012494 CC Reg AgPCITY OF SHOREWOOD COUNCIL CHAMBERS
= "* REGULAR CITY COUNCIL MEETING 57SS COUNTRY CLUB ROAD
MONDAY, JANUARY 24, 1994 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 the City Administrator's Review.
sG N
AGENDA
1. CONVENE CITY 'COUNCIL MEETING
A. Pledge of Allegiance
B. Roll Call Mayor Brancel
Stover
Daugherty
Lewis
Benson
C. Review Agenda
2 APPROVAL OF MINUTES
City Council Regular Meeting and Executive Session
Minutes - January 10, 1994 (Att. #2 Minutes)
3. CONSENT AGENDA - Motion to approve items on Consent
Agenda & adopt resolutions therein:
A A Resolution Establishing the 1994 Pay Scale
and City's Contribution Toward Insurance Premium
for City Employees (Att. - #3A Proposed Resolution)
B = A`Motion to Approve Permanent Appointment
Deputy Clerk Teri Naab
C A Motion to Adopt a Resolution Approving a
Preliminary Plat & Street Construction Variance
Applicant:_ Whitley Mott
Location: 24850 Yellowstone Trail
(Att. - 13C Proposed Resolution)
D - A Motion Adopting an ordinance Amending
Ordinance; No. 282 Relating to Sump Pumps (Att.-13D
Proposed Ordinance)
E - A Motion to Adopt a Resolution Authorizing the
Concurrent Detachment & Annexation of Land - 6200
Cardinal Drive (Att. -#3E1 Planner's Memorandum;
#3E2 Proposed Resolution)
F A Motion to Approve the Proposed Plan to Update
Information System (Att. - #3F Administrator's
Memorandum)'
CITY COUNCIL AGENDA - MONDAY, JANUARY 24, 1994
Page 2 of 3
4. REPORT 4 dc` & wXOR HOUSING -
9 �
Site Selection - Brad Nielsen
B - Financing Options - Gary Fields, Springsted,
Inc.
5. A MOTION TO APPROVE THE METHOD OF CALCULATING FEES TO BE
PAID TO THE MWCC IN 1994 (Att. - #5 Finance Director's &
Engineer's Memorandum)
6. RECONSIDERATION OF STREET LIGHT INSTALLATION - BRENTRIDGE
DRIVE (Att. - #6 Planner's Memorandum & Correspondence)
** 7. CONSIDERATION OF ADOPTION OF AN ORDINANCE RELATING TO THE
OPEN BURNING CODE (Att. - #7 Proposed Ordinance)
8. CONSIDERATION OF ADOPTION OF A RESOLUTION RELATING TO
PARKING RESTRICTIONS CHRISTMAS LAKE ROAD (Att. - #8
Proposed Resolution)
9. CONSIDERATION OF REFUND REQUEST (Att. - #9 Finance
Director's Memorandum)
10. PARK - No Report
11. PLANNING - Report by Representative (meeting canceled -
no report)
A - A Motion Direct Staff to Prepare Findings of
Fact Rega a Simple Subdivision /Lot Area
Variances 5 r,4
A 4 °cant: Gregory Erickson
Location: 5290 Howards Point Road
(Att. - #11A Planner's Memoranda ,& Correspondence)
B - A Motion to Direct Staff to Prepare Findings of
Fact Regarding a Setback Variance
Applicant: John Einhorn
Location: 5580 Howards Point Road
(Att. - #11B Planner's Memorandum)
C - A Motion to Approve the Site Plan and Adopt a
Resolution Approving the Final Plat - Waterford 6th.
Addition (Commercial P.U.D.)
Applicant: JMS Equities, Inc.
Location: Outlot C, Waterford 4th Addition
(Att. - #11C1 Planner's Memorandum; #1102 Engineer's
Letter; #11C3 Proposed Resolution)
12. MATTERS FROM THE FLOOR
13. DISCUSSION ON POLICY ISSUES
Report on Rental Housing Code Brad Nielsen
CITY COUNCIL AGENDA - MONDAY, JANUARY 24, 1994
Page 3 of 3
14. ADMINISTRATOR & STAFF REPORTS -
A - Report on Liquor Store Management Plan -
Al Rolek
B Report on Beverly Drive /Cajed Lane Traffic
Situation - Jim Hurm
15. MAYOR AND CITY COUNCIL REPORTS -
16. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS -
(Attachment)
WORK SESSION
1. IDENTIFY & PRIORITIZE ISSUES FACING THE CITY COUNCIL -
1994 (Att. - #1 Administrator's Memorandum)
2. DISCUSSION ON CAPITAL IMPROVEMENT PLAN ISSUES:
A - Review of City Water Issue (Att. - #2A Planner's
Memorandum)
B - Street Improvements Special Assessments
(Att. - #2B Engineer's Memorandum)
3. ADJOURN TO EXECUTIVE SESSION
EXECUTIVE SESSION
1. DISCUSS CITY ADMINISTRATOR'S EVALUATION
2. ADJOURNMENT
** INDICATES TAX INCREASE OR FEE IMPLICATIONS
i
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 0 (612) 474 -3236
MAYOR
Barb Brancel
COUNCIL
Kristi Stover
Rob Daugherty
g' Lewis
S C>:�� Bruce Benson
EXECUTIVE SUMMARY
SHOREWOOD CITY COUNCIL MEETING
MONDAY, JANUARY 24, 1994
AGENDA ITEM #3A: This is the annual resolution establishing the pay
chart and insurance contribution for the year 1994 as recommended
by the City Council.
AGENDA ITEM #3B: This motion is as follows: "to approve the
permanent appointment of Theresa Naab as Executive Secretary/ Deputy
Clerk upon completion of the probationary period with a favorable
evaluation; and thereupon approve a Step 3 designation in the pay
plan ".
AGENDA ITEM #3C: This resolution approves a preliminary plat
creating two lots, providing for future development of two
additional lost, and grants a variance which allows the applicant
to plat a public street right -of -way without building the street
and utilities until the additional lots are developed.
AGENDA ITEM #3D: This ordinance change requires hard piping be
installed when there is an existing sump pump and for newly
constructed buildings. It does not require hard piping to be
installed where there is no pump being used. In addition, it
deletes the requirement for a three foot extension of piping
outside the foundation.
AGENDA ITEM #3E: This resolution is a "housekeeping" measure which
corrects an error in legal descriptions for the Cox property,
located at 6200 Cardinal Drive. It adds the parcel with their
garage on it to the parcel which was annexed by Chanhassen last
May.
AGENDA ITEM #3F: Following further inquiry, including surveying an
additional 12 communities, staff has concluded that the original
proposal for hiring David Hartley as a technical advisory for a
figure not to exceed $2,730 is the route to go. We have talked to
Council member Rob Daugherty about our findings.
A Residential Community on Lake Minnetonka's South Shore
EXECUTIVE SUMMARY - COUNCIL MEETING JANUARY 24, 1994
PAGE 2 OF 3
AGENDA ITEM #5: In 1993, the City Council ordered staff to prepare
an estimated sewer charge in reply to the MWCC's sewer charge 47%
increase. That estimate was based upon the City's growth rate of
3 %. Since that time, the City Engineer has monitored lift station
flows in low -lying areas in the City and has developed a
conservative estimate of sewage flows. Since there is an on -going
dispute with the MWCC, it is anticipated that the Council would
again wish to develop its own estimate. Staff has prepared an
estimate using the data compiled by the City Engineer, which is the
most accurate data available. The Council needs to approve this, or
another, method of calculating a payment to the MWCC and to approve
a payment for 1994.
AGENDA ITEM #6: Enclosed in the packet is a memorandum resulting
from my meeting with the Minnetonka School District Transportation
Director at which he committed to adding a middle school bus stop
along Brentridge Drive during the next school year. A map
identifying school bus stops and street light locations is
enclosed.
AGENDA ITEM #7: A new draft to the open burning ordinance is
enclosed. The wording to be removed is crossed out and proposed new
wording is in italics. We feel the changes make the ordinance
clearer.
AGENDA ITEM #8: Please read this one page resolution carefully. It
establishes procedures to allow Christmas Lake Road residents to
acquire a parking permit. This program is estimated to cost several
hundred dollars initially for the cost of purchasing sacks and
locks.
AGENDA ITEM #9: Mr. Ben Smith of 4690 Lakeway Terrace requests the
removal of a late penalty from his utility account as he mailed the
payment on time and the Post Office lost it. In similar past
requests, Council has denied the request because of the Post Office
error. Because of precedent, it is recommended the request be
denied.
AGENDA ITEM #11B: Staff and the Planning Commission recommend
approval of a setback variance to allow John Einhorn to build a
new home three feet closer to Howard's Point Road than the 50 foot
requirement. An existing non - conforming dwelling will be removed as
a result of the variance.
AGENDA ITEM #11C: J.M.S. Equities, Inc. proposes to build the first
phase of the Waterford commercial development. The site plan and
final plat are consistent with plans previously approved for the
project. Staff and the Planning Commission have recommended
approval.
. , A.
EXECUTIVE SUMMARY - COUNCIL MEETING JANUARY 24, 1994
PAGE 3 OF 3
AGENDA ITEM #13: The rental housing code has been placed on the
agenda for discussion at the request of Council member Kristi
Stover. Brad Nielsen will give a verbal report at the meeting.
AGENDA ITEM #14B: A majority of the surveys returned feel that the
signage is sufficient and nothing further should be done on
Beverly /Cajed. Several residents of Beverly Drive still feel very
strongly that the street should be blocked off.
WORK SESSION:
Following the regular City Council meeting, the Council will meet
in work session format.
1. Because the list of issues facing the City in 1994 is relatively
small, the prioritization process should not take long. The
prioritization will be done right at the work session.
2. 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.
EXECUTIVE SESSION:
Following the Work Session, Council will convene in Executive
Session to discuss the City Administrator's evaluation. Council
members have been sent a second copy of the evaluation form. We
will have an opportunity to discuss it and the employment agreement
at this time.
CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, JANUARY 10, 1994
MINUTES
•
1. CONVENE CITY COUNCIL MEETING
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
The meeting was called to order by Mayor Brancel at 7:00 p.m.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Present: Mayor Brancel; Councilmembers Benson, Daugherty, and Lewis;
Administrator Hurm, Engineer Dresel, Attorney Keane, Planning Director
Nielsen, and Finance Director Rolek.
Absent: Councilmember Stover.
C. REVIEW AGENDA
•
Lewis moved, Benson seconded to approve the amended agenda for January 10, 1994, with
Consent Agenda Item D. corrected to read: A Motion to Approve a Request for Residential
Water Service Connection to Minnetonka, and the addition of Item 1.A. Personnel Matters
to the Executive Session.
Motion passed 4/0.
D. Presentation to Gordon Lindstrom and James Andrus, Former Park
Commissioners
Mayor Brancel read and presented plaques of appreciation on behalf of the City of
Shorewood to James Andrus for 7 years of dedicated service as a Park Commissioner
beginning in 1986 and to Gordon Lindstrom for 16 years of dedicated service as a Park
Commissioner beginning in 1978.
E. Presentation by Denise Kautzer, GFOA - Award Certificate of Achievement
Denise Kautzer, representing the Government Finance Officers Association, awarded a
Certificate of Achievement for Excellence in Financial Reporting to the City of Shorewood
for its comprehensive annual financial report for the year 1992. The certificate is the
highest form of recognition in governmental accounting and financial reporting and its
attainment represents a significant accomplishment by the City and its management.
Mayor Brancel responded on behalf of the City and commended the staff and Finance
Director Rolek for their performance which resulted in this accomplishment.
1
=z
REGULAR CITY COUNCIL MINUTES
JANUARY 10, 1994 - PAGE 2
2A. APPROVAL OF MINUTES
A. Regular City Council Meeting - December 13, 1993
Lewis moved, Daugherty seconded to approve the City Council Minutes of December 13,
1993.
Motion passed 4/0.
B. Report on Executive Session of December 20, 1993
Mayor Brancel read the minutes of the December 20, 1993 Executive Session as follows:
The meeting was called to order at 5:00 p.m. Present were Mayor Brancel; Councilmembers
Daugherty, Lewis and Benson; Administrator Hurm and City Attorney Chris Dietzen.
Absent: Councilmember Stover. 0
Following 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.
Daugherty moved, Benson seconded to approve the Executive Session minutes of December
20, 1993.
Motion passed 4/0. 0
2B. A MOTION ADOPTING RESOLUTIONS MAKING APPOINTMENTS WITHIN
THE CITY OF SHOREWOOD FOR THE YEAR 1994
A. A Resolution Making Appointments for 1994
Mayor Brancel read the resolution making appointments for 1994.
Lewis moved, Daugherty seconded to adopt RESOLUTION NO. 94 -01 "A Resolution
Making Appointments to Certain Offices and Positions within the City of Shorewood for
the Year 1994."
Motion passed 4/0.
B. A Resolution Making Appointments to Various Commissions to Begin in 1994
2
REGULAR CITY COUNCIL MINUTES
JANUARY 10, 1994 - PAGE 3
Mayor Brancel read portions of the resolution making new appointments, reappointments,
and Chairs to various Commissions to begin in 1994.
Daugherty moved, Benson seconded to adopt RESOLUTION NO. 94 -02 "A Resolution
Making Appointments."
Motion passed 4/0.
3. CONSENT AGENDA
Mayor Brancel read the Consent Agenda for January 10, 1994.
Benson moved, Daugherty seconded to approve the Consent Agenda and to adopt the
Resolutions and Motions therein:
A. RESOLUTION NO. 94 -03 "A Resolution Granting a Conditional Use Permit for
Additional Accessory Space to Ron Lind."
B. RESOLUTION NO. 94 -04 "A Resolution Granting a Conditional Use Permit for
Additional Accessory Space and Fill in Excess of 100 Cubic Yards to Dean Spatz."
C. RESOLUTION NO. 94-05 "A Resolution Correcting a Legal Description." David A.
Nelson /Peter Knaeble.
D. Motion to Approve a Request for Residential Water Service Connection to
Minnetonka. Applicant: Edwin Jenkins /Carolyn Carver. Location: 5350 Vine Hill
Road.
0 E. RESOLUTION NO. 94 -06 "A Resolution Approving Combination of Real Property.
Applicant: McNulty Construction. Location: 4611 -17 Bayswater Road.
F. RESOLUTION NO. 94 -07 "A Resolution Authorizing Submittal of the 1994
Hennepin County Grant Application for Municipal Source Separated Recyclables."
G. RESOLUTION NO. 94 -08 "A Resolution Relating to the Approval of Transfer of
Property in the Matter of MWCC Lift Station No. 20."
H. RESOLUTION NO. 94 -09 "A Resolution Approving the Final Plat of Ridge Road
Addition."
Motion passed 4/0.
4. PUBLIC HEARING 7:15 P.M. - CONSIDERATION OF A PRELIMINARY PLAT
LOT WIDTH VARIANCE AND STREET RECONSTRUCTION VARIANCE AND
3
REGULAR CITY COUNCIL MINUTES
JANUARY 10, 1994 - PAGE 4
DIRECT STAFF TO PREPARE FINDINGS OF FACT. Applicant: Whitley Mott.
Location: 24850 Yellowstone Trail.
Nielsen reviewed the proposal of Whitley and Linda Mott to purchase a portion of property
located at 24850 Yellowstone Trail owned by Cory and Mary Kruckenberg. The Motts will
purchase the northerly lot and the Kruckenbergs will retain the lot containing their home.
The Motts originally applied for a lot width variance which would have created a flag lot.
The property contains about 5.5 acres and is potentially subdividable into more than 2 lots.
Rather than grant a lot width variance, the staff and Planning Commission addressed the
future subdivision and suggested platting a dedicated city street with a cul -de -sac, but not
require the applicant to pave the street or install the public utilities to the other lots. Final
resolution of this application should stipulate that any further subdivision of this property
requires the road to be constructed along with installation of the sanitary sewer system. The
Planning Commission unanimously recommended approval of the Subdivision Ordinance
variance subject to the stipulations set forth in Nielsen's December 7, 1993 memorandum.
Consideration of this recommendation requires a public hearing.
Mayor Brancel opened the public hearing at 7:23 p.m.
Mr. Keith Monjak, 6140 Pleasant Avenue, expressed concern regarding access of emergency
vehicles to the back lot when it is developed.
Nielsen stated the access issue had to do with whether the lot had frontage on a public
street and if there were more than one home, emergency access would be an issue.
However, it is proposed that Mr. Mott obtain an incidental use of right -of -way permit on
the dedicated public street to allow a driveway to Yellowstone Trail and when the lot is split
further, a City street would have to be constructed which would provide emergency vehicle
access. Nielsen explained which lots front the golf course. He reiterated that the City's
interests are protected by attached conditions for further subdivision.
Mayor Brancel closed the public hearing at 7:26 p.m.
Lewis observed that the application has moved through the Planning Commission and Mr.
Mott has cooperated diligently with the staff to foresee any problems that may occur in the
future.
Lewis moved, Daugherty seconded to direct the staff to prepare a findings of fact resolution
approving the preliminary plat subject to the staff recommendations for Whitley Mott,
24850 Yellowstone Trail.
Motion passed 4/0.
5. RECONSIDERATION OF STREET LIGHT INSTALLATION - BRENTRIDGE
DRIVE
4
REGULAR CITY COUNCIL MINUTES
JANUARY 10, 1994 - PAGE 5
Nielsen reviewed the request petitioned by a number of Brentridge Drive residents for
installation of street lights in their neighborhood. At its November 30 meeting, the Council
authorized lights at 2 locations where Brentridge intersects with Howard's Point Road.
Subsequently, a resident who did not sign the petition brought to the staff s attention a 1988
petition from Howard's Point Road residents who opposed additional street lights in their
area. In view of this, Nielsen stated the order for lights has been delayed until affected
residents were notified and their input received. He indicated that based on telephoned and
written comments received, Howard's Point Road residents continue opposition to additional
lighting. Nielsen noted, however, a common suggestion is for installation of an additional
street light at the intersection of Smithtown Road and Howard's Point Road.
Nielsen pointed out that notices were mailed to the residents last week resulting in a short
time for residents to respond. In view of the short response time, Nielsen recommended
the matter be tabled to January 24 to allow adequate time for interested parties to respond.
0 Mayor Brancel opened a public forum at 7:30 p.m.
Charles Christian, 5905 Howard's Point Road, stated his residence is located where the light
is proposed and that his property is adjacent to black top on 3 sides due to the construction
of the Brentridge Addition. He expressed strong opposition to any additional lighting which
would adversely affect his locality. He explained the desire of the residents to retain the
rural natural setting of their neighborhood. He stated lighting does not provide security or
deter vandalism. He reiterated opposition to the additional lighting proposed, but agreed
that a street light at Howard's Point Road and Smithtown Road would be appropriate to
increase safety at the narrow and dark corner.
Beverly Ginther, 5790 Brentridge Road, representing the current petitioners, explained the
group was not aware of the existence of the 1988 petition. She empathized with the views
expressed by the Howard's Point Road residents. Ginther outlined the reasons for the
• request for additional lighting: problems with vandalism and concern for the safety of
middle- school age children walking to and waiting for school buses. A solution to change
the location of the bus stop at the Howard's Point Road intersection is being pursued with
the school district; however, Ginther stated that installation of a light at the Howard's Point
Road /Smithtown Road intersection could be reasonable compromise. She acknowledged,
however, that affected residents should be contacted for their input to that suggestion. An
alternative suggestion proposed by Ms. Ginther was that the City assist in pursuing
relocation of the school bus stop by contacting school district officials.
Jerry Brekke, 27450 Pine Bend Road, stated many residents did not receive adequate notice
of the meeting and suggested they be allowed an opportunity to voice their opinions at a
future meeting.
Mayor Brancel closed the public forum at 7:50 p.m.
5
REGULAR CITY COUNCIL MINUTES
JANUARY 10, 1994 - PAGE 6
The Councilmembers discussed the alternatives and concurred with the suggestion that the
City contact school officials regarding the possibility of re- locating the bus stop for the
middle- school age students in the subject area. In addition, it was agreed that affected
residents be notified of proposed additional light installation so they may provide their
input.
Lewis moved, Daugherty seconded to table to January 24, 1994, consideration of street light
installation - Brentridge Drive.
Motion passed 4/0.
6. A MOTION TO APPROVE FINAL PLAN AND FINAL PLAT - GIDEON'S WOODS
P.U.D.
Mayor Brancel inquired whether the developer had additional comments regarding his
application for a final plan and plat for Gideon's Woods P.U.D. Mr. Fred Katter,
representing Katter Development, had no comments.
Nielsen reviewed 11 issues outlined in his memorandum dated January 8, 1994 and
recommended they be incorporated into the development agreement and /or be included as
modifications to the protective covenants. He referred to communications dated January
7 and 10, 1994 received from Ms. Laura Turgeon and stated most of the concerns raised are
addressed in the standard development agreement. With regard to the concern the units
could become rental properties, Nielsen stated that the City cannot legally stipulate that the
units must be limited to owner occupied. Nielsen explained how each of Ms. Turgeon's
concerns have been addressed. Nielsen recommended approval of the final plan and final
plat subject to the staff recommendations detailed in his January 8, 1994 memorandum.
Nielsen responded to Councilmembers' questions regarding the relocation, preservation and
maintenance of the Gideon home, garages, landscaping, construction schedule, and location .
and use of a pathway on the property. Mr. Katter agreed to grant a pedestrian easement
through his property.
Lewis moved, Benson seconded to adopt RESOLUTION NO. 94 -10 "A Resolution
Approving the Final Plan and Final Plat of Gideon's Woods P.U.D., subject to the staff
recommendations.
Motion passed 4/0.
7. CONSIDER ADOPTION OF ORDINANCES
A. Relating to the Uniform Fire Code
6
REGULAR CITY COUNCIL MINUTES
JANUARY 10, 1994 - PAGE 7
Hurm stated the proposed ordinance amends the City Code to adopt the Uniform Fire Code
- rules and regulations of the Fire Marshal Division of the Minnesota Department of Public
Safety - as the Fire Code for the City of Shorewood.
Benson moved, Lewis seconded to adopt ORDINANCE NO. 283 "An Ordinance Amending
Chapter 508 of the Shorewood City Code Adopting the Uniform Fire Code."
Motion passed 4/0.
B. Relating to the Open Burning Code
The Council discussed the first reading of a proposed ordinance which will establish
guidelines for burning within the City, require a permit issued by the Fire Department and
provide for a fee to be charged for certain open burning permits.
is 8. CONSIDER AN AMENDMENT TO CHRISTMAS LAKE ROAD PARKING
RESTRICTIONS
Benson briefly reviewed the request of Mr. Bill Maddy, 5780 Christmas Lake Road, to
remove the parking restriction in front of his residence and stated Mr. Maddy wishes to
withdraw his request. Benson informed the Council and staff that Mr. Maddy and the other
residents in the neighborhood prefer that a change to the parking restriction ordinance be
developed to simplify citizens' use of short -term parking in neighborhoods.
Benson moved, Daugherty seconded to table consideration of an amendment to the City
Code with respect to on- street parking.
Motion passed 4/0.
9. A MOTION TO ADOPT A RESOLUTION RECEIVING REPORT AND CALLING
HEARING ON IMPROVEMENT - BRYNMAWR SUBDIVISION FOR PEMTOM
DEVELOPMENT
Dresel stated a request has been received and processed from Mr. Herbst of Pemtom
Corporation for a determination of the feasibility of providing public facilities for the
development by the City. The report indicates the project is technically feasible. The
majority of the costs would be assessed to the developer with the exception of the water
main. Mr. Herbst is, however, considering options with respect to delivery of water to the
development. Dresel pointed out that if water is extended to the development from the
City's Boulder Bridge system, the system will reach its capacity. He indicated that increasing
fire protection in that area for the "public good" and how it will be funded must be
addressed. Discussions continue with the developer with regard to the issue. Dresel
recommended the Council accept the feasibility report and set a public hearing on February
14, 1994 on the proposed improvements.
VA
REGULAR CITY COUNCIL MINUTES
JANUARY 10, 1994 - PAGE 8
Lewis moved, Benson seconded to adopt RESOLUTION NO. 94-11 " A Resolution Receiving
Report for the Public Improvements to the Brynmawr Single Family Housing Project."
Motion passed 4/0.
10. PARK - No report.
11. PLANNING - Report by Representative
Commissioner Pisula reported on the discussions and actions taken by the Planning
Commission at its meeting on January 4, 1994, and noted the recommendations will come
before the Council for its consideration at its January 24, 1994 meeting. Nielsen clarified
the City's current position regarding roof pitch standards and other temporary structure
requirements in response to Mayor Brancel's inquiry.
12. MATTERS FROM THE FLOOR - None. 0
13. DISCUSSION ON POLICY ISSUES
A. Report on 1993 Objectives
B. Review of Mission Statement
C. Identification of Issues to be Addressed in 1994
Hurm directed the Council's attention to the report reviewing the status of objectives for
the year 1993 and a list of issues identified by the staff to be addressed in 1994. He read
the City's Mission and Value Statements. Hurm indicated the Council may contact him with
any changes or additions to the subject documents. The Council will consider 1994
objectives at a future work session.
D. Part -Time Traffic Enforcement Specialist 0
Police Chief Richard Young referred to his memorandum dated December 10, 1993
outlining details regarding a proposal to hire a part time traffic enforcement specialist to
work traffic complaint areas in Shorewood.
The Council discussed the proposal and Young responded to questions. In general, the
Council agreed the cost of the funding the position is acceptable in view of the benefits to
be gained by the City with regard to traffic problems.
Lewis moved, Daugherty seconded to authorize the staff to continue working with Policy
Chief Young in the hiring of a part-time traffic enforcement specialist to enforce laws in
traffic complaint areas in the City of Shorewood.
Motion passed 4/0.
0
REGULAR CITY COUNCIL MINUTES
JANUARY 10, 1994 - PAGE 9
Young briefly reported on use of the computerized traffic monitoring device and noted that
cold weather and snow removal limit its use to information gathering rather than
enforcement.
14. ADMINISTRATOR AND STAFF REPORTS
A. Proposed Plan to Update Information System
Hurm reviewed the proposed plan to update the City's information system developed and
recommended by the staff. The plan includes entering into an agreement with a technology
consultant to assist the staff in evaluating its existing system and current and future data
processing requirements. Action requested is to authorize an expenditure not to exceed
$2,730 for the service described.
The Council discussed the proposed plan and staff responded to questions. The Council
concurred with and supported the basic intent of the staffs recommendation and the need
for review of the City's data processing and information system. It was the consensus of the
Council that staff conduct further evaluations of the needs segment of the proposal including
surveying similar sized cities regarding existing software and consultants used, and that the
staff re- introduce the proposal to the Council for its consideration at the next meeting.
The meeting recessed at 9:05 p.m. and reconvened at 9:15 p.m.
Hurm reported that Council.member Stover requested the City's Rental Housing Code be
placed on the January 24 meeting agenda for discussion. The Council requested the staff
to prepare a synopsis of the current ordinance and a summary of comments received for
consideration at the January 24 meeting.
15. MAYOR AND CITY COUNCIL REPORTS
A. Report on Lake Access Meeting with the LMCD - Daugherty
Daugherty reported on discussions held by the LMCD task force and the DNR. Provision
of additional access to Lake Minnetonka within the Shorewood area to promote and
enhance the public's ability to use Lake Minnetonka yet maintain the interests of Shorewood
residents will be evaluated and a proposal will be considered by the Planning Commission.
Daugherty commented on the interpretation of the recently enacted sump pump ordinance
amendment with respect to the requirement of installation of hard piping wherever a sump
exists. Nielsen explained the provisions of the amendment, reported on complaints received
following inspections, and described possible action by the Council. Following discussion,
the Council directed the staff to advise those residents with noncompliance notices to delay
work required for compliance and that administration of the ordinance requiring hard piping
be temporarily suspended until such time that the ordinance is reconsidered and amended.
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REGULAR CITY COUNCIL MINUTES
JANUARY 10, 1994 - PAGE 10
B. Minnetonka School District - Tax Levy
The Council briefly discussed the December 17, 1993 response received from the
Superintendent of Schools relative to controlling tax levies. The Council generally agreed
that a meeting with school officials and representatives of the local communities would be
mutually beneficial.
16. ADJOURNMENT TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF
CLAIMS
Mayor Brancel announced the Work Session will be rescheduled.
Daugherty moved, Lewis seconded to adjourn the meeting at 9:35 p.m., to an Executive
Session, subject to the approval of claims, and to reschedule the Work Session to a future
date.
Motion passed 4/0.
RESPECTFULLY SUBMITTED
Arlene H. Bergfalk
Recording Secretary
TimeSavers Secretarial Services
ATTEST
BARBARA J. BRANCEL, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
•
9
10
CITY OF SHOREWOOD
CITY COUNCIL EXECUTIVE SESSION
MONDAY, JANUARY 10, 1994
MINUTES
CONVENE EXECUTIVE SESSON
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
9:45 P.M.
The meeting was called to order by Mayor Brancel at 9:45 p.m.
Roll Call
Present: Mayor Brancel; Councilmembers Benson, Daugherty, and Lewis;
Administrator Hurm, and Attorney Keane.
• Absent: Councilmember Stover
Personnel Matters and Current Status of Negotiations with American Federation of State,
Local and Municipal Employees (AFSCME) Local 224 were discussed. A non - contract wage
and salary chart will be presented for City Council consideration at their January 24th
meeting. Administrator Hurm will continue negotiating with AFSCME Local 224 on January
19th. This will be the fifth negitiating session.
ADJOURNMENT
Benson moved, Lewis seconded to adjourn the meeting at 10:30 p.m.
Motion passed 4/0.
i ATTEST
BARBARA J. BRANCEL, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
1
RESOLUTION NO. 94-
A RESOLUTION REVISING THE CITY OF SHOREWOOD'S WAGE AND SALARY
RANGE CHART FOR 1994 AND SETTING THE MONTHLY CONTRIBUTION
TOWARD THE MONTHLY INSURANCE PREMIUM FOR CITY EMPLOYEES
WHEREAS, the City Council has established the current salary
and wage range chart by its Resolution No. 118 -92 and its current
contribution toward the monthly insurance premiums for City
employees by its Resolution No. 125 -92; and,
WHEREAS, it is the intention of the City Council to, from time
to time, revise such salary and wage range chart and contribution
toward the monthly insurance premiums for City employees within the
parameters of State Statutes.
NOW, THEREFORE, BE IT RESOLVED that:
1. The City of Shorewood's Salary and Wage Range Chart
is hereby revised for the year 1994 as listed on
Exhibit A, attached to and hereby made a part of
this resolution.
2. The City's contribution toward the monthly
insurance premiums for City non- contract employees
is hereby set at $310.00 per month for the year
1994.
BE IT FURTHER RESOLVED that this resolution shall be effective
retroactive to January 1, 1994.
ADOPTED BY THE CITY COUNCIL of the City of Shroewood this 24th
day of January, 1994.
•
Barbara J. Brancel, Mayor
ATTEST:
James C, Hurm, City Administrator
CTi'C OF :;UOREWUK
PAY PLAN / PROPOSED PAY RANGES
1994
0
•
NOTES: 1. Step 5 is the nermaI salary/wage cap (TOP). It is based on averages for similar positions
in cities with similar populations, number of employees, location and job descriptions_
2. Normally, an employee would be hired at Step I - 80% of the TOP
3. After probation (6 months), an employee would go to Step 2 - 85% of the TOP.
4. After I year, an employee would go to Step 3 - 90% of the TOP.
5. After 2 years, an employee would go to Step 4 - 95% of the TOP.
6_ After 3 years, an emplcyas would go to Step 5 - 100" of the TOP.
This 'D ian ; like the proposed Union contract, would allow us to hire a person at Step 2 if the
person is hiahiy qualified and./o, has significant experience and we need to offer a higher wage to
attract them. It should also allow us to otter up to Step 4 after probation for the same reasons.
Employees may move more slowly through the range if not r.,;ating expectations, and the City should be
able to exceed Step 5 for exceptional performance.
CURRENT
RANGE
POSITION
STEP
1
2
3
4
5
---------------------------------------------------------------------------------
Exec. Secty. /Deputy Clerk
1
27,792
29,529
31
33
34
Receptionist /Secretary
4
19
20
22,183
23
24,648
Finance DirectorjTreas
5
38,961
41,396
43,831
46,266
48,701
Senior Accounting Clerk
5
23
25,363
26
28,347
29
Planning Director
5
37,426
39,765
42,105
44,444
46,783
Building Inspector
5
29 ; 924
31
333
35,5335
37
Plannina Assistant
5
26,599
28,261
29,924
31,526
33,249
Licht Equipment Operator
21,786
25,272
26
28,245
29,732
Public Wks Working Foreman
5
26,675
28,3343
30,010
31,677
33
Public Works Director
5
38
40,671
43
45
47,849
Administrator /Clerk
5
44,341
47
19,884
52
55,427
Liquor Operations Manager
5
30
32
34
36,157
38,060
liquor Assistant Manager
5
20,879
22,184
23,489
24,794
26,099
Liouar Clerk
12,736
13,532
14,328
15,124
15,920
NOTES: 1. Step 5 is the nermaI salary/wage cap (TOP). It is based on averages for similar positions
in cities with similar populations, number of employees, location and job descriptions_
2. Normally, an employee would be hired at Step I - 80% of the TOP
3. After probation (6 months), an employee would go to Step 2 - 85% of the TOP.
4. After I year, an employee would go to Step 3 - 90% of the TOP.
5. After 2 years, an employee would go to Step 4 - 95% of the TOP.
6_ After 3 years, an emplcyas would go to Step 5 - 100" of the TOP.
This 'D ian ; like the proposed Union contract, would allow us to hire a person at Step 2 if the
person is hiahiy qualified and./o, has significant experience and we need to offer a higher wage to
attract them. It should also allow us to otter up to Step 4 after probation for the same reasons.
Employees may move more slowly through the range if not r.,;ating expectations, and the City should be
able to exceed Step 5 for exceptional performance.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING A PRELIMINARY PLAT
AND STREET CONSTRUCTION VARIANCE
AND DENYING A LOT WIDTH VARIANCE FOR
THE MOTT ADDITION
WHEREAS, Whitley Mott (Applicant) has an interest in certain real property in the
City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A,
attached hereto and made a part hereof; and
WHEREAS, the Applicant has applied to the City for a Preliminary Plat of said real
property as shown in Exhibit B, attached hereto and made a part hereof; and
• WHEREAS, in the initial application one of the lots did not comply with the
minimum lot width requirement for the zoning district in which it is located and the applicant
requested a variance; and
WHEREAS, the Applicant's request has been reviewed by the City Planner and his
recommendations have been duly set forth in a Memoranda to the Planning Commission
dated 30 September and 7 December 1993, which Memoranda are on file at City Hall; and
WHEREAS, Applicant's request has been reviewed by the City Engineer and his
recommendations have been duly set forth in a letter to the City Planner, dated 4 January
1994, which letter is on file at City Hall; and
WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on
5 October 1993, for which notice was duly published and all adjacent property owners duly
. notified.
WHEREAS, a Public Hearing was held by the City Council on 10 January 1994, for
which notice was duly published and all adjacent property owners duly notified.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the property is zoned R -lA and contains approximately 241,540 square
feet of area and is occupied by a single - family residential dwelling.
2. That the property has approximately 208.5 feet of frontage on Yellowstone
Trail.
3. That the property is capable of being divided into more than two lots.
3. G.
4. That a lot width variance does not meet the criteria for the granting of
variances as set forth in Section 1201.05 Subd. 2. of the Shorewood Zoning Code.
5. That the Applicant has revised his plat to eliminate the need for a lot width
variance.
6. That the Preliminary Plat shows how additional lots can be divided in the
future.
7. That the Applicant proposes to plat a 50 -foot road right -of -way for future
development of the property.
8. That the Applicant proposes to create only one new lot at this time, for which
it is impractical to construct a city street and utilities.
• CONCLUSION
A. That the Applicant has not satisfied the criteria for the grant of a variance
under Section 1201.05 Subd. 2. of the Shorewood City Code, and the lot width variance is
hereby denied.
B. That the Applicant has satisfied the requirement of practical difficulty as set
forth in Section 1202.09 Subd. 1 of the City Code.
C. That the Applicant's request for preliminary plat approval for the Mott
Addition is hereby granted.
D. That such approval is subject to the recommendations set forth in the City
Planner's Memorandum dated 7 December 1993, the City Engineer's recommendations set
forth in his letter to the City Planner, dated 4 January 1994, and the terms and conditions
contained in the minutes of the Planning Commission meeting of 7 December 1993 on file at
City Hall.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of
January, 1994.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator /Clerk
-2-
•
DESCRIPTION
All of Lot 55, except that part of the north 50 feet of Lot 55 lying east of the west
line of Lot 3. M1NNEWASHTA extended. AUDITOR'S SUBDIVISION NUMBER
133. Hennepin County. Minnesota: also except that part of the westerly 370 feet
of Lot 55. AUDITOR'S SUBDIVISION NUMBER 133. Hennepin County.
Minnesota, lying southerly of the following described line:
Commencing at a point 400 feet northerly of the most southerly ccrner as
measured along the westerly line of said lot being the point of beginning
of the line to be described: thence at right angles to said v✓esteriy line to
the easterly line of the above described tract and there terminating.
•
Exhibit A
75 0 _
50 �, \ �•,� ••�\ 7 fin.
; _
�I I ► ,� \ — - --
O
P.P.
/
ROAD 1w.• �� � T.P.
DEERFIELD ADDITION I
i
H R c- 8FR000IST, IN. C.
;:.e
Mini
Exhibit B
REVISED PRELIMINARY PLAT
Mott Addition
*-
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 904.09,
PROHIBITING DISCHARGES INTO THE SANITARY SEWER SYSTEM
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Section 904.09 Subd. 4 of the Shorewood City Code is
hereby amended to read:
Subd. 4.: Discharge. Existing buildings with sump pumps and
all newly constructed buildings with sumps All building sum ~�
shall have a discharge pipe installed to the outside wall of
the building. The pipe attachment must be of rigid permanent -
type plumbing such as PVC, copper or galvanized pipe. The
discharge shall extend at least three (3) feet outside of the
• foundation and may not be pumped directly onto any public
right -of -way unless approved by the Public Works Director or
their designee. Any disconnects or openings in the sanitary
sewer shall be closed and repaired in compliance with
applicable codes.
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 24th day of January, 1994.
Barbara J. Brancel, Mayor
•
ATTEST:
James C. Hurm, City Administrator /Clerk
`3 �
R y
P. GREGORY STRINGER i
19710 Sweetwater Curve
Shorewood, MN 55331
(612) 474 -2009
January 10, 1994
The Honorable Robert Daugherty
Acting Mayor, City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
RE: Sump Pump and Footing Drain Inspection
• Dear Mayor Daugherty:
I am writing request your forbearance relative to the new requirement (Ordinance No.
282) to install an external drainage pipe attached to the sump pit in our home.
The inspection took place on December 30, and the inspector noted the existence of a
sump pit, but no pump. Accordingly, he found us in non- compliance with the ordinance and noted
that compliance must be verified in 14 days. This afternoon I spoke with Terry Naab, who advised
me that extensions were being granted until March 1
First, I wish to confirm such extension. Second, I wish to request an exception to the
ordinance based on our particular situation. We have lived in our home since September, 1988
and have not yet collected water in the sump pit. It appears that the drainage system does not
direct water into the sump pit. Rather, we have discovered that when there is a water problem,
• which we have experienced only twice, the water collects in the ventilation ducts built into the
floor of our basement. On these occasions we have pumped the water out of the ventilation
system, sunning a. hose oui a baseme.-A wirldo V" and into our backyard slopes away from
the house. A sump discharge pipe, at least at this time, would not address the issue the City of
Shorewood is attempting to solve.
We intend to discuss this matter with the builder of our home to remedy the problem we
have with our drainage system. What we ask is that the City of Shorewood permit us the time to
complete these discussions and propose a timeframe within which we can resolve this problem.
We appreciate your - consideration and look forward to your response. Upon receiving
your response I will contact our builder to begin discussions.
- Sincerely,
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: 20 January 1994
RE: Shorewood /Chanhassen - Friendly Detachment and Annexation
FILE NO.: Property - 6200 Cardinal Drive
Last May the City of Shorewood agreed to allow Chanhassen to annex part of the Cox
property located at 6200 Cardinal Drive. The resolutions accomplishing this were prepared
without benefit of a survey of the Cox property, which actually consisted of two parcels. As
a result the smaller parcel, which contains the Cox's garage, was not included in the
detachment and annexation.
Chanhassen has prepared the attached resolution as a "housekeeping" measure to resolve the
• problem. Shorewood staff recommends approval.
cc: Jim Hurm
Joel Dresel
Tim Keane
Lynn Cox
A Residential Community on Lake Minnetonka's South Shore
RESOLUTION NO.I
CITY OF SHOREWOOD
HENNEPIN COUNTY,IMINNESOTA
RESOLUTION CONCERNING THE CONCURRENT
DETACHMENT AND ANNEXATION OF LAND
WHEREAS, Minn. Stat. § 414.0611 authorizes the concurrent
detachment and annexation of land; and
WHEREAS, the cities of Chanhassen and Shorewood have agreed to
the concurrent detachment and annexation of a parcel of property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shorewood, Minnesota as follows:
1. The following described land shall be detached from the
City of Shorewood and annexed to the City of Chanhassen:
• That part of Lot 89, AUDITOR'S SUBDIVISION NUMBER 135,
Hennepin County, Minnesota described as follows:
Commencing at the Southwest corner of said Lot 89; thence
North along the West line 50 feet; thence easterly and
parallel with the southerly line a distance of 49 feet;
thence South 79° 41' 43" West a distance of 51 feet;
thence West along the southerly line of said lot a
distance of 40 feet to the point of beginning.
2. This Resolution is contingent upon the City of Chanhassen
adopting a similar resolution approving the aforemen-
tioned detachment and annexation and is further contin-
gent upon the approval of the Minnesota Municipal Board.
3. The City Administrator/Clerk is directed to forward a
copy of this Resolution to the City of Chanhassen. Upon
receipt of a similar resolution from the City of
Chanhassen, The City Administrator /Clerk is further
directed to forward a copy of this Resolution to the
Minnesota Municipal Board.
PASSED AND DULY ADOPTED this 24th day of January , 1994,
by the City Council of the City of Shorewood.
CITY OF SHOREWOOD
(SEAL)
BY:
ATTEST:
Its Mayor
Its Administrator /Clerk
5354 -
r01/05/94
5- E_- . ,!
1
•
•
TO: Mayor & City Council
FROM: Teri Naab, Deputy Clerk
DATE: January 19, 1994
RE: Informational Systems - Up ate
Per the Council's directive, a teleph ne survey was conducted of 12
cities, both local and similar in s ze to Shorewood, to inquire
about computer systems and applicatio s currently being utilized by
other cities.
Most cities surveyed have a more upd
but have not expanded much beyond that
office networked, but not being use
variety of reasons. The companies tl
supply computer services have been
primarily sell hardware and softw
systems, and all were unable to retr
any of their products. Not one ci
consultant that could analyze and
computer needs of the City.
ited financial applications,
Most of the cities have the
to full capacity due to a
at have been recommended to
contacted. These companies
.re applications for their
)fit our current system with
y was able to recommend a
.dentify current and future
We have shared our survey data with Rob and expressed to him that
we are very comfortable with the decision that we have made to hire
Dave Hartley to analysis and direct. us in our future computer
related decisions. Mr. Hartley's background in municipal
government and computer systems should prove to be a helpful tool
in guiding us to the optimum performa ce with existing resources.
The action requested is to authorize
$2,730 to retain Hartley & Associat4
City in computer upgrades. The resu
reported to the Council. The total ex
would not exceed the $14,100 already
:he expenditure not to exceed
:s to analysis and guide the
Its of the analysis will be
3enditure for updates in 1994
budgeted.
JH /tln
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
•
MEMO
TO:
FROM:
CITY OF
SHOREW1
5755 COUNTRY CLUB ROAD • SH
Mayor and Councilmembers
Al Rolek
DATE: January 20, 1994
RE:
In 1993, the Metropolitan Waste Conti
a statement to the City for 1993 est
This statement represented a 47% inc
most of which was final charges for
Council disputed the accuracy of the 1
and the method which the MWCC used tc
Agenda Item No. 5, Method c�f Calculating Payment to MWCC
for 1994
JOD
DREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236
1 Commission (MWCC) remitted
nated sewer service charges.
ease over the previous year,
sewer service in 1991. The
ICC's estimates and metering,
charge the City for service.
The Council had the staff prepare an estimate of current sewer
charges for 1993 and remitted payments to the MWCC based on the
City's estimate. The City flow esti ate was based on a 3% growth
rate over 1992 as no better information was available at that time.
The estimate excluded the final 1991 charges.
The City Council faces the same situation in 1994. While the City
is not experiencing a huge increase for service as estimated by the
0 1 MWCC, the level of sewer charges remains about the same as in 1993.
It is anticipated that the Council. would again want staff to
prepare its own estimate of flows and charges.
The City Engineer has monitored li t station flow data for the
lowest area of the City for 1993 aid has developed an estimated
sewage flow for the entire City based on this data. A memo from
the engineer explaining the estimate, including summary data, is
attached. This represents a consery tive (high) estimate of flows
in the City for 1993. This estimate is based on much more
accurate and credible data than that used for the City estimate in
1993. Therefore, we have used this data in computing an estimated
sewer service charge for 1994. The estimated charges, then, using
the engineer's estimated flows and tie MWCC rate is calculated as
follows:
334 million gallons x $1,243.241 /million = $415,242
This estimate is about 12.4% higher than the City's 1993 estimate
A Residential Community on Lake M� South Shore
MEMO
Mayor and Councilmembers
January 20, 1994
Page 2
of $369,548; however, it is based on much more accurate data.
Moreover, it is still lower than the MWCC estimate 360 million
gallons of flow and an estimated payment of $447,566. Final
charges for prior years have again been excluded as they are still
under dispute by the City.
It is felt that this demonstrates a reasonable, responsible course
of action on the part of the City Council to base its sewer service
charge estimate on the most accurate, credible data available, that
being the data assembled by the City Engineer. It is, therefore,
recommended that the City Council approve the method of calculating
the sewer service charges to the MWCC which uses the City
Engineer's flow data and, further, to approve the resulting
estimated payment to the MWCC for 1994.
Should you have any questions relative to the calculation or the
data used in the calculation, please call me or Joel Dresel prior
to the meeting.
METROPOLITAN WASTE CONTROL COMMISSION
STATEMENT OF ESTIMATED 1994 SEWER SERVICE CHARGES
Customer Number
5182-410
Shorewood
GALLONAGE ESTIMATED COST AMOUNT
(millions) FOR M GALLONS
CURRENT USE CHARGES:
TOTAL SEWER SERVICE COST
•
19
LESS OTHER CREDITS OR (CHARGES):
CURRENTVALUE CREDIT
DEBT PAYMENT CREDIT
1992 FINAL COST ALLOCATION
TOTAL CREDITS OR (CHARGES)
TOTAL ANNUAL ESTIMATED NET PAYMENT DUE
MONTHLY INSTALLMENT
360
Due on the first day of each month. Installments not
received by the 10th of each month in which due shall be
regarded as delinquent and shall bear interest from the
first day of such month.
$1,243.24
$447,566
$391
0
(106.671)
$553,848
$46,154
GC1 2 5 G93 Metropolitan Waste Control Commission
Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 -1633
612 222 -8423
October 21, 1993
TO ALL CITY FINANCE OFFICERS:
The purpose of this letter is to provide you with information
regarding the 1994 sewer service charges on the enclosed statement.
The annual sewer service charges are based on the estimated volume
of your community's sewer flow relative to the estimated flow from
all sewered communities using the Metropolitan Disposal System.
When 1994 is completed and actual flow for 1994 is known, these
estimated sewer service charges are adjusted accordingly. They are
also adjusted for any deviations in the Commission's revenue or
expenditure budgets.
The statement shows the estimated wastewater flow from your
community and its sewer service charges based on the MWCC's 1994
budget. The 1994 estimate of your community's flow is based on
past flow records, precipitation trends and anticipated community
growth. The statement also shows any credits or debits from these
sources: Current Value Credit, Debt Payment Credit, and the 1992
Final Cost Allocation.
Along with the enclosed statement,
1992 Comprehensive Annual Financial
questions, please let me know. If you
of any of these documents or the MWCC'
Lois Spear at 229 -2017.
Very truly yours,
C -_� - 11: � 71 0, 4/,�,
Gordon O. Voss
Chief Administrator
GOV:SS:kme
ESTCA.SS
Enclosures
cc: MWCC Commissioners
Gordon O. Voss
Lois Spear
Steve Sielaff
am forwarding a copy of the
Report. If you have any
would like additional copies
s 1994 budget, please contact
Equal Opportunity/Affirmative Action Employer
•
MEMO
January 19, 1994
To: Al Rolek, Finance Director
From: Joel Dresel, City Engineer
Re: Lift Station Calibration
OSM File 5047.00
In October of 1993, we began an investigation of the sanitary flow rates through a few select lift
stations within the city of Shorewood. The purpose of this investigation was to determine the
average sewage flow rate per household per day based on lift station nun times or power usage.
Since that time, we have received the lift station run times for the last quarter of the vear and have
included them in our calculations. y
Based on the above, we have calculated a weighted average daily use per sewer connection of 388
gallons per day. This is based on a sample of 303 connections out of the estimated 2357
connections in the City. If the flow from these lift stations is assumed to be indicative of the City's
flows in general, then the total sewage flow would be about 334 million gallons (2357 households
X 388 gallons per day Z 365 days per year).
This should be a fairly conservative (high) estimate of the flows. Almost by definition, the areas that
are being served by lift stations are some of the lowest areas in town, and are usually near a lake.
Therefore, a greater rate of infiltration can be anticipated in these areas as opposed to the areas of the
city at a higher elevation. However, we simply do not have enough objective data about the flow in
the rest of the Citv to correct the calculations for this.
Hopefully, the attached spreadsheet and location map will help you in understanding the summary
outlined above. Please call me at 595 -5695 with any questions.
F
r'
SHOREWOOD LIFT STATION CALIBRATION
SUMMARY OF LIFT STATION DATA
LIFT STATION CONNECTION PER GALLONS PER CONNECTION
NUMBER LIFT STA _ PER DAY
5
104
408
6
25
814
10
54
116
11
45
336
15
75
445
WEIGHTED AVERAGE USAGE PER CONNECTION: (303 CONNECTIONS STUDIED)
387.9 GALLONS PER CONNECTION PER DAY
PROJECTED YEARLY FLOWRATE: (2357 CONNECTIONS)
333,712,310 GALLONS PER YEAR
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ANIOONY d .l' // � ( O _`L \ \Y`1.D
TO: Mayor & City Council
FROM: James C. Hurm, City Administrator
DATE: January 20, 1994
RE: Meeting with Jim Schmidt, Minnetonka Schools
Transportation Director
Mr. Schmidt provided the school bus stop schedule below. He
committed to adding a middle school bus stop on Brentridge Drive
next school year. He provided the attached sunrise /sunset chart.
Bus stop for grades: Bus stop for grades
Middle school grades 6 -8 R -5
High school grades 9 -12
d ;LAND
• �
ISLAND 6
'9 /ti R Q
C m
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5'785
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t
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5M17NT�WN o gM17N o
• W
'I L U
V
Grades 6 -8 pickup 8:01 am
drop off 3:40 pm
9 -12 pickup 6:34 am
drop off 3:20 pm
(no pickups this year)
STREET LIGHT LOCATIONS
• BUS STOPS
K -5 pickup 8:52 am
drop off 4:13 pm
NOTE: Howards Pt Rd & Brentridge
stops are different busses
JH /tln
12094.2
/Y
SUNRISE/SUNSET
DAYI
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6!35A 6:3 LA 6:03
7: l 1A 7 :31A 7:33A
7:52A
5 5 21P
b:00P
7:51P
:18P
SEP OCr NOV DEC JAN FEB MAR
MONTH
Note: Adjusted for change in Daylight Savings Time.
APR MAY JUNE
0
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
007
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
AND AMENDING THE POLICE AND FIRE ALARM PERMIT FEE
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section is 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
burning is not a necessity and adequate refuse collection
• service is available in the City, and therefore 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. 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 odor 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 fire 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.
B. Open Burning: "Open Burning" or "Open Fire"
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.
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.
Ordinance No. #94-
Page 3 of 4
Subd. 3. Open and Recreational Burning Prohibited Without a
Permit: From and after the effective date of this ordinance,
except as herein otherwise provided, open burning and
recreational burning shall be prohibited within the City of
Shorewood.
Subd 4. Exemptions: Open burning and recreational burning of
the types, and subject to the conditions as hereinafter
stated, shall be exempt with a perm;} from the prohibition of
Subd. 3 of this ordinance by permit only:
A. Recreational fires as defined herein.
B. Non - Recreational Open Burning: 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 for the instruction and
training of public and industrial firefighting
personnel.
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.
Ordinance No. #94-
Page 4 of 4
Subd. 6. Fees: Any person to obtain a permit for open burning
shall pay the required fee, as established herein and amended
from time to time by the City Council. The City Fire Marshal
shall have authority to waive the fee required under Subd. 4
of this ordinance if deemed to be in the best interest of the
health, safety and welfare of the citizens or for the
regeneration of vegetation.
Section 2: Chapter 1301 of the Shorewood City Code is hereby
amended by adopting the following:
City Code
Type of Charge /Fee Reference Charge /Fee
Recreational Fire Permit 501.03 No Charge
Open Burning Permit 501.03 $100.00 per site
Police Alarm Permits 601.06.1 $100.00 3rd false alarm
(within a 12 month period) and thereafter
Fire Alarm Permits 601.06.1 $150.00 2nd false alarm
(within a 12 month period) and thereafter
Section 3: This Ordinance shall be in full force and effect from
and after its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 24th day of January 1994.
Barbara J. Brancel, Mayor S
ATTEST:
James C. Hurm, City Administrator /Clerk
CITY OF SHOREWOOD
RESOLUTION NO. 94 -
A RESOLUTION ESTABLISHING A "PARKING BY PERMIT ONLY" ZONE
ON CHRISTMAS LAKE ROAD
WHEREAS, Christmas Lake Road is a narrow public street
designated in the Shorewood Trail Plan as a "walkway /bikeway trail (on-
street)" and therefore properly designated "no parking, both sides ";
and
WHEREAS, residents along this low traffic volume residential
street occasionally have a need for parking on one side of a portion of
Christmas Lake Road; and
WHEREAS, no parking, limited parking and parking by permit
only zones are authorized in Section 801.02 of the City Code.
NOW, THEREFORE BE IT RESOLVED that the west side of Christmas
Lake Road shall be designated a "Parking by Permit Only" zone. Said
zone shall be governed by all other parking restrictions established in
the City Code and by the following procedures.
• A resident of Christmas Lake Road or Christmas Lane may apply
for a permit at City Hall for a period not to exceed 72
hours.
• The City Clerk shall issue the permit during regular working
hours upon receipt of an opinion by the SLMPSD Chief and
Director of Public Works that conditions are such as to not
likely cause a public safety concern and upon receipt of a
$20.00 deposit for each bag taken by the resident to place
over the "No Parking Signs" which the applicant wishes to
cover.
• The applicant is responsible for covering the signs with the
sacks provided by the City during the prescribed time. The
applicant's deposit shall be returned upon receipt at City
Hall of the undamaged sacks.
• Permit may be rescinded at any time by the Police Chief,
Director of Public Works or Fire Marshal and sacks removed
should it be determined by any of the said Department Heads
that conditions have changed such that public safety concerns
may now exist.
ADOPTED by the City Council of the City of Shorewood this
24th day of January, 1994.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator /Clerk
MAYOR
Barb Brancel
COUNCIL
Kristi Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236
TO: Mayor and Councilmembers
FROM: Al Rolek
DATE: January 20, 1994
RE: Agenda Item No. 9, Request to remove penalty, Ben Smith,
0 4690 Lakeway Terrace
Mr. Smith is requesting that a late penalty assessed to his utility
account be abated. He maintains that he mailed his check for
payment on October 20, which is before the October 31 due date, but
that the check was not received by the City and did not clear his
bank.
This City Council has denied similar requests in the past because
the situation is a postal error and is beyond the control of the
Council. It was felt on those prior occasions that the petitioner
should seek restitution through the party responsible, the U.S.
Post Office.
Because of the situation, and the past precedent set be the
Council, it is recommended that Mr. Smith's request be denied.
•
A Residential Community on Lake Minnetonka's South Shore C f
MEMO
e ("7
16 .76
k1
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
DATE: 28 December 1993
RE: Einhorn, John - Setback Variance
FILE NO. 405 (93.35)
BACKGROUND
Mr. and Mrs. John Einhorn propose to replace their existing home at 5580 Howard's Point
Road (see Site Location map - Exhibit A, attached) with a new home. The proposed
location of the home (shown on Exhibit B) requires a three -foot variance to the 50 -foot
setback from Howard's Point Road. (Note: The survey shows a 44 -foot setback. The
applicants propose only a three -foot variance or 47 -foot setback.) As you may recall the
Einhorns were denied setback variances in 1991 which would have allowed them to build
eight feet closer to Howard's Point Road and 9.5 feet closer to Island View Road.
The existing home on the property (see Exhibit B) is very old and grossly substandard with
respect to setbacks. It is located only 14.3 feet from Island View Road and 22.6 feet from
Howard's Point Road. In their letter, dated 1 December 1993 (Exhibit C), they explain
that the variance is justified in order to minimize damage to existing trees on the site.
They have also submitted a petition signed by area residents in favor of their request.
ANALYSIS /RECOMMENDATION
Having reviewed the previous file on this property and personally field - checked
measurements on the site (particularly the location of the trees), there are a number of
factors relative to the case which support granting a three -foot variance:
1. While the location of the tree line appears accurate on the survey, the canopy of the
trees appears much larger on the site than on the survey. This may be due to the
difficulty in defining the edge .of the canopy. At any rate, these trees are worth
preserving. Moving the house, even three feet, away from the trees reduces the risk
of damage.
A Residential Community on Lake Minnetonka's South Shore 1 �P
Re: Einhorn, John
Setback Variance
28 December 1993
If the trees, in part, justify the variance, there should be assurances that they will be
protected, during and after construction. It is recommended that a construction
barrier (e.g. snow fencing) be erected no closer to the trees than the dripline. The
variance should also stipulate that the trees shall be protected in the future and that
they will not be cut down to accommodate additional buildings or expansion of the
prinicpal structure.
2. The right -of -way for Howard's Point Road is 66 feet wide. This is 16 feet wider
than a local street is required to be, and six feet wider than MSA streets are required
to be. Howard's Point Road is a proposed MSA route. While it is not suggested that
any of the Howard's Point Road r.o.w. be vacated, the additional three feet of r.o.w.
on each side of the street tends to offset the three -foot variance.
3. There are a number- of homes on Howard's Point Road, particularly on the west side,
north of the subject site, which are closer to the road than 50 feet. Consequently, the
three -foot variance will not alter the essential character of the neighborhood.
4. Although the applicant has not referenced it in his letter, he had given serious
consideration to simply adding on to the existing home. Construction of a new home
drastically improves the conformity of the property to zoning standards, despite the
three -foot variance.
5. Oftentimes variance requests are the result of property owners wanting to overbuild
for their property. The proposed home is not considered to be overly large.
Reducing the depth of the structure was considered, however, it is only 24 feet deep
to begin with.
Based on the preceding it is recommended that the three -foot variance be granted subject to
the following conditions:
a. Snow fencing must be erected as a construction barrier prior to excavation
for the new home.
b. No additional structures or expansion of the new house be allowed which
will result in damage to the existing trees.
cc: Jim Hurm
Tim Keane
John and Julie Einhorn
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Exhibit A
SITE LOCATION
Einhorn setback variance
h: -•tip >\ c6)_^
P-A
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Al-!4
-' pry. /o mtos 00 .9„d. Sub.
0.367
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to ��k,
LEGAL OF PREMI SURVEYED:
Lot 20, Auditor's Subdivision No. 367, Hennepin County, Minnesota.
This survey is intended to show the boundaries of
and of the location of all existing buildings the
existing building on an adjoining lot, and the pr
building. It does not purport. to show any other ii
Exhibit B
PROPOSED SITE PLAN
Shows existing and proposed structures
I hereby certify that this survey was prepared by
or under my direct supervision, and that I am a duly
re0ictPrrd ri,,;i c.,..;.,
December 1, 1993
City of Shorewood
5755 Country Club Road
Excelsior, MN 55331
Re: Setback Variance Request
To Whom It May Concern:
W®- are writing to request a 3' setback variance from Howards Point Road
in order to build a new home.
i As you may recall, we requested an 8' and 9.5' variance off
Islandview Road and Howards Point respectively in 1991 and both
variances were denied. At the suggestion of staff members Patty
Helgeson and Brad Neilson, we are attempting to comply with the city
code by changing our original plans. We are now proposing to build a
new home with a 50' setback from Islandview Road which will require the
removal of 1 or 2 mature white pines. The proposed Howards Point
setback is 47' and will eliminate the possibility of including a second
level deck off the back due to the proximity of enormous white pines.
On September 9, Brad, the City Planner, visited our property at our
request in an attempt to assist us in finding away to save the house
plan we purchased. Brad suggested the following:
1. The canopy of the pine trees are much larger than our original
survey depicts them and perhaps they were not accurately placed.
2. Howards Point Road is a 66' wide right of way while most other
Shorewood roads are only 50' to 60' wide thus the unused portion
that we maintain includes at least 3 more feet than the vast
majority of other Shorewood lots.
We respectfully request that this single reduced variance be granted to
save the house plan we purchased in 1991 and allow us to begin our
project in the spring of 1994.
Sincerely,
John and Julie Einhorn
5580 Howards Point Road
Excelsior, MN 55331
474 -9729
Exhibit C
APPLICANT'S REQUEST LETTER
August 28, 1993
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
To Whom It May Concern:
We, The undersigned Neighbors of John and Julie Einhorn,
Support the proposal to replace the existing home with a
new home at 5580 Howards Point Road. We understand that
the plan requires a 6 foot setback variance from Howards
Point Road. We understand the proposed setbacks will be
44 feet from Howards Point Road and 50 feet from Island
View Road. The existing setbacks are 22 feet and 14 feet
respectively.
• We believe it is in the best interest of our neighborhood
that this variance be granted to the Einhorns.
NAME ADDRESS
•
,� C� 1 �'1, /` ;rte I-, V � � �� ��`✓
Exhibit D
NEIGHBORHOOD PETITION
MAYOR
Barb Brancel
COUNCIL
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
DATE: 29 December 1993
RE: Waterford Commercial - Site Plan Review
FILE NO.: 405 (93.30)
BACKGROUND
Jeffrey Schoenwetter, representing JMS Equities, Inc., proposes to develop the commercial
portion of the Waterford P.U.D. He has submitted plans for the first phase - the strip
center to be located on the west end of the site (see Site Location map - Exhibit A,
attached). Shorewood's zoning regulations and the development agreement for the P.U.D.
require site plan review by the Planning Commission and approval by the City Council.
The first phase of the commercial development is located on the westerly 3.41 acres of the
site, as shown on Exhibit B. The strip center contains 24,250 square feet of gross floor
area. The building floor plan and elevation are shown on Exhibit C. Proposed landscaping
is shown on Exhibit D. The applicant's proposal is described in his letter, dated
10 December 1993 (Exhibit E).
ISSUES AND ANALYSIS
The applicant's plans have been reviewed based upon the original Waterford Design
Framework Manual, approved in 1984, the Development Stage Plan and Preliminary Plat
approved in 1990, and the Declaration of Restrictive Covenants executed in 1991. The
following issues should be considered in evaluating the JMS proposal:
A. Proposed Uses. Although still somewhat tentative, proposed tenants for the strip
center are shown on Exhibit C. These uses are all consistent with the previously
approved plans. Certain restrictions which have been imposed on various uses:
A Residential Community on Lake Minnetonka's South Shore �, C 1
a
Re: Waterford Commercial
Site Plan Review
29 December 1993
1. Hours of operation for the c -store and gas facility are limited to between
6:00 a.m. and 12:00 midnight.
2. The family restaurant hours are 7:00 a. m. to 11:00 p.m.
3. The family restaurant shall not sell liquor.
4. The fuel tanks for the gas facility shall be double -wall construction.
5. No outdoor storage, display or sales is allowed.
The applicant's letter takes issue with some of these restrictions. While they should
be discussed in this review, the applciant is aware that changing these restrictions
would require a public hearing.
B. Building Plans. The floor plan has been slightly modified from the approved
development stage plan, for the better. The original layout showed the c -store and
gas canopy at a 90 degree angle to the shopping center. The new plan angles the
store and canopy at 45 degrees, fitting better into the site.
The facade has also changed for the better. Considerably more brick has replaced
stucco, over a short decorative block base.
The roofline of the building has also been improved. The applicant proposes a full
hip roof, whereas the previous plan included a partly hip, partly flat roof system.
is Only the roofing material is questionable. Previous plans included standing seam
aluminum or artificial slate shingles. It is recommended that if asphalt shingles are
allowed, they should at least be the thick, textured style (such as Timberline).
C. Site Plan. Exhibit D illustrates how the building and parking are located on the site.
The plan needs to be revised as follows:
1. A twenty -foot setback must be maintained across the entire front of the site.
Setbacks as shown are as little as five feet.
2. The rear driveway encroaches three feet into the 50 -foot setback area.
3. Based upon the size of the building, 133 parking spaces are required. Only
125 spaces are shown on the plan. The applicant may remove the third
driveway and fill the space with parking.
-2-
. Y
Re: Waterford Commercial
Site Plan Review
29 December 1993
4. The City Engineer will comment under separate cover relative to the
specific location of curb cuts on Brom's Boulevard.
5. The Fire Marshal has reviewed the plan and recommends the following:
a. Fire hydrants must be located so that no portion of the building will
be more than 300 feet from a hydrant. It appears that two will be
required.
b. "No parking - fire lane" signs must be posted along the easterly
driveway, behind the building, on the northwest and northeast sides of
the c -store and in front of the fire hydrants.
D. Landscaping. Two words - more, bigger. Landscaping is considered key to the high
quality image which has been proposed for the Waterford P.U.D. The plan should
include earth berms at least three feet in height across the entire front of the
commercial site. The plan as shown on Exhibit C is devoid of any low- growing
shrubbery in the front yard setback area. The Waterford Design Framework Manual
calls for plants which provide "seasonal interest". From the plant list in the manual,
shrubs should be placed on the berm as base plantings. The development stage
approval required that shade trees adjacent to the entries be five inches caliper.
Landscaping in the rear yard setback area needs to be increased to enhance the buffer
between the commercial and residential portions of the P.U.D.
0 RECOMMENDATION
The issues discussed herein have been reviewed with the developer. He has agreed to
revise his plans to address these items. The revised plans will be presented at the Planning
Commission meeting on 4 January.
cc: Jim Hurm
Joel Dresel
Tim Keane
Jeff Schoenwetter
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A
JMS COMPANIES
4806 Paris Glen Road
Minneapolis, MN 55416 -5702
Office: 612- 922 -1981
Fax 612 - 922 -1997
December 10, 1993
Mr. Brad Nielsen
City of Shorewood
• 5755 Country Club Road
Shorewood, Minnesota 55331
RE: Waterford Fifth Addition
Dear Mr. Nielsen:
Pursuant to our recent conversations, I wish to use this correspondence
to summarize some of my open concerns as well as satisfy your request for a
short narrative regarding the above referenced project.
Our project is in substantial conformity with the project contemplated in
the 8/84 "Waterford Design Framework Manual ". The architectural style is
basically that of a residential flavor that has previously been contemplated, with
10 the exception that we have improved the street -scape by angling the westerly
end cap of the center. We have also improved ingress and egress from the site
by adding an additional curb cut. This curb cut not only creates a safer traffic
flow, but will be effective via a cross easement for future ingress and egress to
the outlot that the "shadow plat" shows as a future pad site.
I understand that the City will require deeded ownership.-of the drainage
pond. JMS will comply with this requirement, however, would it be possible to
receive some sort of "park fee" credit for this donation?
The landscape plan is predetermined within the "Waterford Design
Framework Manual" as well as the PUD agreements. You should have received
this under separate cover and I am certain it is consistent with those
agreements.
JMS Equities, Inc. I JMS Homes I JMS Realty
JMS Development Corporation 14725, Limited
Exhibit E
APPLICANT'S REQUEST LETTER
Dated 10 December 1993
My most significant concerns are with the neighborhood convenience /gas
operation located at the west end of the strip center. After reviewing much of the
history surrounding this portion of the development, I would propose the
following standards for a modern development of this type be imposed. The
underground storage tanks shall conform the MPCA design requirements.
Although the contemplated hours of operation are perceived as an undue
hardship, and certainly diminish the value of the center, we would appreciate
any flexibility the City could share with us in this regard. Lighting of the multiple -
pump islands is of significant concern. We have carefully integrated the canopy
design with the building. The canopy will shelter, as well as light, the tandem
pairs of islands. Pursuant to your concerns, our architects have consulted with
lighting engineers to minimize 'light pollution" at the site. We anticipate minimal
"candle power" readings at our property lines, due to engineering "down
lighting ". However, the contemplated early shut down of the lights nearest
Highway 7 and farthest from the building creates substantial liability. The
is safety of the neighborhood residents /patrons could be compromised in certain
situations due to inadequate lighting. Therefore, at this time, we have an
opportunity to correct this potential hazard.
Additionally, I have concerns regarding the viability of a "sit- down" family
restaurant as opposed to a "fast- food" that may not be the preference of the
residents, or a "night- club" type restaurant. The lower traffic and slower paced
dining experience enjoyed by the family patrons of the anticipated "sit- down"
family restaurant would, according to our restaurant leasing experts, prefer the
option of a glass of wine with dinner. The availability of "3.2 beer" and wine
substantially increases the probability of long -term success for the restaurant
establishment at this site. The benefits of an established peaceful family
restaurant are too numerous to define.
The signage plan criteria is vague. My interpretation is that the strip
center would have one monument/pylon style sign identifying it by name. Each
of the three easterly pad sites would have their own pylon, as well as the
westerly most gas /convenience operation. All signs would conform with the
Shorewood sign ordinance. Our architect will be designing all signage for the
site to create a blended theme commensurate with the subtle, understated tone
contemplated in the "Waterford Design Framework Manual ".
Some of the business issues on which I would appreciate clarification are:
(1) do three sewer unit credits exist from the town home development? (2)
pursuant to paragraph 21 of the PUD agreement, relative to the donation of the
trail and contemplated donation of the pond herein, how many park fee credits
will result? and (3) could you estimate what SAC/WAC charges will result from
this development to assist in my development budget proforma?
The last business issues are the requirements for security contemplated
in the developers agreement. We would prefer, rather than posting a bond or a
letter of credit, to elect the third option of providing the City, through our
development lender, the "alternate security agreement ".
We look forward to working again in the City of Shorewood and are
pleased to contribute a quality development of significance to your City. Please
feel free to contact me directly with any concerns or questions.
; Sincerely,
rey M. Schoenwetter
President
1 0 JMS EQUITIES, INC.
JMS /rn
cc: David Sebold
Paul Tucci
Gary Tushie
•
Orr
Schelen
t � Mayeron &
Associates, Inc.
January 4, 1994
Mr. Brad Nielsen
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Waterford 6th Addition
Commercial Development Area
Comm. No. 5047.03
Dear Brad:
Engineers
Architects
Planners
Surveyors
We have completed our review of the preliminary site and utility plan for the referenced
project. The following list of items should be addressed before plan approval.
1. The 8" watermain completing the loop to the Shady Hills Addition, as per the
Developer's Agreement, should, perhaps, be included under this phase of the
development.
2. The soil borings indicate poor soil conditions at the east end of Outlot A of the 6th
Addition. A deep cut /fill area or a pile foundation may be required for a building
at this location.
3. The center entrance to the site may not meet minimum sight distance criteria for
vehicles exiting the site, depending on the proposed landscaping along the boulevard
area west of this entrance.
4. A drainage easement should be provided for the storm sewer outlet from the
detention pond to Brom's Boulevard.
This review has been prepared strictly from an engineering standpoint with regard to traffic,
grading and drainage issues.
Sincerely,
ORR- SCHELEN- MAYERON
& ASSOCIATES, INC.
/Joel resel, P.E., L.S.
City Engineer
nm
H: \CIVIL \NM \ENGINEER \JAD \LETTERS \010494.BN Equal Opportunity Employer
�a
L
300 Park Place Center
5775 Wayzata Boulevard
Minneapolis, MN 55416 -1228
612 -595 -5775
1 -800- 753 -5775
FAX 595 -5774
C Z
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING THE FINAL PLAT OF WATERFORD 6TH ADDITION
WHEREAS, the final plat of Waterford 6th Addition 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
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
• Shorewood as follows:
1. That the plat of Waterford 6th Addition is hereby approved.
2. That the approval is specifically conditioned upon the terms and conditions
contained in Shorewood Resolution No. 100 -90, approving a revised Development Stage Plan
for the Waterford P.U.D., and the Declaration of Restrictive Covenants, dated 27 June 1991,
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 on behalf of the City Council.
4. That the final plat, together with this Resolution, shall be filed and recorded
within thirty (30) days of the date of certification of this Resolution.
i BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by
the Mayor and City 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 24th day of
January, 1994.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator /Clerk
MAYOR
Barb Brancel
COUNCIL
Kristi Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
•
•
CITY OF
S HOREWO OD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 a (612) 474 -3236
TO: Mayor & City Council
FROM: James C. Hurm, City Administrator
DATE: January 13; -1994
RE: Beverly Drive /Cajed Lane Survey to be Discussed at the
January 24th City Council Meeting
Copies of the individual survey responses sent December 21, 1993
are attached. Following is a summary of results:
Surveys Surveys
# of Returned: Returned:
Surveys "No further action "Continue to
Street Sent need be taken" Consider Options"
Beverly Dr 13 2 2
Cajed Lane 5 1 1
Cathcart Dr 11 4 0
Smithtown Rd 3 - -
Afton Rd 9 2 0
42 9 3
cc: Memo copied to area residents
A Residential Community on Lake Minnetonka's South Shore �F l 1 6
ADDRESS:
Check One:
j� New signage has been effective enough that no further
action need be considered at this time but continue to
monitor the situation.
New signage has not been effective, therefore we should
continue to consider other options.
Comments:
•
Return to: James C. Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
ADDRESS:, -S % -i. i /-, / &
Check One:
_ New signage has been effective enough that no further
action need be considered at this time but continue to
monitor the situation.
New signage has not been effective, therefore we should
continue to consider other options.
Comments:
Return to: James C. Hurm, City Administrator � _ ly ^L'
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
ADDRESS: a�
Check One:
New signage has been effective enough that no further
action need be considered at this time but continue to
monitor the situation.
New signage has not been effective, therefore we should
continue to consider other options.
•
L�
,.- G ���''7'L- f�2•Q� cL s�-E' �'tG'LL �= -G�� f/[/ 2 -� C�-- a-L -� � r'� - 7'�2G7t��i �c:,�G2- ���
I' A
Return o• James C. Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Comments: �GfiLS .�litG 1 G���7 �lGZs�t« cVt ell
r r,.
ADDRESS: -5x
Check One:
New signage has been effective enough that no further
action need be considered at this time but continue to
monitor the situation.
New signage has not been effective, therefore we should
conti to nue consider other options.
Comments:
•
Return to: James C. Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
JAN 3 1993
ADDRESS: Z
Check One:
New signage has been effective enough that no further
action need be considered at this time but continue to
monitor the situation.
New signage has not been effective, therefore we should
continue to consider other options.
Comments: % S s Lta me �4
4k4 4L
Return to: James C. Hurm, City Administrator
City of Shorewood
• 5755 Country Club Road
Shorewood, MN 55331
ADDRESS: �� J
Check One:
01 /1"1 41- -
New signage has been effective enough that no further
action need be considered at this time but continue to
monitor the situation.
New signage has not been effective, therefore we should
continue to consider other options.
Comments: 114 �-Q-�
�
Return to: James C. Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
le
ADDRESS: `_' (� V / L C� f !�✓ /l- G '5�"f`�
Check One:
New signage has been effective enough that no further
action need be considered at this time but continue to
monitor the situation.
_ New signage has not been effective, therefore we should
continue to consider other options.
Comments: +"� "� %� C�✓ r / �--
•
Return to: James C. Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
L % ✓T� /�� S AIJI
�5�� ✓rte e�.�,�
ADDRESS:
Check One:
New signage has been effective enough that no further
action need be considered at this time but continue to
monitor the situation.
New signage has not been effective, therefore we should
continue to consider other options.
Return to: James C. Hurm, City Administrator
City of Shorewood
• 5755 Country Club Road
Shorewood, MN 55331
City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331 -8927
Dear Mayor, City Council, and City Administrator:
Re: Beverly Drive /Cajed Lane Street Traffic Issue
December 14, 1993
26960 Beverly Drive
Shorewood, MN 55331
I have received the December 7th letter from James Hurm, City Administrator, and have
several comments about the city staff conclusions and recommendation. Please review
these before further consideration and action on this issue at the January 10, 1994
meeting.
First, in reading the "Summary of Comment Sheets" I do not agree with the statement that
there is no consensus on the options presented. (By the way, I was not aware that a
consensus was required, nor do I believe it conceivable that it ever could be acquired in
such a matter.) As I review the comments it appears to me that a very strong and clear
consensus exists among the residents primarily affected by either of the cul -de -sac options
#1 or #2 -- that is, the residents of Beverly and Cajed. They want a cul -de -sac! These
residents are the ones who would be most directly affected by a cul -de -sac that would
change their residential access. The other consensus that I see is that #3, which created
"no right turn/no left turn" traffic patterns, was the least favorite of these residents. Yet
the city staff recommendation results in exactly that type of inconvenience to the residents
of Beverly /Cajed.
Secondly, the statement that residents of nearby streets are not so positive towards a cul-
de -sac appears to overstate the summary of comments. The Afton residents indicate no
negativity towards the preferred Beverly /Cajed cul -de -sac, but rather a "wait to see what
would happen on Afton" attitude. Only the Cathcart comments indicate negative concern
for increased traffic on that designated feeder road. The only residents that could see
increased traffic are those living between Smithtown and Beverly. The city staffs "no
right turn/no left turn" recommendation will clearly increase traffic to these residents, and ,
in fact, to an even larger degree than a cul -de -sac because now the residents of
Beverly /Cajed will have to use Cathcart more to "go around the block" to get home.
In summary, the Beverly /Cajed residents want a cul -de -sac and simple in and out access;
Afton residents are neutral; and Cathcart residents are going to see increased traffic with
either the cul -de -sac, or "no right turn/no left turn" recommendation. Question: Is law
enforcement going to be more of a problem with a "no right turn/no left turn" solution, or
a cul -de- sac? Why not give the residents of Beverly and Cajed, the solution that they
prefer since it impact them the most? If the City Council absolutely refuses to consider the
cul -de -sac option, then I will reluctantly try the city staff recommendation on a trial basis.
Our residential traffic must be reduced!
•
Sincerely,
Dale and Karan Newberg 470 -5116
1993
ADDRESS :
Check One:
New signage has been effective enough that no further
action need be considered at this time but continue to
monitor the situation.
New signage has not been effective, therefore we should
continue to consider other options.
Comments:
a
Return to: James C. Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
7
ADDRESS: tl� Q t h Q l �X �� CCU r
Check - one:
New signage has been effective enough that no further
action need be considered at this time but continue to
monitor the situation.
New signage has not been effective, therefore we should
continue to consider other options.
Comments:
67 -- 7 - S
Return to: James C. Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
ADDRESS: y cv-kwt &I VC'_,
Check One:
New signage has been effective enough that no further
action need be considered at this time but continue to
monitor the situation.
New signage has not been effective, therefore we should
continue to consider other options.
Comments:
Return to: James C. Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
ADDRESS: 60? e. 0,67A C . R I Le,
Check One:
New signage has been effective enough that no further
action need be considered at this time but continue to
monitor the situation.
New signage has not been effective, therefore we should
continue to consider other options.
Comments: Wo�Lat )e� uC�6 q= �' - TP e S A ss o S u �2d'�2ss
1 �LF Ot R�
es�'r �pQ,p A R� G LoS�'rJ °} St Lew t s `70
d
31 eA fi Q O y 6 w., c� `\ t� t Q �
6
Return to: James C. Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
_f
CHECK APPROVAL LISTING FOR JANUARY 24, 1994 COUNCIL MEETING
CK NO TO WHOM ISSUED PURPOSE AMOUNT
CHECKS ISSUED SINCE JANUARY 6, 1994
12983
(G)
Commercial Life Ins Co
12984
(G)
Mn Mutual Life Ins Co
12985
(G)
League of Mn Cities
12986
(G)
Medcenters Health Ins
12987
(G)
Medica Choice
12988
(G)
Pera
12989
(G)
Theresa Naab
12990
(G)
Patricia Helgesen
12991
(G)
AFSCME Council #14
12992
(G)
US Postmaster
12993
(G)
Harold Dircks
12994
(G)
Phil Tipka
12995
(G)
Bradley Nielsen
* 996
(G)
Joseph Pazandak
2997
(G)
Wendy Davis
12998
(G)
City Cty Credit Union
12999
(G)
US Postmaster
13000
(G)
Mike Malm
13001
(G)
First State Bank
Jan life insurance
50.15
Jan disability insurance
81.00
Jan dental insurance
454.59
Jan health insurance
1,117.41
Jan health insurance
4,528.20
Jan emp'ee addtl life ins
54.00
Mileage /tuition reimbursement
164.28
Sec 125 reimbursement
425.00
Jan delta dental
224.00
Utility billing postage
424.47
Parks mileage
39.48
Sump pump inspections
1,078.00
Sec 125 reimbursement
100.00
Mileage /photos
88.64
Sec 125 reimbursement
140.00
Payroll deductions
280.00
Sump pump mailing
37.62
Sump pump inspections
1,558.20
Payroll deductions
6,250.66
TOTAL CHECKS ISSUED 17,095.70
•
-1-
CTTY OF 8HORFWUOD
'
CH�CK
APPROVAL iISTTNG
FOH .lAhUA�Y �4 ` ivv* MT�
CHF(
--------
VENDOR NAME
-------------------------
DES CRT PTION
------------------------
DFPT-
--------
AMOUNT
----------
13002
AMFRTCAN NATTONAL BANK
PUB FFF8-17f�4 BOND
--------
98'��
13083
ADAMS USA, INC'
FREEMAN PK MAINT
PARKS &
682-1S
13804
4M�RICAN ENQTNEERTNQ
ENGTNEERlN8 SFRVICE8
--------
853'50
13O0S
AM�RTCAN NATIONAL BANK
MATURED BONDS
--------
485,000'U8
FEE8/TNTFRF8T
--------
14,915 '0 U
M 8ONDS
--------
8 `
JNTEREST/FFFS
--------
255,003'75
MATURED BONDS
--------
105 `080'88
JNTEAF3T/FEES
--------
23,487'5U
TOTAL
FOR AMFRTCAN NATTONAL BA
732,326-25
13006
B & J AUTOMOTTVF
44 VEHTCLFF MATNT
PUB WK8
6
13007
8IFF8, TNC-
3ATELLITE RENTAL
P QKS &
379 -15
13O0P-3
BRYAN ROCK PROOUCT3, TNC'
FRIFEMAN PK ROCK
PARKS &
955, '33
130O9
CHANH4SSFN—CTTY OF
OCT ANTMAL CONTROL
PR0T IN8
`
1,05in-08 �
150lU
C3�43 KA BUILDrN TER
2 4 2 '9q
MANHULF MAfNT
SEWER DE
57'44
TUTAL
FOR BUTLDTNG. CFNT
388-43
1. 3011
ERICK��N QOLF F-A'
A, FEE
PROF SFR
3,238-O0
A�3E33TN� 9UPPLTES
PROF SEA
116-63
TOTAL
FOR FRICK8ON, ROLF F'A-
3,346'63
13O12
EXCFLSTOR—CJTY 8F
18T Q.TQ FTRE CONTRACT
FTRE PRO
26.15&
`
13O13
FEFO—ATTF CONTROi5, TNC-
CHFMICAL8'DEMUARA8E
WATFA DE
1,131-
13014
GOPHFR STATI- CALL, IN
ONE' CALL SF RVICE8
WATFR DE
13'50
ONE CALL SERVICES
SFWFR OF
13-50
TOTAL
FOA Q0 PHF R STATE ONE—CAL
?7
-8U �
1301S
HANC� HARDWARE, TNC
PTPF FTTTTNG3
PUB W&S
11'89
1
J'RAFFTC CONTROL SUPPLS
CTTY GAQ
`
CI TY OF ;:iliOREW
{:1'II"I^ APPRO I . I ST 1 Ni.ci
FOR JANUARY 24, 1994 Mn'i
CH K4 VENDOR NAME DESCRIPTION DEPT- A1✓f>71.1NT
C A80 P RELA T I ONS AS S O C- SERVIC RENDERED
13023
L ARK I N , HOFF1 °iti'N , 1JAL Y - _ -
NOV
L FGAL..- Gl ='N RAL.
PUB WK S
474.98
NOV
L. CAl..— Cl- ll..JRCl-! t' O
TOTAL..
! =ClR ML)NITFCl-1_ T� -
NOV
L..F GAL. —MWCC:,r
MT SC MA SU
S E A S . M ... r '•.
... M . t.. T , ,
NOV
L.F=GAL. —L.TQ STOR1:. I
+ r ._
CI T Y � r {a A R
TOTAL..
FOR
LARKIN, HCIi°i ~ i°i(=N, DAL
1 3024
MIDWEST BUSI PRODUCTS
{'.II' FIC.:t-
SUPPLI
1.302.5
MTt+ +NCOMM PAG ING
PAGER
FOR NAVA TRUE
11§3026
t °itd 51..1'•1 i= '1.Itl..ICATTCIi''•i::,
PL.lBt..
lSlr.tNG
SAFETY D[ -P
COURT 0T; SOOK rNG i -F::F-
PUBLISHING
534.19
(= TOTAL..
F OR
MN S)..JN PUBLICATIONS
ICATIONS
1 30 27 MINNESOTA L °I A'( O R S ASSOC. . .l. 9 4 1-)UES
13028 WM _ (•'ii..Jt=1..l...ER ,'w SONS INC.
SAND {=t:1R ICE CONTRO
13 029 ML.JN I TF C i . I NC ..
O ) i.`A PAY MEN T
PUB WK S
474.98
CONT t,'r-'C rJAY .— sI
PTTN1=Y— t:;ClWF=S INC-
TOTAL..
! =ClR ML)NITFCl-1_ T� -
Ml. N BLDG
a.; " 1 .. 30 N f=+ i J`! - R RE TR VA
MT SC MA SU
S E A S . M ... r '•.
... M . t.. T , ,
... CR
MISC M',INT SUPPLIES
+ r ._
CI T Y � r {a A R
59
M MAI S1.11-•'!-
MT SC 1 SUPPL
MTS MA ENT SUPPL.TL:.S
PARKS
I�� l+::, &
42.5'-
1•'ITSC MAINT SUPPLIES
TOTAL..
FOR NAVA TRUE
VALUE
ADM T N 825.00
PROF SER 3,590-90
PROJECTS 208-97
SEW OF 1,
301 - 50
, 32a - 77
CAL:.''! GOVT 1.0.55;
GFN GOVT 26 - 64
1 06 . 56)
COUNCIL 2 0 . 000
SNOW & T 900 . 5:1.
WATER OF 3 o 7?0 -00
SEWER OF 2,420
CITY GA 36.
PUS W i'L.. S 1 - 7 ",
CITY G 1.6
PARKS & 20.7
PARKS & 45.56
_ _......._ __ 38 _ 30
253 -75
13031
NORTH
WAT PUMP
PUB WK S
474.98
13032
PTTN1=Y— t:;ClWF=S INC-
POSTAGE MACHINE RENTAL
Ml. N BLDG
87 -S6
1 3033 7, 7,
S E A S . M ... r '•.
... M . t.. T , ,
... CR
SA B RE �.: e'+
. ,•� F°, . r... . t-i �nl
+ r ._
CI T Y � r {a A R
59
ir�l +' l-1 VACUUM
PARKS
I�� l+::, &
42.5'-
TOTAL
I=(.lR SEARS COlfrMERCTAL CR).=
102.21
13 034
SO L..K MTV:; , PUS
SAFETY D[ -P
COURT 0T; SOOK rNG i -F::F-
POLICE ICt:. P
534.19
Ji-'iN CONTRACT PAY MENT
POLICE P 34,
3035
SUBU RBAN TIRE {::
[.1 _ , INC.
V FH I {iL. i:. TfRFS
Pl.il:, ItJk: S
310-51.
13 036 ,6
T "t Mi:_ c ;::;'•i OF
STTF S E C
M l NL.1T S
PLA
:1.61 _ . -
). .'i 1 . Im
(I.II''li,.= AU 10 Al'!,!
rr i
HOW T.Ii. �
+ ' - (�) I:.. (1? f f'1 I SUP PI ) i�. ;,i
- ).)I'i li• �,..
A .
CITY OF SHOREWOOD
CHECK APPROVAL LISTING
FOR aANUARY 24, 1994 MTG
CHF=CK# VENDOR '•AMC' DESCRIPTION DEPT_ AreOUN1
*** TOTAL FOR TONKA BAY—CTTY OF- 475-0)
13039 TWIt''•d CITY WATER CLINIC DEC WATFR TESTING WATER OF 20-00
13040 WIDMER, INC. PAY VOUCER NO. 1 — SEASONS 224,390.38
TOTAL CHECKS FOR APPROVAL 1,054,362.67
TOTAL CHECK APPROVAL LIST 1,071,453.37
•
11
—4—
1 —�, � i
CHECK APPROVAL LISTING FOR JANUARY 24, 1994 COUNCIL MEETING
CK NO TO WHOM ISSUED HOURS AMOUNT
CHECK REGISTER FOR JANUARY 1 1__1994 PAYROLL
208011
(G)
Barbara Brancel
Mayor
233.87
208012
(G)
Bruce Benson
Council
184.70
208013
(G)
Robert Daugherty
Council
184.70
208014
(G)
Daniel Lewis
Council
184.70
208015
(G)
Kristi Stover
Council
184.70
TOTAL PAYROLL 972.67
•
-5-
CHECK APPROVAL LISTING FOR JANUARY 24, 1994 COUNCIL MEETING ra
CK NO TO WHOM ISSUED HOURS AMOUNT
CHECK REGISTER FOR JAN UARY __11, 1994 PAYROLL
208016
Void
208017
(L)
Scott Bartlett
24.0
reg
hours
141.40
208018
(G)
Randie Berg
36.0
reg
hours
198.30
208019
(G)
Eric Chiles
13.0
reg
hours
69.04
208020
(G)
Jeff chiles
8.5
reg
hours
45.14
208021
(G)
Charles Davis
80.0
reg
hours -2
of
653.90
208022
(G)
Wendy Davis
80.0
reg
hours -3.75
of
813.86
208023
(G)
Harold Dircks
80.0
reg
hours
194.73
208024
(L)
John Fruth
12.0
reg
hours
69.44
208025
(G)
Amy Grahn
67.0
reg
hours
257.00
208026
(G)
Alan Haskins
22.75
reg
hours
105.05
208027
(G)
Patricia Helgesen
80.0
reg
hours
611.63
208028
(L)
Shawn Hempel
46.75
reg
hours
231.23
208029
(G)
James Hurm
80.0
reg
hours
1,445.73
208030
(L)
Brian Jakel
19.5
reg
hours
109.9'
208031
(L)
Loren Jones
17.25
reg
hours
93.c
208032
(L)
Martin Jones
9.0
reg
hours
33.19
208033
(L)
William Josephson
80.0
reg
hours
631.55
208034
(L)
Mark Karsten
70.5
reg
hours
344.61
208035
(L)
Sandra Klomps
20.0
reg
hours
107.13
208036
(G)
Douglas Koerting
46.5
reg
hours
208.74
208037
(G)
Jason Koerting
54.0
reg
hours
259.31
208038
(G)
Brian Kohout
27.0
reg
hours
124.67
208039
(L)
Susan Latterner
42.0
reg
hours
228.43
208040
(G)
Colleen Lindskoog
37.25
reg
hours
227.77
208041
(G)
Joseph Lugowski
80.0
reg
hours -4
of
803.15
208042
(L)
Russell Marron
33.0
reg
hours
187.52
208043
(G)
Thomas McKinney
35.5
reg
hours
188.51
208044
(L)
Jill Moore
12.0
reg
hours
63.21
208045
(G)
Theresa Naab
80.0
reg
hours
668.18
208046
(G)
Lawrence Niccum
80.0
reg
hours -5.5 of
886.60
208047
(G)
Bradley Nielsen
80.0
reg
hours
1,000.4,
208048
(G)
Joseph Pazandak
80.0
reg
hours
1,035.8.
208049
(G)
Daniel Randall
80.0
reg
hours -4
of
844.16
208050
(L)
Brian Roerick
6.5
reg
hours
38.42
208051
(G)
Alan Rolek
80.0
reg
hours
1,225.54
208052
(L)
Brian Rosenberger
30.25
reg
hours
158.24
208053
(L)
Christopher Schmid
80.0
reg
hours
444.70
208054
(G)
Howard Stark
80.0
reg
hours -1
of
683.86
208055
(G)
Beverly Von Feldt
80.0
reg
hours
611.43
208056
(G)
Ralph Wehle
82.0
reg
hours -6
of
735.62
208057
(L)
Dean Young
80.0
reg
hours
640.97
208058
(G)
Donald Zdrazil
80.0
reg
hours
1,158.26
TOTAL GENERAL
TOTAL LIQUOR
TOTAL PAYROLL
15,056.49
3,523.06
18,579.55
Z.
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, JANUARY 4, 1994
CALL TO ORDER
MINUTES
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
I
Chair Rosenberger called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Chair Rosenberger; Commissioners Bean, Borkon, Foust, Malam, Pisula
and Turgeon; Council Liaison Lewis and Planning Director Nielsen.
APPROVAL OF MINUTES
Borkon moved, Pisula seconded to approve the minutes of the Commission's
December 7, 1993 meeting.
Motion passed 7/0.
1. 7:00 PUBLIC HEARING - SETBACK VARIANCE
Applicant: John Einhorn
Location: 5580 Howard's Point Road
Chair Rosenberger announced the case and outlined the procedures for a public
hearing.
Nielsen reviewed the Einhorn's request for a 3' variance to the 50' setback from
Howard's Point Road in connection with the location of a new home to be constructed
to replace the existing home at 5580 Howard's Point Road. The existing home is old
and grossly substandard with respect to setbacks in that it is located only 14.3' from
Island View Road and 22.6' from Howard's Point Road. In 1992, the Einhorns were
denied setback variances which would have allowed them to build 8' closer to
Howard's Point Road and 9.5' closer to Island View Road. The Einhorn's letter dated
December 1, 1993 explains justification of the variance to minimize damage to
existing trees on the site. A petition signed by area residents favoring the request
was also submitted. Nielsen described the location of the existing home and the
proposed location of the new home. The primary concern is preservation of two lines
of old large white pines on the site. Nielsen explained the location of the tree line
appears accurate on the survey, but a field -check of the site indicates the canopy of
the trees appears much larger than shown on the survey.
Several factors support granting the requested variance: 1) Moving the house 3' away
from the trees reduces the risk of damage to the trees. 2) At this location, the right
-
1
PLANNING COMMISSION MINUTES
January 4, 1994 - PAGE 2
of -way for Howard's Point Road is 66' wide, 16' wider than a local street is required
to be and 6' wider than MSA streets are required to be (Howard's Point Road is a
proposed MSA route.) The additional 3' of r.o.w. on each side of the street tends to
offset the 3' variance. 3. A number of homes on Howard's Point Road, particularly on
the west side north of the subject site are closer than 50' to the road, thus the 3'
variance will not alter the character of the neighborhood. 4. Construction of a new
home, (rather than adding to the existing home) drastically improves the conformity
of the property to zoning standards despite the 3' variance. 5. The proposed home is
not considered overly large; reducing the depth of the structure was considered,
however, it is only 24' deep.
Based on the factors described, Nielsen recommended the 3' variance be granted
subject to the following conditions: a. Snow fencing be erected as a construction
barrier prior to excavation for the new home. b. No additional structures or expansion
of the new home be allowed which will result in damage to the existing trees.
Mr. Einhorn explained that while the drawing shows the proposed location of the new
home to be 44' feet from Howard's Point Road reflecting a prior considered variance,
the actual location will be 47' from the Road. He requested clarification of the
average set -back relative to the proposed new home. Nielsen explained that his
review indicates that using an average set -back would not bring the new home closer
to the Road.
Chair Rosenberger opened and closed the public hearing at 7:15 p.m., there being no
comments from the public.
Turgeon requested clarification of the condition that no further expansion be allowed.
Nielsen explained the rationale for the variance is to save the trees therefore
expansion may be possible on the south or in the back, however none would be
allowed that would disturb the trees.
Pisula suggested a review of the City's variance criteria. Nielsen described the
statutes and City ordinances that set forth the criteria under which variances may be
granted and related the criteria to the request before the Commission.
Malam stated the proposal brings the property into conformance. Foust inquired how
the conditions are imposed on the property owner, particularly in the case of a new
owner. Nielsen explained the conditions imposed on the current construction are
protected through building permit administration and the most effective method of
future enforcement would be protective covenants recorded against the lot. Nielsen
described the MSA street designation in response to Foust's inquiry. Bean stated that
while a risk exists that a future owner may remove the trees, the current issue is to
make the property more consistent with the neighborhood and lot lines.
Borkon favored the proposal and noted it will upgrade a substandard house and set
a positive precedence for other properties. Malam expressed some uneasiness with
2
PLANNING COMMISSION MINUTES
January 4, 1994 - PAGE 3
prescribing what a property owner may not do with his trees. It was agreed that
ultimately the condition is unenforceable.
Borkon moved, Turgeon seconded to recommend to the Council that it approve the
request of Mr. and Mrs. John Einhorn for a 3' setback variance at 5580 Howard's
Point Road, subject to the conditions stipulated by the staff.
Motion passed 7/0.
The recommendation will be considered by the Council at its January 24 meeting.
2. 7 PUBLIC HEARING - SIMPLE SUBDIVISION/VARIANCE FOR TWO
DWELLINGS (TEMPORARILY) ON A SINGLE - FAMILY RESIDENTIAL LOT
Al2plicant: Matt Donahue
Location: 5275 St. Albans Bay Road
Rosenberger announced the case and reviewed the procedures for a public hearing.
Nielsen reviewed the request of Matt Donahue to subdivide his property at 5275 St.
Albans Bay Road into 2 lots. The property is zoned R -1 A, single - family residential and
contains 6.24 acres. The southerly of the 2 lots, which will have the applicant's
existing home on it, will contain 3.53 acres and the vacant lot will contain 2.71 acres.
In addition, Mr. Donahue requests a variance to allow 2 dwellings on 1 lot on a
temporary basis. He proposes to locate a 30'x 70' prefab structure on the right hand
side of the vacant lot while building a new home on that lot. City ordinance
specifically provides that only 1 house may be located on a lot.
With respect to the subdivision, Nielsen stated the proposed lots exceed the 40,000
square foot minimum lot size required by.the zoning ordinance and that although the
applicant indicates he does not intend dividing the property further, the site is
dividable into at least 4 lots. Nielsen explained the Exhibit prepared recommending lot
lines for the property that will allow future subdivision of the parcel without a lot
width variance. Nielsen recommended a restrictive covenant be recorded against the
property stating it will not be redivided in the future if the applicant chooses not to
straighten the lot lines.
With respect to the variance, Nielsen stated the request is unusual in that although
an older home has been allowed to remain on a site while a new home is built, there
has not been a case where a temporary dwelling has been moved to the site. The
applicant requests that he be allowed 1 year to build a new home. Six months has
been the time limit imposed for completion of a new house in past cases. Nielsen
stated that if the variance is approved, a stipulation be included that the temporary
dwelling be connected to the municipal sewer system. It is assumed the structure will
share a well with the existing home.
3
PLANNING COMMISSION MINUTES
January 4, 1994 - PAGE 4
Based on the staff analysis, Nielsen recommended approval of the proposed
subdivision subject to: 1. Lot line between the 2 lots straightened as prescribed by
staff. 2. Applicant provide an up -to -date title opinion or title commitment prior to final
approval. 3. Required deeds for drainage and utility easements prepared. 4. Payment
of 1 park dedication fee and 1 sewer access charge for the newly created lot. 5.
Further subdivision of the parcel be done by formal platting. 6. Preparation of a
protective covenant to restrict further division of the property recorded with the lot
split if applicant insists property will not be resubdivided. 7. Completion within 30
days of items 1. -3. and 6. after which final Council review will be scheduled. 8.
Recording of division within 30 days following final approval.
If a variance is granted to allow temporary location of 2 dwellings on 1 lot, Nielsen
recommended it be contingent upon: a. Proposed structure comply with all pertinent
building code requirements. b. Structure moved by Licensed house mover on a route
approved by the City Engineer at a time approved by the Police Department. c. Cost
estimate for removal of the structure from a licensed house mover be provided and
a cash escrow or letter of credit in the amount of 150% of the estimate be provided
to insure removal of the structure within a specified time. d. Variance must be used
within 1 year with City stipulation of length of time temporary structure can remain.
e. Temporary structure connected to sanitary sewer. f. Temporary structure located
within buildable lot area as specified under the R -1 A zoning district.
Mr. Donahue explained the lot line follows the contour of topography of the parcel.
He explained that the temporary structure will not be moved to the lot until his
present home is sold; construction of the new home is expected to take at least 1
year; his present home will be sold with a covenant restricting further subdivision;
requested the lot lines remain as shown in his application; described the temporary
structure and its movement to the property and water and sewer hookups. Donahue
requested that rather than requiring a cash escrow to insure removal of the temporary
structure, the City tie its removal with the new home occupancy permit. He was
unclear as to when the one -year use of the variance requirement begins - 1 year from
date of sale of his present home or from date building permit issued.
Chair Rosenberger opened and closed the public hearing at 7:44 p.m., there being no
comments from the public.
Nielsen explained the timing of the one -year variance noting the temporary structure
may remain for 6 months or for whatever time period the City may approve. Donahue
stated the cost to move the temporary structure from the lot is 5300045000. Malam
noted a letter of credit is acceptable to the City. Nielsen stated tying removal of the
temporary structure to issuance of the occupancy certificate for the new home is
acceptable and a letter of credit is acceptable to cover the overlap period.
Malam inquired whether the applicant intends to further subdivide his property.
Donahue explained the new home will be built in the middle of the lot precluding
further subdivision. Nielsen reiterated the rationale for straightening out the lot lines
4
PLANNING COMMISSION MINUTES
January 4, 1994 - PAGE 5
which would also simplify the legal description of the property. Donahue reiterated
that a covenant restricting subdivision will be recorded with the lot.
Bean inquired whether the fact that he is the applicant's adjoining property owner
constitutes a conflict of interest. Nielsen explained that according to the City
Attorney, a conflict does not exist if Commission members do not gain financially
from a transaction resulting from Commission action. (Bean will not gain financially
from this action therefore participated in discussion and vote of the application.)
It was clarified that the applicant must use the variance within one year of the date
of Council approval and agreed the temporary structure may be located on the
property for one year beyond that. Bean stated the neighborhood's primary concern
is the type and location of the temporary structure. Donahue stated it will be set on
footings located in the front 1/3 area of the lot according to required setbacks and will
aesthetically fit into the neighborhood.
Borkon inquired what procedures would be followed relative to the temporary home
if the applicant would be unable to build or complete a permanent home on the lot.
Nielsen stated the structure would be required to conform to current codes and while
the temporary structure will be in conformance, the foundation could be questionable.
Following discussion, the Commissioners agreed that if at the end of the year the
permanent home has not been built, the temporary home would become permanent
and must meet all current codes. It was noted that granting of the variance is based
on the short-term temporary nature of the circumstances and the acceptable type of
structure to be used as the applicant's home during the construction period.
Borkon indicated approval of the variance should be contingent upon straightening of
the lot lines as recommended by the staff, notwithstanding the fact that the applicant
intends to record subdivision restrictions with the property to be sold.
Malam moved, Pisula seconded to recommend to the Council that it approve the
request of Matt Donahue for a simple subdivision at 5275 St. Albans Bay Road,
subject to conditions 1. - 8. in Nielsen's January 3, 1994 memorandum.
Motion passed 7/0.
Malam moved, Borkon seconded to recommend to the Council that it approve the
request of Matt Donahue for a variance for two dwellings on one lot at 5275 St.
Albans Bay road, subject to condition 9.a. through f. in Nielsen's memorandum of
January 3, 1994, and the addition of condition 9.g.: If the new house is not
completed and occupancy certificate issued within the one year time period, the
temporary structure must be moved off or brought into conformance with City codes
for modular housing.
Motion passed 7/0.
5
PLANNING COMMISSION MINUTES
January 4, 1994 - PAGE 6
The Council will consider the recommendations at its January 24 meeting.
3. 7:30 PUBLIC HEARING - SIMPLE SUBDIVISION /LOT AREA VARIANCE
(Continued from December 7, 1993)
Applicant: Gregory Erickson
Location: 5290 Howard's Point Road
Chair Rosenberger announced the case, outlined the procedures for a public hearing,
noted the hearing is a continuance from December 7, 1993, briefly reviewed the
issues questioned at the December 7 hearing: the size of the parcel and whether
alterations to the property were made in accordance with regulations, and noted
receipt of correspondence from the DNR dated December 22, 1993 and from the City
Attorney dated December 27, 1993.
Nielsen reviewed Mr. Erickson's request to subdivide his property into two lots at
5290 Howard's Point Road and pointed out that a discrepancy exists between the
June 1990 survey and one dated November 1993. He indicated that as reported at
the previous meeting, the City Attorney's memorandum states a current survey from
a registered surveyor exists and the 929.4' ordinary high water mark and lot area of
80,536 square feet is attested to by the surveyor. Nielsen stated the difference in
size between the surveys appears to be attributed to the riprapping project. A letter
inquiring whether the project was completed in accordance with the permit was sent
to the Watershed District and a letter to the DNR inquired whether riprapping can
increase the area of a piece of property. A response from the DNR indicates
placement of riprapping should not increase lot size at least by much, and if backfill
was added a DNR permit would be required. The applicant stated fill was not added;
only boulders were placed with the original contour of the lakeshore.
Nielsen stated the applicant's request for subdivision is simple when using the current
survey showing 80,536 square feet of area and more complex if the parcel contains
less than 80,000 square feet. The DNB's response does not clarify the amount of
land that could result from the protection procedure but further investigation will be
conducted. A response from the Watershed District has not yet been received as to
whether the work was done in accordance with the permit.
Nielsen stated that since the December 7 meeting, a review of lot sizes in a
neighborhood area of the subject location indicates a number of lots are less than
40,000 square feet ranging in size from 15,000 square feet and more. Without the
subject property, the average size is 45,690 square feet. The question before the
Commission is whether the applicant can make reasonable use of his property.
Rosenberger inquired whether the applicant wishes to wait until a determination of the
lot size is made before action is taken on his request. Mr. Erickson stated the current
survey shows the property contains more than 80,000 square feet.
0
PLANNING COMMISSION MINUTES
January 4, 1994 - PAGE 7
Nielsen stated a recommendation is before the Commission based on a certified
current survey. If it is determined there is less than 80,000 square feet or if the
procedure by which the lot size was increased is in question, the Commission must
nevertheless determine whether a variance for the subdivision is appropriate. Nielsen
reiterated that based on a review of other lot sizes in the area, a subdivision of the
subject parcel resulting in buildable lots less than 40,000 square feet is reasonable.
Bean inquired on what basis the variance is justified. Nielsen reiterated the applicant
is unable to make reasonable use of the property as the one lot is nearly double the
size of the average lots in the area and further that a number of surrounding lots are
substantially less than 40,000 square feet. Bean suggested the ordinance should
include further definition of qualifying criteria.
Mr. Erickson stated the Hennepin County Tax Assessor shows the parcel to be
79,715 square feet, which is 1000 square feet more than the first survey. He stated
the lot line is dynamic, subject to ice pushing against it, so it becomes a moving line.
However, the current survey creates a line that does not change in accordance with
the watershed district and the rules and regulations of the DNR. He pointed out the
City Attorney recommends honoring the current survey. Mr. Jeff Carroll, Attorney,
pointed out: 1) a current certified survey dated August 1993 showing 80,536 square
feet exists; 2) the City Attorney's review of the matter confirms the definition of the
lot area; 3) staff report supports justification of the variance. Carroll noted the issue
is before the Commission only because the City requests straightening of the lot lines
as part of the subdivision which requires a variance; therefore the subdivision and
variance should be granted.
Chair Rosenberger opened and closed the public hearing at 8 :34 p.m., there being no
comments from the public.
Turgeon favored postponing action until complete information is available involving
questions about the square footage and the status of the riprapping procedure. Pisula
indicated that if the survey is correct and the DNR states the protective procedure
was completed within permit rules, no problem exists; however, he acknowledged
that such information is not available at this time. Nielsen suggested the Commission
may wish to approve the application subject to receipt of affirmative information on
the questions. The Commissioners generally did not favor that approach.
Malam stated the issue before the Commission remains whether a variance is justified
notwithstanding the fact that the subdivision creates a lot that may have less than
40,000 square feet. He supported granting the variance based on the owner's need
to make reasonable use of his property and taking into consideration comparable lot
sizes in the surrounding neighborhood. Turgeon, Borkon and Bean questioned what
square footage under 40,000 square feet of area should be allowed. Nielsen stated
that in terms of how the property is divided, the resulting parcels are buildable, a
current certified survey exists showing 80,000 square feet, and that perhaps the issue
is the DNB's responsibility.
Vr
PLANNING COMMISSION MINUTES
January 4, 1994 - PAGE 8
Borkon reiterated that complete information for decision - making is not available at this
time and favored postponing action until responses are received from the affected
parties. Foust inquired whether multiple surveys have been required before. Bean
explained the issue of two surveys and the discrepancy between them arose during
the Commission's December 7 consideration of the application. The City Attorney's
position is that the current survey be honored with the provision that it assumes the
fill /riprapping was done in accordance with the permit, yet that evidence is not yet
available nor is any information available from the watershed district. Bean stated the
City's liability is unknown if a variance is granted where no authority to do so may
exist; therefore the Commission has an obligation to review all the information before
a decision is made on the variance.
Borkon moved, Bean seconded to continue for 2 weeks to January 18, 1994
consideration of the request of Gregory Erickson for a simple subdivision /lot area
variance at 5290 Howard's Point Road.
Motion passed 5/2. Rosenberger and Malam voted nay.
The meeting recessed at 8:50 p.m. and reconvened at 8:55 p.m.
4. SITE PLAN REVIEW - WATERFORD 6TH ADDITION (Commercial P.U.D.)
Applicant: JMS Equities, Inc.
Location: Outlot C, Waterford 4th Addition
Nielsen stated that in 1984 the City worked with developers (Trivesco) to develop an
area west of Vine Hill Road, south of Highway 7 and east of Covington Road. He
reviewed the development to date which includes single family homes and twinhomes.
At this point, the first stage of the commercial development is being proposed as a
planned unit development along the front tier of property along Highway 7 by Jeffrey
Schoenwetter representing JMS Equities, Inc., who purchased the property from
Trivesco. Nielsen briefly described the other future commercial plans.
Nielsen stated the applicant's plans have been reviewed based on the original
Waterford Design Framework Manual approved in 1984, the Development Stage Plan
and Preliminary Plat approved in 1990, and the Declaration of Restrictive Covenants
executed in 1991.
Nielsen stated the proposed uses (tenants for the strip center) are consistent with
previously approved plans; the building floor plan has been slightly modified for the
better; the facade has been improved; and the roofline of the building has also been
re- designed to a full hip roof. He reviewed the revisions recommended to the
applicant's proposed site plan (Nielsen's memorandum dated December 29, 1993) and
explained how the developer subsequently revised the plans to comply with the staff
recommendations. Nielsen reviewed the restrictions imposed on the various uses and
noted these will be included in the restrictive covenants. Nielsen described the
E
PLANNING COMMISSION MINUTES
January 4, 1994 - PAGE 9
landscaping proposed for the site which has been substantially improved from earlier
plans and provides for adequate site distances. He suggested adding additional
landscaping to soften the front of the storefronts. Revised parking plans now exceed
the required number of parking spots.
The Fire Marshal has reviewed the plan and made recommendations regarding
placement of fire hydrants and no parking -fire lane signs. The City Engineer's report
covering the preliminary site and utility plan for the project suggests shifting the
center driveway to the site to meet sight distance criteria.
Nielsen stated the final plat will be prepared for this site only and the remainder of the
property designated as an outlot. He described the provisions of the development
agreement, use and maintenance agreement, and protective covenants to be filed with
the final plat. Nielsen recommended approval of the site plan subject to the staff
recommendations.
Mr. Jeff Schoenwetter, President of JMS Equities, Inc., stated work on this project
has continued for several months and it is anticipated it will be fully leased. He
agreed with recommendations outlined by Nielsen including a change in the curb cut
to move a driveway and the addition of landscaping for store front areas. He
described the lighting for the site: 5 towers in the parking lots and wall -packs installed
in the rear of the building for security purposes. The restrictions including hours of
operations are acceptable to the current prospective tenants. It was noted that any
alterations to the restrictions require a public hearing. Schoenwetter requested
approval of the revised site plan.
The Commissioners discussed the proposed site plan including: hours of operation of
the proposed re- located liquor store, status of the frontage road (Brom's Boulevard),
location of air conditioning units, lighting, parking and traffic movement on the site,
process for allowing on -site liquor sales, signage including window signs, trash
receptacles, building and roof design and colors, and landscaping. Qualifications of
the developer, architect and management - leasing agent were outlined. Concern was
expressed regarding overall maintenance of the strip mall in the future and it was
suggested that staff development of a commercial maintenance regulation for
Shorewood.
Following its review and discussion, the Commissioners accepted the site plan
proposed by JMS Equities, Inc. with the revisions recommended and integrated into
the final plan.
Borkon moved, Turgeon seconded to recommend to the Council that it approve the
site plans for the first phase of the Waterford Commercial Development subject to the
recommendations of the staff.
Motion passed 7/0.
F9
PLANNING COMMISSION MINUTES
January 4, 1994 - PAGE 10
The Council will consider the recommendation at its January 24 meeting.
5. MATTERS FROM THE FLOOR - None.
6. REPORTS
Lewis provided an update on the City's proceedings against the Metropolitan Waste
Control Commission. Nielsen noted the Council referred consideration of the
Horse /Stable Ordinances to the Planning Commission. Borkon suggested the staff
review placing temporary structure criteria under provisions of the conditional use
permit regulations and study development of a commercial maintenance code. Nielsen
reviewed and explained the City's zoning tools.
7. ADJOURNMENT
Borkon moved, Pisula seconded to adjourn the meeting at 10:20 p.m.
Motion passed 7/0.
RESPECTFULLY SUBMITTED
Arlene H. Bergfalk
Recording Secretary
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10
MEMORANDUM
MAYOR
Barb Brancel
COUNCIL
Kristi Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236
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 (i.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 (i.e. all lots, regardless of size, pay the same
assessment).
A Residential Community on Lake ,Nlir.retonka's South Shore 1A
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 (i.e. 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 - finalize 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 $)
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.
* 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-
IF YOU PLAN TO SPEAK, PLEASE FILL IN THE INFORMATION BELOW
NAME y ADD AGENDA ITEM
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CITY OF SHOREWOOD COUNCIL CHAMBERS
PARK COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, FEBRUARY 22, 1994 7:00 P.M.
MINUTES DRAFT
1. CALL TO ORDER
Chair Jennifer McCarty called the meeting to order at 7:07 p.m.
2. ROLL CALL
Present: Chair McCarty; Commissioners Wilson, Dzurak, Fuller and Martin;
Administrator Hurm; Council Liaison Benson; and Planning Commission Liaison
Turgeon were present. Also present was Gordon Lindstrom.
Absent: Commissioners Bensman and Waibel
3. INTRODUCTION OF NEW MEMBERS
Commissioner Waibel called earlier and indicated he was still out of town on business, and
there was a possibility that he would be permanently transferred from Shorewood.
4. REVIEW AGENDA
Item #6 - Project update - Identification of Freeman Park Trails was removed from the
agenda because Mr. Krueger was unable to attend the meeting.
5. APPROVAL OF MINUTES
The following changes were made to the January 25, 1994 minutes:
Item #9, Line 6 - Mr. Henderson's name should be spelled Kryl; and on Pages 3 and
4 - the February meeting is to be held on the 22nd rather than the 25th.
With those changes, Wilson moved, Dzurak seconded, to approve the minutes of Tuesday,
January 25, 1994. Motion carried unanimously.
6. PROTECT UPDATE - IDENTIFICATION OF FREEMAN PARK TRAILS
This item was removed from the agenda.
SHOREWOOD PARK COMMISSION MINUTES
TUESDAY, FEBRUARY 22, 1994
Page 2 of 5 ,
7. 1994 - PRO ECT UPDATE SILVERWOOD PARK BUDGET
The updated budget and timetable for Silverwood Park improvements were reviewed by the
Commission. Both were found to be acceptable. The Commission then reviewed a petition
from Silverwood Park area residents regarding potential platform tennis court addition.
That petition is attached to these minutes for reference. The Commission asked that staff
check with several areas that have platform tennis, including Deephaven City Hall. In
addition, the Park Planner should be asked to develop a cost estimate, and suggested
location in Silverwood Park. It was the general consensus of the Commission that the park
plan be approved as presented. If further study indicates that such a court could fit into
Silverwood Park, it could be budgeted and incorporated after 1994 improvements are
completed. It was suggested that a platform tennis court could be installed near the
watertower. Such a project could be a community, project or a Tree Trust project.
8. REPORT OF FREEMAN PARK NORTH BUILDING NEEDS COMMITTEE
No report.
9. REVIEW EXPECTATIONS FOR SPORTS ORGANIZATIONS
A letter from Tonka United Soccer was distributed and is made a part of these minutes for
reference. The letter indicates their intention to donate an additional $3,000 bringing their
total contribution toward playground equipment to $8,000. They also indicate an acceptance
of a $2,500 commitment toward park maintenance and additional manpower for installation
of playground equipment. They indicated concern however for commitment of dollars
toward additional improvements or a concession stand at this time.
Gordon Lindstrom indicated that the girl's softball program has not yet decided whether
they will be asking to use Freeman field this year. In speaking for the Southshore Softball,
he indicated that manpower could be provided for playground installation and that $2,500
could be committed for park maintenance as has been done on a voluntary basis for a
number of years. He indicated concern for contributions of $2,500 for future park
improvements or any other contribution unless the concession stand can be built to provide
revenue.
David Anderson, President of the South Tonka Little League, arrived about 8:00 p.m. He
indicated that the Little League is placing a priority on construction of a batting cage along
the right field fowl line of Freeman Field #3. The estimated cost for installation is $6,000.
Although he had previously indicated the Little League could contribute $3,000 in 1994 and
an additional $3,000 in 1995 for playground equipment (American Legion has donated
$6,000 toward this equipment), he asked to change that commitment to $2,000 in 1994;
$2,000 in 1995; and $2,000 in 1996.
i 1
SHOREWOOD PARK COMMISSION MINUTES
TUESDAY, FEBRUARY 22, 1994
Page 3 of 5
He stated that volunteer manpower to help install the playground equipment should not be
a problem. He reiterated that because of their priority to construct the batting cage, it
would be very difficult to come up with $2,500 for future park improvements as well as the
$2,500 for park maintenance.
J. Hurm indicated that the $2,500 for park maintenance is a top priority, and the concept
has been communicated to sports organizations for several years, and in fact, budgeted for
as a revenue source by the City for the year 1994.
The Commission agreed that the $2,500 for park improvements is a top priority. Mr.
Anderson indicated he would convey this to the Executive Board of the Little League and
report back on what their commitments can be. He also said he hoped to submit a site plan
for the batting cage to City Hall by the end of this week. Because it is a permanent
structure, it may need a conditional use permit.
It was the general consensus of the Commission that it is important that the sports
organizations contribute at least $2,500 toward park maintenance in 1994. Because it is
not likely that the north concession stand will be built this year, and because of other
factors, funds toward future park improvements and toward a concession building from the
sports organizations could be delayed to next year.
10. REPORT ON SHOREWOOD PARK FOUNDATION - DRAFT BY -LAWS
A number of technical corrections were made to the proposed by -laws. S. Dzurak is
reviewing the document from a legal perspective. He will re -write Section 3.05
Qualifications, and will check the legal requirements of Removal of Trustees Without Cause
in Section 3.11. He will also review in detail Section 4.09 Duties of the Treasurer. He
stated that Section 9.10 Reasonable Return can be removed.
S. Dzurak will prepare Articles of Incorporation and present suggested corrections of the
by -laws within 10 days so that the Articles of Incorporation can be presented to the City
Council at the March 14th meeting.
There was general concurrence on the substance of the by -laws.
11. DISCUSSION OF A SHOREWOOD "PARK ROUND -UP" PROGRAM
J. Hurm reported that several communities, including the City of Roseville, have a round -up
program. He was approached by White Bear Lake Township who might be interested in
jointly developing software which would allow residents of the community to round -up their
quarterly utility bill to the next highest dollar and to have the additional funds go toward
park improvements. The Finance Director learned that the City of Roseville earns
approximately $200 -$300 per quarter with a participation rate of approximately 5 %.
t
SHOREWOOD PARK COMMISSION MINUTES
TUESDAY, FEBRUARY 22, 1994
Page 4 of 5
There was a consensus of the Park Commission that it is unlikely that funds raised would
be sufficient to justify expenditure for the software development. The program should not
be pursued.
12. ESTABLISH A SCHEDULE FOR LIAISON TO CITY COUNCIL
The following schedule for liaison to City Council was established:
March & April ........ Elizabeth Fuller
May & June.......... Roxanne Martin
July & August........ Open
September & October..... Jim Wilson
November & December..... Open
13. OUTDOOR RECREATIONAL GRANT APPLICATION
J. Hurm reported that he will prepare a general application due March 15th and submit it
to the Department of Natural Resources. Upon receipt of that application, a DNR staff
person will appear before the City to discuss State priorities and City park needs. S. Dzurak
indicated that he has an acquaintance in the recreation division of the DNR. He will
inquire to him regarding grant priorities.
14. REPORTS
J. Hurm reported that the attorney for the Minnetonka School District has indicated that
it would not be proper for the School District to donate its share of the proceeds from the
sale of the tax forfeited lot on Academy Avenue. This item should be placed on another
Park Commission agenda for discussion. The City now needs to determine whether or not
it is worthwhile to attempt to sell the property.
E. Fuller stated that we should place on the next agenda for discussion scheduling of the
Commission walking the Old Market Road and Silverwood Trails to talk with property
owners. We should also discuss scheduling open houses at the various neighborhood parks.
15. ESTABLISH NEXT MEETING DATE
The next meeting of the Commission was set at March 22, 1994 at 7:00 p.m.
16. MATTERS FROM THE FLOOR
There were no matters from the floor.
SHOREWOOD PARK COMMISSION MINUTES
TUESDAY, FEBRUARY 22, 1994
Page 5 of 5
17. ADJOURNMENT
S. Dzurak moved, E. Fuller seconded, to adjourn the meeting at 10:05 p.m. Motion carried
unanimously.
RESPECTFULLY SUBMITTED
James C. Hurm,
City Administrator
' 0- 17: 33 F--IX 612 474 3 719 RE- jL.IZ Ar_tion tr
February 22, 1994
474 -4128
onka United Soccer
Mr. Jim Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood MN 55331
Dear Jim,
After the meeting of February 1st between the Tonka United Soccer
Association (TUSA) Freeman Fields / Foundation Committee and you, Gordy
Lindstrom, Nick Real and Jim Wilson, I reported the results of that meeting to
our Board of Directors, providing them with copies of many of the documents
that you provided to us. This letter is to update you with regard to the TUSA
Board's responses and feelings, and let you know where we are with regard to
the topics we discussed.
First of all, every member of the TUSA Board is most grateful to the City of
Shorewood for the excellent relationship we've had with the City over the
years, and for the opportunity to provide our soccer programs to the youth of
Shorewood and other surrounding Lake Minnetonka area communities on the
fields at Freeman Park. As you know, we've used these fields for our youngest
players- girls and boys from 5 - 8 just learning the game of soccer. This time
of year, the memory of our children running around, playing soccer at
Freeman Park on warm summer evenings is what keeps us going. For all of
that, our warmest thanks to you and to everyone on the Parks Commission and
the City Council.
With regard to the specifies of your proposals to TUSA, let me summarize the
general feelings of our Board, using your "Expectations ," sheet as a
structure for that response.
The Board is unanimously committed to fulfilling our obligations for the $3,000
balance on the playground equipment as soon as it is feasible for us to pay
that. No specific date has been set because of the fluid nature of our finances.
It's my feeling you should be able to expect that some time in calendar year
1994. Beyond that, I don't think I could accurately speculate as to when you
expect a check. The same thing is true of our commitment to assist in the
equipment's installation. The only thing we ask is that we're given adequate
notice (as much as possible) to round up the necessary volunteers. Please
contact Lydia Velander, our Membership Director, at 470 -6108, and she'll put
you in touch with our volunteer coordinator.
With regard to the $2,500 toward park maintenance, we're also willing to pay
this, assuming we continue to use the fields as we did last year. As we have
mentioned to you during our meetings, our program is growing, and we are
investigating other sites that may be appropriate for our use. As pleased as we
are with Freeman Park. other considerations (such as a more central location,
or scheduling instructional games on fields adjacent to traveling games to
expose the young-e r 1�l a U .0Occteams oci t ��c� Scheduling and
A Non - Profit Association for Young People's Soccer in the Minnetonka Area
Zt)02. 003
Post Office Box 205, Exce-lsior MN 55337 (612,470-7003, a;&.. 7 7
02 22.94 17:33 FAX 61 474 8719 RE -?L-kT Action tti C7�]003
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therefore our use of the fields.
With regard to final 2 items, the Board at this time is undecided as to the
appropriateness of dedicating our members fees to these charges. "Future
park improvements" may not directly benefit TUSA's programs, and it was
expressed a number of times in the meeting that it is difficult for the Board to
justify a general item like that right now considering our current programs,
budget, etc. We'd like to discuss this further, both among ourselves and with
you.
The Concessions building falls into the same general category for us right
now. Our fund raising plans are based on concentrated, community -wide
"campaigns" rather than a location based business. The revenue and
responsibility sharing could work, given the right relationships and
formulae, but at this point the majority of Board members felt our plate is too
full and the lead time is too short for TUSA to pursue a leading role in a
concessions business at Freeman Park this year. As with the park
improvements, we'd like to discuss this further, both among ourselves and
with you, and possibly develop a plan that would work for everyone on a long
term basis.
I hope this has answered many of the questions you and Gordy Lindstrom have
had for us, and me in particular. I look forward to investigating our
opportunities together, and to working with you for our mutual benefit. If you
have any questions with regard to the items I've addressed here, don't hesitate
to call me at 720 -8139 (0) or 470 -0101 (H).
Best �personal regards,
/rl Henderson
Director of Communications
- L
To: The Shorewood Park Commission
From: Silverwood Park Area Residents
Re: Potential Platform Tennis Court Addition
20 February, 1994
Dear Park Commission:
We have read the February 16th letter to Silverwood Park
area residents and were very disappointed to see that a platform
tennis court was not included in the plans. Please reconsider this
idea.
This letter is written to express our support of a platform
tennis court addition to the park on Covington Road near Old
Market Road in Shorewood. The facility for platform takes up
very little space. Therefore, it would fit in aesthetically as well
functionally. Also, a platform tennis court would make Silverwood
Park unique rather than duplicating facilities found elsewhere. We feel
that platform tennis is a sport enjoyed by many of the residents of this
neighborhood. As you are aware, the Deephaven /Cottagewood area
has had high utilization of their court for many, many years. We feel
Shorewood residents would utilize a platform tennis court at least nine
months of the year. It is a sport played through the coldest part of the
year. Any sport that encourages outdoor activity from September
through May in Minnesota would be a welcome addition to our
community. We hardily endorse this project.
Enthusiastically,
Silverwood Park Area Residents
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To: The Shorewood Park Commission
From: Silverwood Park Area Residents
Re: Potential Platform Tennis Court Addition
20 February, 1994
Dear Park Commission:
We have read the February 16th letter to Silverwood Park
area residents and were very disappointed to see that a platform
tennis court was not included in the plans. Please reconsider this
idea.
This letter is written to express our support of a platform
tennis court addition to the park on Covington Road near Old
Market Road in Shorewood. The facility for platform takes up
very little space. Therefore, it would fit in aesthetically as well
functionally. Also, a platform tennis court would make Silverwood
Park unique rather than duplicating facilities found elsewhere. We feel
that platform tennis is a sport enjoyed by many of the residents of this
neighborhood. As you are aware, the Deephaven /Cottagewood area
has had high utilization of their court for many, many years. We feel
Shorewood residents would utilize a platform tennis court at least nine
months of the year. It is a sport played through the coldest part of the
year. Any sport that encourages outdoor activity from September
through May in Minnesota would be a welcome addition to our
community. We hardily endorse this project.
Enthusiastically,
Silverwood Park Area Residents
V, ev
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2 �
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To: The Shorewood Park Commission
From: Silverwood Park Area Residents
Re: Potential Platform Tennis Court Addition
20 February, 1994
Dear Park Commission:
We have read the February 16th letter to Silverwood Park
area residents and were very disappointed to see that a platform
tennis court was not included in the plans. Please reconsider this
idea.
This letter is written to express our support of a platform
tennis court addition to the park on Covington Road near Old
Market Road in Shorewood. The facility for platform takes up
very little space. Therefore, it would fit in aesthetically as well
functionally. Also, a platform tennis court would make Silverwood
Park unique rather than duplicating facilities found elsewhere. We feel
that platform tennis is a sport enjoyed by many of the residents of this
neighborhood. As you are aware, the Deephaven /Cottagewood area
has had high utilization of their court for many, many years. We feel
Shorewood residents would utilize a platform tennis court at least nine
months of the year. It is a sport played through the coldest part of the
year. Any sport that encourages outdoor activity from September
through May in Minnesota would be a welcome addition to our
community. We hardily endorse this project.
7 itll
Enthusiastically,
Silverwood Park Area Residents
S^ L f r i rv(1 L Lc
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, FEBRUARY 1, 1994
MINUTES
CALL TO ORDER
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
Chair Rosenberger called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Chair Rosenberger; Commissioners Bean, Borkon, Foust, Malam, Pisula,
and Turgeon; Council Liaison Lewis and Planning Director Nielsen.
APPROVAL OF MINUTES
Turgeon moved, Pisula seconded to approve the minutes of the Commission's January
4, 1994 meeting.
Motion passed 7/0.
1. PUBLIC HEARING - SIMPLE SUBDIVISION /LOT AREA VARIANCE (Continued
from January 4, 1994)
Applicant: Greg Erickson
Location: 5920 Howard's Point Road
Chair Rosenberger announced the case and noted the hearing is a continuance from
January 4, 1994.
Nielsen reviewed the applicant's request to subdivide the 2 -acre property (containing
80,536 square feet of area) into two single family lots. Initially, the division showed
a lot line that jogged toward Howard's Point Road to create two lots, each with
approximately 40,000 square feet of area. Staff, however, suggested the applicant
straighten out the lot line to make it more perpendicular with Howard's Point Road
and consistent with existing policy. This recommendation requires a lot area variance
because one of the resulting lots would contain less than the required area under the
R -1 A zoning district.
During the public hearing it was pointed out that a previous survey showed the
property contained less area than shown on the current survey. Nielsen pointed out
that it was questioned whether the riprapping done on the property last summer
increased the size of the lot. Pending responses from the DNR and the Minnehaha
Watershed District regarding the riprapping project, the application has been continued
for several weeks. Nielsen noted both the DNR and the Watershed District state (in
responses dated January 14, 1994) that their respective investigations conclude that
PLANNING COMMISSION MINUTES
February 1, 1994 - PAGE 2
the riprap work was done in compliance with a valid Watershed District permit and
that the work was done consistent with the criteria for projects not requiring a DNR
permit. The DNR further states that the change in area may be partly due to the
riprap project and some change in the calculated area would be within the acceptable
standards of accuracy for a survey of that type. Nielsen brought the Commissions's
attention to the City Engineer's January 31, 1994 letter which explains the survey
methodology used for acreage computations and describes how variances result
through interpretations of descriptions and measurement techniques.
Nielsen stated the staff's recommendation remains that of granting the applicant's
subdivision request with a lot area variance for the northerly lot due to straightening
of the lot line.
Mr. Jeff Carroll, Attorney representing Mr. Erickson, pointed out a current certified
survey exists; the affected agencies verified the riprap work is within the scope of the
permit; and the City Engineer's opinion states the survey is within acceptable
standards. Therefore, Carroll stated it has been established that the property contains
the required area for subdivision, the applicant is willing to straighten the lot line for
the convenience of the City, and requested the Commission to accept the staff's
recommendation.
Chair Rosenberger opened the public hearing at 7:10 p.m
Mr. David McCuskey, 5250 Howard's Point Road, distributed a copy of his letter
dated February 1, 1994, which states that the responses from the Watershed District
and the DNR have been misinterpreted by the City staff. He believes the agencies
concluded the rip rap work did not account for the area increase shown in the current
survey.
Mr. Carroll responded that Mr. McCuskey misinterprets the agencies' responses and
reiterated that a certified current survey verifies the property contains more than
80,000 square feet in area.
Mr. Tom Wartman stated fill was not added during the rip rap project on the property,
that 3 -4' boulders were used and that the work was performed under the direction of
a qualified contractor.
Rosenberger closed the public hearing at 7:20 p.m.
Turgeon, Pisula, and Foust accepted the conclusions received from the DNR and the
Watershed District regarding the riprapping project and expressed concurrence with
the staff's recommendation for approval of the request with a lot width variance.
Malam stated the lot area has no significance to the applicant's request and concurred
approval.
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PLANNING COMMISSION MINUTES
February 1, 1994 - PAGE 3
Bean explained his concern regarding the precedent set and what it means in terms
of the City's exposure to liability. Nielsen reiterated that the staff looked to the DNR
and the watershed district to determine whether anything was done outside of the
permit. The agencies appear satisfied with what has occurred on the property and do
not appear to be concerned with further testing or requiring additional permit(s).
Nielsen pointed out that if in fact fill was added to the location it would be a violation
of DNR regulations and the agency would have to pursue it. Bean stated that based
on the expert opinion rendered by the agencies, he concurred with the
recommendation.
Borkon agreed with Bean's concern regarding setting a precedent in this approval, but
acknowledged that sufficient clarification has been provided. She inquired whether
the City Attorney may have misinterpreted the Commission's concerns. Nielsen
stated he has discussed the matter with the Attorney and is assured the Attorney
thoroughly understands the issue.
Rosenberger inquired whether the variance request meets the criteria for granting
approval. Nielsen stated the over - riding factor is the public interest in that creating
two oddly sized lots would exacerbate the situation and by granting a variance
allowing the line lot to be straightened is of public value. Bean noted that a key point
is the applicant did not request the variance; it is for the City's convenience. Malam
pointed out the Commission has previously allowed subdivisions such as this where
the lot size will be consistent with those in the neighborhood. Bean noted, however,
that in those situations, the issue was not contested, therefore the Commission has
been obligated to thoroughly investigate this matter.
Borkon moved, Malam seconded to recommend to the Council that it approve the
simple subdivision request of Mr. Gregory Erickson, with a lot area variance, at 5290
Howard's Point Road.
Motion passed 710.
The recommendation will be considered by the Council at its February 14 meeting.
2. SIMPLE SUBDIVISION
Al2glicant: Jack Duda
Location: 20845 Idlewild Path
Rosenberger announced the case. Nielsen reviewed the applicant's request to
subdivide property located at 20845 Idlewild Path into two lots both of which meet
or exceed the requirements of the R -1 D zoning district. The northerly lot on which Mr.
Duda's house is located will contain 17,435 square feet of area and the southerly
vacant lot will contain 12,473 square feet. Nielsen recommended approval of the
proposed subdivision subject to the following: 1) Tin shed located on Parcel A must
be removed or moved into compliance with R -1 D setback requirements prior to release
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PLANNING COMMISSION MINUTES
February 1, 1994 - PAGE 4
of the Council's approval resolution, 2) Applicant must provide drainage and utility
easements as prescribed (a title opinion will reveal if these easements already exist),
3) Applicant must provide an up -to -date title opinion or commitment by February 14,
4) Applicant must pay one park dedication fee and one local sanitary sewer access
charge for the new lot prior to release of the Council's approval resolution, and 5)
Applicant must record the resolution with Hennepin County within 30 days of Council
approval.
Mr. Duda was not present at the meeting. Bean inquired whether the applicant has
any objection to moving the tin shed. Nielsen stated the matter has been discussed
with Mr. Duda and he has agreed to move the shed.
Bean moved, Turgeon seconded to recommend to the Council that it approve the
request of Jack Duda for a simple subdivision at 20845 Idlewild Path, subject to the
staff recommendations.
Motion passed 7/0.
The Council will consider the recommendation at its February 28 meeting.
3. SIMPLE SUBDIVISION
Applicant: Warren McCurdy
Location: 5360 Vine Hill Road
Rosenberger announced the case. Nielsen reviewed the applicant's request to
subdivide property at 5360 Vine Hill Road into two lots which meet or exceed the
minimum size requirements for the R -1 C zoning district; one lot with an existing house
will contain 20,001 square feet of area and the lot with the wetland on it will contain
approximately 39,584 square feet excluding the wetland. The applicant proposes that
the two lots will share the existing driveway. Nielsen pointed out that the existing
house is located only 46 feet from the rear lot line, leaving little room for any addition
such as a deck or porch. Staff recommends the applicant consider moving the
property line to increase the depth of Parcel A by at least 10 feet. Further, Nielsen
suggested if the applicant does not wish to move that line, some documentation
advising of the proximity of the house to the rear lot line be attached to the property
for the benefit of a future property owner. Nielsen indicated the City Attorney will be
consulted regarding feasibility of such an instrument and approval of the subdivision
should be subject to the Attorney's review. With respect to the driveway, Nielsen
stated the shared driveway should be encouraged to limit direct access points on Vine
Hill and recommended the driveway be widened from 12 to 16 feet for the portion
which will be shared and that as a condition of approval, the applicant should record
a joint use and maintenance agreement.
Nielsen recommended approval of the applicant's request subject to conditions 1.
through 11. detailed in his memorandum dated January 27, 1994, and subject to the
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PLANNING COMMISSION MINUTES
February 1, 1994 - PAGE 5
City Attorney's review of the matter regarding the proximity of the rear lot line to the
existing house.
Mr. McCurdy explained that he preferred not to adjust the lot line as recommended
because of the location of a drainage ditch on Parcel B, the lot line shown in his
application allows a better building site on that parcel. He stated that water and
sewer access are stubbed in on the property.
Bean inquired about the available building area given the location of the utility
easement. Nielsen stated proposals have been reviewed and from the standpoint of
buildable area, the parcel is ample. He also stated that a second driveway would be
acceptable; however testing of the soil to determine its condition would probably be
necessary given the wetlands on the property.
The driveway, site lines and traffic levels relative to Vine Hill Road were discussed.
Nielsen noted that further development on Vine Hill Road is limited and explained the
City's authority to place reasonable restrictions on subdivisions.
Malam moved, Pisula seconded to recommend to the Council that it approve the
simple subdivision request of Warren McCurdy at 5360 Vine Hill Road, subject to the
staff recommendations outlined in Nielsen's memorandum dated January 27, 1994,
and the City Attorney's review of the possibility of recording an instrument relative
to the proximity of the rear lot line to the existing house on the property.
Motion passed 7/0.
The Council will consider the recommendation at its February 28 meeting.
The meeting recessed at 7:50 p.m. and reconvened at 8:00 p.m.
4. STUDY SESSION
Review Horse and Pony Code - Chapter 702
Rosenberger announced that although the Commission's review of Chapter 702 of the
City Code at this meeting does not include a public hearing, comments will be heard
from the public. He outlined the procedures for a public hearing. A formal hearing will
likely be conducted by the City Council.
Nielsen stated the City Council directed the Planning Commission to review Chapter
702, Horses and Ponies, with a view to correction of a discrepancy in this ordinance
and the zoning ordinance relating to use of fencing and other issues. Residents
affected by the Horse and Pony ordinance have been advised of the study and their
comments solicited. In addition, those residents have been notified of violations
pending issuance of their permits /licenses. Nielsen reviewed and made
recommendations regarding the problem areas in the ordinance from the staff's
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PLANNING COMMISSION MINUTES
February 1, 1994 - PAGE 6
perspective including setback requirements, use of barb and electric fences, and
grandfathering rules.
Rosenberger opened the public hearing at 8:10 p.m.
Pam Whelan, 5910 Cathcart Drive, a 27 -year horse owner and former horse inspector,
strongly recommended and requested that electric fencing be allowed for containment
of horses and explained that such fencing is the only means to successfully confine
horses. She stated that complaints have not been raised regarding horses in the City,
that the number owners has dwindled from about 50 to 6 over the years, and that
electric fencing does not create a safety problem for humans. Ms. Whelan
commented on the non - regulated use of invisible fences for dogs.
Clare Browning, 6040 Christmas Lake Road, described the use of electric and wood
fences on her property and supported the continued use of electric fencing since in
her experience it contains horses and has not created any safety problems.
DeWayne Laurila, 5595 Eureka Road, stated that horse owners have resided in the
City in the same locations for many years and expressed concern they will be
penalized and discriminated against by rules and regulations that impinge on long -time
lifestyles of horse owners. He questioned whether the use of electric fencing has
presented any safety problems in the past.
Renee Foster, owner of the property at 5595 Eureka Road, expressed concern that
strict adherence to the setback requirements under the ordinance will effectively
reduce the horse owners' available property to properly maintain horses and eventually
unfairly force horses and their owners out of the City.
Carol Westby, 27020 West 62nd Street, a horse owner for 17 years, expressed
concern that the City has previously issued permits with knowledge of the nature of
horses and supported use of electric fencing particularly if the City is concerned about
the safety of current and future residents.
Rosenberger closed the public hearing at 8:25 p.m.
The Commissioners reviewed and discussed each Section and Subdivision of Chapter
702. Nielsen and the horse owners in attendance responded to questions posed by
the Commissioners.
Following discussion, the Commission agreed by consensus to recommend to the
Council that Chapter 702, Horses and Ponies, of the City Code, be amended as
follows under Section 702.3, Inspection of Premises, Required Standards:
- Fencing (Subd. 2): Exclude use of barb wire; allow electric fence by reference to the
applicable Zoning Code to be amended to exempt horse containment by electric fence
from the current prohibition.
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PLANNING COMMISSION MINUTES
February 1, 1994 - PAGE 7
- Setbacks for a shelter facility (Subd. 3): Change the property line reference from
100' to 50' from any property line of the applicant; reference the Zoning Code to be
amended to exempt current horse owners based on circumstances existing prior to
enactment of the amended zoning ordinance.
- Deletion of Subd. 5 - issue regulated by zoning code.
The meeting recessed at 9:25 p.m. and reconvened at 9:30 p.m.
Discuss Elderly Housing Site Analysis
Nielsen presented and reviewed a Senior Housing Site Analysis (Preliminary Draft
dated February 1, 1994) prepared by the staff, which described 34 possible sites for
senior housing in Shorewood. He stated a statement on senior housing will be
included in the land use section of the City's Comprehensive Plan.
The Commissioners discussed the information provided and issues related to senior
housing for Shorewood. Following discussion, it was agreed that the staff will delete
the reference to Scores and Rank and update the analysis for the Commission's
further discussion during consideration of the land use section of the Comprehensive
Plan.
It was agreed the Commission's meeting scheduled for Tuesday. February 15 , will
begin at 6:30 p.m Nielsen announced the March 1 meeting is rescheduled to
Tuesday. March 8, 1994.
5. MATTERS FROM THE FLOOR - None.
6. REPORTS
Lewis reviewed actions taken by the Council at its January 24 meeting and answered
questions from the Commissioners.
7. ADJOURNMENT
Borkon moved, Turgeon seconded to adjourn the meeting at 10:50 p.m.
Motion passed 7/0.
RESPECTFULLY SUBMITTED
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial
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