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011094 CC Reg AgP ...... '*"_ A CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JANUARY 10, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 PM Following the regular portion of the meeting, the City Council will adjourn to Work Session format. No action will be taken at this time. After the Work Session, Council will convene in Executive Session to discuss labor negotiations. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Stover Daugherty Lewis Benson Mayor Brancel C. Review Agenda D. Presentation to Gordon Lindstrom and James Andrus, Former Park Commissioners E. Presentation by Denise Kautzer, GFOA - Award certificate of Achievement 2A. APPROVAL OF MINUTES 1 - ci ty Council Regular Meeting Minutes December 13, 1993 (Att.-#2 Minutes) 2 - Report on Executive Session of December 20, 1993 2B. A MOTION ADOPTING RESOLUTIONS MAKING APPOINTMENTS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR ~994 1 - A Resolution Making Appointments for 1994 (Att.-#2B1 Proposed Resolution) 2 - A Resolution Making Appointments to Various commissions to Begin in 1994 (Att.-#2B2 Proposed Resolution) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & adopt resolutions therein: A - A Motion to Adopt a Resolution Approving a C.U.P. - Accessory Space in Excess of 1,200 S.F. Applicant: Ron Lind Location: 26400 Strawberry Court (Att.-#3A Proposed Resolution) . . . CITY COUNCIL AGENDA - MONDAY, JANUARY 10, 1994 Page 2 of 3 B - A Motion to Adopt a Resolution Approving a C.U.P. - Accessory Space in Excess of 1,200 S.F. & Fill in Excess of 100 Cubic Yards Applicant: Dean spatz Location: 28235 Boulder circle (Att.-#3B proposed Resolution) C - A Motion to Approve a Resolution Correcting a Legal Description in Resolution #107-92 (Att.-#3CA Planner's Memorandum; #3CB proposed Resolution) D - A Motion to Approve a Resolution Requesting a Residential Water Service Connection to Minnetonka Applicant: Edwin Jenkins/carolyn Carver Location: 5350 Vine Hill Road (Att.-#3DA Applicant's Request Letter; #3DB Proposed Resolution) E - A Motion to Adopt a Resolution Approving a simple Subdivision/Lot Combination Applicant: McNulty Construction Location: 4611-17 Bayswater Road (Att.-#3E Proposed Resolution) F - A Motion to Adopt a Resolution Authorizing Submittal of the 1994 Hennepin County Grant Application for Municipal Source separated Recyclables (Att.-#3F proposed Resolution) G - A Motion to Adopt a Resolution Authorizing Execution of a Quit Claim Deed to the MWCC (Att.- #3G Proposed Resolution) H - A Motion to Adopt a Resolution Approving a Final Plat Ridge Road Addition (Att.-#3HA Planner's Memorandum; #3HB Proposed Resolution) 4. PUBLIC HEARING 7:~5 P.M. - CONSIDERATION OF A PRELIMINARY PLAT, LOT WIDTH VARIANCE & STREET RECONSTRUCTION VARIANCE, & DIRECT STAFF TO PREPARE FINDINGS OF FACT Applicant: Whitley Mott Location: 24850 Yellowstone Trail (Att.-#4A Planner's Memoranda & correspondence; #4B Engineer'S Report) 5. RECONSIDERATION OF STREET LIGHT INSTALLATION - BRENT RIDGE DRIVE (Att-#5 Planner's Memorandum) 6. A MOTION TO APPROVE FINAL PLAN & FINAL PLAT - GIDEON'S WOODS P.U.D. (Att.-#6 Planner's Memorandum) ** 7. CONSIDER ADOPTION OF ORDINANCES A - Relating to the Uniform Fire Code B - Relating to the Open Burning Code (Att.-#7A proposed Ordinances; #7B Staff Report) . . CITY COUNCIL AGENDA - MONDAY, JANUARY 10, 1994 page 3 of 3 8. CONSIDER AN AMENDMENT TO CHRISTMAS LAKE ROAD PARKING RESTRICTIONS (Att.-#8 Planner's Memorandum) 9. A MOTION TO ADOPT A RESOLUTION RECEIVING REPORT & CALLING HEARING ON IMPROVEMENT - BRYNMAWR SUBDIVISION FOR PEMTOM DEVELOPMENT (Att.-#9A Proposed Resolution; #9B Feasibility Report) 10. PARK - No Report 11. PLANNING - Report by Representative 12 . MATTERS FROM THE FLOOR 13 . DISCUSSION ON POLICY ISSUES A - Report on 1993 Objectives B - Review of Mission statement C - Identify Issues to be Addressed in 1994 D - Part-Time Traffic Enforcement specialist 14. ADMINISTRATOR AND STAFF REPORTS - Proposed Plan to Update Information system (Att.- #14A Staffs' Memoranda; #14B Proposed Understanding) 15. MAYOR AND CITY COUNCIL REPORTS - A - Report by Rob Daugherty on Lake Access Meeting with the LMCD B - Minnetonka School District - Tax Levy 16. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS - (Attachment) WORK SESSION 1. DISCUSSION ON CAPITAL IMPROVEMENT PLAN ISSUES: A - Review of city Water Issue B - Street Improvements - special Assessments 2. ADJOURN TO EXECUTIVE SESSION EXECUTIVE SESSION 1. DISCUSS LABOR NEGOTIATIONS 2. ADJOURNMENT ** INDICATES TAX INCREASE OR FEE IMPLICATIONS MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 EXECUTIVE SUMMARY " ) '/,' L ,!\j I,) SHOREWOOD CITY 'COUNCIL MEETING MONDAY, JANUARY 10, 1994 " . ; . We should make a statement at the beginning of the meeting that we plan to go into Executive Session after the Work Session to discuss labor negotiations and other personnel matters. AGENDA ITEM #lB: Gordon Lindstrom and James Andrus plan on being present for accept their plaques. AGENDA ITEM #lE: Denise Kautzer, a representative of the Government Finance Officers Association, will be at the meeting to present to the City their certificate of Achievement. AGENDA ITEM #2A: After the December 13th minutes are approved we should give the following summary report of the Executive Session held December 20, 1993 to they can be placed in the minutes: '. The meeting was called to order at 5:00 p.m. Present were Mayor Branceli Council members Daugherty, Lewis and Benson; Administrator Hurm, and City Attorney Chris Dietzen. Absent: Council member stover. Follow~ng discussion on the pending lawsuit on metropolitan sewage district charges, Daugherty moved to authorize $191,012.96 be taken from the City sewer fund to establish an escrow with the Hennepin County District Court, seconded by Lewis. Motion passed unanimously. There being no further business, Benson moved for adjournment, seconded by Lewis. Motion passed unanimously at 5:40 p.m. AGENDA ITEM #2B: These two resolutions are to be the first resolutions of the year. They make city appointments. All non- council member appointments have been filled in. Mayor Brancel will fill in the council member appointments at the time of consideration. A Residential Community on Lake Minnetonka's South Shore ~ EXECUTiVE SUMMARY - JANUARY 10, 1994 COUNCiL MEETiNG Page 2 of 3 AGENDA ITEM oversized, conjunction approval. AGENDA ITEM #3B: This resolution allows Mr. Spatz to build a large attached garage at 28235 Boulder Circle. It also allows approximately 300 yards of fill to be brought in to relocate the driveway. Four-fifths vote is required for approval. #3A: This resolution allows Mr. Lind to build an attached garage at 26400 Strawberry Court, in with his new home. Four-fifths vote is required for AGENDA ITEM #3C: This resolution corrects an erroneous legal description which deeded a designated wetland to the City as part of a 1992 sUbdivision on Lilac Lane. AGENDA ITEM #30: This motion allows Edwin Jenkins and Carolyn ." Carver to request a residential water connection from the City of Minnetonka. A water connection agreement is enclosed. AGENDA ITEM #3E: This resolution allows McNulty Construction Company to combine four existing townhome unit lots into two courtyard home lots on Bayswater Road in Amesbury West. AGENDA ITEM #3F: This is simply a "housekeeping" resolution necessary to receive Hennepin County recycling funds. AGENDA ITEM #3G: This is a "housekeeping" resolution necessary because a deed was never recorded at the time the lift station was given to the MWCC many years ago. The City Attorney has a brief memo of explanation. AGENDA ITEM #3H: This resolution approves a two-lot subdivision on the east side of Ridge Road. Among the stipulations for approval, .. the applicant must dedicate additional road easement for Ridge Road. AGENDA ITEM #4: Rather than granting a lot width variance to allow Whitley Mott to subdivide the property at 24850 Yellowstone Trail into two lots, the staff and Planning Commission recommend a variance to SUbdivision Ordinance requirements which require installation of a street within one year. In this way Mr. Mott's new lot has frontage on a public (although undeveloped) street, and the City acquires the right-of-way for any future development of the site. Four-fifths vote is required for approval. AGENDA ITEM #5: Having approved additional street lights at the intersections of Howard's Point Road and Brentridge Drive, it has been brought to our attention that a 1988 petition from Howard's Point Road residents opposes street lighting in their area. Those residents and the recent petitioners who want lights have been advised that this matter will be reconsidered at the January 10th Council meeting. EXECUTIVE SUMMARY - JANUARY 10, 1994 COUNCIL MEETING Page 3 of 3 AGENDA ITEM #6: This item should have been listed as a resolution to approve the final plan and final plat for the Gideon's P.U.D. - an 18 unit twinhome project located in the northwest quadrant of Glen Road and County Road 19. Approval requires four-fifths vote. Please note that the Planner's memorandum for this item will be delivered under separate cover. AGENDA ITEM #7: The first ordinance simply adopts the Minnesota Uniform Fire Code in its current state. The second ordinance adopts recommendations from the DNR and our local Fire Marshal requiring a permit for any kind of burning within the City. Please review the attached memorandum. AGENDA ITEM #8: Consideration of an amendment to allow parking on one side of Christmas Lake Road was delayed to this meeting so that Council member Benson had an opportunity to discuss the issue with Christmas Lake residents. . AGENDA ITEM #9: Enclosed is the City Engineer's report on Brynmawr subdivision. The Engineer will raise several issues regarding public improvements for this development. The enclosed resolution accepts the report and establishes a public hearing on the proposed improvements. . AGENDA ITEMS #13 A. B & C: Please review the packet of material for this item. We should take several minutes to review our mission statement and values for the television camera. The remaining time could be for questions or discussion on 1993 objectives and identifying issues for 1994 which could then be prioritized by the Council at the January 24th meeting. AGENDA ITEM #13D: During the Council's discussion with the Police Chief late last year, it was determined that he would prepare a memorandum discussing a potential part-time traffic enforcement specialist. The memorandum is enclosed. The Chief will be attending the meeting at about 8:00 p.m. for discussion of this item. AGENDA ITEM #14: Please read the enclosed memorandum regarding the use of previously budgeted funds for a "technology assessment". **** Following the regular City Council meeting, the Council will meet in work session format. A. The Council will review a memorandum prepared by Planner Brad Nielsen regarding timing for the review of the issue of municipal water. B. The City Engineer will report back to council on further analysis he was asked to complete on a special assessment formula for reconstruction projects. Following the Work Session I would like to have a brief discussion with the Council in Executive Session concerning labor negotiations and other personnel matters. , . . y CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, DECEMBER 13, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:15 p.m. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Acting Mayor Daugherty at 7:15 p.m. A Pledge of Allegiance B. Roll Call Present: Acting Mayor Daugherty; Councilmembers Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, Planning Director Nielsen, and Financial Director Rolek. Absent: Mayor Brancel and Councilmember Benson. C. Review Agenda Lewis moved, Stover seconded to approve the Agenda for December 13, 1993, with postponement of Agenda Item 10.C. and cancellation of the Executive Session. Motion passed 3/0. D. Presentation to Daniel Randall Acting Mayor Daugherty presented a plaque to Daniel Randall, Public Works Department, acknowledging with appreciation his 20 years of service to the City of Shorewood. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes and Work Session Minutes - November 30, 1993. Lewis moved, Stover seconded to approve the City Council Meeting Minutes and Work Session Minutes of November 30, 1993. Motion passed 3/0. Presentation by South Shore Senior Citizens Two residents representing the South Shore Senior Citizens distributed tokens of appreciation for the efforts of the Council and staff on their behalf during the past year. 1 ff vi/It I REGULAR CITY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 2 3. CONSENT AGENDA Acting Mayor Daugherty read the Consent Agenda for December 13, 1993. Stover moved, Lewis seconded to approve the Consent Agenda and to adopt the Motions and Resolutions contained therein: A. RESOLUTION NO. 93-113 "A Resolution Approving Licenses for Refuse Collectors." (January 1, 1994-December 31, 1994) RESOLUTION NO. 93-114 "A Resolution Approving Licenses for Tree Trimmers." (January 1, 1994-December 31, 1994) B. Motion to Approve Lease Amendment No.9 for Liquor Store No.2. (October 1, 1993-September 30, 1966) C. Motion to Approve Extension of Notice to Remove. Applicant: Michael Heiland. Location: 5950 Mill Street. D. Motion to Direct the City Engineer to Prepare a Feasibility Report for Installation of Public Utilities. (Brynmawr Place, Howards Point Road) E. RESOLUTION NO. 93-115 "A Resolution Authorizing the Transfer of Funds. Motion passed 3/0. ~ y' . 4. RECONVENED PUBLIC HEARING 7:15 P.M. - PROPOSED 1994 BUDGETS AND THE 1993 PROPERTY TAX LEVY COLLECTIBLE IN 1994 Acting Mayor Daugherty opened and closed the public hearing at 7:25 p.m. there being no . comments from the public. Hurm directed the Council's attention to information provided for Agenda item 8 relating to the City's participation in general construction and signal costs for the Vine Hill/Highway 7 intersection re-construction project to be completed and financed primarily by the Minnesota Department of Transportation (MnDot) in 1994. He stated the Capital Improvement Plan before the Council for approval includes the additional associated costs for the project in the amended CIP pages included with Dresel's December 7 letter outlining those costs. Stover expressed confidence in the staffs recommendation which concludes the costs are reasonable considering the benefits to be received by the City. Dresel pointed out the information provided by MnDot for the City's cost for the service road improvement is preliminary but is nonetheless included in the amended CIP. If the estimates change in the future, Council has authority to amend the CIP. Dresel noted that according to MnDot, the 2 I., REGULAR CITY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 3 estimated total cost of the intersection reconstruction has doubled from the earlier estimate to about $800,000. He explained the Council will only be asked to agree to the signal cost participation agreement at this time. Lewis inquired whether the project could be delayed or if additional expenses could be shifted to the City. Dresel responded that if the Cities (Shorewood and/or Deephaven) declined to participate, the project would be delayed, and MnDot is responsible for funding the major portion of the project. Hurm recommended the estimated $33,000 costs for the service road improvement be included in the 1994-1998 Capital Improvement Plan. A. Motion to Adopt a Resolution Approving the 1994 Budgets and Approving the 1993 Property Tax Levy Collectible in 1994 Lewis moved, Stover seconded to adopt RESOLUTION NO. 93-116, "A Resolution Adopting the 1994 Budgets and Approving the 1993 Property Tax Levy Collectible in 1994." . Motion passed 3/0. B. Motion to Approve the 1994-1998 Capital Improvement Plan Lewis moved, Stover seconded to approve the 1994-1998 Capital Improvement Plan, as amended. Motion passed 3/0. C. Motion to Adopt a Resolution Approving the 1994 Capital Budget Lewis moved, Stover seconded to adopt RESOLUTION NO. 93-117, "A Resolution Adopting a Capital Improvement Budget for the Year 1994." . Motion passed 3/0. 5. CONSIDERATION OF A PLAN FOR BEVERLY DRIVE/CA.TED LANE Daugherty explained that the Council will consider a preliminary staff recommendation with regard to the traffic issues raised by residents of Beverly Drive, Cajed Lane, Afton Road and Cathcart Road. Dresel presented a brief summary of the current status of the issue. A clear consensus for a solution did not result from neighborhood meetings held recently. Comment sheets from residents were distributed to Councilmembers. Dresel reviewed recent traffic count information on the affected streets. Dresel stated the recommendation of the staff is to place a "no right turn" sign on Smith town Road eastbound at Cajed Lane and a "no left turn" sign on Cathcart at Beverly Drive. This should eliminate cut-through traffic and keep a public street open for public and emergency use around the clock. Dresel indicated that although some Beverly /Cajed residents will be required to drive farther, a cul-de-sac would 3 J REGULAR CIlY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 4 have the same effect. He cautioned that a "no left turn" sign will result in more traffic on Smithtown Road and Mton Road and that situation should be monitored. Dresel acknowledged the recommendation will require Beverly and Cajed residents to utilize Smithtown Road to reach their residences from Cathcart. Daugherty reiterated the proposal before the Council is merely a recommendation for consideration and that action will not be taken at this time. He stated a forum will be opened following Council discussion for those residents present wishing to make comments and additional comments will be collected from the residents for the City's further consideration in January 1994. Stover inquired whether the proposed recommendation will redirect traffic to Mton Road. Dresel reiterated that result may occur and recommended that traffic be monitored to determine the extent of the increased traffic on Mton and on Cathcart. Stover inquired whether a solution for additional traffic on Cathcart is available. Dresel stated that the overall traffic count on all the affected streets are termed as a very low residential street . count. Daugherty opened a public forum at 7:43 p.m. Mr. Earl Bakken, 6040 Cajed Lane, stated traffic has been reduced about 50% since the "No Through Traffic" signs were posted in the area. He inquired when the traffic counts were taken. Dresel responded the counts are averages taken over the past month or two. Bakken stated most citizens are obeying the signs and the reduction in traffic is noticeable. He stated he disagreed with the one-way street alternative since residents would likely disregard the signs to reach their homes rather than driving all the way around. Ms. Pam Whelan, 5910 Cathcart Drive, agreed with Mr. Bakken's viewpoint. She stated the residents originally preferred installation of a cul-de-sac, however, the "No Through Traffic" signs have helped and since the neighborhood information meetings, the residents realize .. how much property would be taken from their yards for a cul-de-sac. In addition, she stated the residents do not want a one-way posting. She suggested leaving the situation as it is and re-contact the residents at a later date. ' Daugherty closed the public forum at 7:50 p.m. Dresel stated a summary of this discussion would be sent to the affected residents and the matter will be referred back to the Council in January 1994. Daugherty suggested the staff distribute a summary letter/survey advising that no action was taken by the Council and that none will be taken until a response is received from the affected residents regarding the traffic situation. The Council agreed with this strategy. 6. CONSIDER AMENDMENT TO ORDINANCE NO. 277 PROHIBITING DISCHARGES INTO THE SANITARY SEWER 4 . . .. REGULAR CITY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 5 Nielsen reviewed the recently enacted ordinance requiring an inspection program to enforce an ordinance that building sump pumps may not discharge ground water into the sanitary sewer system. During the inspection program it has been discovered that some properties have sump baskets or basins, but do not have a pump at the present time. This amendment provides that any building/home that has a drain tile system or a basket must have rigid plumbing providing for discharge outside of the house/building. The current language in the Code only requires such plumbing where a sump pump exists. Lewis inquired whether the tile system will be required to be included by building contractors. Nielsen responded that contractors will be required to provide the plumbing as specified in the Ordinance. Lewis inquired whether the amendment will be retroactive to inspections already completed. Nielsen stated it will not be retroactive, however, owners of buildings where such a situation exists will be advised of the plumbing requirements, and that inspections made from now on and any new construction will be required to comply. Daugherty inquired why the City would require expenditure for the plumbing system if a sump pump does not insist. Nielsen stated that while it is a simple procedure to install a sump pump, it is not the City's intent to re-inspect those buildings that were in compliance this year, but had a sump basket or basin. He indicated that builders are advised that a tile system is the least expensive method for discharging ground water outside. Stover moved, Lewis seconded to adopt ORDINANCE NO. 282, "An Ordinance Amending Section 904.09, Prohibiting Discharges into the Sanitary Sewer System." Motion passed 3/0. 7. CONSIDER AN AMENDMENT TO CHAPTER 702 OF THE MUNICIPAL CODE REGARDING HORSES AND PONIES Keane stated the proposed change is a minor text amendment to Section 702 resulting from an observed conflict between the zoning ordinance and the horse regulation. Specifically, the zoning ordinance prohibits electric and barb wire fences in all districts and the horse regulation makeS reference to enclosure of confined horse areas with wood, metal, or electric fences. Whenever two ordinances conflict, the stricter one applies. This amendment deletes the reference to electric fences as a permissible method to confine horses and brings Chapter 702 into consistency with the zoning ordinance. This conflict surfaced during the City Clerk's administration of horse/stable permits. Stover stated that enclosing horses necessitates the use of electric fences. The prohibition of barb wire fence was generally for the protection of persons walking through. Since this type of fence is needed to confine horses, Stover suggested that rather than prohibit this for horse owners, a better solution would be to install a secondary fence adjacent to, on the outside of, the barb wire or electric fence. She pointed out that non-confinement of horses is prohibited. Keane outlined three options to deal with the conflicting provisions: 1) deletion of the 5 If REGULAR CI1Y COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 6 reference to permitting electric fences; 2) permit electric and/or barb wire fences within an enclosed perimeter of other fencing materials; 3) permit electric and/or barb wire fences. Rurm added that the next licensing cycle is May 15, 1994. Five permits are involved. Lewis suggested the matter be referred to the Planning Commission and requested that the Commission present a recommendation regarding the issue for the Council's consideration at a future date. Stover and Daugherty agreed that the issue be referred to the Planning Commission. Following a brief dialogue among the Councilmembers, they agreed to hear comments regarding the issue from a resident in attendance at this meeting, notwithstanding the fact that the Council would not take action on the proposed amendment at this time. Acting Mayor Daugherty opened a public forum at 8:10 p.m. Ms. Pat Whelan, 5910 Cathcart Drive, recommended allowing electric fences for confining . horses primarily for safety reasons. She stated such fences are the only type that will contain horses effectively in an area. Daugherty closed the public forum at 8:10 p.m. 8. CONSIDERATION OF ISSUES RELATING TO VINE HILL/TRUNK HIGHWAY 7 INTERSECTION Daugherty noted this matter was discussed in connection with the prior approval of the 1994-1998 Capital Improvement Plan. Dresel recommended the Council accept the terms of the Traffic Cost Participation and Maintenance Chart. Basically, Shorewood will pay about $5,500 for signal construction and will pay for 50% of future maintenance and power with Deephaven providing the other . 50%. Shorewood currently pays 100% of the maintenance and power costs. Subsequently, a formal agreement developed by MnDot detailing the various aspects of the cost participation will be presented to the Council for approval. Lewis indicated acceptance of the signal agreement. He inquired why the project costs have substantially increased from earlier estimates. Dresel explained that design plans have been developed to a more detailed level. He pointed out that although MnDot's budget has been reduced 40%, the project is considered a high priority for completion due to safety considerations. Final design plans will be prepared by year-end and contracts will be let in March 1994. Dresel noted the Minnetonka School District desires that the project be completed by September 1994. Stover moved, Lewis seconded to preliminarily agree to the terms of the Traffic Signal Cost Participation and Maintenance Chart as outlined in the Engineer's letter of December 7, 1993. 6 , REGULAR CITY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 7 Motion passed 3/0. 9. PARK - Report by Representative/Report on Foundation Concept Elizabeth Fuller reported on the activities of the Park Commission. She distributed and reviewed a document, "Establishing a Park Foundation or Non-Profit Corporation," outlining the history and impetus for developing the Foundation concept; the Park Foundation concept; and the Park Commission's position regarding the concept. Commissioners McCarty and Lindstrom are working with sports and other interested groups and organizations on the plan. The Council will continue to be advised of developments. Daugherty indicated the concept is worth pursuing as a viable concept for enhancement of the park system. Hurm invited the Councilmembers to participate in development of the bylaws of the foundation/corporation. . 10. PLANNING - Report by Representative Doug Malam reported on the discussions and actions taken by the Planning Commission at its December 7, 1993 meeting. He noted that Commissioner Jim Pisula will represent the Commission at 1994 Council meetings. The Council thanked Malam for his quality reporting during the past year. A. Motion to Direct Staff to Prepare Findings of Fact Approving a C.U.P. - Accessory Space in Excess of 1200 Sq.Ft. Applicant: Ron Lind. Location: 26400 Strawberry Court. Lewis moved, Stover seconded to direct the staff to prepare findings of fact approving a C.U.P.-accessory space in excess of 1200 sq.ft. for Ron Lind at 26400 Strawberry Court. . Motion passed 3/0. B. Motion to Direct Staff to Prepare Findings of Fact Approving a C.U.P. - Accessory Space in Excess of 1200 Sq. Ft. Applicant: Dean Spatz. Location: 28235 Boulder Circle. Stover moved, Lewis seconded to direct the staff to prepare findings of fact approving a C.U.P.-accessory space in excess of 1200 sq.ft. for Dean Spatz, 28235 Boulder Circle, subject to the correction of existing nonconformities and drainage issues. Motion passed 3/0. C. Motion to Direct Staff to Prepare Findings of Fact Approving a Simple Subdivision/Lot Area Variance. Applicant: Gregory Erickson. Location: 5290 Howards Point Road. POSTPONED. 7 I REGULAR CITY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 8 D. Resolution Approving a Simple Subdivision/Lot Combination. Applicant: McNulty Construction. Location: 4611-17 Bayswater Road. Lewis moved, Stover seconded to approve a simple subdivision/lot combination for McNulty Construction, 4611-17 Bayswater Road, subject to the Attorney's review of the existing covenants for the property. Motion passed 3/0. E. Motion to Direct Staff to Prepare Findings of Fact for a Preliminary Plat and Lot Width Variance. Applicant: Whitley Mott. Location: 24850 Yellowstone Trail. Nielsen clarified that the request before the Council is for a lot width variance which the Planning Commission did not recommend. Rather, the Commission and staff recommend . approval of a preliminary plat which would provide a dedicated street right-of-way to serve the newly created lot and that provisions of the final plat would require construction of a street and utilities at such time as the new lot is resubdivided. Nielsen stated the Ordinance requires the Council to hold a public hearing in connection with this request. He recommended the matter be tabled and that the Council set its next meeting, January 10, 1994, for the hearing. Stover moved, Lewis seconded to table to January 10, 1994, the revised preliminary plat request of Whitley Mott, 24858 Yellowstone Trail. Motion passed 3/0. 11. MATIERS FROM THE FLOOR - None. ADMINISTRATOR AND STAFF REPORTS . 12. Hurm reported the receipt of a $2500 donation from the local American Legion for park playground equipment bringing its total contribution this year to $6,000. Council expressed appreciation for the Legion's admirable support of the City's parks. A. Staff Report on Bike Path along Old Market Road Dresel explained that the possibility of one lane of parking on Old Market Road has been investigated. Parking is currently precluded to accommodate the bike lane. Detaching the bike lane by constructing it off the road raises two questions: 1) would the City still receive State Aid (MSA) funding for the trailway /bike path and 2) could it still legally be called a bike path with a 25 mph limit on the Road. Dresel stated that his review of the rules suggests no reasons why State Aid would not continue, and suggested that a preliminary plan be developed for consideration by the State. Keane stated that his review of the applicable statutes indicates that there appears to be no conflict with the plan for segregation of the 8 . . , REGULAR CITY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 9 parking lane and the bike path. Hurm stated the off-street trail is included in the CIP for 1994. Staff inquired whether the plan should be developed. Dresel further explained the parking and bikeway plan and indicated unless the Council objects, the plan will proceed as included in the CIP. Hurm noted the Park Commission has discussed the proposal and volunteered to contact the affected residents door to door. Daugherty suggested that a letter be sent to the affected residents notifying them of the plans. The Council concurred in the recommendation. 13. MAYOR AND COUNCIL REPORTS A MWCC Task Force Report Keane reported on the recent Metropolitan Council meeting attended by himself, Councilmember Benson, Hurm, and Dresel. The Council was presented with a resolution from the Metropolitan Waste Control Commission (MWCC) directing the County Auditor to levy the shortfall between what the City has been paying the Commission and what the Commission has been billing the City for service. The Council will take final action on the resolution at its December 16 meeting. A presentation outlining the City's position was made to the Metropolitan Council. Keane stated a settlement was offered by the MWCC staff. The Council, however, declined to consider the settlement and preferred to proceed with the levy certification. Keane outlined the City's legal claims against the MWCC, Metropolitan Council and Hennepin County Auditor: 1) challenge the levy certification on a constitutional basis, 2) challenge the validity and accuracy of the charges as specifically allocated to the City of Shorewood, and 3) challenge the allocation system itself as being contrary to the statutory requirements that charges be fair, reasonable and equitable as it relates to the communities. He recommended that other "wet" communities be invited to participate both in the spirit and financial participation against the Metropolitan Council and the MWCC. This would broaden the base of the "wet" community vs. the "dry" community discussion and elevate the importance of the issue before the Court. Keane stated that during the City's presentation, it was specifically made a part of the record that the City wishes to move the dispute to an Administrative Law Judge and Hearing Examiner at the State level. The Council, however, rejected the request. Keane stated the request will be restated when the injunction is submitted to the Court. Keane stated the City's motion for an injunction against the defendants before District court will be brought this week. An immediate response and ruling will be requested since the levy will be certified for the coming tax year on December 28, 1993. Keane stated that once the levy is effected against Shorewood residents, there is no recourse and it will be payable in 1994. The Councilmembers discussed the Issues; staff members answered questions. It was 9 , ' REGULAR CITY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 10 suggested that residents may wish to contact elected officials regarding this issue to support the City's position. Stover moved, Lewis seconded to direct the City Attorney to proceed with the claims as set forth to bring those about prior to the administration of the levy on December 28, 1993. Motion passed 3/0. 12. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Lewis moved, Stover seconded to adjourn the City Council Meeting at 9:25 p.m. subject to the approval of claims. Motion passed 3/0. RESPECTFULLY SUBMITTED, . Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: ROB DAUGHERTY, ACTING MAYOR JAMES C. HURM, CITY ADMINISTRATOR . 10 CITY OF SHOREWOOD RESOLUTION NO. 94- A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR 1994 WHEREAS, it has been the policy of the Shorewood City Council to make annual appointments to fill certain offices and positions within the City government at the beginning of each year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That the following persons are appointed to the following offices and positions until the 1995 City Council organizational meeting: 1. . Acting Mayor: Rob Daugherty Council Representatives to: a. b. c. d. e. f. g. h. i. . j . Park Commission: Planning Commission Liaison: Liquor stores: Minnehaha Creek Watershed District: Lake Minnetonka Cable Commission: Regional Transit Board: Association of Metro Municipalities: Minnetonka Community services: Tad Shaw Coordinating Committee South Lake Minnetonka Public Safety Department: LMCD Alternative (Council Liaison): Representatives to Affiliated organizations: a. Lake Minnetonka Conservation District: Robert Rascop (term expires Sept, 1995) b. Lake Minnetonka Cable Commission: Bob Gagne c. South Lake Senior Center Task Force: Bob Gagne d. West Hennepin Human Services Planning Board: Jean Uglem & Susannah Dodson City Attorney: Tim Keane, Larkin, Hoffman, Daly & Lindgren, Ltd. city Prosecutor: Kenneth N. Potts IJE/ CITY OF SHOREWOOD RESOLUTION #94- page Two: Annual Appointments 1994 City Engineer: Joel Dresel, Orr, Schelen, Mayeron & Associates, Inc. civil Defense Director: SLMPSD Police Chief Richard Young Official Depositories: First state Bank of Excelsior & other Depositures as necessary Official Newspaper: Sailor Newspaper Weed Inspector: Mayor Barbara Brancel Assistant Weed Inspectors: Charles Davis & Joe Lugowski 2. That the Blanket Bond (Official Bonds) is approved. . 3. That such appointments shall take effect on the date hereof and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of January, 1994. Barbara J. Brancel, Mayor ATTEST: . James C. Hurm, City Administrator 3= ~~ "~'('-) Lj"~) ~_.~~_._,_ December 30, 1993 Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 8I~A~ft(i)CK AGENCIES. INC. Dear Ladies and Gentlemen: As you will recall, you appointed me as Shorewood representative on the Minnetonka Community Education and Services board in October. My appointment appears to end on the 31st of December, and I would appreciate being reappointed to this board for an added 6 months. . There are two developments that I would like to see through to their conclusion... . Since the inception of the program, each city has been assessed a fee based upon population. The charge at the outset was 50 cents per person, and was billed directly to each participating city. Recently, the city of Minnetonka has refused to pay this fee, and the board is wrestling with how to handle this. Part of the solution is that the population figures have been updated, and each of the cities has been billed based on 1990 figures instead of 1970. It appears that Minnetonka AND Chanhassen are reluctant to pay this fee. All of the cities have seen their fees change; Shorewood has a significant increase. I have taken the position as Shorewood's representative that we will not pay our fee if Minnetonka and Chanhassen don't pay. According to the bylaws, failure to pay does not now affect the voting membership on the board. This issue will be resolved during the n~xt 6 months by a change in the bylaws. Either all of the cities will be required to pay the fee, or the fee structure will be dropped in favor of a slight mill increase (we are better off with the fee basis!!). The second development is a change in the entire operation of the board. For example, the terms of the at-large delegates, and the representatives from the school board have been changed to run with the MCES budget year, which is July 1 - June 30. All of the cities will be asked to appoint their representative on the new basis when all of the changes are passed and approved. with the change in timing, the MCES board feels that newly-appointed or elected members will have a better grasp of the operations when it comes time for budget decisions in February. Other changes have been proposed, and we should develop better 1 PHONE 612-474-0929 FAX 612-474-0712 443 UNION PLACE P.O. BOX 438 EXCELSIOR, MN 55331 utilization of the abilities and interests of the board members. With 13 years of continuous membership on the MCES Advisory Council, I think I can provide the kind of interested, active representation on the board that will serve Shorewood well. Thank you for your consideration. ~~ lJf1A%(;- 2 . . CITY OF SHOREWOOD RESOLUTION NO. 94- A RESOLUTION MAKING APPOINTMENTS WHEREAS, the City of Shorewood has advertised for Shorewood citizens to apply to serve on various city Commissions; and WHEREAS, the City Council has completed a review and selection procedure for appointment to said commissions. NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Shorewood hereby makes the following appointment to commissions effective immediately: Park Commission: . Member Term Roxanne M. Martin Daniel J. Waibel thru 1996 thru 1996 said appointments completes the seven member Park Commission which consists of the following additional members: Member Term Jennifer McCarty Jim Wilson steven Dzurak Elizabeth Fuller Mary Bensman thru 1994 thru 1994 thru 1995 thru 1994 thru 1995 . Planning Commission: Member Term Robert Bean Kirk Rosenberger thru 1996 thru 1996 Said appointments completes the seven member Planning Commission which consists of the following members': Member Term Deborah Panas-Borkon Jim Pisula Douglas Malam Laura Turgeon Jeff Foust thru 1994 thru 1994 thru 1995 thru 1994 thru 1995 I!/)/'J Y/7\/).~ CITY OF SHOREWOOD RESOLUTION #94- Page 2 BE IT FURTHER RESOLVED that the City Council hereby makes the following position appointments for the year 1994: Park Commission: chairperson Jennifer McCarty Vice Chairperson Mary Bensman Planning Commission: Chairperson Kirk Rosenberger Vice chairperson Deborah Panas-Borkon ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD lOth day of January 1994. this Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator . . 12/27/93 CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDmONAL USE PERMIT FOR ADDmONAL ACCESSORY SPACE TO RON LIND WHEREAS, RON LIND (Applicant) is the owner of real property located at 26400 Strawberry Court, in the City of Shorewood, County of Hennepin, legally described as: "Lot 1, Block 1, Shorewood Suburban Estates"; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of an attached garage, the area of which is 1361 square feet; and . WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 1 December 1993, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 7 December 1993, the minutes of which meeting are on file at City Hall; and . WHEREAS, the Applicant's request was considered by the City Council at their . regular meeting on 13 December 1993, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE,. BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the total proposed accessory space (1361 square feet) does not exceed the floor area above grade of the principal structure (1857 square feet). 2. That the total area of accessory space does not exceed 10% of the minimum lot area for the R-1A Zoning District in which it is located (4,000 square feet). 3. That design and materials of the garage are consistent with the architectural character of the existing home. 4. That the proposed garage complies with all setback requirements for the R-1A District. 3A CONCLUSION 1. That the application of Ron Lind for a Conditional Use Permit as set forth hereinabove be and hereby is granted. 2. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 10th day of January, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm City Administrator/Clerk - 2 - . . 12/27/93 CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT . FOR ADDITIONAL ACCESSORY SPACE AND FILL IN EXCESS OF 100 CUBIC YARDS TO DEAN SPATZ WHEREAS, DEAN SPATZ (Applicant) is the owner of real property located at 28235 Boulder Circle, in the City of Shorewood, County of Hennepin, legally described as: "Tract A, Registered Land Survey No. 1337"; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of an attached garage, the area of which, when added to the area of existing accessory space, will bring the accessory space up to 1378 square feet; and . WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit to place approximately 300 cubic yards of fill to construct a new driveway on the above- referenced property; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit to place fill in excess of 100 cubic yards; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 30 November 1993, which memorandum is on file at City Hall; and WHEREAS, the Applicant's request was reviewed by the City Engineer, and his recommendations were duly set forth in a letter to the Planner, dated 27 November 1993, which letter is on file at City Hall; and . WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Plarining Commission at their regular meeting on 7 December 1993, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 13 December 1993, at which time the Planner's memorandum, the Engineer's letter and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the total proposed accessory space (1378 square feet) does not exceed the floor area of the main level of the principal structure (4570 square feet). 2. That the total area of accessory space does not exceed 10% of the minimum lot area for the R-1A1S Zoning District in which it is located (4,000 square feet). 3. That design and materials of the garage are consistent with the architectural character of the existing home. --:J .?>1~ 4. That the proposed garage complies wilh all setback requirements for the R-IA1S District. 5. That two existing detached accessory buildings located on the property do not meet setback requirements. 6. That the proposed relocation of the driveway and placement of fill will correct existing drainage problems on the site. ' CONCLUSION 1. That the application of Dean Spatz for a Conditional Use Permit as set forth hereinabove be and hereby is granted. 2. That this approval is subject to the following: a. The small utility shed located near the north property line must be removed. . b. The larger utility shed located near the street must be relocated to comply with setback requirements. c. Site grading shall comply with the recommendations of the City Engineer. d. Items a. - c. must be completed by 1 June 1994. 3. That the City Administrator/Clerk is fiereby authorized and directed to provide a certified copy of this Resolution for filing wilh the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 10th day of January, 1994. . ATTEST: Barbara J. Brancel, Mayor James C. Hurm City Administrator/Clerk - 2 - MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331.8927 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen . DATE: RE: 6 January 1994 Nelson/Knaeble Subdivision - Corrected Legal Description FILE NO.: 405 (92.24) A simple subdivision approved in October 1992 for David Nelson and Peter Knaeble contained an erroneous legal description for a wetland parcel which was to be conveyed to the City. The attached resolution corrects that legal description. If you have any questions relative to this matter, please contact me prior to Monday night's meeting. . cc: Jim Hurm Tim Keane Joel Dresel Cynthia M. Smith A Residential Community on Lake Minnetonka's South Shore ~.G,4 CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION CORRECTING A LEGAL DESCRIPTION WHEREAS, in October of 1992 the City of Shorewood approved, by Council Resolution No. 107-92, a simple subdivision for David A. Nelson and Peter Knaeble; and WHEREAS, the subdivision required dedication of a parcel of land for wetland conservation; and . WHEREAS, an error has been discovered in the legal description for the wetland parcel (Lot 3). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the legal description for Lot 3, shown on Exhibit A of Shorewood Resolution No. 107-92 be amended to read: "That part of Lot 135, Auditor's Subdivision Number 120, Hennepin County, Minnesota, described as follows: . Commencing at the southeast comer of said Lot 135; thence South 88 degrees 34 minutes 58 seconds West, assumed bearing, along the south line of said Lot 135, a distance of 160.00 feet; thence North 4 degrees 11 minutes 38 seconds West 212.71 feet to the point of beginning of the parcel to be described; thence North 88 degrees 06 minutes 50 seconds East 68.16 feet; thence North 29 degrees 33 minutes 04 seconds East 195.78 feet to a point on the east line of said Lot 135; thence northerly to the northeast comer of said Lot 135; thence westerly to the northwest comer of said Lot 135; thence southerly along the westerly line of said Lot 135 to a line which bears North 60 degrees 00 minutes 35 seconds West from the point of beginning; thence South 60 degrees 00 minutes 35 seconds East to the point of beginning." 2. That those parties having an interest in the property provide the City with a revised deed containing the amended legal description in 1. above. 3. That the City Clerk furnish Equity Title Services with a certified copy of this resolution for recording purposes. 4. That Equity Title Services record this resolution together with the revised deed, described in 2. above, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of January 1994. , MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612)474-3236 MEMORANDUM TO: Mayor and City Council FROM: . DATE: Brad Nielsen 6 January 1994 RE: Jenkins/Carver - Request to Connect to Minnetonka Water FILE NO.: Property - 5350 Vine Hill Road In the attached letter (Exhibit A) dated 12 December 1993, Edwin Jenkins and Carolyn Carver request approval to connect their property (see Site Location map - Exhibit B, attached) to the Minnetonka water line located on the east side of Vine Hill Road, in front of their lot. We currently have no standard agreement with Minnetonka for requests such as these, other than they would like to receive requests officially through the City. For the last request of this nature, we entered into an agreement with the property owner. . A draft agreement for this request is attached as Exhibit C. It is recommended that the Council authorize the City Administrator and Mayor to execute the agreement to be forwarded to Minnetonka. Please note that your agenda lists this as a resolution. This should be c?anged to II A Motion Authorizing Execution of a Water Connection Agreement". If you have any questions relative to this matter, please call me prior to Monday night's meeting. cc: Jim Hurm Tim Keane Joel Dresel AI Rolek Dave Sonnenberg Edwin Jenkins/Carolyn Carver A Residential Community on Lake Minnetonka's South Shore ~, "...-.:., ,~ ) 'L/' , , . . Edwin D. Jenkins Carolyn S. Carver 3625 Parkway Deephaven, MN 55391 December 12, 1993 Members of the City Council City of Shorewood 5755 Country Club Road Shorewood, rvIN 55331 Re: Water service, 5350 VinehiII Road To the members of the City Council: We respectfully request your consent and assistance to connect to the water line of the City ofMinnetonka to provide water service to our property located at 5350 VinehiIl Road in Shorewood, the legal description of which is shown on the attached survey. Ms. Carolyn S. Carver and I are currently having a single-family home built on the above described property and would like to tie into the ~finnetonka water service versus Shorewood water service because of considerations of time, e:\-pense and disruption to adjacent property. A service stub for Shorewood city sewer is located at the front edge of our property, which we plan to have our builder request permission from the City of Shorewood to tie into. Our property is on the eastern edge of Shorewood. VinehiII Road represents the east/west dividing line between the cities of Shorewood and MinnctonIm in cur loc~tion. A new tO~~T.house development. "Ashcroft" by Mark Z. Jones, is under construction immediately across Vinehill Road from our lot. This project has new ~nnetonka city water lines and there is a curb stop for water connection directly across from our lot. Prior to purchasing the lot this summer, Carolyn Carver and I had discussions with the .city engineers of both Shorewood and Minnetonka about water service for the lot. The City ofMinnetonka indicated that it would not be a problem to tie into the Minnetonka water service. All they would need is a request from the engineer from the City of Shorewood. The discussions with the city engineers of Shorewood and Minnetonka concluded that our water service connection options include: (1) Having the City of Shorewood tie into an existing curb stop which currently terminates on the far (north) end of the property north of our lot. digging an approximately 150 foot trench across the front of this adjacent lotJo connect the water service to 5350 Vinehill Road. The cost for this would be Exhibit A APPLICANT'S REQUEST LETTER Dated 12 December 1993 . . Members of the City Council December 12, 1993 Page - 2 an initial charge of $4,000 for hookup, with a portion of the costs to be reimbursed, up to a maximum of $2,000; or (2) Having the City of Shorewood engineer provide a written request to the City ofMinnetonka engineer, requesting hookup to Minnetonka's city water for 5350 Vinehill Road, then running a "mole" approximately 30 feet underneath Vinehill Road from the Ashcroft curb stop to our property, to install another curb stop and riser for water service at 5350 Vinehill Road. This work could be done in one day, without digging up either the Vinehill Road or any adjacent property, at a cost of approximately $800. Due to the ease of installation, much lower cost and the fact that there would be virtually no disruption of property, the second alternative is much more preferable to us. The second alternative also provides the least amount of inconvenience to the surrounding area, as our neighbor would not have the access to his home disturbed by the need to dig a trench to run a water line under his driveway to our property to the south. Given these circumstances we respectfully request your consent to water connection with the City of Minnetonka. If there are any questions concerning this request please contact us at either 476-1119 (home) or 973-0588 (office). "Sincerely t:::" \., S~ ' \\.'",~_,_ =--~"""- __ '""""'-''' .....-s..::.......~~_\,.::..........~- -::. Edwin D. Jenkins .J G';: /' C t. . f ; ;{v'L--t;..- -(..R1~ , Carolyn S. CarVer /.; j -r- \. -,: I ,{ /1 ",,-<"--L/ L..-. "'- - enclosure: Surveyor's Certificate ,.., ...; '" S~,~\ 1 ~ 3 ~. ~ (43) ~~ ,., .. ( 8) .. .:,'1,;-. . - - \ . I ulr - - - - - \ . I of ~ #' ., I \" I ,,,' ~"... ~ ' , . I I,. , .. \ I;)J..t-: ,"1.: c \ . ~. I ,;Q _ _ _ ~- :-- 133 I ,(... ,-,. t' ----- , , ~i ;5)- \-~~~)---_::: , I I""'" 1" --. -..... .' J3'1): '1-'.-'- ~ -.-: , 'I IOO---~ _, I I.; : (35) ~ I., :, \ A.V . (:8 ~ 15 : \-\ ' ~ ,_ ' I f : ~: : :-_____l~L I (3"') : I ____J oJ I , I :~., : I I -- : : , , , (38) ( I) s:l Nag" IT' Ir'E of> ..p. 3Z5 ,I;" "- - -,.. __<I, ,. -,-.. ( 57) < "S-: "'-' .:." ~'l,;~~ ...----= . V (58) . . . '.' O.t.): RES Exhibit B SITE LOCATION 5350 Vine Hill Road (~. , '. . ~ . ~.' ..~.:., I .. :- WATER CONNECTION AGREEMENT THIS AGREEMENT, made this day of , 1994, by and between the CITY OF SHOREWOOD, a municipal corporation, (the "City") and Edwin Jenkins and Carolyn Carver, (the "Applicants"). WHEREAS, Applicants have an interest in certain real property (the "Subject Property") located in the City of Shorewood at 5350 Vine Hill Road and legally described as: "The East 334.7 feet of the North 140.00 feet of the South 427.3 feet of the Southeast Quarter of the Southeast Quarter of Section 25, Township 117, Range 23, Hennepin County, Minnesota". . WHEREAS, the City owns a muncipal water system which does not presently serve the Subject Property; and WHEREAS, the Applicants desire to interconnect with the Minnetonka Municipal Water System and pay to the City of Minnetonka any connection charge therefor; and WHEREAS, the City is willing to permit Applicants to connect to the Minnetonka Municipal Water System provided that Applicants agree to the provisions contained herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: . 1. Applicants shall have the right to interconnect with the Minnetonka Municipal . .. Water System and pay to the City of Minnetonka any connection charge therefor. 2. All work involved in such interconnection will be done according to City specifications and under City supervision and all expenses and costs connected therewith will be paid by Applicants. 3. In the event that City extends the Shorewood municipal water system to serve the Subject Property at some time in the future, Applicants agree to pay any assessment in connection therewith on the same basis as all. other properties assessed at that time, and Applicants herewith specifically agree to waive any claims or defenses to said assessment based upon a theory of no benefit because of the water connection allowed herein. 4. It is further agreed by and between the parties that this Agreement shall run with the land and shall benefit and be binding upon their respective legal representatives, successors and assigns. Exhibit C PROPOSED AGREEMENT . 5. That the Applicants record this Agreement with the Hennepin County Recorder or Registrar of Title within thirty (30) days of Minnetonka's approval of the connection. IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. Carolyn S. Carver, Applicant . Edwin D. Jenkins, Applicant Owner Owner CITY OF SHOREWOOD Barbara J. Brancel, Mayor James C. Hurm, City Administrator/Clerk ...-'.. .. STATE OF MINNESOTA SS. COUNTY OF HENNEPIN On this day of , 199_, before me, a Notary Public within and for said County, personally appeared James C. Hurm and Barbara J. Brancel to me personally known, who, being each by me duly sworn, did say that they are respectively the City Administrator and Mayor of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said City Administrator and Mayor acknowledged said instrument to be the free act and deed of said corporation. . Notary Public STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this , 199_, by Carolyn S. Carver and Edwin D. Jenkins. day of . Notary Public STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this , 199_, by day of Notary Public . . RESOLUTION A RESOLUTION APPROVING COMBINATION OF REAL PROPERTY WHEREAS, McNulty Construction Company (Applicant) is the owner of certain real property in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as: "Lots 1,2,3,4, Block 1, Amesbury West"; and WHEREAS, the Applicant has applied to the City for a combination of said real property into two parcels legally described as: "Lots 1 and 2, Block 1, Amesbury West" and "Lots 3 and 4, Block 1, Amesbury West"; and WHEREAS, the combination requested by the Applicant complies in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the real property legally described as Lots 1,2,3 and 4, Block 1, Amesbury West be combined into two parcels legally described as Lots 1 and 2, Block 1, Amesbury West, and Lots 3 and 4, Block 1, Amesbury West. 2. That the City Clerk furnish the Applicant with a certified copy of this resolution for recording purposes. 3. That the Applicant record this resolution with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of January 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 3.Er. CITY OF SHOREWOOD RESOLUTION NO. 94 - A RESOLUTION AUTHORIZING SUBMITTAL OF THE 1994 HENNEPIN COUNTY GRANT APPLICATION FOR MUNICIPAL SOURCE SEPARATED RECYCLABLES WHEREAS, pursuant to Minnesota statute 115A.551, by December 31, 1993, each County in the Metropolitan area will have as a goal to recycle a minimum of 35 percent (35%) by weight of total solid waste generation, and each County must develop and implement or require political subdivisions within the County to develop and implement programs, practices, or methods designed to meet its recycling goal; and WHEREAS, pursuant to Minnesota statute 115A.552, Counties shall ensure that residents have an opportunity to recycle; and . WHEREAS, Hennepin County Ordinance 13 requires each city to implement a recycling program to enable the County to meet its recycling goals; and WHEREAS, the County adopted a Hennepin County Funding Assistance Policy for Source Separated Recyclables on September 11, 1990, to distributed funds to cities for the development and implementation of waste reduction and recycling programs; and WHEREAS, to be eligible to receive these County funds, cities must meet requirements set forth in the "funding policy"; and WHEREAS, the City desires to receive these County funds. NOW, THEREFORE BE IT RESOLVEP by the City Council of the City of Shorewood, as follows: . 1. That the Council authorizes the submittal of the 1994 Hennepin County Grant application for Municipal Source Separated Recyclables. 2. That as a condition to receive funds under the Hennepin County Funding Assistance Policy the City agrees to implement a waste reduction and recycling program as indicated on the 1994 Hennepin County Recycling Grant Application and that the City will use county funds only for the purpose of implementing the City's waste reduction and recycling program. ADOPTED by the City Council of the City of Shorewood this 10th day of January, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk % '1;-- ::::v --< i' J' CITY OF SHOREWOOD RESOLUTION NO. 94 - A RESOLUTION RELATING TO THE APPROVAL OF TRANSFER OF PROPERTY IN THE MATTER OF MWCC LIFT STATION NO. 20 WHEREAS, the Metropolitan Waste Control Commission (MWCC) acquired in April 1971 Lift station No. 20 located at Galpin Road and Trunk Highway 7; and WHEREAS, the City of Shorewood conveyed to the MWCC title to the property upon which Lift station No. 20 is located (the Property) by quit claim deed dated April 12, 1991; and WHEREAS, said quit claim deed previously submitted to the MWCC was never recorded; and ~ WHEREAS, the MWCC has presented a new quit claim deed for transfer of the Property to the city of Shorewood for approval and execution. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood does hereby authorize and approve the transfer of the Property as provided in the attached quit claim deed set forth as Exhibit A. ADOPTED by the City Council of the City of Shorewood this 10th day of January, 1994. ~ Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk ., (- ~J.. ) r( --i MEMORANDUM LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Attorneys at Law 1500 NOlWest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 Telephone: (612) 835-3800 FAX: (612) 896-3333 TO: Jim Hurm, City Administrator Joel Dresel, City Engineer Tim Keane, City Attorney December 15, 1993 MWCC Letter of December 6, 1993 Relating to Sanitary Lift Station FROM: DATE: RE: ~ Jim - I have reviewed the correspondence and draft instruments relating to the MWCC request for re-execution of a quit claim deed. The documents appear to be in order and appropriate for execution. Although it appears the 1971 quit claim deed was duly executed, I recommend that the City Council approve this new deed by resolution at its next meeting. Additionally, when you send the Owner's Duplicate Certificate to the MWCC it should be transmitted with a return receipt signed by the MWCC acknowledging their receipt of our Owner's Duplicate. Should you have any questions relating to the foregoing, please contact me. ~ QUIT CLAIM DEED EXHIBIT A (;&rpOrahon or Partnership 10 COllJoralion or Partnership No delinquentlaxes and transfer entered; Certificate of Real Eslatc Value ( )liIed( ) not required Certificate of Reul Esluto Vulue No. 19 County Auditor by Deputy " STATE DEED TAX DUE HEREON: $ Date: ,19_ (reserved for recording data) FOR VALUABLE CONSIDERATION, City of Shorewood , a Municipal CorpQPltion under the laws of the State of Minnesota , Grantor, hereby conveys and quitclaims to HF>tropolit"n WAAf"P ~nnt-Tnl . Commission , Grantee, adulv constituted MetrOllol1tan,undcr the laws of the State of Minnesota , real property in Hennepin agency , County, Minnesota, described as follows: The Northwesterly 50 feet of that part of Lot 193, Auditor's Subdivision No. 135, as measured at right angles to the South- easterly right-of-way line of',State Highway No. 7, lying Westerly of Galpin Lake and Easterly of the Easterly right-of- way line of Shakopee Road, Hennepin County, Minnesota. (ir more 'paee i. needed, continue on back) together with all hereditaments and appurtenances belonging thereto. By Affvc Deed Tax Stamp lIere Its . By . Its STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing was acknowledged before me this day of , 19 , by and , the and of , a under tho laws of , on behalf of the : NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) I . I ;sIVNATUltli UI' l'r.!I{:;UN TAKING ACYJlOWLilt)UMilIH Tu s..1flne.... (Of dwe I'ul ~rl7 dunihcd In dd. ...,~ .hloWd lIiI:I Kf'II ,. (lnd.aIe NIne .... addla. m Gnntee): ~letropo1itall Haste Control Commission .' .' 230 East Fifth Street TillS lNSTRUMEl'ITWAS DRAFrED BY (NAME AND Mears Park Centre ADDRESS): St- Paul, MN 55101 ATT: Real'Estate Section Jeanne K. Matross, Attorney License No. 68615 Metropolitan Waste ~ontrol Commission 230 East Fifth Street, Mears Park Cent e St. Paul, HN 55101 (612) 229-2108 .. I I ...\ I i I i I ~:~~~~;~ n:"c..!P.!.'~!."! __.. ._._ _. Form No. 31-M. )nnnnola a~t~~;~.r::~;,,~:..:~::"nr:~l~ ti~~~i. '". . ,-: --_- --- ;-~T~--- - --: -~,----I 'Uil)i 5 3f 11 be 11 t Ute, .AI <UU, thts...................................~.................day 0 1................................~.c:...L....... 19...7...1... \ between ...r.h.~.....y.U.J,gg!il....g.f......~.!:J..Q.:r.~}t9.9..fl......?,...N.\.Ani.c.;j,.p.<!.l.....C.Q.r..P.Q.r.a.t.i.Qu.....1Ang.~J;:....t.b&.... ..... f:'~' . :m<:~6b:& la.ws of tTM Slale o{....Mi.n.n.e..s.o.:!;.a............................................, pQ.J.ty of lhe first part, and M~.tr.o.~.o.l.i.t.an....S.e.b!.e.r.....B.Q.ar.r.l.....e.:;;..I.;.ab.lj..::;ll.e.d....b.y.....l.a.\is. ..J.9.6.9.......Ghapt.~.r.....!l!J.9.......................... acl!i,..Ifpti:ilf~UfdluKH~}f~Jlt1uCS~x.................... ............................................................................................................................ partY 01 tluJ second part, . . mlt"C~~etb. That lite said party of tlte first part. in C<1,uiluration. of'. tlte sum of On.~....D.9..lJ,..iu:.....UU..,..QQ.J.....<!.n~....9..t.b&!:...,gQ.Q.9......an9.....:Y.!;l;1,ma.Q.J...~.....c.Qn.~.;j,.~.~.r.g.t.;j,.Q~L.... ~, to. it in hand. paid by tM said party 01 the second part, the receipt wl"ereol u l~reby a.cknmuledted, do~" hereby Grant, Oal.tain, Quitolaim., and. Cont'try unto lhe said party of the second pal'l, i~ ;ucceB8ors and assitns. ForelJer, all the traot............or parceL...... of land lyint and beint in the County ol..He.i:1ne.pin .........:..............................................................and State of .Minnesota, describcd as follows, to-witl The Northwesterly 50 feet of 'I;hat part of Lot 193, Auditor's Subdivision No. 135, as measured at right angles to the South- easterly right-of-'-lay line of State Highway No.7, lying Westerly of Galpin Lake and Easterly of the Easterly right-of- '-lay line of Shakopee Road, Hennepin County, Hinnesota. . . \It'o n,nbe nllb in n,oui tf.Je ~mllc. Todether with all t7u hereditaments and appurtenc.ncu tltere- ILIlto bclon.~in~ or in anywise apperf,ainin4. to the said pOorly of the second. part, its Il/,CCCBsors and assitns, Fot'r.lJer. o JIll m:C~lilllOI1)! ~mIf.Jcrco(, Th~ 'aid first party has caused. these presents to be executed. in its corporate nc.m<! by its.................................... l're.,ident and its.........................................................and its corpora.te ,eal to be lurcunto '~ffr..l'ed tlu day a.nd year /il'st above written.. ,/0. . / ?JZ:z" -- -/ m!(lt!2~k,iw? ( . t;{/1-tl\ .,dC4{) ?..G............. ) ~- . ..y.~J.J,.~g~. ..... ...... S....h9..E.~.~.2g.~............ ......................~.............. .-----.-- 01"" ack'''C oper" ......................................... a Its...M.fl,y.9..~llreJi11lfilX .........~....l(~................t~........ Huriel Who\o1ell I 1......J:,L.r'. r1: :," 'a.- t--:" ~inte of $flitmesotl1, ( ... {~ County ol..........IfENNEP.IN.......................................} :;f""~ On thu.........................12th................................doy o(..........................Apr.il.................................., 19...7..1.., before nloe, a .......................N.o.t.ar.y.....P..ub.lic............................................. ................within and for ~aid. CounhJ, personally appeared ..Jack...Co.op.er.....................................................................................and ....Mur.i.e.1....W11lJ.w.ell........................................................... to me per~onally known, who, beint each by me duly su:orn..............................did ~ay that they are respeetively tlloe.....Ma;y:or...........~ and tlte........Cl.erk............................................................o/ the corporation named in UIoe ./gretoint imtrument, and. that the scal affixed to .aid. instrument i8 the corporate seaL o/.aid. corporation, . . and that .aid. inst/'Unloent W~ ~i4ned and ~eaicd in behalf of said corporation by authority of it$~ Xl1/....Y.i.llage....Council.................~dCiZ:.........................._.......................................................................................................and ...,...................,.......they..............................................acknowledteel said. inst/'Unlcnt to b~ the act and dud of ,aid. c~rporation. ./ ;: THIS INSTRUMENT WAS DRAFTED BY .............................:.:U..L'3 .:.t'~.?~~.......... (Nam.' (Add...., }( ota,'Y Publio..................:.....................................................~o,!';.nty, .-'finn. . , .' ", ~":"; .ff Y commi..sion e.rpirM.................................................................., 19............ W1LUAM F. KELLY' . Nolo" Publl.. Ho..opln Covlllfl M1IiiW My .Comml"'on EXpl,o..22 Ja.. 19T1. Nolary PUbtie. Hennepin Co.n'" ~nn. My Com"''''.n bpi,.. 22 J~ 1m. . nl~~ iN':; t ,. .: . ,H.L", ':..U!:! :.. :-'c..mt=;1Tl-tY .3 ," I ;: c,'; (.. , -. I!,': I: t E.\.<':f..!...S !:!. o. ;j~'P:5( r,:., ~~3.:.q . '1 ~~ " i ~:; :t i::sS ~ i .. i ~S j i ....:l g ,g." (he;.; I~ :II, J'J"~';' ~.;:o ~'": .'I~;;;\!I~.-l\'e '., ". <:I t:J: 0' ~ OU i I I I 1i ..! il- ! L ! . i ,. ~; . '.; .' I . . . , 'i:~f4tUr~:,i! \ II u...._ .____ _.l.__._ ,.__". ~1~ ~ I ~.. i~ f! 0 ! ~ .; ~1l ./!~ g.....,s ~ ~ !:" !~ . !~ j:l ii i~ ~ i~~ L~ ~ r:: l:;:.e. !~.~ I~_ l'i iii ! ~ ~ i.~~ !::,~ ';;1, "" . ! ... IE:...:. ! 1: .~ ....i ~ <:I oi ~L i t:. , : ,"'~' ~',:/ ,j;/t., ].:_'~.~> L ~ '.:.'~-i';,i_ :;i:, I :. ~i~j~,E,t~\~Hn~!~;~~.'ii:!.~,~.:;~;~( I~ tfi\. {.:g;',!::.Ttl~..~.,. o h] i r~.;f ~.<!'~ ' ,:0. '" r:: .. '" '" ::l..... ;J i ! 'l:l !:::l t3 ~ 1~~.~ ;:" (>) i ~ .0) ~ I~ i~ 0:>... ~ ~ ! ~ 2..! K;........:! ~1i~ ...... ..'l:l 5~~ ~ ~ ~ '" ~ ;:': i ~ f i~ It ! I] 9 ~ i": 1 111 1 . ..:.~!r~ :J.! ~~ j:., I.;. ",I,' -,"'" ~,:: ..i L I 0) ~':,I ...4.. f \'.l'.o:. .' .~ ~ ...:~~. , ..: '" .. ;l ~ ~ e.. ~ ~ .:3 ~ ... 'l:l ~ .. ... ~ '" .. i ~ ~ ;;" ~ .,. '\\. ;.e l ,~ "!.::'~~' ::~i~~ ,':; I I I i -"---1 I I ~ ~ I '~ RESOLUTION NO. _ A RESOLUTION APPROVING THE FINAL PLAT OF RIDGE ROAD ADDffiON WHEREAS, the final plat of Ridge Road Addition has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . 1. That the plat of Ridge Road Addition is hereby approved. 2. That the approval is specifically conditioned upon the applicant recording the Grant of Roadway Easement attached hereto as Exhibit A and made a part hereof. 3. That future driveways serving lots in the plat will be consistent with the plan shown on Exhibit B, attached hereto and made a part hereof, and which driveways will not exceed 10 percent grade. 4. That the Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat on behalf of the City Council. 5. That this final plat, and the Grant of Roadway Easement shall be recorded within 30 days of the date of certification of this Resolution. . BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of January, 1994. BARBARA J. BRANCEL, Mayor ATTEST: JAMES C. HURM City Administrator/Clerk ~.H. ... ~ , '- ',,-- '" .~ ~ .... ~ /",;; ;0' , . '0''': . 5; f. "1 f"/ (J I 2./ \ \ \' . " '. \ / \ \ \' . ~\\ Exhibit B RECOMMENDED AREAS P ARKING/PULL-OUT ( ."'\ \' . ) 'i: ~ ,1 ,:~ , . ) ./ .- \ \t.\ . / i --:/ '':'~"/ I " Ij" \ ":' "" - -.. MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: . DATE: Brad Nielsen 7 December 1993 RE: Mott Addition - Revised Preliminary Plat FILE NO.: 405 (93.29) Having completed soil borings and an engineering analysis, Mr. Mott has submitted a revised preliminary plat showing two lots plus a proposed right-of-way for a future street (see Exhibit A, attached). The soils information has been reviewed by the City Engineer. He advises that street and home construction will require soil correction, but that the soil conditions are not untypica1 for Shorewood. He also recommends that any future construction of the street or buildings be done according to the soil engineer's analysis and recommendations. . The revised plat is consistent with the- recommendations made in the 30 September staff report. It is therefore recommended that the preliminary plat be approved subject to the following: 1. The developer must provide protective covenants setting forth conditions for the future development of Lot 2. Specifically, any further subdivision of Lot 2 by him or any subsequent owner shall require construction of a standard city street. 2. The plat need not preclude future development which would propose access from the west (see Exhibit E of the 30 September staff report). If that design proves feasible at some point in the future, the City should be willing to vacate the street being platted at this time. A Residential Community on Lake Minnetonka's South Shore 0k . . . . Mott Addition Preliminary Plat 7 December 1993 3. The City should grant the applicant an incidental use of right-of-way permit to construct a driveway along the platted street. 4. The first home may be served by an individual sewer stub. Any further development of Lot 2 will require an eight-inch main. 5. The final plat should show Outlot A as a dedicated street right-of-way. 6. The applicant must submit a final plat within six months of the City Council's approval of the preliminay plat. c: Jim Hurm Tim Keane Joel Dresel Whitley Mott - 2 - a\ ~o,.~~~ ?,\ '>-0 \ ~t~ " c~ {~). ~ I - - ~ " I I 50 25 ~ o 25 50 100 '= .: ~" \ . (") ..~ ~\" ~"- ;':lc; '\\ " "ne C' \~ '-- sc.:.u: iN ,~. Minre , '- ~ \ :.", --"- Thor:- '--- '-.-- ~eg:~ Minn, /' --, -, -' " " ::X~;~'l ~\ . \/\ \ \ \... ( / i'V) \ i \....) (-/ \ i I Ii' ", ), _~, / ~ ~, ~ ~oo ___ ~ '.e.e.'i" /1 '!>ool T.'" '1w"\ ?~...., I . \..No' ,...., ':...,=.? // II ~ II ?~ 1/ I i I I I I I , 1/' all DEERFlELO / / ADDITION , , / I / / /", ,../ "- " :- H R E - B ERG QUIST. INC. Exhibit A REVISED PRELIMINARY PLAT Mott Addition ,- MAYOR Barb Brancel COUNCI L Krist; Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen . DATE: 30 September 1993 RE: Mott Addition - Preliminary Plat and Lot Width Variance FILE NO.: 405 (93.29) BACKGROUND Whitley and Linda Mott propose to purchase a portion of the property located at 24850 Yellowstone Trail (see Site Location map - ExhibitA, attached), owned by Cory and Mary Knlckenberg. The Mott's have submitted a preliminary plat which creates two lots, one of which requires a lot width variance (see Exhibit B). . - The property contains 5.5 acres, is OCcupied by Dr. Kruckenberg's existing home, and is zoned R-1A, Single-Family Residential. Land use and zoning surrounding the site are as follows: North and east: South: West: Golf course, zoned R-1A Single-family residential, zoned R-1C Single-family residential, zoned R-1A As shown on Exhibit B, the westerly lot, despite being quite large, does not comply with minimum lot width requirements. The applicant states in his application that platting and building a public street to serve one additional lot creates a hardship due to the amount of site grading and unnecessary devastation of trees which would be required. An adjoining property owner objects to the variance (see Exhibit C). ISSUES AND ANALYSIS Although Mr. Mott proposes only one additional lot at this time, the property appears capable of being subdivided into as many as four lots under the R-1A zoning requirements. Consequently the application should be reviewed. within the context of how the property could be developed based on current standards. A Residential Community on Lake Minnetonka's South Shore '\ Re: Mott Addition Preliminary Plat/Lot Width Variance 30 September 1993 A. Design Alternatives. Exhibits C and D show two ways in which the property could be developed, based on R-IA zoning requirements. Exhibit C-l illustrates how the property could be divided into four lots. with a short cul-de-sac street extending northward from Yellowstone Trail. Exhibit C-2 shows the same layout in the context of the surrounding area. . , Exhibit D-l shows a cul-de-sac street coming into the property from the west as an extension of Spruce Hill Court (a new street under construction to the west). Although this design achieves one more lot, it requires the cooperation of the owner of Lot 57, located to the west of the subject site. As shown on Exhibit D-2 the proposed street must extend through Lot 57 to reach the Mott Addition. B. Lot Width Variance. Mr. Kelly's letter (Exhibit C) cites only part of the criteria for evaluating variances. It does not mention the basic test of reasonable use (i.e. is it reasonable to require a property owner to maintain a five-acre lot in a one-acre zoning district?), physical features of the land such as topography and site configuration, or the character of the area in which the site is located. Nevertheless, Mr. Kelly's point about flag lots is well taken. Although the City has allowed owners to subdivide homestead parcels away from large tracts of land, in recent years such approvals have included review of resubdivision sketches and requirement of covenants intended to preclude piecemeal development. . In this case, the creation of the flag lot takes a somewhat problematic 5.5-acre parcel and creates a two-acre parcel and a 3.5-acre parcel which will be even more difficult to develop in the future. RECOMMENDATION Staff does not feel that the City wants to force the ultimate development of this parcel at this time. As an alternative to granting the lot width variance, it is suggested th3:t the applicant revise his plat, as shown on Exhibit F, to show a dedicated cul-de-sac street. This eliminates the zoning variance for lot width, since both lots shown would have more than adequate frontage on a public street. It is further recommended that a variance be granted which would allow the applicant to delay construction of the street until such time as either parcel is resubdivided. Since the test for a Subdivision Ordinance variance include "practical difficulties", this type of variance is more defensible. This variance should be granted subject to the following: - 2 - Re: Mott Addition Preliminary Plat/Lot Width Variance 30 September 1993 1. The applicant should revise the preliminary plat to show the new street and future lot lines. 2. The applicant should show a building site which takes the future lot lines into consideration. Any home built on the site must conform to setbacks as shown on the resubdivision sketch. 3. The developer must provide protective covenants setting forth conditions for the future development of the property. Specifically, any resubdivision of either parcel will require the construction of the public street. . 4. The protective covenants should include a provision which waives the right of either owner to appeal an assessment for the street. This understanding prevents future owners from holding up the other owner's development of his parcel. 6. . The plat need not preclude future development as shown on Exhibit E. If that design proves feasible at some point in the future, the City should be willing to va~ate the street being approved at this time. 7. The City should grant the applicant an incidental use of right-of-way permit to construct a driveway along the platted street. 8. The City Engineer recommends that the site be served with an eight-inch sanitary sewer to accommodate future development of the property. . 9. If this approach is acceptable to the applicant and owner of the property, a park dedication fee of $750 and a sewer access charge of $1000 will be required at the time of final plat. c: Jim Hurm Tim Keane Joel Dresel . Whitley Mott - 3 - /___. Fi~5W ~~ 11 ~~~AR~~2 4 : i""",~! J.;I ~;'~ SHOREWOOD PLANNING DEPARTMENT , 'H .'~ : I BIRCH '.""~F ~I.:.~-:~H~;t:~:-~~ - ',I" ~_\' \ r ~FII I ~\I€. ~ " -=v- I ~ r g ~!:S- i \ ___~OUCK /SLANO ~\ ~II /" ~ _ r-i ~~ TONKA BAY I ~ !A'--::---..c:-~~~ I lFR ./ - ~ '" ~ ~~y-I l I ~~ \ \ ,//1 ~",,,,,,,, 3: ~ --. ~~~ . .~ ~/ / I g ) l?' I' ,--II ilnn I .~e---"- ~\ ~tLLEy~1 WOOD CIR ~ ~6')}1- 0'-.:..; ..- .. ro' _ ~' LJ L...J / ~\n. I I:) o r-f' ~~o. ~ <;. nE .I I I IN ' 17 "_... - / \ (G/OEONS BAY) ~ I '" "\,./1 <;;~ I '" AMLEE 11Rn - T \ /" VALLEY weco LA ! 1 '.i) r::::=, " (. If' I '".1 I: ' NELSINE ~/~ J I I I: g I 1 I I, '\!\. R. ~ ~ -.J"/.f,ia ~ ~, \'~ " : I 1 I; 1 i \ ~y /~ !~IIJ..: ~ ! II: I: !iT-;: LS- -r)~~~. '( ~-~~~-IT ROSEl LA I:__ /', s - :Wiln.~ i J. : I: iF?ilJJ~q>t ! n R-C r\. ~ ~ ~ ~ I : " ' '" ~ --f.. ....... I 1 ,I I - ~ I I '" ~ ._-'-;--.. ,g 8~ . 1 11- i &3 :5 ~ ,J ,m 1.",- , !i;l:" , '1 I ' IT~ 1 ~ r: ~ ~ ~"': II" O;Ji i'~ III.....'.. <<.1': __ ~ _ I :3 f---'-<LJ::: . I: J- ----...r! I~ I I ii, I P ,"\~" ~ ,! I -I ~I ,. " I~' :- ~01~'1 C"f~"".:: -1 "I VI I lnl ~:I [I g I I i I n I I! ~'~I ~ Jr.-; I L;l1,loL{i-TE ~~ -g '- , , ............,.. " I _~ --i I I' u ii1 .~ ~r- ~'R ~ ' -4. ~ ~ \ , ' ': -~ _ ! Iii I ~',I '" 1 I, " '..I [:.., I -- "'~. f; YI~' a: ..\.- ~I i II ~~: \ _ ': ~ 1 I \ \ -' - L-. r I Mct:;[ I ./' ~~, -i .."' I' " 1 I - ' , Jlli" '~.' l ,,,,0'" I: : " I i I \ \ ----,,: : J. I, I l~ \' : ~ I , Y ~ II 1- i . ,,);:J-r-....~.- b ECHO ~-:JI ~~---- ""-..--- Y . i I~ i.. ...._...~~,---' ~ I, I / lr q;...l\~~ \" ~.:; ~I i ~~ fIMAR~~;r --~'- !l MANN: LA II I ._~. 'ILlK!:" , I -'U, ~. , ;- 1 R 1A1f: Cc~~ IDGE~OINTCIR t"'S~ ~~\~ . [~I- llf~ : ~ . I "V"': i i\ l!Jt '-~~\\\\ 18 ~ ~ : ~:= ..,--: II I ,:",,\.\.o~S ).!!Y-"--i I ~ ,""'1/ _ _' I /i :I~ ...1 -~ rtrAxE: ~'DI' U 1-_-" , .. ..._ ....-------' r- , , I L-. j~. ,J,.. \.1..,;\-- -! I'!< · .',.Ll(f: UNoc. \LJ I ' :;; b--- · /r::=; \ . -:;;: ,~JVl'JIZ'" .' r'''''\ ", ('\:.~ .,e&~U >--f I>> ~=!:::::1 \ ~ : ~~' u-, /..l1h SA i-7, J ~./~aLLJ-i-':-' '\1 \. V ~ ;\~~~~ !~~:~~'" ~~,r-S~--B Fn -~ " i I-- ::=:11- YEL\.o'!! (1~./i\_-\--- \'tWlLI~:. ~ i~:~h ': r-/'3,,'-T\ ~\I. ~~ sf.~";C~~ ~ I STATE HWy ~ "" I/~ I '\fR ~ /1' \1(1, : "L-~ .. \ .. ~ .. ~~e:!" ~ ; ./ II \\ \ ~/""--'~~ '-A\\~~ ,I' ~ ~ REVISE DATE' E NORTH J --- f--- - f--- - 1-----1-- Exhibit A SITE LOCATION Mott Addition - Preliminary Plat . . C) I' I u.J ....-- I , -- , c::~ , _J f" 1..1.- -7 tf_- --~ --' 1'1.1\. II II 'tl. "o..P.p. II P.P. . Ii? / ADDIT10N / DEERFlELD ~ II 50 25 0 25 ,""\tr.r ~. SCALE IN r:: ~ t"\.'r4.. I I Exhibit B PRELIMINARY PLAT 9 29 JS93 KELLY LAW OFFICES WILLIAM F. KELLY MARK W. KELLY 351 SECOND STREET EXCELSIOR. MINNESOTA 55331 (612) 474.5977 FAX 474.9575 September 29, 1993 . Brad Nielson Planning Director CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331 RE: Variance Request of Whitby Mott for PID #33 117 23 34 0002 - Property at 24850 Yellowstone Trail Dear Brad; I have recei ved notice of the above variance request which is scheduled for hearing by the Planning Commission on October 5, 1993. Unfortunately, I have another meeting scheduled at that time and I cannot attend the Planning Commission meeting. I am therefore, addressing this letter to you and ask that it be read to the Planning Commission and be made part of the file. . I reside at 25000 Yellowstone Trail. The legal description of my property generally conforms to the exception described in the notice. My property borders the applicants property on the west and north. The common border on the west is shown at 316.21 feet. As I read the application, the owner of the described PID has entered into an earnest money agreement to sell off a portion of his property and if the sale is completed, he will by that agreement create a sub-standard lot in that the severed property would have less than the minimum footage on a public street -- thus, the need for a variance from the City. Exhibit C oPPOSmON LEITER From Frank Kelly, dated 29 Sept. '93 . . KELLY LAW OFFICES - 2 - What Dr. Krugenberg has done by his attempted sale to Mr. Mott, is to create a "flag lot" with the flag pole portion of the lot being 50 x 316 feet. The Shorewood ordinance is specific in providing that a variance shall not be qranted unless it can be demonstrated that: Section 1201.05, Subd. 2(b)(3) - "The special conditions and circumstances do not result from action of the applicant." and Subd. 2 (b)( 4) - "Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district." The only purpose in the applicant and fee owner of the PID in attempting to create a substandard lot is economic in nature. The seller is attempting to sell a parcel that does not meet mini~um standards so that he can receive money in exchange therefore. This is specifically prohibited as a basis for a variance, 1201.05, Subd. 2 b 1(b), which section reads: "Special conditions and circumstances may not be primarily economic in nature." . . KELLY LAW OFFICES - 3 - Should the variance be granted in this case, the City will be authorizing "flag lots" throughout the R-IA district. I, as one owner, as well as others will have the right to request and receive such a privilege. I do not believe the City should create such a problem without gi ving considerable thought to the impact the granting of this variance could create. It would, in my opinion, be contrary to the existing ordinance. I wish to thank the City and the Planning Commission for considering my objection to the granting of this variance. Respectfully submitted, WFK/pp . . '~ CJ \...jJ \.0-- , , ...- , 0::'1' -- \ _J r' U..- -~ ~::..- --' 1'\,14, II II 'a. II ~,p. 'a.,P.P. II ---;jf- // / ADDITION / DEERAELD , I 50 25 0 25 ,...1II\.r ~ SCAL:: IN F:: 1"\.\01.. ~ I Exhibit D-l DESIGN ALTERNATIVE - I Site context c,.. ~ . ..... ..... ~ I .., ,.... ,.... o ,-I ~ -&---- 1 I I I 1 I I , 1 , IN ..... . . , \ , , . I 1 I , 1 I I }jO 9NVYiV3S _ _- - - - - T~"'1lK -.- - - -"'"""=- " S~'Z61 '~I',,; tt'C;~1 J::> <:, ..Lt.ON: ..1 O.~N _0; ;0... IF. ~ ~Q 'OCl a:: '" ~ ~ ~ " N!::: r- ~ ~ ,..; I ;., :::- p~ 0.,; ,.... '" n'OZl ~:x ,'" 0 .;i ~ '" ~' .~ ~~ '. Kl 'QOl :3 ..;. III ,..; '" a. ~ ..1.0 '" .. ..; ~. 00 - N I I S91,l ~ ~~I .-'-N 15 _II: --~+ SL. (,.~ \.,' \.9 'Qll IDa:> ~ 2:' on ------- 091 ..-: .., 0() ,..; N N , , ;... ~:-r;- - o.p",bO. . " -.. ~In ;':fi ~... .ci- . . . I 1 I I I I I I ,0 ~?\ , I I I I I ~"""7~ I ' , 1 I I t-~ ..., I~ /"l ..... a. iii cr- t- 4- ~ P\ ~= ~~~ ~<r" ~ .::>tD z"'- ~~~ ' ~B~ I ",~<5 ~"" Iron iti - - Q ---- . :J.. .... ':) J . .. .... ~ 1.0 400 10= . 1/ ..,In N (;, .....'" <0' '" , on ~~ "'<0 '" 8 <r ..... 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II -W- j// / ADDITION / DEERAELD Exhibit E-1 DESIGN ALTERNATIVE - II Site context ~ ' I 2: ~j ~ ,.-: .... 00 - N -Wii"Z-- .J, ~~ , ;g , f._ :';.. s -~~ '" ~~ ~:::: ~- ll:.,; l!!t", :;>( ~' ~~ , ~ " '~~ (Jl~ "" [9 '9Z2 n'OU ~ .,~ + .~- 90 'ttr .::::; 9O/"f'~ S .',b/ ~ '~:P ~ ~ C) I'- Ol ~ ------- " lil '902 "- 1lI ~ .-i 0> 00 '" I .tD 091 -<: . , 100 ,C) :~ ,- -' , -oS.' - -~ U\ r-l , , ::_:----ll--------------~ I I !iL ... ~ !t It'> . 9-'-:-(- .,..bO. H . .... ''!;! . \ i l!;~ - ~! I , , VI>- . 1.&.12 , ---'" ~~~ , \g . - cr ..;..- \ v:. ~ \D I on . ZVl- ~li; ~~~ , 0 , if ~~ ..s.e ~ . . Vli;\~ \. ~ ,. _lI"l'-' .1 crll"l \0 ~ t- ... lti t- ", 0- ~...o ! tD 7':Jj.29 ~OO I"l -f; ,--,_.~._-_.. I . 1'" b ",'" .,- '" ~~ ~~ Vl -=> '" '. \i-j 8 a: '" '" N .., ~\ ...!i..LN ['l'[ai. !::! or. 0> '!i 191 0: t:' ~': .) _-----::-i-==-:~:.-----' \ -- lI"l I N ~, "" "', 'i'ltl " - -- -. - - -.- - - ._- ~--- (@ ~ ~~ ~ ~ ~- ~ 2'3 ROOS 5 liNKS 1 ---------------------- I ~l ~- ~, 0' l/') ,..,.1 - -\ '. . 23 RODS ~ ItlK$ \' -'- --- , I 1 , I I I I I I IN 'I'- I I I I I I I 1 I I 1 I I I ' MO 9NVl'iV3S _ _ ----T~"1lLr - .----""""":-- . _', !i~ 'Z61 1 ".: rr ''it I .;, ~ ..Lf..OH: ..IO.IN "- ~ ~ -~ o '" SllNl1 0 Exhibit E- 2 DESIGN ALTERNATIVE - II Neighborhood context 9'LI Vl o o '" g '" . '" '" .... /. .--'/ -' J? "3 ,!J r:c N '--' r'l '-" /.. '7 ~I " ' ; ..' I I . I (9) HinOS '" ..... '" ..... % a. (" ~ ~ .., ,I'- to ,t- .- !: C) -' ~ . .. " r'l0: (ri ....... N~I ~ - ~~ '" .r> ----= I . .-- !iL ~ <> ... ... .. .... ... -- ~ N~i .. ; 3 L.n c-' I . . ~ II I 50 25 0 ,. ~- -:..;: SCALE: IN FE ------ CJ " I u.J 'r-- , ~-- I c::~ , _J r' u..- -"? ~:.- --~ I "'.'14.. M.... II II '0.. .....p II ,.~ "" .Po II AI? 1/ II / ADDITION / I I DEERFlELD Exhibit F SUGGESTED PLAT ,u FilE CO~'ej~ " ~,' 'L\ 0," ,~~- .~ I ~, KELLY LAW OFFICES WILLIAM F. KELLY MARK W. KELLY 351 SECOND STREET EXCELSIOR. MINNESOTA 55331 l6121474-5977 December 10, 1993 Shorewood City Council Shorewood, Minnesota 55331 Re: Mott Addition - Preliminary Plat Mayor and Council Members: . The City file will show that as a neighbor, I have filed objections to the proposed Mott Plat both as originally filed and as revised. The Planning Commission has determined to recommend the plat to the Council. As shown by the soil boring logs, the construction areas are loose, moist peat with water found from two feet to three and one-half feet of the surface. It has been suggested by the City Engineer this property can be developed by soil correction. With water so close to the surface it would appear to this writer, the more the area is excavated, the greater open water area is created. I believe the problem here is far more than soil correction. The area surrounding the construction site would also appear to be at risk. These are problems that buyers of the property in the future will have little or no knowledge of and will rely upon the action of the City authorizing the property to be developed for use. . I believe there is a serious enough problem potentially involving the City to have the City Engineer file a written report on feasibility of the soil correction program and the required extent of such a program. I would hope the correction should be a requirement before any building permit is authorized. I respectfully request that action on this plat be delayed until more information is available on required soil correction procedure. -i i-I .~' / ' ;--'/ Q')5" ; -.- -'. . ~ -'" ";," "'- ....; -.. . -;. -. ,. ".' -.' . AU Schelen ~eron& AsSociates, Inc. 300 Park Place Center 5775 Wayzata Boulevard Minneapolis. MN 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 January 4, 1994 Mr. Bradley J. Nielsen City Planner City of Shorewood Shorewood, MN 55331 Engineers Architects Planners Surveyors Re: Mott Addition Soil Conditions Review OSM File 5047.00 Dear Mr. Nielsen: . You have asked that we review the soil borings provided by the Developer for the referenced project. Specifically, we have reviewed soil borings provided by GME Consultants labelled borings B-14 through B-19 for their project No. 4340. It is clear that there are peat and organic silt soils across the lower areas of the proposed plat. These soils are located within the proposed roadway and building pad areas, and are generally unsuitable for the construction proposed. However, the unsuitable soils appear to be limited in depth and, based on past experience, could probably be removed. Suitable soils could then be imported, resulting in a generally buildable site. Whether or not it is economically feasible to perform such a correction should be left to the Developer. . If this project proceeds, we recommend that all soil correction work be performed under the supervision of a licensed, competent soil engineer. In addition, a report should be prepared by a soil engineer prior to construction detailing the appropriate construction methods to be used, with a subsequent report stating that the soil work was satisfactorily completed. Please call me at 595-5695 with any further questions. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES ;L~j.~e ;7 ... Joel A Dresel, P.E., L.S. City Engineer 4-b. H:\CML \NM\EN'G1NEER \JAD\LElTERS\OI0494.BJN Equal Opportunity Employer MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council . FROM: Brad Nielsen DATE: 5 January 1994 RE: Street Lights - Brentridge Drive FILE NO.: 405 (Street Lights) In response toa petition by a number of residents on Brentridge Drive, the City Council, at its 30 November meeting, authorized the installation of street lights at the two locations where Brentridge Drive intersects with Rowards Point Road. Since then, a resident who did not sign the petition has brought to staffs attention an earlier petition of residents on Rowards Point Road which opposed street lights in their area (see Exhibit A, attached). Consequently, we have delayed ordering the lights until this issue can be reconsidered by the Council. .. A letter has been sent (see Exhibit B) to residents who signed the original petition, requesting their input on this matter and advising them that it will be discussed at the 10 January Council meeting. The recent petitioners have also been advised that the matter will be reconsidered . If the two groups of residents can not agree on the location of the lights, there are at least two alternatives for the Council to consider: 1. Install additional lights only on Brentridge Drive as illustrated in our 22 November 1993 staff report (Exhibit C, attached-copied in yellow), but not including the Rowards Point Road intersections. 2. Install only the light at the southerly of the two intersections. From a traffic safety perspective we assume that the majority of traffic from Brentridge uses the southerly intersection. A Residential Community on Lake Minnetonka's South Shore ~ ;~ I ---- - Re: Street Lights Brentridge Drive 5 January 1994 If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday night's meeting. cc: Jim Hurm Bev Ginther Richard Gay - 2 - . . ,~-' .c>age 1 of d- To: The City of Shorewood 5755 Country Club Road Shorewood, Mn. 55331 Attention To: Mr. Daniel Vogt, City Manager; Shorewood City Council The following signatures have been gathered as a request/petition to the City of Shorewood. The request/petition is to not approve or severely restrict the number and locations of proposed street lights for the Brentridge Development off of Howard's Point Road. We under~tand that 5 streetlights are proposed! This amounts to one street light for every 4.6 houses in the development! There is not even 5 street lights in a four square mile plus area surr- ounding this project! Ie We agressively oppose a downtown city lighted street in our area and respectfully request non-approval of these lights. Future. residents of this development could, if they chose to want light, put their own driveway lights in. Let's leave the area in its country/wild environment so we maintain our privacy, maintain the wildlire we now have the privilege to encounter and enjoy and to just keep the area the way we as residents have liked it in the past and wish to continue to keep it - streetlightless! We The Undersigned Request/Petition The City Of Shorewood To Not Approve Any Street Lighting For The Bre~tridge Development. NAME ADDRESS ~'cl"""d ~. G( ~ ~-OS P/.-Jd".J; ;2d~..d US?t.v SA,OO ~Lv..r-~ ~ }{(JWtLN./;" fk;J- fdj 1'~Gvxb&.'1 ~ tfl!;-~ 5705 tfrw444 II Fi. ~'-t-<i2~~ SColQY \-t~ C3i-vcJJ.4/J ~~~ cP;'f/SV ~ ~ ~ . ____ ~ ~ ;27LLf.r A.:! ~_-:7 /-e'. ~~~/f/ 0C/1.A/.5 /. ~~ ~C~ 5q3~ ~,,"d.:5 ~ <kA. ~'. J ~ ~ /J J. /. /":::-,' 3 / =: J-Io-..AJ.C....i. G.-u,' r -I /'\ d :...~,-c....t.. a.}- IQ ..e.....,.. -::; --<-.Ie f}-L d-t-i< -' ., . ~-~~ ~~~Q~ . ~. ~O"'OQ sS'~~ (jOJJ- ':::::;J ~ S- ~ Q ~c::a....'<-~ ~ \~ 9-+.~. t-f:u~'u Pi:: vU ~~ f" ~ ?) r<'1~~ /J ,// ~~/ Y __./-----;;/ 56?;- ~ Exhibit A 1988 PETITION OPPOSING STREET LIGHTS C::9'cr~ fI".. ~ . ., M "....-., I Page 2 NAME ADDRESS -=- . ~r~~~ 0>":>0-h<<O~.-f-/?"1) .;D~/?LJ ~ y-C<=-:- a:L~ ' 5'105 ~ c?~-(fR. ;(ynda. r S; ~ % .;20go SI-Y1:-rh~ 12~ ::2~ -1 ~ ,::<~;7/0 ~~. ~ i !lJk ?7OLJ'6 ~;ftChcLJL ffi2. . . :".::' .. MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daughe"y Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 6 January 1994 Mr. Richard Gay 5695 Rowards Point Road Shorewood, MN 55331 . Re: Street Lighting on Rowards Point Road Dear Mr. Gay: The Shorewood City Council has received a petition from area residents requesting additional street lights on Brentridge Drive. Two of the locations which warrant street lights, according to City policy, are the two intersections of Brentridge Drive and Rowards Point Road (see Exhibit A, attached). It has been brought to our attention that an earlier petition of Rowards Point Road residents opposed additional street lighting in the area. Consequently, we are requesting input from those who signed the 1988 petition. . This issue will be discussed at the Council meeting on Monday, 10 January, at which time written and verbal comments will be taken. Please direct any written correspondence to: Shorewood City Council c/o Planning Dept. Shorewood City Offices 5755 Country Club Road . Shorewood, MN 55331 If you have any questions relative to this matter, please contact me at 474-3236 prior to Monday night's meeting. Sincerely, CITY OF SROREWOOD Bradley J. Nielsen Planning Director cc: Mayor and City Council Bev Ginther Exhibit B LEITER TO 1988 PETITIONERS A Residential Community on Lake Minnetonka's Sou 15 ~ 9 Vi Vi .- ~J .' . , " ~ 001 , " ',' .Cll~ ...t> ... i5 ... .. '" ... o .:. u: "' (Z~) 9 101100 ~ ;;:; ,,; ~ .... VI ; : I~:::"" '\ +.lv'i ~ ~ ... VI SNOI~ Y;)O'l ~HDI'l ~aa~~s GaSOdO~d Y IN!lIXa tl lE C:,./. " l .' f '9 :99, . ... ") ... -, : '-- ". ':;; r S- (01) )5. , I (";) \ J '/ .. ... 1~~ Lt'!\6\: (LI) y .t:lY~l ;K) 111'1' J ~ (0)00 I I I I I ...~ O' , I "', "', I , . I ~ (f ;:;; ~ "'U ~ MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 22 November 1993 eRE: Request for Street Lights FILE NO.: Streets - Brentridge Drive The City has received a petition from residents on Brentridge Drive, requesting street lights (see Exhibit A, attached). The City's current policy for street lighting is to install them only at intersections, ends of cul-de-sac streets or in potentially hazardous locations (e.g. sharp curves, steep hills, etc.). The City pays only for operation costs. If power must be extended, residents are expected to pay the cost. Mid-block lights or security lighting will not be provided by the City, however, residents are free to contract independently for additional lights. There are two street lights in place on Brentridge Drive. Both were installed prior to adoption of the City's current policy. Neither complies with current criteria. There are, ehowever, four locations on Brentridge Drive which comply with Shorewood's criteria for street lighting: 1) the south intersection with Howard's Point Road; 2) the southernmost curve; 3) the northernmost curve; and 4) the north intersection with Howard's Point Road. These locations and the two existing lights are shown on Exhibit B. Location No.2 is only 200 feet east of No. 1. It is possible that the curve would be covered by the existing light (A) and installation of a light at Howard's Point Road~ 'Similarly the installation of a light at No. 4 would cover the northerly curve in the road. It is recommended that standard street lights be installed initially at Locations 1 and 4. If coverage is not effective, additional lights at locations 2 and 3 should be considered. The petitioners should advise the City as to whether they are willing to pay any additional costs for the style of ornamenta1lights now in place. 0_.__"-- ._.....___~_.._...,..._....~ .....-. c: Jim Hurm Tim Keane Joel Dresel Beverly Ginther Exhibit C NOVEMBER 1993 STAFF REPORT A Residenrial Communiry on Lake Minnercnka'o 5( - " November 1, 1993 C i t::r CI:djn,: i 1 Ci t~ Of 8horewocd 5755 Count~y Club Road 8h or e'JJo,:.d, r'lN 55331 . Dear Ladies and Gentlemen: r am erfl: 1,:,.: i ng a pe tit i c,n th.... t ria': been ':. i ,~ned by residents of 8rentridge Drive and am writing on behalf of the r'e':.id>?nt:. asking ),,:11.1 to .~,::jd add; ti,xl.:o.l ':.t.r'eet 1 ight.:. There are only two I ights for the entire length of the 8rentridge Drive, which is inadequate for several reasons. First, there are more than twenty c~ildren under t~e .~I;e of tv..!e I') e IJJh I:' I i Ii e ,:,n E:r e rl t j' i d.;e Dr.i ') e . I'll:' t .:,n I y i.:. '.} i.: i b i I i t:;.-. a pr.:.bl em ,jljr' i ng the ':.l.JfTirner. fl"J1:,n tri':. J....lhen .:h i I dr'en are playing in their yards, and inevi tably in the street, during the evening hours, but also during the school year when the middle school age children are standing at the intersections of Brentridge Drive and Howard's Point Road (in the darK) wai ting for the bus. Besides the obvious danger ';:If beirll;.l ':.trljcK by~. ,:ar there W.?':. al':.cl .?r. incident last year where a man stopped and tried to lure a student into his car. This particular young student attended Minnewashta and as a result the element.ary students bus stop was changed to the middle of Brentridge Drive by the school district. However, our eleven and twelve year aIds are st.i I I being picKed up at the Srentridge Drive/Howard's Point Road intersection. r called the school district to request a change of the middle school bus stop too, but have been told it is not possible. rrl .:addi tic.n, ther'e h.....:. beerl .~ lot l::sf vandal ism and minl::<r destruction of property on this street during the pa.:.t six to eight months. Many of the resident5 have reported incidents to 80uthLaK~ Polic~ D~partment such as ant~nnas or mirrors being snapped off or paint scratched on vehicles parked in driu~ways or on the street ov~rnight. Th~r~ were items tak~n from one car, flow~r pots broKen in the street, mai I box~s tipped over, etc. On several occasions residents have asK~d the pol ice to maKe additional drives through during the late evening hours. For al I of these reasons we hope you wi 1 I consider instal ling additional I ights on 8r>?ntridge Drive. Thank you I)er.y much. . S i "Jir.e I Y l.---f.1' ,J ) ~tt.i.~~(.,:vl..-:ti;l/ 8e'.}er-Iy Glntrler' 5790 8rentridge Driv~ 1i-' ....- .u---~;~ ~''i r .- ~ ,.t'~ __ , . ,-4..- t We. the undersigned, are residents of the street"" of Brentridge Drive in the city of Shorewood. state of Minnesota. By this petition we are requesting the City Council of the City of Shorewood to install several additional street lights on Brentrige Drive. Name ,4,ddress. Telephone S~aturl1 . . _,}ltL~~_Q,-'!I)jh~!'__ .21i2__Q!:-qL.td!~!-ph fJl:ffJ1 _!fkft.d~-~J1.- 7 -d 1-{' 12~.!.!J:l_(f>.!.!}lh.~~__ A1.J.f:"'_&~~2!nq#!:;~r, f2J_-lff} 4l.~~~':::!ZlI!. . 7 - d1 7-'; f.'t1-!J2L2iIJ:1J!l_~____ 5.3J.Q__$atrfr."~l_1:r 'l'ilJ.:.!!3ki' JJflf:ff~M.7 7-:;; 7' B ~Di..l 4; IIA "" :,'? 58/0 '"'1?lZ.E~..rl(2..1 /."" (',(2. Tlo- tf.y.r -g _1A."L.t; It~ 7-).. '7 ~: - _..,___="-'-.......L..~___ ------9-------~=:.JL! _____~.2. - ;;.r=--~ .- -I:=L~__G"'_ff_=_~L LUF_iZ-:~.4-_ 'U'f -:-((0 _~~~c.c- '- ,,>> .2~-~~~-E2Y-- 52i]",L$.L~ll'L~Ci: 1::JJ:::1.&f'D ~~7-n' fl -r~fl~&~&:l----- 5~~~J~-A!-J.}- 2!2fa.:&~~~~-~7. 73 a_J2g/'"IDKLr----- _~--..1:r:drJ..:.~iJ2v '1.1=..' ni1J, j~':f!rd.ff.Jjn~ ae;v .~l:-Ja[~1-:~_ __ _ _i~:2__~~-d.x~~e..-~~ l1w~_UJ/i _d~~ujgt~~ i~~i~2~~:f~~~ =~~~&~d~, . Trr ~'!:'~~__ _5J....D::~~_ i"I/2J.fz7 __11 . . ~ 7'2-7'_ ~~t.-EL' -Yl /;. ?cd>> ')755 y~...,'vr//ff7.-I..:4.A ,()~. u'1L/-F<;:"/.. 7~ #., .' At./;;fL--c-,;; II :- --- '\ Lt~~~~-- --='-7~ .../.../i -~- ~L:-~ r<:;:L---::;_ ) \ A J.)~ \ ) '. . _" " - - _!.&ci21~ - 5-6SQ._ -- -=y:C>_. .-:.i-1D_-D~ -- t( 0' ~ _:::SZG<=3 tQ~\j~I;J':[_ .5.13Q..&.:i..~@~ if _t.c..2Q.:.~-rt -I~_A.a:.2J~~~ .z:-';/~ g-dd-- ~ _~.G.!,~-__S_L2__E-,e.~~~~~_:L2Q:.LfqJ _v -=_ ;~.", ._~ ~Z2/ __~l~.L))~~L__ ~I..LL_i2:?.€t'.J1.!...~'Q,( _'-;d_1.~:::..Jt,jf__ ~Li:!.!- -t7f1?R;;3t,-:11--- --h55-'8fe~-;7-U~ ~'-=f\)-:-/~DD' --lr;;:;Z--W;;52-~ _) ---;r---n. -V-1-o.---:-- ~-------~-YlN PJnV7'v7o K/~-1F..:r)7~ cb J ._~'d~I, .o.ll{LIl..~-- _'C2~-B.c..<.!Y.fbrdt"~jJ-!.... -o""""lT...,-~Td-a--::--'L1..:.';c-;-G:z.I---7"" ( 1<, .v. ~____ . -1 <b..... 1/ U "I /'-' /~ / .J .....-' ~__ _____ 5....:.------------- t.. 1/1 trn-"1 r--------=.-....-/7.J $:;-, . - .2ALJ...r- 1 / t a ~.,-' / ~ -- . -- _ --- .E.7S1L;c.Y~",~ -'i2..P_{23L~-'C---- ~.G...J1) ~(l,~ , s.z.--?:L3~s/~~ !/Zt2..:..1J.?3 ~~ ----------------- ------------------ ------- ------------- / ----------------- ------------------ ~ i.~.' .l -7 r- 1/ '.1"\ ~ n, -:- /-"".", - ..t..- .--.-,'~' ." ., j I BRENTRIDGE lilT. DOC.NCl r-: .~ r I l.__J____..J . ;--;-- --! f ~-----.- ......... 1. I. .. IG"I~. .. -,- 0: ': ~ I I ......_.~- .....;. ;;. -.... - .. -"'1 ,. ...--:'--E X C \. .P::-_ " ;:./ t;.,. ~~ It-.. -,_ a ' 'J>;-i:.i) .' ...... ."':.-:' --. ...... .. E P T N ~ , . -... q;, ~ 0...... tv:) 0> . . . . . 1 , :C \ .... .., ..'t: . .. SCoM.& _ "'I." ,-.. L..& - - .-- ~\-r \-1- \ ~\ \ ty'\ \S'- ~ ' f, ~t;J~ltj 1Jj~! . B . . . . . . e.-.-- '"------ ,-\ 1'J .... ." \.A 'J'" (" !~ . . -: : :- .t~ ': ~ :;::.;:-.. -:.:. -.;:::. ":.:.;.~:,.--:.:.. o ...:.:-:~::,-::.. ;:.- ~ ~' r o -l :i .:i -'i =: al e :Vo ~ \' \ \ \ \ -'"" :'" Y (~ "oJ'" '\ , ".\ po+e t'\ + ,a. \ }J.e ~ :::'rr"~~+ Lijl-.+ J Let-A + i OY\ oS (- ~. ~~.; - ...:.....,?:.~.... ... . "... ... .1 --- 'iert'.....:'" 'fr. \ 00#-_" U' ......~..- J :.10.._ ......; ~'" ,.", --~..~I'~--""" .. . 1 ..0"....-0 _ -;............-. l ,.- ... -. .' '~ :::-~ ~: 'r- 0 I 'i :0 -f :. I. ~ -, ; .'\ ::;.. ~;.' ~ E~h\ bi-r 1) CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAN AND FINAL PLAT OF GIDEON'S WOODS P.U.D. WHEREAS, the final plat of Gideon's Woods P.U.D. has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statues, and all proceedings have been duly had thereunder; and . WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood; and WHEREAS, the final plan for the Gideon's Woods P.U.D. has been submitted, pursuant to Section 1201.25 of the City Code; and WHEREAS, the final plan is consistent with the concept and development stage plans previously approved for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the plat of Gideon's Woods is hereby approved. . 2. That the approval is specifically conditioned upon the terms and conditions contained in the Planned Unit Development Agreement for Gideon's Woods P.U.D., attached hereto and made a part hereof. 3. That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the said Planned Unit Development Agreement on behalf of the City Council. 4. That the final plat, together with this Resolution, the Planned Unit Development Agreement, and the Declaration of Covenants, Conditions, Restrictions and Easements for Gideon's Woods Townhomes, attached hereto, shall be filed and recorded within thirty (30) days of the date of certification of this Resolution. BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by the Mayor and Cily Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of Januarv. 1994. . . TO: Jim Hurm, City Administrator FROM: Teri Naab, Deputy Clerk DATE: January 6, 1994 RE: Proposed Open Burning Ordinance In August of 1993, the DNR was designated as sole authority regulating open burning in Minnesota. The DNR has suggested adoption of a uniform ordinance requiring permits for any type of burning. Cary Smith, Fire Marshal, and I have worked closely on mOdifying the generic ordinance to fit the City's philosophy. The proposed ordinance establishes guidelines for burning within the City and requires a permit, issued by the Fire Department, for any burning. The Fire Marshal has been certified as a State Fire warden enabling him to authorize issuance of permits on behalf of the DNR and the city. Recreational permits will be issued on an annual basis. The ordinance also provides for a fee to be charged for open burning permits issued for the sole purpose of clearing land. This fee will cover any inspection of the site needed and costs incurred by the Fire Department should they be called. Adoption of this ordinance will allow the City greater control with respect to criteria for allowed burning. 1694.3 7 CITY OF SHOREWOOD ORDINANCE NO. 94- AN ORDINANCE AMENDING CHAPTER 508 OF THE SHOREWOOD CITY CODE ADOPTING THE UNIFORM FIRE CODE THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1: Chapter 508 of the Shorewood City Code is hereby amended as follows: . 508.01: ADOPTION OF MINNESOTA UNIFORM FIRE CODE: The Minnesota Uniform Fire Code, including Appendix Chapters as adopted by the State of Minnesota, as amended from time to time established under and pursuant to Minnesota Statutes Seeton 299F.011, including those sections of the rules and regulations of the Fire Marshal Division of the Department of Public Safety, are hereby adopted as the Fire Code for the City of Shorewood. Such Code is hereby incorporated in this Chapter as completely as if set out in full. 508.04: ESTABLISHMENT OF LIMITS FOR STORAGE OF LIQUIFIED PETROLEUM GAS AND FLAMMABLE LIQUIDS: Pursuant to the provisions of the current Uniform Fire Code and applicable NFPA section regarding Storage and Handling of Liquified Petroleum Gases, the following limits are hereby established: the bulk storage of liquified petroleum gas of one thousand (1,000) gallon water capacity or more and the bulk storage of flammable liquids in capacity of one thousand (1,000) gallons or more in outside above ground tanks within the City of Shorewood is prohibited. . 508.06 PROHIBITION OF THE STORAGE OF EXPLOSIVES AND BLASTING AGENTS: Pursuant to the provisions of the Uniform Fire Code, the storage of explosives and blasting agents within the City of Shorewood is prohibited. Section 2: This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this 10th day of January, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 1. /1 ~. . )!.f t7' I CITY OF SHOREWOOD ORDINANCE NO. 94-___ AN ORDINANCE AMENDING SECTION 501.03 OF THE SHOREWOOD CITY CODE RELATING TO OPEN BURNING & AMENDING CHAPTER 1301 BY ADOPTING AN OPEN BURNING PERMIT FEE THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: section 1: section 501.03 of the Shorewood City Code is hereby amended by repealing section 501.03 in its entirety and adopting the following: . Subd. 1 Purpose: The City Council has determined that adequate refuse collection service is available in the City and that the rules and regulations herein promulgated are necessary for the health and welfare of the citizens of the City. Subd. 2 Definitions: As used in this Chapter, the following terms shall have the following meanings: A. Open Fire: "Open Fire" or "Open Burning" means a fire burning in matter, whether concentrated or dispersed, which is not contained within a fully enclosed fire box, structure or vehicle, and from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct, or chimney. . B. Recreational Fire or Camp Fire: "Recreational Fire" or "Camp Fire" means a fire set for cooking, warming, recreational or ceremonial purposes, which is not more than three (3) feet in diameter by three (3) feet high, and has had the ground five (5) feet from the base of the fire cleared of all combustible material. 1) Recreational Fire site Requirements: An area of no more than a three (3) foot diameter circle (measured from the inside of the fire ring or border) completely surrounded by non- combustible and non-smoke or oder producing material, either of natural rock, cement, brick, tile or block of ferrous metal only and which area is depressed below ground on the ground, or on a raised bed. Included are permanent outdoor wood burning f ire places. Recreational fire sites shall not be located closer than twenty-five (25) feet to any structure. Ordinance No. 94- Page 2 of 4 2) Recreational Fire Burn Requirements: When a camp fire is used for recreational purposes, it must be ignited with an approved starter fluid using, dry clean wood; producing little detectable smoke, odor or soot beyond the property line; conducted with an adult tending the fire at all times; extinguished completely before quitting the occasion; and respecting weather conditions, neighbors, burning bans, and air quality so that nuisance health or safety hazards will not be created. Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers, and propane or natural gas devices, are not defined as camp or recreational fires. C. starter Fuels: "starter Fuels" mean dry, untreated, unpainted wood or charcoal fire starter. Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only. Propane gas torches or other clean gas burning devices causing minimal pollution must be used to start an Open fire. . D. Wood: "Wood" means dry, clean fuel only, such as twigs, branches, limbs, "presto logs", charcoal, cordwood or untreated dimensional lumber. "Wood" does not include wood that is green, with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue or preservatives. Clean pallets may be used for recreation fires when cut into three (3) foot lengths. . E. Burners: "Burners" or formerly called burn barrels are prohibited. F. Burning Permit: A permit issued by the City Fire Marshal and the Minnesota Department of Natural Resources or its representative authorizing fires exempted from the general provisions hereof, and setting conditions therefore. Subd. 3. Open Burning Prohibited: From and after the effective date o.f this ordinance, except as herein otherwise provided, open burning shall be prohibited within the City of Shorewood. Subd 4. Exemptions: Open burning of the types, and subject to the conditions, as hereinafter stated, shall be exempt with a permit from the prohibition of Subd. 2 of this ordinance: A. Recreational fires as defined herein. Ordinance No. #94- Page 3 of 4 B. Fire with Burning Permit: Fires under managed supervision for which a burning permit has been obtained from the City Fire Marshal and, where required by state law, from the Department of Natural Resources, but limited to the following: 1) Fires purposely set training of public and personnel. for the instruction and industrial firefighting 2) Fires set for the elimination of a fire hazard which cannot be abated by any other practicable means. . 3) Fires purposely set for forest, prairie grass conservation and game management purposes. 4) The burning of trees, brush, grass and other vegetable matter in the clearing of land, the maintenance of street, road and highway right-of- way, and in accepted agricultural land management practices. C. Exemption to conduct fires under this section does not excuse a person from the consequences, damages or injuries which may result therefrom nor does it exempt any person from regulations promulgated by the Minnesota Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution .or fire hazard regulation. . Subd. 5. Rules adopted by Reference: Minnesota statutes 88.02- 88.22, 88.75, 88.76 and Minnesota Uniform Fire Code are hereby adopted by reference and made a part of this ordinance as if fully set forth at this point. Subd. 6 . Fees: Any person to obtain a permit for opening burning shall pay the required fee, as established by resolution by the City Counci11. section 2: Chapter 1301 of the Shorewood City Code is hereby amended by adopting the following: City Code Reference 501.03 Type of Charqe/Fee Open Burning Permit Charqe/Fee $100.00 per site section 3: This Ordinance shall be in full force and effect from and after its passage and publication. Ordinance No. #94- Page 4 of 4 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this 10th day of January 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/clerk . . Excelsior Fire Department Guidelinefor Application of Open Burning Permit 1) Contact the Excelsior Fire Prevention Bureau at 474-5364 to apply for an Open Burning Permit. . 2) Complete the Open Burning Permit application and pay permitfee. 3) The Fire Marshal or other fire department representitive shall inspect the burn site prior to approval of the permit. 4) Rules and regulations to Open Burning shall be strictly enforced. . p1i3 MINNESOTA OPEN BURNING PERMIT & LOCAL PERMIT PERl\1mEE INFORI\IA TION BURNING PERMIT CONDITIONS (Check those Ihal apply) Name o PILED MATERIAL (Circle Fuel) Trees/Brush/Leaves/ Other(Specify) # Piles Approx Pile Size RUNNING FIRE (Circle Fuel) Brush / Slash / Grass Size of Area in Acres FARM OPERATION Household / Other (Specify) Address City State Zip o o o SPECIAL CONDITIONS Telephone Number BURN SITE LOCATION Section_ Twp Forty or Gov't Lot Address: Range_ o o ~ATTACHMENT LOCAL ORDINANCE PRIOR TO BURNING CALL o WETLAND County City !EFFECTIVE DATES: DAILY HOURS: From: M From: /0 /y - - AM/PM To: M /0 /Y To: -AM/PM --- OR --- 0 ALL DA Y This pel7/1il is ,'alid for open bll/ning as allowed alll/ specifie,/ in Minn. Rriles pis. 7005.0705 10 7005.0805, MS 88./6. Minn. UniJof71l Fire Code. and local ordinances. The pennilll'<' is granted pe,mission 10 brim Ihe above described materials allhe specified localion dming Ihe dntes and limes /i,'led above. lallesl, by m}' signalllre, Ihall have read and will compl}' wilh Ihe COllllilions oj. and an)' allachmenls 10 Ihi.. pem/it; and Ihal I am Ihe lalU/owner or have pem,ission of Ihe lan,/mvn<'r 10 brim allhe above brim sill' location. . Permittee's Signature Dale Approving Authority Signature(s) Date X NA.OI974-0J x X PLEASE SEE REVERSE SIDE FOR FIRE SAFETY AND AIR QUALITY REQUIREMENTS . "",. , ATTACHMENT TO OPEN BURNING PERMIT THIS PERMIT IS LIMITED TO THE FOLLOWING CONDITIONS 1) The prevailing wind at the time of the burning shall be away from nearby residences and must be less than 15 mph. 2) The burning shall be conducted as far away as practical from any highway or public road and controlled so that a traffic hazard is not created. 3) The location of the burning shall not be within 600 feet of an occupied residence other than those located on the property on which the burning is conducted. 4) The recipient of this permit or his authorized representative shall be present for the duration of any fire authorized by the permit. 5) Any fire allowed by this permit shall be extinguished within four (4) hours of a public announcement by the Minnesota Pollution Control Agency that an air pollution alert, warning or emergency exists. SUCH BURNING SHALL CEASE until similar public announcement terminating the alert, warning or emergency is issued. . 6) This permit is subject to revocation at the discretion of the Director, a Department of Natural Resources Forest Officer, the local fire authority or the permit issuer if: a. A reasonable, practical alternate method of disposal of the material exists; or b. A fire hazard exists or develops during the course of the burning; or c. Any of the conditions of the permit are violated during the course of the burning. 7) No stumps are allowed in the bum. 8) Maximum length of permit is one week. 9) Open burning is allowed Monday thru Friday between sunrise and sunset on the permitted days allowed for the bum. Rres must be broken down between the allowed times. . 10) Prior to burning, the Rre Department must be notified the day before or on the morning of the bum. Calls must be made during regular working hours, Monday through Friday, between 8:00 a.m. and 4:30 p.m. even if you are not burning tillater in the day. Given an approximate time of when the bum will begin and your permit number which is in the upper right hand comer. If you do not call in during regular working hours you will not be allowed to burn. Phone 474-5364. 11) Special instructions or conditions of the Rre Chief/Marshal. AGREEMENT I, the undersigned, a legal adult 18 years of age or older, understand this permit does not release me of my liability for damages that may result therefrom. I agree to comply with all requirements stated as well as any special instructions or conditions of the Rre Chief/Marshal. APPLICANT SIGNATURE DATE APPROVED BY DATE MAYOR Barb Brancel COUNCl L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAO · SHOREWOOO, MINNESOTA 55331.8927 ,. (6i21474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen . DATE: 22 November 1993 RE: Request for Change to "No Parking" Restrictions FILE NO.: Streets - Christmas Lake Road The City has received a request from Bill Maddy, a resident on Christmas Lake Road, to remove the parking restriction in front of his house (see Exhibit A, attached). Christmas Lake Road was posted "no parking" in June, 1986, when the public access was constructed on Merry Lane. Residents were concerned at the time that Christmas Lake Road would become the overflow parking for boaters launching at the access. The Council at the time chose the option of no parking versus limited parking or parking by permit only. . Since the street was posted, there have been occasions where residents have requested permission to park on the street (e.g. garage sales, a wedding, etc.). Mr. Maddy is correct in stating that the process is cumbersome as it requires Council approval. Section 801.02 Subd. 2. of the City Code provides the City with several options for controlling on-street parking, "no parking" obviously being the most restrictive. There is some question as to whether any restriction is necessary any longer, since the use of the public access is less than originally anticipated. It should be noted, how~v.er, that Christmas Lake Road is less than 24 feet in width and is considered inadequate to allow parking on both sides of the street. It is therefore recommended that the "no parking" signs be removed from the west side of the street. Councilman Benson may wish to poll his neighbors prior to the meeting on Monday night to see if this recommendation is acceptable. A proposed resolution is attached for your consideration. c: Jim Hurm . Tim Keane Joel Dresel Bill Maddy A Residential Community on Lake Minneronka's South Shore #s OCT Z 0 \S93 5780 CHRISTMAS LAKE ROAD EXCELSIOR. MINNESOTA. 55331 (612) 474-6968 BILLY L. MADDY October 18, 1993 TO: The Shorewood City Council Subject: Restrictive Roadside Parking The undersigned asks that a blanket permit for roadside parking at the 5780 Christmas Lake Road household be issued. The need would be infrequent and for only a few hours. The present system is too restrictive, discrimates against a few propery owners. It is a good example of "spot" zoning and its unfairness. To try and get a temporary moratorium. of the res- '~i . triction is a lengthy, cumbersome administrative process. It seems that in all fairness this restrictive parking problem on just some of Christmas Lake Road should be reviewed that will lead to a more fair and flexible process to have the restriction waived temporarily when special needs arise. Very truly yours, . For Information: South Lake Minnetonka Public Safety Deoartment K '''.,,..;, 1"'...... ~ .~~ </-- .../ ~:! ~ J~.! ,. ;"_~r", ~~......, .t., ;..;" , ~ .. .. . ci . a:: "~ j i w CHRISTMAS ~ <! ...J .. "- .. ~cAh 1 "=4co' ," , J . .. .. .. I"'..L ?': . J'^ ,.... I' J",.1 I ;<"" )) U / ) I I .. ..- LA. LA. \)~~~\ CITY OF SHOREWOOD RESOLUTION NO. WHEREAS, Section 801.02 Subd. 2. of the City Code provides that the City Council may, by motion or resolution, designate portions of the highways and streets within the City of Shorewood as "No Parking" zones and "Parking by Permit Only" and cause such zones to be marked by appropriate signs; and WHEREAS, Christmas Lake Road is currently posted "No Parking" on both sides of the street; and WHEREAS, residents on Christmas Lake Road have, over the years, requested waivers to the current parking restriction; and . . WHEREAS, the paved surface of Christmas Lake Road is less than 24 feet in width and is inadequate to allow on-street parking on both sides of the street. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnes~ta, as follows: 1. On-street parking, consistent with Section 801.02 of the Shorewood City Code, is allowed on the west side of Christmas Lake Road. 2. removed. That "No Parking" signs on the west side of Christmas Lake Road be ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, this 30th day of .ovember, 1993. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk RESOLUTION NO. 94- RESOLUTION RECEIVING REPORT FOR THE PUBLIC IMPROVEMENTS TO THE BRYNMAWR SINGLE FAMILY HOUSING PROJECT WHEREAS, pursuant to resolution of the Council adopted December 13 , 1993, a report has been prepared by the City Engineer with reference to the improvement of the Brynmawr Place project, and this report was received by the Council on January 10, 1994. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SHOREWOOD, MINNESOTA: . 1. The Council will consider the improvement of such project in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $491,000. 2. A public hearing shall be held on such proposed improvements on the 14th day of February, 1994 in the council chambers of the City Hall at 7:30 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the Council this 10th day of January, 1994. . Barbara Brancel, Mayor James C. Hurm, Administrator/Clerk 1 ;;,,;-; I I I I I I' I I I I I I I I I I I I I FEASffiILITY REPORT AND COST ESTIMATE SANITARY SEWER, WATER~ AND STORM SEWER BRYNMAWR PLACE PROJECT FOR THE CITY OF SHOREWOOD, MINNESOTA . ORR-SCHELEN-MA YERON & ASSOCIATES, INC. CONSULTING ENGINEERS, SURVEYORS, LAND PLANNERS 300 PARK PLACE CENTER 5775 WAYZATA BOULEVARD MINNEAPOLIS, MINNESOTA 55416-1228 (612) 595-5775 OSM Project No. 5047.14 I I I I I I I I I I I I I I I I I I I Q.5;\1. Orr ~ Schelen Mayerpn & .. AsSociates/inc. 300 Park Place Center 5775 Wayzata Boulevard Minneapolis, MN 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 January 5, 1994 Engineers Architects Planners Surveyors Honorable Mayor and Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Feasibility Report and Estimate of Costs Sanitary Sewer, Watermain, Street and Storm Sewer Improvements Brynmawr Place Development City of Shorewood, Minnesota OSM Project No. 5047.14 Dear Mayor and Council Members: Transmitted herewith is a Feasibility Report on the referenced project. We look forward to discussing this report with you at your convenience. If you have any questions regarding this report, do not hesitate to call me at 595-5695. Sincerely, ORR-SCHELEN-MA YERON ~& ASSOC~n;(NC. .... ,/ .~. (/J /~Joel Dresel, P.E., LS. City Engineer Encl. nm H:\CML\NM\ENGINEER\lAD\LEITERS\O!QSI)4.HMC Equal Opportunity Employer I I I I I I I I I I I I I I I I I I I CERTIFICATION SHEET I hereby certify that this plan, specification or report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Date: January 4, 1994 Reg. No. 20370 OSM Project No. 5047.14 I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS TITLE SHEET LEITER OF TRANSMfITAL EXECUTIVE SUMMARY AND RECOMMENDATION CERTIFICATION SHEET TABLE OF CONTENTS I. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. SCOPE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ill. EASEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 IV. ESTIMATED COSTS SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 V. ASSESSMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VI. PROJECT SCHEDULE ..................................... 3 APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Cost Estimates Location Map Proposed Improvement Plan OSM Project No. 5047.14 H:\CJVIL\NM\ENGINEERVAD\~".FBA I I I I I I I I I I I I I I I I I I I EXECUI1VE SUMMARY AND RECOMMENDATION The purpose of this report is to outline the feasibility of constructing public utilities to the proposed Brynmawr Place Project. This report covers expanding the southwest area water system, extending lateral sanitary sewer to the proposed lots, installation of streets and extending the storm sewer to the proposed Brynmawr Place. A. Watermain - The water distribution system would be extended to supply the proposed project area and connect to the existing Boulder Bridge water system. Total costs for the water distribution system is estimated at $197,278. Approximately $137,000 is assessable, with the remaining $60,000 funded from the City's Trunk Water Fund, if possible. It is possible to delay portions of the non-assessable work to a later date. B. Sanitary Sewer - The proposed project does not require extension of the City's trunk system. Total costs for laterals and services is estimated at $75,884, which will be assessed back to the project. C. Storm Sewer - The proposed project does not require extension of the City's trunk system. Total costs for laterals is estimated at $70,409, which will be assessed back to the project. D. Streets - The proposed project does not require City funds for street construction. Total costs for streets are estimated at $147,042, which will be assessed back to the project. E. Recommendation - This proposed project is feasible from an engineering standpoint. Economic feasibility will be determined by the City Council and developer. The project could be scheduled for design during the winter, with construction the following season. OSM Project No. 5047.14 H:\CIVIL\NM\BNGINEIlR\JAD\304714.F1lA I I I I I I I I I I I I I I I I I I I I. GENERAL The City of Shorewood received a request from the developer, The Pemtom Land Company, for the sanitary sewer, watermain, street, and storm sewer improvements for Brynmawr Place and ordered this Feasibility Report on December 8, 1993. II. SCOPE The project is located southwest of the Howard's Point Road/Woodside Road intersection and north of the Boulder Bridge 2nd and 3rd Additions. The project, as proposed by Pemtom, includes a total of 24 residential lots. Five (5) of these lots are proposed along existing Woodside Road, with the remaining 19 lots fronting on a proposed roadway tentatively named Brynmawr Place. See the project location map in the Appendix of this report. The proposed improvements will provide sanitary sewer, watermain, and storm sewer for the 24 proposed lots. The develope~ is proposing to install telephone, gas and electric utilities, and perform site grading within the project as a separate contract. The proposed sanitary sewer improvements include 8-inch diameter main and 4- inch diameter services extended to 19 of the proposed lots on Brynmawr Place, and 4-inch diameter services extended from an existing 9-inch diameter main to the remaining 5 proposed lots on Woodside Road. The proposed watermain improvements include: 1) Extension of the existing watermain in Brentridge Drive to the south plat boundary and to Brynmawr Place; 2) Extension of the watermain currently stubbed into Woodside Road to the west plat boundary with services to new lots; 3) Construction of watermain and services in Brynmawr Place; 4) Connection of the new watermain in Brynmawr Place to the existing main in Boulder Bridge for increased fire protection and improved pressure. This connection can potentially be delayed for future funding, but the possibility of low pressure problems will then be increased. OSM Project No. 5047.14 Page 1 I I I I I I I I I I I I I I I I I I I The proposed street improvements include; the restoration of Woodside Road following utility construction from Howard's Point Road to the west proposed plat boundary, new street construction of Brynmawr Place from Howard's Point Road to the west approximately 1300 feet. All : street construction shall meet a minimum 7-ton design. New streets shall include concrete curb and gutter with a minimum width of 24 feet. Street restoration shall match the pavement width, curb and gutter and boulevard conditions prior to the proposed improvements. The proposed storm sewer improvements include 12 to 24-inch diameter storm sewers with catch basins located at the low points within the project limits. During critical storm events water will be det~ned in three ponds located within the proposed plat boundary which will outlet mto the existing storm sewer system. III. EASEMENTS Drainage and utility easements will be provided by the developer for the proposed improvements within the plat. A utility easement will also be required from the southern boundary of the proposed plat to Boulder Bridge Lane in order to connect the Brynmawr Place water system to the Boulder Bridge water system. It is assumed that the developer will obtain this easement. Permits may be required from the Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, and Minnesota Department of Health. The developer shall be responsible for obtaining: these permits and any additional permits that may be required. IV. ESTIMATED COSTS SUMMARY Detailed costs estimates are included in the Appendix of this report. A summary of these costs are as follows: . Item Lateral Trunk lilll Sanitary Sewer $ 75,884 0 $ 75,884 Watermain $137,278 $60,000 $197,278 Storm Sewer $ 70,409 0 $ 70,409 Streets $147.042 0 $147.042 $430,613 $60,000 $490,613 OSM Project No. 5047.14 Page 2 I I I I I I I I I I I I I I I I I I I v. ASSESSMENTS This project can be assessed on a unit basis. $430,613 + 24 lots = $17,942 per unit VI. PROJECf SCHEDULE The proposed schedule for this improvement ,is as follows: Receive Feasibility Report/Set Public Hearing Order Plans and Specifications Accept Plan & Specifications/Order Ad for Bid Bid Opening Begin Construction Substantial Completion of Construction Assessment Hearing First Payment with Real Estate Taxes January 10, 1994 February 14, 1994 March 14, 1994 April 1, 1994 May, 1994 September, 1994 November, 1994 May, 1995 OSM Project No. 5047.14 Page 3 I I SANITARY SEWER I COST ESTIMATE ITEM UNIT QTY. UNIT COST ITEM COST I REMOVE BITUMINOUS PAVEMENT SY 200 $2.50 $500 I CONNECT TO EXISTING MANHOLE EA 1 $1,200.00 $1,200 CONNECT 4" SANITARY SERVICE TO I EXISTING 9" MAIN EA 5 $400.00 $2,000 4" PVC SANITARY SERVICE LF 725 $15.00 $10,875 8" PVC SANITARY SEWER LF 1130 $22.00 $24,860 I 48" DIAMETER SANITARY MANHOLE EA 5 $1,400.00 $7,000 8" X 4" PVC WYES EA 19 $55.00 $1,045 I GRANULAR TRENCH FOUNDATION TON 200 $10.00 $2,000 2341 BITUMINOUS WEAR COURSE I (1-1/2") TON 20 $24.00 $480 2331 BITUMINOUS BASE COURSE (2") TON 24 $22.00 $528 I AGGREGATE BASE, CL. 5 (6") TON 54 $8.00 $432 AGGREGATE BASE, CL. 4 (4") TON 36 $5.00 $180 I SUB TOTAL $51,100 10% APPURTENANT ITEMS $5,110 I $56,210 35% FISCAL, LEGAL, ADMINISTRATION & DESIGN $19,674 ESTIMATED TOTAL COST $75,884 I I I I I I I OSM Project No. 5047.14 Page 5 I I WATERMAIN I COST ESTIMATE ITEM UNIT Q1Y. UNIT COST ITEM COST I REMOVE BITUMINOUS PAVEMENT SY 770 $2.50 $1,925 I CONNECT TO EXISTING 6" WATERMAIN EA 2 $850.00 $1,700 CONNECT TO EXISTING 12" I WATERMAIN EA 1 $1,000.00 $1,000 6" W A TERMAIN D.I.P. CL. 52 LF 55 $20.00 $1,100 I 8" WATERMAIN D.I.P. CL. 52 LF 3650 $22.00 $80,300 HYDRANT EA 6 $1,400.00 $8,400 I 1" CORPORATION STOP EA 24 $45.00 $1,080 6" GATE VALVE & BOX EA 6 $400.00 $2,400 8" GATE VALVE & BOX EA 7 $650.00 $4,550 I 1" CURB STOP & BOX EA 24 $130.00 $3,120 1" TYPE "K" COPPER PIPE LF 680 $12.00 $8,160 I DUCTILE IRON FITTINGS LB 2335 $2.00 $4,670 2341 BITUMINOUS WEAR COURSE I (1-1/2") TON 105 $24.00 $2,520 2331 BITUMINOUS BASE COURSE (2") TON 101 $22.00 $2,222 I AGGREGATE BASE, CL. 5 (6") TON 200 $8.00 $1,600 AGGREGATE BASE, CL.4 (4") TON 140 $5.00 $700 I TRENCH RESTORATION SY 3700 $2.00 $7,400 SUB TOTAL $132,847 I 10% APPURTENANT.ITEMS $13,285 $146,132 I 35% FISCAL, LEGAL, ADMINISTRATIVE & DESIGN $51,146 ESTIMATED TOTAL COST $197,278 I I I I OSM Project No. 5047.14 Page 6 I I I I I I I I I I I I I I I I I I I STORM SEWER COST ESTIMATE ITEM UNIT Q1Y. UNIT COST ITEM COST 12" RC. APRON W /GUARD EA 1 $500.00 $500 15" RC. APRON W /GUARD EA 1 $800.00 $800 24" RC. APRON W /GUARD EA 2 $1,200.00 $2,400 12" RC.P. CL. 5 LF 220 $22.00 $4,840 15" RC.P. CL. 5 LF 230 $24.00 $5,520 18" R.C.P. CL. 5 LF 154 $26.00 $4,004 24" RC.P. CL. 3 LF 521 $30.00 $15,630 CONST. STD. CB EA 5 $950.00 $4,750 CONST.~"D~.~OLE EA 4 $1,200.00 $4,800 CONNECT TO EXISTING CB EA 1 $500.00 $500 GRANULAR TRENCH FOUNDATION TON 250 $10.00 $2,500 RANDOM RIP RAP CL. II CY 18 $65.00 $1,170 SUB TOTAL $47,414 10% APPURTENANT ITEMS $4,741 $52,155 35% FISCAL, LEGAL, ADMINISTRATIVE & DESIGN $18,254 ESTIMATED TOTAL COST $70,409 OSM Project No. 5047.14 Page 7 I I I I I I I I I I I I I I I I I I I ITEM STR~ COST ESTIMATE UNIT Q1Y. UNIT COST ITEM COST CLEAR AND GRUB AC .5 $3,000.00 $1,500 COMMON EXCAVATION (SUB-CUT) CY 6163 $4.00 $24,652 2341 BIT. WEAR COURSE (1-1/2") TON 286 $24.00 $6,864 2331 BIT. BASE COURSE (2") TON 382 $22.00 $8,404 AGGREGATE BASE, CL. 5 (6") TON 936 $8.00 $7,488 GRANULAR BASE (18") TON 3675 $5.00 $18,375 2341 BIT. DRIVEWAY PAVEMENT (2") TON 50 $24.00 $1,200 CONCRETE DRIVEWAY PAVEMENT SY 265 $25.00 $6,625 (6") CONCRETE CURB & GUTTER B-618 LF 2700 $6.50 $17,550 SODDING (INCL. 4" TOPSOIL) SY 3180 $2.00 $6,360 SUB TOTAL $99,018 10% APPURTENANT ITEMS $9,902 $108,920 35% FISCAL, LEGAL, ADMINISTRATIVE & DESIGN $38,122 ESTIMATED TOTAL COST $147,042 OSM Project No. 5047.14 Page 8 I I I I I I I I I I I I Ir ' . ,1 ~L/oL:":"'.'=2 .~_ pH ~;~: ~ I . =- . - - 0 ;hl '0'- --; \ - ~ ~\:.=-. sd--J"':~'= L, \ -' > ~~~i-.c~ ,- ~"" ! ~. ij~~:....<i'~~~' == >r~rfrll ,~~ I'. ~~i ~~z '~lS~fJ~--=' ml6flli1L..d \ ."~ t::' =1 t= . ~.'..::"j.... II:' ""I , ~ \ . -' . iI . I h;--!'~LoJ'.' . I :!: !.~I':':'_-:\.'~\~.lO.1 m.m.:1 ~n~..'.' =iF. ~-::::::::::. Z i. ..... d -... \ fi 8 ..:..r-o - , '- .. . ,\.L.L i'---r- > \\':':':":':" 'S,,-- I '-J==- '. ~ \~':i:i :~~__= ~ C~ J~" ~ ~ " ~. ,.,.1~ 01 ~ - _.~y ~ l~ ID- ; ~ ~~:..~. jft~\- -.J~l. ~~L' i~~-=rL~~~': I~~ L~.. y [::t (J) ~ dO, ~ ! f---~':'\ . ~ ,,::! 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" ':~. . .. . .... ----... ---- .to 17.'10_ ~ t. ...~ ..... - ..a ';;": "'''' '" ~ ':: ~ ,... <Ox ..... --- ~ l . . TO: Mayor & City Council Members !l- II FROM: James C. Hurm, City Administrator DATE: January "6, 1994 RE: Policy Issue Discussion - Agenda Items #13 A, Band C 1. To inform the public we should read our statement of purpose and City values aloud (Exhibits 1A & B). Then if anyone wants to discuss them or change them this is the time to do so. 2. A review of 1993 objectives and list of issues prioritized by the Council for 1993 are inclosed for your information and comment (Exhibits 2A & B). 3. This is a list of objectives set during the budget process for 1994. 4. This is a list of issues facing the city in 1994 as prepared by the staff as a starting point. It does not include projects which are already budgeted in the CIP to be done in 1994. Please review the list and add any issues (or subtract) which you see as facing the City this year. We will discuss and complete the list Monday and ask the Council to prioritize them on January 24th as we have done in past years. JHjtln 1694.2 -#13 A Be Exhibit lA city of Shorewood This statement is a point of reference for all decisions and actions of Shorewood city Officials and Employees. ~our Purpose: to provide a value in municipal services, to assure compliance with community laws and standards, and to keep citizens informed of those services, laws and standards. Our Goal: to serve our purpose in such an efficient, friendly manner that residents feel good about being citizens of the Shorewood community. Our Expectations: to accomplish our goal we must serve in an impartial fashion; be open, accurate, patient and courteous; and take pride in the job we do. Let us know when we don't meet our expectations! ~ 10/21/91 Exhibit IB January, 1992 SHOREWOOD CITY VALUES The Shorewood City Council, in its governing roll, is responsible for setting policies for the City, which are implemented by the Administrator and City employees. Furthermore, the Administrator, employees, and City Commissions propose overall goals, specific objectives, service levels, and action plans for Council consideration and direction. This ".team" mak~s decisions and acts based on a strong set of values. The team values are: . A strong sense of commitment to the City and its statement of. Purpose. . Open, democratic government, enhanced by an informed populace. . . Responsiveness to the needs and desires of the citizens; public service. . Fair and equal interpretation and enforcement of City Codes. . A reputation for dependability and integrity. . Teamwork and action oriented problem solving (acting rather than reacting) . . Striving for improved productivity and efficiency through new technology and innovation. . Employee selection by merit. . Professional development. . . Respect for City employees who, with fair treatment, proper training, and a willingness to let them excel, will take pride in association with the City and serve the people well. . The provision of accurate, timely information to the City Council, thru proper channels, so the best possible decisions can be made. . Adherence to professional, ethical standards of conduct. JCH.al FROM: James C. Hurm, city Administrator I . if ;1 :~ I. 'J TO: Mayor & City Council Members DATE: January 6, 1994 RE: Explanation of Objectives not Reached as Planned in 1993 1. Mavor & Council: D - Support for affordable senior housing is an on-going effort. 2. Administrator: B & G - Should be done over the next 2 years. H - Same as Item 1D. 4. Finance: C - Implement new Chart of Accounts - The chart of accounts has been reviewed and determined that revision is not necessary at this point. . F - Alternative Finance Sources - This is an on-going objective which will continue into the coming year. 6. Planninq & Zoning: A - In the process, see Planner's memo regarding water for schedule. B - Objective for 1994. E - Software company did not procedure product. Staff is exploring other options. 7. Municipal Building - city Hall: B - Cabinet Doors for Service Counter - The doors have been delivered and will be installed time permitting. . 8. Protective Ins~ection: C - Extremely busy construction season. Staff did not have time to investigate other options. D - Same as Item #6E. 9. city Enqineer: C Communicate in written form construction project - We have not project to try the new system yet. to affected residents of had a public reconstruction 11. Streets & Roadwavs: A - Accomplish over the next several years. 16. Water: A Because of our' fragmented system, we cannot assure an uninterrupted source of water. JH/tln 1694.3 Kev: 1 = 1st Review (done in July) 2 = 2nd Review (done in October) 3 = Final Review (January of following year) REV:IEW OF CITY OBJECTIVES FOR THE YEAR DATE: DECEMBER 1993 1- Mayor << Counci~: A Televise all City Council meetings i 1- I B Inform citizens through quarterly City 1 newsletters C Enhance intergovernmental relations & 1 cooperation by supporting "optimum" study D Support an effort to establish senior I 3 housing within the City E Undertake a meaningful goal setting 1 session during the first 60 days of 1993 2. Administrator: I . A Develop and implement ..... . survey 1 a C~i..~zen to annually measure service satisfaction (customer satisfaction audit) B Update comparable worth pay plan* I 3 C Provide an orientation session for 1 council and Commission members D Begin negotiations for a 1994-95 AFSCME 3 agreement E Take a leadership role in 1 intergovernmental cooperative efforts in the Lake Minnetonka area F Implement a process to quarterly review 2 City objectives G Introduce a merit element to the C}.ty's 3 pay plan system* . H Coordinate implementation of Senior 3 Task Force recommendations * Does nnt: 1'1ppn t:n np r'!rH1P "",t-; I hQQ . . Key: 1 = 1st Review (done in July) 2 = 2nd Review (done in October) 3 = Final Review (January of following year) Adminst:rator - Cont. I Monitor the cost of engineering 3 services and update recommendations for a City Engineer position General Government: I A Fully implement computerized Clerks 1. index relating to minutes of Council proceedings and other records B Maintain an up-to-date microfilm I 1. I I history of City records C Have City Code books updated twice 1. annually D Complete City Clerk Certification 1. Program (Deputy Clerk) 4. Finance: I I , I A I Implement new budget format and enhance 3 I " for 1.994 budget year B Prepare CAFR for submittal to GFOA I 1. I I Certificate of Excellence Program C Implement new chart of accounts 3 D Provide monthly reports to staff, 3 quarterly reports to Council E Invest available City funds in 3 accordance with state statutes to . .. . the safety and liquidity of ma1.n,-a1.n funds and achieve the highest reasonable return F Investigate alternative financing 3 sources to reduce percentage of property taxes to total revenue : 5. Professional Services: A Contain costs on contracted 3 professional services . . . . . . o .u Kev: 1 = 1st Review (done in July) 2 = 2nd Review (done in October) 3 = Final Review (January of following :.. .... III ..:,: -I ....,,,, ~'" 0'1 O'I'~ 0 /'t10'1 l.,0'I"'" III 't1 i c:.... Ill.... ' ~ III '1ft .u ,.u' .J:: I ::: 1ft C:' 0 I 't1 o c: -I ........' c: "'I .... 1ft:J '0'1::1 iD 0I't1 C:'t1/1ll0'l 0 ... III III -I 1lI1.~.... .J:: aJ ~ if i'~if; aJ c: : ~ Ill:: ~Ift.~"" > .u 1ft1< oaJ.u -I o.c:: .i.Jl.,o~.u III III III 0 .,..., .!<~ ..:,:aJ.,.,e aJ ~ l., l.,~ ~ III .,., o ~ 0 0 0 o~ 8 .u ~.u year) 6. Planning & Zoning: A Update the City Comprehensive Plan ':\ B Update the City Subdivision Ordinance 3 C Enhance administrative procedures 3 D start an elderly housing project 1 E Complete the automation of property 3 records F Resolution of Rental Housing Code 1 7. Municipal. Building - city Hall: A Paint entryway area and other office 1 area, where necessary B Purchase and install cabinet doors for 3 office service counters 8. Protective Inspection: A Increase and enhance public information 3 through the development of at least two handouts relative to building codes B Draft an article for each newsletter 1 C Explore joint inspection possibilities 3 with adjoining communities D Computerize building permits and permit 3 tracking 9. city Engineer: A Keep construction project files up to 1 date and accurate B Provide construction budgets for 3 capital improvement programming and budgeting . C Communicate in written form to affected 3 residents at least two (2 ) times during a construction project. D Keep change orders at less than 5% of 1 original contract amount Kev: 1 = 1st Review (done in July) 2 = 2nd Review (done in October) 3 = Final Review (January of following year) i B ~ Ol C 10. Public Works Service: A Perform preventative maintenance on all 1 equipment within 100 miles or 10 hours of scheduled service B Have City personnel perform 90% of City 1 building repairs ad preventative maintenance 11- Streets & Roadways: A Develop a pavement management system to 3 aid in scheduling of street projects B Paint crosswalks and lane markings at 2 half the existing locations each year - creating a 2-year cycle (heavily traveled streets annually) C Sweep each City street at least once 1 annually D Mow roadsides at least twice annually 1 E Mow boulevards at least 6 times 1 annually F Visually inspect storm drainage grates 1 annually and repair as needed 12. Snow & Ice Removal: A Remove snow and ice and complete 1 salt/sand operations within 12 hours after the end of a snow event B Complete widening and clean up 1 functions within 48 hours of a snow event 13. Sanitation/Waste Rmv/Weeds: A Resolve all property cleanup complaints 1 B Resolve 100% of weed complaints 1 1. '. Kev: 1 1st Review (done in July) 2 2nd Review (done in October) 3 = Final Review (January of following year) ~ 0 ... '0 GI u GI .J( >. 01 .... c: ... ... '" GI .r:: <II,., .J( 0 ...: .... ..... GI <II... .Q u U "'I; 0 T;/ 1;,., .... ........ a. :; 0 .r:: OJ <II > .... u o <II ..... .Q o . 14. Tree Maintenance: A Remove 100% of diseased trees on public 1 property B Respond to all property owner requests 1 to identify diseased trees C Maintain and trim trees on City 1 property which present a hazard to public . 15. Parks << Recreation: A Resurface the Equivalent of one tennis 1 court per year B Build inventory of and replace 5 picnic 1 tables per year C Plant at least 10 trees per year 3 0 Identify excess park lands, if any, 1 which may be sold and reinvested in park development E Continue improvement of Silverwood Park 3 F Fully implement Park capital 3 Improvement Program by successfully undertaking a bond referendum 16. Water: A Supply a safe, clean uninterrupted I 3 source of water to all connections B Study the feasibility of 2 decommissioning Badger and Woodhaven wells C Explore possibility of interconnecting 3 with other communities 17. Sanitary Sewer: I A Work with MWCC to correct inflow and 3 infiltration into the sanitary sewer system B Work with MWCC to reduce sewage 3 treatment costs to the City _.. . I . .. 18. Recyc~iD.g : A Continue weekly pickup of recyclable 1 materials B Increase program participation through 3 use of incentives C Hold Curbside pickup of household and 1 I I I I yard wastes in the Spring of the year I 0 Provide a leaf and yard waste disposal I 3 I I I I site in Fall of the year CITY OF SHOREWOOD CITY COUNCIL ISSUE PRIORITY RATING March 10, 1993 Hiqhest Priority Groupinqs Exhibit 2B Time Involvement (1) Rating Pursue joint efforts with neighboring municipalities..... 5 Review contract for Excelsior Fire Contract Service...... 4 Resolve MWCC rate increase issue......................... 7 Implement Park Capital Improvement Plan.................. 4 Reconstruction of City Hall parking area..............~.. 4 Review of formula for Police service as requested by Excelsior.. ."........................................ .-L 28 Priority Ratinq 5 Priority Ratinq 4 R~~e~~i~~ie~~.~~:~~~.~~.~~:~~~~~:.~~:~~.:~.~~~........ Update Comprehensive Plan................... ...... ....... Decide on future of Badger and Woodhaven wells and Badger building..................................... Relocation of east liquor store..................:....... Develop a finance plan to address continuing cuts in state Aid............................................ Mid Ranqe Priority Groupinqs Priority Ratinq 4- Pursue various types of Senior Housing.................. Complete landscaping of Public Works facility........... C~u~~~~~a1;~~x~~g:~~:~~::.~~~~~~~:.:~~~~:.:~~~~~~::... priority Ratinq 3 Improve capital Improvement document.. ................. 3 ~SA designations and designs........................... 4 Request for South Shore Senior Center.................. 2 Special Assessment Ordinance for street reconstruction. 6 Consider feasibility of City Engineer position......... 3 18 (1) Range 1 = least time involvement to 10 = most time involvement (* ) Mandated 1 of 2 4 9 5 3 -L 23 4 2 9 15 City Council Issue Priority Rating - April, 1993 Page Two Third Ranqe Priority Groupinqs' Time Priority Ratinq 3- and 2+ Involvement (1) Ratinq Consider contracting for municipal garbage service..... 6 Consider establishing a bonus pay system............... 4 Improve new operating budget format.................... 4 Revise Planning and Park Commission ordinance.......... 2 Park land inventory.................................... 1 Review paramedic response.............................. 1 Personnel policy on harassment......................... 3 21 . Priority Ratinq 2 and 1 Improve disaster preparedness......................... 4 Acquisition of MSA right-of-way....................... 6 Consider a snow emergency parking ban ordinance....... 1 *Update Flood Plain Regulations....................... 7 18 (1) Range 1 = least time involvement to 10 = most time involvement ( *) Manda ted . 2 of 2 ( al:prioritz..93) . . Exhibit 3 Kev: 1 = 1st Review (done in July) 2 = 2nd Review (done in October) 3 = Final Review (January of following year) CITY OBJECT:IVES FOR THE YEAR DATE: JANUARY 1994 1- Hayor & Council: A Televise all City Council meetings B Inform citizens through quarterly City newsletters C Identify and address zoning issues for specific sites for senior housing projects D Meet with Cooperative services study Task Force semi-annually E Undertake a meaningful goal setting session during the first 60 days of 1994 2. Administrator: A Complete annual citizens satisfaction survey B Update comparable worth pay plan C Take a leadership role in intergovernmental cooperative efforts in the Lake Minnetonka area D Review City objectives in July, October and at the end of the year E Introduce a merit element to the City'S pay plan system 3. General Government: A Index City records, including retention schedule B Microfilm City records from 1990 through 1993 C Update personnel records for all City employees 1994 Objectives Page 2 General Government - Cont. 0 Take over maintenance and updating of City Code book in-house Maintain or improve on high survey "helpfulness" rating of City office staff (89% helpful to very helpful) Maintain or improve on high citizen "excellent/good" rating on "overall service" (87%) "courteousness/professionalism" of staff (86%) 4. Finance: A Prepare annual budget document and submit to GFOA Distinguished Budget Award Program year B Prepare CAFR for submittal to GFOA Certificate of Excellence Program C Provide monthly reports to staff, quarterly reports to Council 0 Implement Capital Improvement Annual Budget format E Create computerized data base for General Fixed Asset records F Review debt issues and make recommendations on debt structure G Become active in one ,or more of Joint Cities Coordination Program committees H Investigate alternative financing sources to reduce property tax burden 5. Professional Services: A Contain costs on contracted professional services B Attempt to utilize mediation services to avoid litigation . . 1994 Objectives Page 3 Professional Services - Cont. C Develop a statement on documents committing applicants to submit to mediation services D Increase helpfulness rating of City Assessor (70% helpful to very helpful) E Increase citizen excellent/good rating on overall service (74%) and courteousness/professionalism of staff (83%) A Planning & Zoning: Hold public meetings on draft Comprehensive Plan and adopt B Provide adequate staff support to Senior Housing Task Force 6. . C Update City Subdivision Code D Establish an action plan to implement Comprehensive Plan E Begin work on a short-term implementation plan F Complete the automation of property records G Complete implementation of Rental Housing Code . H Increase citizen excellent/good rating on overall service (68%) and courteousness/professionalism of staff (73%) 7. Municipal Building - City Hall: A Paint remaining City Hall offices B Paint/stain deck C Improve City Hall landscaping D Install smoke detectors in City Hall 1994 Objectives Page 4 8. Police: A Complete review of police funding formula B Maintain high helpfulness rating of police personnel (90% helpful to very helpful) C Maintain or improve on high excellent rating on overall service (88%), response time (93%) , courteousness/professionalism (88%), and crime prevention programs (90%) D Maintain or improve on "feeling of safety on my neighborhood" (satisfied to very satisfied - 88%) 9. Fire Protection: A Maintain helpfulness rating of fire personnel (99% helpful to very helpful) B Maintain or improve on high excellent/good rating on overall service (97%), response time (94%), courteousness/professionalism (97%) and inspection and fire prevention programs (94%) 10. Protective Inspection: A Increase and enhance public information through the development of at least two additional handouts relative to building codes (Total of 4) B Draft an article for each City newsletter C Explore joint inspection possibilities with adjoining communities D Implement automated permit tracking system E Increase helpfulness ratings of building inspector (68% helpful to very helpful) F Increase helpfulness ratings of animal control personnel (49% helpful to very helpful) . . . . 1994 Objectives Page 5 Protective Services - Cont. G Increase citizen excellent/good rating on overall service (74%) and courteousness/professionalism (73%) of inspection staff H Increase City excellent/good rating on overall service of animal control personnel (41%) 11. City Engineer: A Produce a readable map of the City for public distribution B Complete an inventory of right-of-way needs on collector street system C Keep construction project files up-to- date and accurate D Communicate in written form to affected residents at least two (2) times during a construction project E Keep change orders at less than 5% of original contract amount 12. Public Works Service: A Perform preventative maintenance on all equipment within 100 miles or 10 hours of scheduled service B Perform 90% of City building repairs and preventative maintenance using City personnel C Maintain or improve on helpfulness rating of Public Works personnel (81% helpful to very helpful) 13. Streets & Roadways: A Develop a pavement management system to aid in scheduling of street projects B Paint lane markings on all designated streets C Sweep each City street at least once annually 1994 Objectives Page 6 streets & Roadways - Cont.: D Mow roadsides at least twice annually E Mow boulevards at least 6 times annually F Visually inspect storm drainage grates annually and repair as needed G Increase satisfaction rating on condition of streets (my street 55%; streets in general 60%) H Maintain or improve satisfaction level on cleanliness of streets (75%) I Increase citizen excellent/good service rating on street maintenance (59%) 14. Snow & Ice Removal: A Remove snow and ice and complete salt/sand operations within 12 hours after the end of a snow event B Complete widening and clean up functions within 48 hours of a snow event C Maintain or improve on high citizen excellent/good service rating on snow removal (88%) 15. Traffic Control/Street Lights: A Perform a cost efficiency study of street lighting system 16. Sanitation/Waste Rmv/Weeds: A Resolve all property cleanup complaints B Resolve 100% of weed complaints 17. Tree Maintenance: A Remove 100% of diseased trees on public property B Respond to all property owner requests to identify diseased trees C Maintain and trim trees on City property which present a hazard to public . . . . 1994 Objectives Page 7 18. Parks & Recrea'tion: A Install/replace playground equipment in two (2) additional parks each year in 1994 and 1995 B Make new playground equipment handicap accessible C Implement mechanism to assist in funding park maintenance and improvements D Provide off-street parking for Cathcart Park E Coordinate scheduling of fields with Minnetonka Community Services F Add and/or replace 5 picnic tables per year G Plant at least 10 trees per year 19. Wa'ter: A Supply a safe, clean uninterrupted source of water to all connections B study the feasibility of decommissioning Badger and Woodhaven wells C Explore possibility of interconnecting with other communities 20. Sani'tary Sewer: A Work with MWCC to correct inflow and infiltration into the sanitary sewer system B Work with MWCC to reduce sewage treatment costs to the City 21. Recyc~ing: A continue weekly pickup of recyclable materials B Increase program participation through use of incentives C Hold Curbside pickup of household and yard wastes in the Spring of the year . . . . . . . . . . . . . . Exhibit 4 ISSUES FACING THE CITY FOR THE CITY COUNCIL TO PRIORITIZE Pursue joint efforts with neighboring municipalities; Resolve MWCC rate increase issue; Review policies on municipal water, including extending water to new developments and a water system analysis; Relocation of liquor store; Assist in making senior housing available; Consideration of a South Shore Senior Center; Finalization of a special assessment ordinance for street reconstruction; Reconsider feasibility of engineering position; Address lake access on the west side of the City; Consider contracting for municipal garbage service; Revise Planning Commission ordinance; Development and maintenance of Shorewood's parks through a foundation; . Address the question of additional land vs. lighting softball fields at Freeman Park; . Complete negotiations for a new 2 year AFSCME agreement; . Continue the effort to reduce regional transit levy on Shorewood; . . . . SOUTH LAKE MINNETONKA PUBUC SAFElY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A YOUNG Chief of Police (612) 474-3261 HEHORAIIJ211B To: Shorewood City Council Chief Richard A. YOU~ December 10, 19930 From: Date: Subject: Part Time Traffic Enforcement Specialist . At our meeting of November 30, 1993 you asked me to come up with some costs for hiring a part time traffic enforcement specialist to strictly work traffic complaint areas in the City of Shorewood. At this time my best estimate for such a position is $12,000 annually based on 19 hours per week. I am proposing a part time pay schedule as follows: o - 6 months 6 months - 1 year 1 year - 2 years 2 years - 3 years 3 years - $8.50/hr $8.74/hr $8.86/hr $9.22/hr $9.58/hr This is a blend of our current full time and part time salary structures. It includes no benefits or other costs. The part time base of 19 hours was done because at 20 hours per week we are required to offer single health insurance totally at our cost. This would add $1,896 to $2,244 annually, based on 1994 rates, . depending on which plan the employee selected. Mandated costs to be added to the above rates are: P.E.R.A. Medicaid Workers Compo 11.4% 1. 45% 4.0% The Coordinating Committee requires an additional 5% on the total to cover costs such as the automobile, gasoline and clerical support. Additional costs at start-up would be the costs of hiring including medical and psychological exams. Once hired, there will be start-up costs for uniforms and field officer training. The department has a forfeited weapon the employee could use if they did not have one of their own. Once employed the recurring costs, other than wage related, would be extremely minor for such items as uniform replacement. However, the employee would not be able to work at their primary tasks 19 hours per week. In order to maintain their peace officer license, they would have to attend 16 hours of P.O.S.T. approved training per year, some of which must be in specified areas. This is really \ dtIJ0 Serving South Lake Minnetonka Communities of E:a:elsior, Greenwood, Shorewood and Tanka Bay no problem as all of our officers must do this. The employee would also have to meet our firearms training requirements which take about eight hours per year. These "costs" would not be monetary, but rather taken out of the available 19 hours per week. Therefore, of a possible 988 hours per year, the employee would have to spend at least 24 hours in training. The only other item which would reduce the time available for traffic enforcement would be court appearances. There is no way to accurately predict what this might be. However, if there was a lot, it would also mean the employee was doing a lot of work. Given all of the above, I estimate the costs to run about $12,000 per year which includes all start up and recurring costs. Obviously, as the years go by, this will increase in proportion to the normal annual wage increases. At this time I have not talked to the union about the possibility of this position becoming a reality. Their contract could require . us to go to arbitration on the issue as to whether or not this position should be included in the bargaining unit. Even if that happened, costs would be a bargainable issue. If the costs then turned out to be too high, the position could be eliminated immediately. If the City of Shorewood would like to further consider the creation of this position now that the costs are known, I will contact the union to discuss their position. If created, I would propose to work the employee in the neighborhood problem areas as defined by the City of Shorewood or by complaints this office receives. A sample of how I would see the position being scheduled is shown below for one week. Monday 0600 - 0900 1600 - 1800 0600 - 0800 1400 - 1700 1600 - 1900 0600 - 0900 1500 - 1800 Cajed & Beverly Shorewood Oaks Near Mountain Blvd. Vine Hill Cajed & Beverly Old Market Road Excelsior Blvd. Speed/stop sign Speed/stop signs Stop sign Speed Speed/stop sign Speed Speed . Tuesday Wednesday Thursday Friday This is just an example. Because I think the main problems are with weekday traffic during the daily rush hours, most of the time the employee would have weekends off. However, they could be scheduled for weekends or at different times based upon the complaints received. I would propose preparing a monthly schedule for the employee which would be sent to the City of Shorewood for their information and input. The schedule would be tentative and could be changed based on complaints received by the city or this office during the month. I would also propose preparing a quarterly report to the City of Shorewood showing the citations and warnings issued by the employee by date, time, offense and location. ~.'~ ... . /.: .... ~ ,.:. . . The City of Shorewood could look at reducing the hours for the position to save costs, but the fixed costs would remain the same and, therefore, increase in percentage of total costs. It also might make it more difficult to fill the position. Less time might also reduce the intended effectiveness of the position. I would expect to have no trouble filling such a position. However, to be up front with the city, I would expect to have a relatively high rate of turnover in the position. I would expect the position to be filled by someone breaking into law enforcement who would leave when another full time law enforcement position was offered to them. This would keep the position on the low end of the salary scale but any savings would be lost with new initial costs. All in all, I would expect the costs to remain stable at the $12,000 figure, as adjusted for normal annual inflationary increases. I really think this is the best answer to the traffic complaints received by the city. Such a position would be required to dedicate all of their time to this single endeavor. Please let me know if you have any questions or require further information. I will respond promptly. I look forward to working with you to provide the best law enforcement services possible to the citizens of Shorewood. . . TO: Mayor & city council If FROM: James C. Hurm, City Administrator DATE: January 5, 1994 RE: Technology Review The City has set aside $13,500 for a property records system which the company we contracted with has not been able to produce. This is likely to end up to our advantage. We would like to combine these funds with $600 that had been set aside for desk top publishing to re-evaluate our computer/technology systems. with recent changes we feel we can do a lot more with this money than we could have 2 years ago. The plan is to enter into an agreement as described in Teri's memo and outlined in Mr. Hartley's letter to analyze our information systems and layout a plan to better utilize technology and train our personnel. Mr. Hartley is a "technology manager". He does not sell products. He will help us utilize our system to its fullest without undertaking major expenditures. The action requested is to authorize the described expenditure not to exceed $2,730. The plan then would be reported back to the Council. The total expenditure for updates in 1994 would not exceed the $14,100 already budgeted. JH/tln i~ Jt TO: James C. Hurm, City Administrator FROM: Teri Naab, Deputy Clerk \ 1LtJ DATE: December 27, 1993 RE: Informational Systems In an on-going effort to capitalize on existing human resources and technology certain needs have been identified. Although the existing computer system is adequate in areas, it does not address all current and future needs of the city. Staff has identified areas which need to be upgraded or expanded upon (i.e. property data system; desktop publishing; and networking for inter-office communication) . Because of limited staff time and knowledge regarding the ever expanding technological field, staff has explored the option of contracting with a consultant to help identify needs and potential. . Dave Hartley of Hartley Associates has orchestrated the implementation of Chanhassen's computer system, which members of the Shorewood staff have reviewed. Mr. Hartley is a former City Administrator with a strong technical background. We have asked him to review our organization and propose a plan to address current and future needs. Mr. Hartley has submitted an outline for the beginning of a strategic plan for managing technology with respect to our informational system. In his report he outlines the initial process of reviewing current human resources and equipment available. He indicates that during the initial process, he would evaluate our entire system and organization and identify equipment and training needs to make our office the most efficient at the current staff level. The strategic plan that is proposed would be a 2-5 year plan, which ~ would also identify ways to keep staff and equipment updated through a maintenance process. Hartley Associates Technology Managers 716 Main Street, Elk River, Minnesota 55330 Phone (612) 241-9151 FAX 241-9159 November 30,1993 Ms Teri Naab, Office Manager City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Ms. Naab: . I appreciate the opportunity to submit this proposal for an analysis of the Shorewood information system and recommendation for future use of technology in the City of Shorewood. As the City of Shorewood contemplates ways to better use its data processing capabilities it is our intent to aid in the decision making process by providing management advice and industry relevant technical insights. Hartley Associates is a professional management consulting business and does not sell either hardware or software. Our mission is to provide guidance and technical services to our clients; thereby enabling our clients to maximize the benefits of current day technology without any profit driven bias. As we discussed, the process of managing an information system can consist of several phases; the first being the "Analysis". We will be available to provide other services related to the management of technology, however, the scope of this proposal is to evaluate your information system and provide sound advice. The attached description of services represents our understanding of the desire of the City of Shorewood to evaluate the existing information system needs. . We have found you and the Shorewood staff to be very friendly and capable in your respective roks and look forward to working with you and your colleagues. Sincerely, Hartley Associates #AML KIi David R. Hartley Management Consultant ILl p, 1.;..-1 Information System Analysis The following outline defines the scope of the Analysis of Shorewood's Information Systems. Data Availability Identify Resources. Determine the availability of data within the City of Shorewood and other organizations. Catalog existing data and evaluate the quality or accuracy of data. Inventory data processing equipment currently used by staff. Identify any existing plans for expansion of data processing equipment or uses. Data Processing Equipment Human Resources Interview current users of data processing equipment to determine the levels of knowledge and aptitude for utilizing the information system. Evaluate staff time available to implement future plans. Identify possible funding sources and evaluate impact. . Funding Evaluate The Information System Analyze Software Needs Evaluate the features and capabilities of currently used software and identify ways to better utilize existing resources as well as future needs. Evaluate Hardware Evaluate the features and capabilities of the hardware and determine if the equipment can be modified to meet the current and future needs of Shorewood. Identify peripherals needed to effectively utilize the systems being reviewed. Support and Training Determine the availability of training and support for software and equipment. List areas where additional training would be beneficial. . Recommendation A final report will be prepared that is intended to guide the City of Shorewood as it refmes its Information System to deliver optimum performance with a reasonable investment of financial and human resources. Cost & Billing Fees for Professional Services. This work effort as defined above is estimated to require 42 hours @ $65.00 per hour or $2,730.00. Non labor direct expenses will be billed at cost. Hartley Associates Technology Managers December 17, 1993 Minnetonka ~ Public Schools ~~ Learning Today for Leading Tomorrow To: Howard F. Bennis Mayor-elect, City of Deephaven John E. Anderson Mayor, City of Excelsior Barbara Brancel Mayor, City of Shorewood From: L.H. Haug Mayor, City of TOlay r\ rl\.../ Don Draayer 'tjOV j.JJ. ' Superintendent of Schools . Dear City Mayors: Yesterday your letter of December 10, 1993 was given to School Board members in their board packet prior to the time they started their second public hearing relative to tax levies for the 1994-95 school year. No citizens elected to speak from the floor at this particular hearing; however, your letter was duly noted in the discussion by board members. As board members discussed the levy for the school district, a number of points were made prior . to [mal passage of a resolution on a 6-1 vote. The referendum dollar amount for 1994-95 will be exactly the same as 1993-94-- no increase. In fact, with the prospect of 4 percent additional students the actual amount on a per pupil basis is less. The increase in tax levy required by the state is obviously set in St. Paul rather than at the local level. The additional dollars raised thereby will be felt by local taxpayers but that does not mean additional revenues flow to our local schools. The state simply reduces the amount of state aid by the exact same amount as raised by the additional property taxes. The bottom line is that the amount of money we will have for each student for 1994-95 will be no greater than we had in 1993-94. (We are authorized some additional dollars because we have more students in 1994-95 than 1993-94 but those additional funds are needed to cover the cost of teaching these students and meeting some of our expenses which continue to climb.) ftl18 Donald R. Draa}'er, Ed. D., Superintendent 261 School Avenue, Excelsior, Minnesota 55331 (612) 470-3404 FAX (612) 470-3432 The bottom line is that the tax rate for the levies will be 2.82 percent ;higher in 1994-95 than in 1993-94. Ironically we will have no additional money on a per student basis as a result 'of this increase. The school board has discussed informally the merits of meeting some time in the future with representatives from your four councils to discuss any number of subjects. School buildings are located in three of your four municipalities and there is ongoing, staff level communication between the city and school district. It might be well to develop a personal acquaintanceship with the policy makers who guide and direct the actions of these staff persons. Furthermore, it might be beneficial to share ongoing projects that are going on within our larger community such as the study that is just now beginning regarding space limitations at our high school. Any number of topics like this might be appropriate agenda items. Would you please consider the desirability and feasibility of such a meeting? Perhaps we could gather together for a box supper at 6:00 p.m. and conclude by 8:30 p.m., meeting in one of the schools located on the west side of our district: Deephaven Elementary; Excelsior Elementary; Minnewashta Elementary or Minnetonka Middle School West. . cc: Minnetonka Board of Education DRD:pls . '~ ;, CHECK APPROVAL LISTING FOR JANUARY 10, 1994 COUNCIL MEETING AMOUNT CK NO TO WHOM ISSUED CHECKS ISSUED SINCE DECEMBER 8, 1993 12823 12824 12825 12826 12827 12828 12829 12830 12831 12832 12833 12834 12835 12836 J,.~~837 "~838 12839 12840 12841 12842 12843 12844 12845 12846 12847 12848 12849 12850 12851 12852 ,"l.~853 ,~,9~854 12855 12856 12857 12858 12859 12860 12861 12862 12863 12864 12865 12866 12867 12868 12869 12870 12871 12872 12873 (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) US postmaster Airsignal, Inc. Champion Auto Store Finaserve, Inc. GHT Construction, Inc. James Hurm Intntl Assc-Pl/Mec Offic Cellular Telephone Co. Minnegasco, Inc. Northern States Power Kenneth Potts US West WMI svcs of Mn Billy's Lighthouse Carson's Bellboy Corporation Boyd Houser Candy/Tobac Griggs, Cooper and Co. Johnson Brothers Liquor Ed Phillips and Sons Quality wine/Spirits Thorpe Distributing The victoria Gazette Bradley Nielsen Wendy Davis James Hurm city cty Credit Union Phil Tipka Mike Malm Joseph Pazandak Metro Area Mgmt Assc Glen Rd Ltd Partnership US postmaster Hamline Un iv-Grad Schl First State Bank Commiss of Revenue pera ICMA Retirement Trust AFSCME Local #224 Child Support Enfrcmt Anoka cty supt/Collctn Day-Timers, Inc. KAR Products Metro Waste Control Metro West Inspections Cellular Telephone Co. Mn Sun publications Navarre True Value Bradley Nielsen Northern States Power st Alban's Bay Boathouse CONTINUED NEXT PAGE PURPOSE Sump pump mailing postage Beeper services Shop supplies Gasoline purchases paYment voucher 2 & final Mileage 1994 dues-Pazandak Cellular phone air time utilities utilities-street lights Nov prosecutions Telephone svcs Waste removal D Randall certificate D Randall certificate Liquor purchases Misc and supplies purchases Liquor,wine,misc purchases Wine purchases Liquor and wine purchases Liquor and wine purchases Beer and misc purchases Advertising Sec 125 reimbursement Sec 125 reimbursement Sec 125 reimbursement payroll deductions Sump pump inspections Sump pump inspections Mileage Lunch mtg-Hurm/Naab Release of escrow Sump pump mailing postage Registration-Hurm Payroll deductions Payroll deductions payroll deductions payroll deductions payroll deductions' payroll deductions payroll deductions council office supplies Shop supplies Nov SAC charges prot inspections Cellular phone air time Publishing Maint supplies Mileage/supplies utilities Holiday party -1- 35.14 9.58 21.21 267.70 2,872.00 47.88 50.00 41.21 1,136.77 2,029.04 1,458.33 749.22 258.00 50.00 150.00 1,533.84 1,694.13 4,818.07 2,379.17 2,722.11 878.42 14,894.45 40.00 140.00 140.00 688.20 280.00 1,019.20 2,038.40 102.03 30.00 7,500.00 64.35 797.00 6,385.48 1,103.72 2,126.51 641. 57 134.40 92.50 167.33 35.74 182.98 7,425.00 140.00 11. 83 76.76 164.86 317.22 1,925.90 641.15 CHECK APPROVAL LISTING FOR JANUARY 10, 1994 COUNCIL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR DECEMBER 28, 1993 PAYROLL 207973 (G) Howard Stark 80.0 reg hours 688.23 207974 (G) Dennis Johnson 80.0 reg hours 816.51 207976 Void 207977 (L) Scott Bartlett 12.0 reg hours 70.93 207978 (G) Charles Davis 80.0 reg hours 601.41 207979 (G) Wendy Davis 80.0 reg hours 758.95 207980 (G) Harold Dircks 101. 58 207981 (L) John Fruth 3.0 reg hours 17.73 207982 (G) Alan Haskins 6.5 reg hours 30.01 207983 (G) Patricia Helgesen 80.0 reg hours 632.13 207984 (L) Shawn Hempel 59.5 reg hours 282.66 207985 (G) James Hurm 80.0 reg hours 1,397.82 207986 (L) Brian Jakel 42.0 reg hours 219.23 207987 (L) Loren Jones 28.75 reg hours 142.71 207988 (L) Martin Jones 22.25 reg hours 111.5~ 207989 (L) William Josephson 80.0 reg hours 630.22 207990 (L) Mark Karsten 30.0 reg hours 166.47 207991 (L) Sandra Klomps 16.75 reg hours 89.72 207992 (G) Mary Knopik 66.0 reg hours 326.86 207993 (G) Douglas Koerting 8.0 reg hours 42.48 207994 (L) Susan Latterner 18.5 reg hours 104.33 207995 (G) Colleen Lindskoog 25.5 reg hours 165.85 207996 (G) Joseph Lugowski 80.0 reg hours 776.68 207997 (L) Russell Marron 34.5 reg hours 196.08 207998 (G) Thomas McKinney 2.0 reg hours 10.62 207999 (G) Theresa Naab 80.0 reg hours 665.78 208000 (G) Lawrence Niccum 80.0 reg hours-2.25 ot 878.73 208001 (G) Bradley Nielsen 80.0 reg hours 952.59 208002 (G) Joseph Pazandak 80.0 reg hours 1,032.80 208003 (G) Daniel Randall 80.0 reg hours 808.28 208004 (G) Alan Rolek 80.0 reg hours 1 , 224 . 39",. 208005 (L) Brian Rosenberger 38.75 reg hours 195.0~ 208006 (L) Christopher Schmid 80.0 reg hours 451.79 208007 (G) Beverly Von Feldt 72.0 reg hours 552.26 208008 (G) Ralph Wehle 80.0 reg hours 656.50 208009 (L) Dean Young 80.0 reg hours 639.86 208010 (G) Donald Zdrazil 80.0 reg hours 1,189.46 207975 (G) Dennis Johnson 80.0 vac pay 771. 81 TOTAL GENERAL 15,081. 73 TOTAL LIQUOR 3,318.32 TOTAL PAYROLL 18,400.05 I -6- 'II CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, DECEMBER 7, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Borkon, Malam, Pisula and Turgeon; Planning Director Nielsen. Absent: Commissioner Foust. APPROVAL OF MINUTES Borkon moved, Bean seconded to approve the minutes of the Commission's November 16, 1993 meeting amended by adding as sentence 2, to paragraph 5, page 3: Borkon suggested that residents should have some mechanism to enable them to maintain their oresent collection svstem if they orefer. until some time (designated by the City) when they would have to switch over. such as when they move. (new material underscored) Motion passed 6/0. 1. 7:00 PUBLIC HEARING - C.U.P. - ACCESSORY SPACE IN EXCESS OF 1200 Sa.FT. Aoolicant: Location: Ron Lind 26400 Strawberry Court Chair Rosenberger announced the case and outlined the procedures for a public hearing. Nielsen reviewed the background of Mr. Lind's request for a conditional use permit in connection with construction of a new home at 26400 Strawberry Court. The home includes a large three-car garage containing 1361 square feet of area. Since the garage exceeds 1200 square feet, a C.U.P. is required pursuant to the City Code. The property, zoned R-1A, contains 40,140 square feet of area. The proposed house is one story high and will contain 1857 square feet of area. Nielsen explained how the applicant's request complies with the Code's four specific criteria for allowing space over 1200 square feet: a. the amount of accessory space (1361 sq. ft.) does not exceed the floor area above grade of the principal building 1 It PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 2 (1857 sq.ft.); b. total area of accessory space does not exceed 10% of the minimum lot size for the R-1 A zoning district; c. the new house and garage comply with the setback requirements ofthe zoning district (50' setbacks on both Strawberry Lane and Strawberry Court); and d. since the garage is attached and integral to the house, the architecture and building materials are consistent with the house and the area in which it is located. Nielsen noted the house is currently under construction. He indicated that although the building plans include an interior separation wall for a workshop area and a doorway into the house, the applicant may not construct the interior wall and will not connect the shop to the house with a doorway. Nielsen stated the applicant's request is consistent with Shorewood's zoning regulations and recommended granting of the C.U.P. as proposed. Mr. Lind stated the exterior of the home fits into the area and clarified the 161 square foot workshop area toward the back of the home will be used for personal hobby space. Chair Rosenberger opened and closed the public hearing at 7:11 p.m., there being no comments from the public. Bean inquired whether the project is in compliance if the interior wall is not constructed. Nielsen stated the applicant desires flexibility to decide whether the wall and doorway are constructed. Pisula moved, Borkon seconded to recommend to the Council that it approve the request of Mr. Ron Lind for a C.U.P. for Accessory Space in Excess of 1200 Square Feet at 26400 Strawberry Court. Motion passed 6/0. The recommendation will be considered by the Council at its December 13 meeting. 2. 7:15 PUBLIC HEARING - C.U.P. - ACCESSORY SPACE IN EXCESS OF 1200 sa.FT. Aoolicant: Location: Dean Spatz 28235 Boulder Circle Rosenberger announced the case and reviewed the procedures for a public hearing. Nielsen reviewed the background to Mr. Spatz' request for a conditional use permit - for accessory space in excess of 1200 square feet and a conditional use permit for fill in excess of 100 cubic yards at 28235 Boulder Circle. Extensive remodeling of the existing house includes addition of an attached four-stall garage which combined with two existing accessory buildings amounts to 1378 square feet of accessory space making the total accessory area in excess of the 1 200 square feet allowed in the R-1 A 2 ... PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 3 zoning district. The remodeling includes site improvements to relocate the existing driveway and site grading to correct existing drainage problems. The amount of fill proposed to be brought in exceeds 100 cubic yards which requires a second C.U.P. Nielsen explained how the applicant's request complies with the Code's criteria allowing accessory space to exceed 1200 square feet of area: a. total area of accessory space (1378 sq.ft.) does not exceed the floor area above grade of the existing house (main floor is 4570 sq.ft.); b. area of accessory space does not exceed 10% of the minimum lot size for the R-1 A zoning district; c. although the proposed structure complies with zoning setback requirements, the existing utility buildings do not; therefore the small shed will be removed and the larger shed will be moved to comply with front and side yard setback requirements; d. architecture of the existing accessory building and the proposed addition are consistent with the existing home. Nielsen pointed out the applicant's plans have been modified to comply with the maximum 25 % lot coverage requirement for the Shoreland District. Proposed lot coverage is 24.47%. Nielsen stated site grading directs drainage to the north side of the home. The City Engineer recommends that a drainage pipe be installed to provide a positive outlet from the low area to the lake; plans show a 4" overflow pipe extending toward the lake. Nielsen noted that construction of the addition has begun. The applicants were required to post a cash escrow to guarantee that the existing utility building will be moved or removed. Nielsen stated the applicant's request is consistent with City Code requirements and recommended approval of the C.U.P for accessory space and for fill in excess of 100 cubic yards subject to the following: 1. small utility shed must be removed. 2. larger shed must be moved to comply with setback requirements. 3. site grading shall comply with the City Engineer's recommendations. 4. these items shall be completed by June 1, 1994. Mr. Spatz stated the low areas on the property have been a problem over the years and that his neighbor intends to participate in some of the drainage improvement activity. He explained the smaller accessory building will be removed and the other will be moved to a location complying with the setback requirements. Chair Rosenberger opened and closed the public hearing at 7:22 p.m., there being no comments from the public. Bean requested clarification the Engineer's position on the drainage issues. Nielsen stated that about 300 cubic yards of fill will be required primarily to accommodate relocation of the driveway and construction of a turnaround area in front of the garage. This is not expected to impact the drainage. Grading for the low depression along the north side of the house will improve the existing situation. Bean inquired what will be draining directly into the lake. Nielsen stated this is not hard cover, but a large grassy area, and is considered an overflow area. 3 PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 4 Borkon requested clarification of the location of the neighbor's participation in drainage improvement. Mr. Spatz indicated the joint improvements are planned on the north side of the house and explained that rock will be placed to filter the water flowing to the lake and fill will be used to increase elevation in the area. Rosenberger inquired why construction has begun on this project and the one previously considered without the proper approvals. Nielsen stated that both plans were basically in compliance with Code requirements, escrow funds were posted in one case, and occupancy certificates would be withheld if recommendations and compliance were not agreed upon. Borkon moved, Malam seconded to recommend to the Council that it approve the request of Dean Spatz for a C.U.P. for Accessory Space in Excess of 1200 square feet and a C.U.P. for Fill in Excess of 100 Cubic Yards at 28235 Boulder Circle, subject to the recommendations of the staff. Motion passed 6/0. The Council will consider the recommendation at its December 13 meeting. 3. 7:30 PUBLIC HEARING - SIMPLE SUBDIVISION/LOT AREA VARIANCE Aoolicant: Location: Gregory Erickson 5920 Howards Point Road Chair Rosenberger announced the case and outlined the procedures for a public hearing. Rosenberger acknowledged receipt of a letter dated December 7, 1993 from Mr. David L. McCuskey, 5250 Howards Point Road, Shorewood, received via fax at 5:24 p.m., December 7, regarding this application. Nielsen reviewed the background to Mr. Erickson's request to subdivide his property into two lots at 5290 Howards Point Road. The property is zoned R-1A/S and according to the current survey contains 80,536 square feet. The proposed lots contain 35,456 square feet and 45,080 square feet of area. The northerly lot has approximately 130' along the lake side setback line and 170' of frontage on Howards Pomt Road. The southerly parcel has 118' at the lakeshore setback and 243' of frontage on Howards Point Road. Nielsen stated the applicant initially proposed a division which technically complied with all zoning requirements. He pointed out, however, that in order to keep the two lots the same size, that plan included a gerrymandered lot line between the lots. This would have resulted in two lots with odd configurations making the side yard setbacks between the two lots meaningless. Staff suggested the center lot line be straightened out and made perpendicular with the shoreline of the lake. This will also reduce the angle of the lot line to Howards Point Road. This plan was accepted by the applicant 4 PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 5 and requires a lot area variance. Nielsen recommended approval of the subdivision/lot area variance. Nielsen stated that since his report was written, it has been brought to his attention by Mr. McCuskey that a discrepancy exists between the June 1990 survey and the new survey. The 1990 survey shows a total parcel area of 78,610 square feet measured to the 929.4 contour. In April 1993, a permit was obtained from the Watershed District to riprap the lakeshore of the property and to extend the rip rapping up to 5' into the lake below the 929.4 contour. The current survey, prepared after completion of the project, shows a total area measured to the 929.4 contour of 80,536 square feet. Nielsen stated that according to the City Attorney, the current certified survey should be used by the City in considering this application. Mr. McCuskey takes issue with the ability to alter the shoreline to create additional land and suggests the Watershed District be contacted to determine whether the project was completed according to its permit specifications. Nielsen stated that if the subdivision is approved a number of conditions are attached and until the area discrepancy was brought up, the subdivision appeared to be uncomplicated. Mr. Greg Erickson stated he was available to answer questions, that a copy of the Watershed District permit has been submitted to the City and that the wall was constructed according to the plans. Chair Rosenberger opened the public hearing at 7:40 p.m. Mr. Jeff Carroll, Erickson's attorney, requested a copy of Mr. McCuskey's letter. Mr. David McCuskey stated that in the course of the riprapping, the square footage of the lot was expanded by approximately 2,000 square feet. He noted that according to Erickson, the Watershed District approved a 5' extension at the high water mark. McCuskey stated this was not true, and that calculations show that even if the permit had allowed the riprapping to be at or above the 929.4 contour, it would not have afforded enough surface area at that contour to cause the total area of the property to equal at least 80,000 square feet, which is the minimum size required for a subdivision to occur without a variance. McCuskey questioned whether the completed project complied with the permit. He stated it is inappropriate for the City to reward abuse by allowing the subdivision and inappropriate for the City to take the surface area of riprapping (which is a pile of loose rock) into account in calculating lot size as it is no more a part of the lot than a dock would be. Mr. Tom Wartman stated that on behalf of Mr. and Mrs. Erickson, the property has been marketed as a single use site with the existing home to be remodeled or torn down. However, that has not been successful. It was suggested that the shoreline be stabilized and to further beautify the property for continued marketing as a single site. He described the project which cost more than $40,000 as allowed under the Watershed permit. Workman stated the property has not sold as a single site, therefore, subdivision of the lot is requested. He pointed out that of the 12 lots on Howards Lake Point, 6 lots are in excess of 40,000 square feet, but 6 are less than 5 PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 6 that size. The single family home will be removed and the subdivided properties will be placed on the market. Chair Rosenberger closed the public hearing at 7:48 p.m. Nielsen reiterated the staff suggestion designed to avoid the gerrymanderea lot line initially proposed by the applicant. He stated the applicant's original proposal would not have required a variance. However, consistent with the City's policy to avoid gerrymandered lot lines, the suggestion, accepted by the applicant, while straightening out the lot lines results in one lot containing less than the 40,000 square feet required by the zoning ordinance and therefore requires a lot size variance. Bean suggested it may be appropriate to continue consideration of the application in order that the City Attorney may further review the permits and the definition of lot to get a definitive opinion as to the size of the lot. Turgeon suggested further information be obtained from the DNR and the Watershed District. Borkon inquired as to the date of the Watershed District permit. The date is April 22, 1993. Pisula agreed with Bean's suggestion and inquired whether a similar situation has arisen in the past. Nielsen responded that a similar situation has not arisen before. Malam stated the issue was clearly one of making a determination on the variance for the lot which is less than 40,000 square feet and as pointed out, other lots in the area are less than the zoning district requirement. Bean stated the other smaller lots likely existed prior to the zoning requirement. He stated the question is whether the property has 80,000 square feet and is subdividable. Malam stated that regardless of the total square footage, one of the proposed lots will require a variance. Rosenberger supported the plan to avoid gerrymandered lot lines and agreed with Malam's view that the issue is ultimately one of lot size variance. Bean reiterated that the fundamental question is whether the property is subdividable and questioned the City's exposure should it be subsequently determined the lot is less than 80,000 square feet. Borkon agreed with Bean's position and stated the legal ramifications regarding the size of the property should be resolved before consideration of a variance. Nielsen stated that if the original proposal had not had the gerrymandered lot line, the application would have been processed as a simple subdivision and the discrepancy between the two surveys would not have likely been brought to the City's attention. Nielsen stated the ordinance does not prohibit gerrymandered lot lines, however from a planning standpoint, some authority is provided to control such lines. Malam stated the Commission has set a precedent to generally reject gerrymandered lot lines and reiterated that the question remains that of a determination on a lot size variance. Bean moved, Pisula seconded to continue to January 4, 1994 consideration of the request of Gregory Erickson for a simple subdivision/lot area variance at 5290 Howards Point Road, and requested the staff to obtain the Attorney's opinion as to which survey is valid, determine which survey the City is required to abide by, make a determination of the actual dividable square footage of this parcel, and determine 6 PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 7 whether the riprapping and alterations to the shoreline and property are in accordance with the Watershed District's original permit. Mr. Carroll stated that circumstances have changed since the property was surveyed in 1990 and the current survey conducted under accepted professional standards shows square footage in excess of 80,000. With regard to the variance, Carroll stated the straightened lot line is in essence a convenience for the City. He pointed out the proposed subdivision does not adversely affect the general health, safety and welfare of the City or public, does not affect the density of the property, and that a 35,000 square foot lot is in character with other lots in the area. Malam questioned whether the Commission has the right to ask which survey is valid since the 1990 survey has not been presented in connection with the application. Nielsen stated the old survey is part of the City's records. Bean stated the ordinance does not allow subdivision of a parcel less than 80,000 square feet; therefore, it is important the Commission review additional information before making a determination on the application. Malam reiterated his view that the question before the Commission is that of a decision on a lot area variance. Rosenberger inquired as to the urgency of action on the application. Mr. Erickson stated his preference for a vote on the variance issue at this time since a certified survey has been presented and the subdivision proposal has already been modified as recommended by the staff. In addition, the house is being torn down in the next two weeks and action by the Commission at this time will enhance marketing of the subdivided parcels to interested parties. Borkon suggested it may be in the best interest of the applicant that action be deferred to allow for further exploration of the issues. Rosenberger stated that sufficient information exists to make a decision at this time. He noted the current survey showing 80,536 square feet is clearly a dividable parcel. Nielsen stated that if the total parcel area is 78,610, the lot area variance would be larger; however, the parcel would not be dividable under the ordinance. He suggested the Commission may wish to table the application for further information or approve it subject to verification from the City Attorney, the Watershed District and the DNR that the 80,536 square feet of area is accurate and valid. Motion passed 4/2. Rosenberger and Malam voted nay. 4. SIMPLE SUBDIVISION/LOT COMBINATION Aoolicant: Location: McNulty Construction 4611-17 Bayswater Road Nielsen stated the City Attorney is reviewing this request to determine whether Commission and Council approvals are necessary. He described the current Amesbury West planned unit development, noting it is nearly completed. The applicant is 7 PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 8 proposing to combine two lots planned for four townhome units near the entrance of the site from Minnetonka Boulevard to Bayswater Road and build two patio homes rather than four town homes. Nielsen stated the only question with this plan arises from the fact that the original covenants for the P.U.D. specifically provided for combining lots for a four-year period, therefore the authority to do so at this time is being examined by the City Attorney. Nielsen suggested approval of combination of the two lots subject to the recommendation of the City Attorney. Malam moved, Bean seconded to recommend to the Council that it approve the request of McNulty Construction for a simple subdivision/lot combination at 4611-17 Bayswater Road, subject to review and recommendation by the City Attorney. Motion passed 6/0. The Council will consider the recommendation at its December 13 meeting. The meeting recessed at 8: 15 p.m. and reconvened at 8:20 p.m. 5. PUBLIC HEARING - PRELIMINARY PLAT AND LOT WIDTH VARIANCE - MOTT ADDITION (continued from October 5, 1993 - November 2 meeting canceled) Applicant: Location: Whitley Mott 24850 Yellowstone Trail Chair Rosenberger announced the case noting the public hearing is a continuance from the October 5, 1993 meeting. He acknowledged the receipt of a letter dated December 7, 1993 from Mr. William F. Kelly regarding this application. Nielsen reviewed the September 30, 1993 staff report which suggested that a lot width variance was not justified but that taking into consideration future development of the property, a reasonable way to divide the property would be to plat a dedicated street coming in from the west or from the south. Two alternatives were presented essentially to go either way. Rather than a lot width variance, it was recommended that a variance be granted to allow the division without requiring the applicant to build a public road until the property was further developed. Before accepting the recommendation, Mr. Mott requested that he be permitted time to complete soil borings to make sure the property was subdividable beyond two lots and what the nature of the soil is in the area of the proposed road. A revised preliminary plat has been submitted consistent with the recommendations made in the September 30 staff report. The proposal will create two lots, one with the existing home, and the other being the remaining property. Nielsen stated the area designated as Outlot A of the preliminary plat should be designated as a proposed right-of-way for a future street. The development agreement will contain language stating that the street would not be constructed until such time that the other lot is developed. The plan provides the City with protection 8 PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 9 and provides notice to a future buyer that a street must be constructed as part of the development. The revised preliminary plat is consistent with the September 30 staff recommendations and approval is recommended subject to the following: 1. developer must provide protective covenants setting forth conditions for the future development of Lot 2, specifically that any further subdivision of Lot 2 shall require construction of a standard city street and provision of utilities. 2. plat need not preclude future development which would propose access from the west and if that design proves feasible in the future, the City should be willing to vacate the street being platted at this time. 3. City should grant the applicant an incidental use of right-of-way permit to construct a driveway along the platted street. 4. first home may be served by an individual sewer stub, further development of Lot 2 will require a standard 8" main. 5. final plat should show Outlot A as a dedicated street right-of- way and a street name selected. 6. applicant must submit a final plat within 6 months of the Council's approval of the preliminary plat. Nielsen referred to Mr. Kelly's correspondence and reiterated that the proposed plat contains provision for a public street to be constructed at the time of subdivision of Lot 2 and that the property is being divided into only 2 lots. Kelly questioned the buildability of a street based on the soil borings. Nielsen stated the City Engineer's review of the soil information indicates that street and home construction will require soil correction, but that the soil conditions are not untypical for Shorewood. The Engineer recommended that any future construction of the street or buildings be done according to the soil engineer's analysis and recommendations. Nielsen stated any homes constructed would have to be located to avoid flooding. Mr. Mott thanked Nielsen for his efforts and indicated that as the applicant, he has worked diligently to comply with the staff's requests. Chair Rosenberger opened and closed the public hearing at 8:30 p.m., there being no comments from the public. Turgeon requested clarification of the nature of the soil corrections. Nielsen explained that 9 feet of materials must be removed in order to reach stable soil and excavating must be done carefully at that point so the silty clay does not turn to mush, oversized footings may be required, and sand or gravel may need to be added to the base. Similarly, a 3-4 foot subgrade cut may be necessary for street .construction with addition of a granular base. Turgeon requested clarification of the flooding in the area described in Mr. Kelly's letter. Nielsen stated the area has drainage problems, but that a house must be built above the 100 year flood elevation. Pisula requested clarification regarding the platting of a street. Nielsen stated the ordinance requires that each lot have frontage on a public street and the original proposed was a flag lot. Nielsen reviewed the zoning and subdivision requirements for granting variances. The City's primary concern is that the property is large enough for four lots and plans should be in place for such future development. 9 .. '" .. - PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 10 Malam inquired whether lot 2 will be required to tap into the 8" sewer main when lots 3 and 4 are developed. Nielsen indicated it could remain on the gravity stub. Bean inquired whether the developer of lot 2 will bear the cost of construction of the street. Nielsen stated the cost of construction of the street will be the responsibility of the developer of lot 2. Rosenberger inquired whether adjacent neighbors expressed concerns regarding the application. It was noted that no objections have been received. Malam moved, Borkon seconded to recommend to the Council that it approve a preliminary plat and lot width variance for Whitley Mott at 24850 Yellowstone Trail, subject to the recommendations of the staff. Motion passed 6/0. The Council will consider the recommendation at its December 13 meeting. 6. MATTERS FROM THE FLOOR - None. 7. REPORTS - None. Chair Rosenberger regretted Council Liaison Lewis' absence. Nielsen commented on the status of plans for the re-construction of the Vine Hill intersection noting that construction is expected to begin in June 1994. Nielsen distributed his December 7, 1993 memorandum and attachment regarding the Senior Housing Site Evaluation Study and requested the Commissioners to complete the ratings for Senior Housing Site Criteria for return to his office by December 13, 1993. 8. ADJOURNMENT Turgeon moved, Pisula seconded to adjourn the meeting at 8:45 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial 10 . ,..., <"",:" MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD _5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55331-8927 -(612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen/Jim Hurm DATE: 3 January 1994 RE: Comp Plan - City Water FILE NO.: 405 (Comp Plan - Comm. Fac.) Based upon the direction given at the joint meeting between the Planning Commission and City Council, staff proposes to redraft portions of the Community Facilities Chapter. of the Comp Plan Update which deal with municipal water. First, it has been suggested that the issues section of the Chapter be redrafted to more fully describe the problems with the City's system as it currently exists. The revised text will elaborate a bit on the various issues which were studied two years ago (L e. extensions to new and existing development, depreciation of the system, escalating operation costs, etc.). The concensus of the Planning Commission and Council is to establish a goal for extending municipal water to the entire city within 10 years. To accomplish this goal, staff has identified certain basic areas of decision which must be addressed to improve the feasibility of a citywide system: Water Policies 1. Properties get assessed when the water line goes by (no deferrals). 2. Hook up required within one year. Three years? 3. Budget for capital improvements in general fund. 4. Flat rate assessments on unit basis (Le. all lots, regardless of size, pay the same assessment) . A Residential Community on Lake Minnetonka's South Shore 1"<" >>,,,, Re: Comprehensive Plan City Water 3 January 1994 The Comprehensive Plan is considered the most appropriate forum in which to address City water. In addition to setting forth the goals, policies and plans for a municipal system, it puts this issue in context with the other elements of community development (Le. streets, land use and natural resources). It also involves a public review process which provides for scrutiny and input from the residents of the community. . Following is a tentative schedule for completion of the Comprehensive Plan Update and a subsequent public review process: February - begin review of Land Use and Natural Resources Chapters March - fma1ize Land Use and Natural Resources Chapters - discuss revised Community Facilities Chapter re: city water - joint meeting of Planning Commission and Council April - conduct a series of. neighborhood meetings (perhaps 4 to 8) May - discuss revisions to Plan based upon public input June - hold a public hearing and adopt Comp Plan Update subject to review by Metropolitan Council Even beyond this process the City would. need to hold one, or more likely, a series of special assessment public hearings following preliminary design and before full design. It is likely that the earliest construction could reasonably begin is Spring 1995. ! It is important to recognize that there really is no "point of no return" until the pipe is in. * The proposed goal is to extend water to the entire city within 10 years. Even if the City decided to move that up to 3 years as had been discussed 2 years ago, very little pipe could be in the ground before 1995. ' Consulting fees are estimated to be $2000 legal, $3000 financial, and $10,000 engineering just to get us to a special assessment hearing. *These funds should be set aside in advance, especially if they are to be spent all in one year. I * Remember, we didn't even get to the special assessment hearing stage two years ago. We just had public information meetings. cc: Tim Keane Joel Dresel Al Rolek - 2 - ... ~.4'- WORK SESSION TO: Mayor & City Council members FROM: James C. Hurm, City Administrator DATE: January 6, 1994 street Improvements - Special Assessments RB: The material to be prepared for this item. did not arrive at City Hall in a timely basis, therefore the City Engineer will need to submit and review the documentation at the meeting. ...__r ';:, TO: Mayor & City Council Members FROM: James C. Hurm, City Administrator ~ DATE: January 6, 1994 RE: Executive Session There are three items we should discuss in Executive session: 1. I would like to bring you up to date on the status of negotiations with the Public Works AFSCME unit. We have had 4 sessions and have a fifth planned for mid-January. I have tried to move them along as quickly as possible. The union representative (LuAnne Koskinen) is very busy and has had to reschedule several of the meetings. I would like to discuss a final offer. 2. Salary adjustments for non-contract people should not be held up because of union negotiations. I would like to discuss this issue with you. . 3. The Administrator I s review is scheduled to be done in October. Actually, wi"ll the goals and obj ecti ves review being done in January this.? a good time. Please review the packet material (Item #14) on 1993 objectives and Council priorities. This should assist you in assessing how we are doing, and in filling out the attached "City Administrator's Performance Evaluation". We can do this Monday or if it gets too late, it can certainly be done after the January 24th meeting. We can also discuss several employment agreement issues. JH/tln 1694.1 CITY ADMINISTRATOR PERFORMANCE EVALUATION CITY OF SHOREWOOD JANUARY 1994 USE THE FOLWWING SCALE TO RATE THE FACfORS BELOW, (1-10) Suggested ratings are: 9-10 OUTSTANDING PERFORMANCE consistently excellent in level of performance 7- 8 COMMENDABLE PERFORMANCE consistently folfills the requirements of the job 5- 6 SATISFACfORY PERFORMANCE normally folfills the requirements of the job 3- 4 MARGINAL PERFORMANCE sometimes fails to folfill the requirements of the job 1- 2 UNSATISFACTORY PERFORMANCE consistently fails to fulfill the requirements of the job MANAGING HUMAN RESOURCES SCORE Examples: Developing and evaluating subordinates Developing coordination among subordinates Developing proposal for Wage and Salary classification system Selection of staff/department heads consultants COMMENTS: SCORE MANAGING FINANCIAL RESOURCES Examples: Budget planning and preparation Financial management/fiscal soundness Cost-effective personnel utilization Concern with productivity Capital Improvement Program COMMENTS: SCORE COMMENTS: MANAGING WORK SYSTEMS AND OPERATIONS Examples: Ability to conceptualize needs of the City Organize programs to increase efficiency and effectiveness Organizational planning Delivery of services Ability to work with the Council, commissions and committees SCORE COMMENTS: MANAGING INFORMATION Examples: Timely, concise, understandable written reports Agenda preparation Oral presentations Newsletters and written information to citizens SCORE COMMENTS: PROFESSIONAL CONDucr Examples: Attitude toward City Liaison with other agencies News media relations Adherence to high professional ethics SCORE COMMENTS: PROFESSIONAL DEVEWPMENT Examples: Commitment to goals of City management profession Willingness to seek personal growth and development Participation in State and regional organizations SCORE COMMENTS: LEADERSIDP Examples: Setting a proper example Inspiring coorperation Delegating responsibility Commanding respect Building group spirit SCORE COMMENTS: JUDGEMENT/SELF-CONFIDENCE/OPEN-MINDNESS Examples~ Weighing facts and drawing conclusions Using foresight in planning Making reliable decisions Common sense Problem-solving skills Expression of opinion Fairness and impartiality Responsibility for own mistakes Competitive spirit Poise under pressure Receptiveness to suggestions Tact and diplomacy Flexibility SCORE COMMENTS: PURPOSEFULNESSjENERGY Examples: Convincing Speech Pursuit of goals Endurance Promptness Tenacity Enthusiasm Industry 6.. City Administrator Performance Evaluation City of Shorewood CflY COUNCIL RELATIONS SCORE Examples: Makes Council's job easier Makes the Council look good Serves the Council in an equal and unbiased fashion COMMENTS: TOTAL SCORE COMMENTS FOR FUTURE ACfIVITIES/IMPROVEMENTS: JCH.al