TREE SERVI .18 SHOI~EI",!OOD TRUE VALUESTI~ING LINE 18919 SO lK MTKA PUB SAFETY DEP AUGUST BUDGET 18920 TEMPORARIES-TO-GO TEMP RECEPTIONIST 18921 TIME SAVER OFF SITE SEC MINUTES t'1INUTES *** TOTAL FOR TIME SAVER OFF SITE 18922 TONKA BAY-CITY OF 2ND QTR WATER/SEWER 2ND QTR WATER/SEWER 2ND QTR WATER/SEWER *** TOTAL FOR TONKA BAY-CITY OF 18923 TWIN CITY WATER CLINIC 1",!r:)TEh' TEST I NG 18924 It.J()T E F<~Pr-~~O 1"iETEh: -------.- 132~33 212..25 STREETS 246.25 PARKS & 190.99 437.24 WATER DE 4,225.00 SEWER DE 2,275.00 6,500.00 pr~O.JECTS 3:., 528 ~()() 572.50 3,802.50 65.00 2,123.00 410.00 500.00 3') . 00 PLANNING PUB WKS 1.1,040.00 PROF SER 1,508.33 STREETS 2,919.95 WATER DE 940.00 TREE MAl 1,::'75.00 -------- 875.00 2,450.00 PAI~KS & 4 <~ ,-;: .. ...-l....} POLICE P 36,046.29 GEN GOVT 276.00 GEN GOVT 334.75 PLANNING 173.00 507 . 7<;. WATER DE 894.51 SEWER DE 237.45 -------- 163.94 1,295.90 INATEi~ DE 20.00 I",JATER DE ;5 i) () ,. .~::l () 18925 WHEELER LUMBER OPERATIONS BADGER HOCKEY/PLAYGROUND PARKS & 18q~6 MN SUN PU8LICATIONS L. E: (~i l:~{ L. ::>1 [) ~3 P !:I CH' L... :2 ~ '::}.5 6. ,.. ~~) () F I ,-,! r:; 1-..iCE l ,~'=:ll~.' " :2:2 CITY OF SHOREWOOD CHECK APPROVAL LIST FOR JULY 22. 1996 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT LEGAL ADS GEN GOVT 52.32 LEGAL ADS -------- 114.45 *** TOTAL FOR MN SUN PUBLICATIONS 922.99 *** TOTAL CHECKS FOR APPROVAL 233, 6c\c'" 38 *** TOTAL CHECK APPROVAL LIST 403,161. 77 . . Page 5 C H !:: C ~< f;> E G I S T E R CHECK. CHECK EMPLOYEE NAME CHECK CHECK TYPE DATE NUMBER NUMBER AMOUNT COM 7 09 96 90 BRENT L. BALTUFF 2.1076.1 326.73 COM 7 09 96 .10l SCOTT M. 8ARfLETT 2.10762 32.5.1 COM 7 09 96 1..10 CONNIE D. BASTYR 21.0763 237.52 COM 7 09 96 1.1.2 JENELLE BAUCUM 21.0764 91.27 COM 7 09 96 11.5 LAWRENCE .... BROl,t.JN 2.10765 .1327.24 H. COM 7 09 96 230 CHRISTOPHER M. CAREY 21.0766 390.75 COM 7 09 96 ..,.""'c: ANGELA M. COLE 2.10767 .120..16 .:.:J-'.._' COM 7 09 96 375 JODI A. DALLMAN 2.10768 70.82 MAN 7 09 96 500 CHARLES S. DAVIS 2.10759 723.36 COM 7 09 96 775 .JAMES C. EAK.INS 2.10769 676.36 COM 7 09 96 870 KELLY P. FLANAGAN 2.10770 185.13 COM 7 09 96 1.105 K.ERI ANNE GRAF 210771 152.60 COM 7 09 96 1.160 STEPHANIE A. HABER 2.10772 108.79 COM 7 09 96 1190 KATHLEEN A. HEBERT 2.10773 554.28 COM 7 09 96 1.400 PATRICIA R. HELGESEN 2.10774 569.20 . COM 7 09 96 1.4.15 SHAWN D. HEMP;:::L 2.10775 96.62 COM 7 09 96 .1445 JASON D. HENDRICKSON 2.10776 480.83 COM 7 09 96 1550 JAMES C. HURM 2.10777 1692.04 COM 7 09 ':.-:)6 .1575 GLENN E. ILLIG 2.10778 176.54 COM 7 0'::,) 96 1.601 BRIAN D. .J AKEL 2.10779 1.16.87 COM 7 09 96 1.700 JEFFREY A. JENSEN 2.10780 887.5.1 COM 7 09 96 .l725 DOUGLAS G. JESSEN 2.1078.1 267.86 COM 7 09 96 .1800 DENNIS D. JOHNSON 2.10782 802..14 COM 7 09 96 .1950 MART n.j L. .J ONE S 21.0783 233.73 COM 7 09 96 2.100 '/JILLIAM F. JOSEPHSON 2.10784 632.56 COM 7 09 96 2500 SUSAN M. LATTERNER 2.10785 603.93 COM 7 09 96 2550 PETER w. LENZEN 2.10786 68..1.1 COM 7 09 96 2760 SARA E. LOTTIE 2.10787 24.1. .11. COM 7 09 96 2800 JOSEPH P. LUGOWSKI 21.0788 829.35 COt1 7 09 96 2810 KARENA M. LUND8Y 2.10789 27.42 COM 7 09 96 2900 RUSSELL R. MARRON 2.10790 29.32 . COM 7 09 96 3000 THERESA L. NAAB 2.1079.1 687.2.1 COM 7 09 96 3.100 LAWRENCE A. NICCUM 2.10792 2.10.1.67 COM 7 09 96 3400 BRADLEY .1. NIELSEN 2.10793 847.67 COM 7 09 96 3500 JOSEPH E. PAZANDAK 2.10794 .1057.76 COM 7 09 96 3534 CHRISTOPHER E. PETERSON 2.1079.5 .125.5.1 COM 7 09 96 3600 DANIEL J. RANDALL 2.10796 864.69 COM 7 09 96 36.15 TAMARA LYNN REED 2J.0797 78.90 COM 7 09 96 3701. BRIAN M. ROERICK 2.10798 .134.73 COM 7 09 96 3800 ALAN J. ROLEK 2.10799 1.152.50 COM 7 09 96 3900 CHRISTOPHER E. SCHMID 2.10800 417.0.1 COt1 7 09 96 4575 i';(EBECCA A. T(~RVIN 2.1080.1 503.66 COM 7 09 96 4600 BEVERLY J. VON FELDT 2.10802 352.84 COM 7 09 96 4750 RALPH f' IAlEHLE 2.10803 629.74 .-1 . ;ICIClctc TOT ALS;:clclc~ 2.1706.55 Page 6