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021494 CC Reg AgPCITY OF SHOREWOOD COUNCIL CHAMBERS CITY COUNCIL EXECUTIVE SESSION 5755 COUNTRY CLUB ROAD MONDAY, FEBRUARY 14, 1994 7:00 PM EXECUTIVE SESSION (Conference Room) 1. UNION CONTRACT 2. ADJOURN TO REGULAR SESSION REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 14, 1994 Council Chambers 7:15 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. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Benson Mayor Brancel Stover Daugherty Lewis C. Review Agenda 2. APPROVAL OF MINUTES City Council Regular Meeting Minutes - January 24, 1994 (Att. - #2 Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & adopt resolutions therein: A - A Motir.& `.o Adopt a Resolution Approving a Setback V= l a AX+QoS Ac: John Einhorn L won: 5580 Howards Point Road (Att. - #. Proposed Resolution) B - A Motion Approving the Lake Minnetonka Half Marathon to Traverse Through the City - May 1, 1994 (Att. - # Letter of Request) ' CITY COUNCIL AGENDA FEBRUARY 14, 1994 �. Page 2 of 3 C - A Motion to Adopt a Resolution Approving Temporary Gambling Licenses: A - Variety Club B - St. John the Baptist Church (Att. - #3C1 Proposed Resolution; #3C2 Applications) D - A Motion to Approve Change Order #2 for the Season's Elderly Housing Project #93 -2 (Att. - #3D1 Change Order; #3D2 Engineer's Memorandum) E A Motion to Approve an Extension Regarding Notice to Remove Appellant: Rick Haun Location: 28100 Boulder Bridge Drive (Att. - #3E1 Notice; #3E2 Appellant's Letter) F - A Motion to Adopt a Resolution Approving a 1994 Tree Trimmer License (Att. - #3F Proposed Resolution) G A Motion to Approve the 1994 -1995 AFSCME Contract 4. PRESENTATION BY THE SOUTH SHORE SENIOR CENTER TASK FORCE 5. PUBLIC HEARING 7 :30 P.M. - CONSIDERATION OF PUBLIC IMPROVEMENTS TO THE BRYNMAWR SUBDIVISION & ADOPTION OF A RESOLUTION ORDERING PLANS & SPECIFICATIONS (Att. - #5A Feasibility Report Reminder; #5B Proposed Resolution Ordering Plans & Specifications) 6. PARK — Report on January 25, 1994 Meeting - Steve Dzurak Silverwood Park A - Consideration of Approval of Landscape Plan (Att. - #6A Proposed Landscape Plan) B - Motion Accepting Silverwood Park Plan (Att. - #6B Proposed Plan) 7. PLANNING - Report by Representative A - A Motion to Direct Staff to Prepare Findings of Fact Regarding a Simple Subdivision /Lot Area Variance Applicant: Gregory Erickson Location: 5290 Howards Point Road (Att. - #7A Planner's Memoranda & Correspondence) B - A Motion to Direct Staff to Prepare Findings of Fact Regarding a Simple Subdivision /Variance for Two Dwellings (Temporarily) on a Single- Family Residential Lot Applicant: Matt Donahue Location: 5275 St. Albans Bay Road (Att. - #7B Planner's Memorandum) ow CITY COUNCIL AGENDA FEBRUARY 14, 1994 Page 3 of 3 8. REPORT ON ISLAND - DRY EYDRANT INFORMATIONAL MEETING A Motion to Set a Public Hearing to Establish a Fire Protection Utility & Charges 9. A MOTION ADOPTING A RESOLUTION AUTHORIZING THE USE OF OFF- SYSTEM STATE AID FUNDING FOR THE VINE HILL INTERSECTION (Att. - #9 Proposed Resolution) 10. MATTERS FROM THE FLOOR 11. DISCUSSION ON POLICY ISSUES 12. ADMINISTRATOR & STAFF REPORTS - Schedule of Rental Housing Code Inspections & Close of Sump Pump Program 13. MAYOR AND CITY COUNCIL REPORTS - 14. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS - (Attachment) WORK SESSION 1. IDENTIFY & PRIORITIZE ISSUES FACING THE CITY COUNCIL - 1994 (Att.- #Administrator's Memorandum) 2. ADJOURN ** INDICATES TAX INCREASE OR FEE IMPLICATIONS r - MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF S HOREWO OD 5755 COUNTRY CLUB ROAD 9 SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 EXECIITIVE SUMMARY . �a d S i v SHOREWOOD CITY COUNCIL MEETING MONDAY, FEBRUARY 14, 1994 EXECUTIVE SESSION: The 1994 -1995 AFSCME contract as negotiated will be presented to the City Council in the conference room at 7:00 p.m. AGENDA ITEM #3A: This item requires a four - fifths vote of the Council. Consequently it has been rescheduled for February 28th. AGENDA ITEM #3B: This is a request by Norwest Banks to traverse through the City during the annual half - marathon to be held on Sunday May 1, 1994. It is an annual event. AGENDA ITEM #3C: This resolution approves two single temporary gambling licenses. The first request is from the Variety Club Association to hold a raffle at the Minnetonka Country Club on Monday, June 6, 1994; and the second is from St. John the Baptist Church to hold an auction at the Minnetonka Country Club on Saturday, April 23, 1994. AGENDA ITEM #3D: This motion approves Change Order #2 to the Seasons' project. The increase for $51,952.23 to Widmer Inc. bringing the total cost estimate to $336,000. The budget is $337,100. AGENDA ITEM #3E: The property owner has placed logs around his property to prevent trespassing. He request that he be allowed to keep the logs in place until spring, at which time he proposes to erect a fence. The motion is to approve the extension to May 15, 1994. AGENDA ITEM #3F: This resolution approves a tree trimmer license for Davey Tree Expert Co., Inc. for the year 1994. AGENDA ITEM #3G: This is a motion approving the two year AFSCME contract, which will have been presented to the Council at the 7:00 p.m. Executive Session. A Residential Community on Lake Minnetonka's South Shore EXECUTIVE SUMMARY - COUNCIL MEETING FEBRUARY 14, 1994 PAGE 2 OF 3 AGENDA ITEM #4: The Senior Center Task Force will give their presentation to the Council at this meeting. They will expect a number of questions, but they do not expect the Council to take specific action at this meeting. AGENDA ITEM #5: The public hearing is scheduled for 7:30 p.m. on the proposed public improvements for the Brynmawr subdivision. This item has been canceled at the request of the developer. Attachments listed on the agenda are not included in the packet. AGENDA ITEM #6A: The Park Commission has reviewed and is recommending the enclosed landscape plan for Silverwood Park. Council can approve the plan by motion. AGENDA ITEM #6B: The City Council should review and consider approving the latest Silverwood Park plan as recommended by the Park Commission. The landscaping plan has been overlayed on that proposed plan. AGENDA ITEM #7A: Mr. Erickson proposes to subdivide his property at 5290 Howards Point Road into two lots. A variance was requested to make one of the lots smaller than 40,000 square feet in area. The other lot would make up for the variance by being larger than 40,000 square feet. After considerable discussion by the Planning Commission, investigations by the DNR and Watershed District regarding a rip rap permit, and reports from the City Attorney and City Engineer, the Planning Commission voted unanimously to recommend approval of the simple subdivision and lot area variance. AGENDA ITEM #7B: Mr. Donahue proposes to subdivide his property at 5275 St. Albans Bay Road into two lots. He also requests a variance which would allow him to locate a temporary dwelling on the vacant lot while he builds a new house. The Planning Commission recommends approval, subject to a number of conditions. AGENDA ITEM #8: I will report on what happened at the public informational meeting on the Islands regarding the dry hydrant system. The meeting is scheduled for Saturday, February 12th at 2:00 p.m. at Jerry Grewe's residence, 4550 Enchanted Point. The action this evening is simply a motion establishing a public hearing for 7:30 p.m. at the February 28th meeting to allow a fire protection utility charge on the Islands. I will explain the options in detail at this meeting. AGENDA ITEM #9: This resolution would allow us to use Municipal State Aid street funds for our potion of the cost of the Vine Hill intersection project. It is to our benefit to use State Aid street funds rather than our own in this case. EXECUTIVE SUMMARY - COUNCIL MEETING FEBRUARY 14, 1994 PAGE 3 OF 3 AGENDA ITEM #12: As the sump pump inspection program comes to a close, and as we are beginning rental housing unit inspections, we all need to be clear on what is happening. I would like a few minutes to discuss with the Council issues such as time extensions and who will be charged $300 on the next quarterly utility billing. WORK SESSION: Following the regular City Council meeting, the Council will meet in work session format. 1. Because only 15 issues have been identified to be prioritized this year, I am asking the Council to rank the issues from 1 to 15; 1 being the most critical issue and 15 being the least critical. If you prioritize the issues ahead of time, our work session can last just a very few minutes. Kristi and Bruce will have previously prioritized issues independently. We will then be able to accumulate everyone's opinion and come to a consensus Monday night. E CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JANUARY 24, 1994 MINUTES 1 1. CONVENE CITY COUNCIL MEETING COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:15 p.m. The meeting was called to order by Mayor Brancel at 7:15 p.m. A. Pledge of Allegiance B. Roll Call Present: Mayor Brancel; Councilmembers Benson, Daugherty, Lewis and Stover; Administrator Hurm, Acting Engineer DeLaForest, Attorney Keane, Planning Director Nielsen, and Financial Director Rolek. C. Review Agenda Stover moved, Daugherty seconded to approve the Agenda for January 24, 1994, with postponement of Agenda Items 4. and 11.A. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes and Executive Session Minutes - January 10, 1994. Daugherty moved, Lewis seconded to approve the January 10, 1994 City Council Meeting Minutes with a correction on page 8 (Police) and Executive Session Minutes with a correction on page 1 (negotiating). Motion passed 4/1. Stover abstained. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for January 24, 1994. Lewis moved, Stover seconded to approve the Consent Agenda and to adopt the Motions and Resolutions contained therein: A. RESOLUTION NO. 94-12 "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." 1 REGULAR CITY COUNCIL MINUTES JANUARY 24, 1994 - PAGE 2 B. Motion 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. C. RESOLUTION NO. 94 -13 "A Resolution Approving a Preliminary Plat and Street Construction Variance and Denying a Lot Width Variance for the Mott Addition." D. ORDINANCE NO. 284 "An Ordinance Amending Section 904.09, Prohibiting Discharges into the Sanitary Sewer System." E. RESOLUTION NO. 94 -14 "A Resolution Concerning the Concurrent Detachment and Annexation of Land - 6200 Cardinal Drive." F. Motion to Approve the Proposed Plan to Update Information System including authorizing an expenditure not to exceed $2,730. Motion passed 510. 4. REPORT - SENIOR HOUSING - POSTPONED. 5. MOTION TO APPROVE THE METHOD OF CALCULATING FEES TO BE PAID TO THE MWCC IN 1994 Rolek reviewed the proposed method of calculating payment of sewer service charges to MWCC for 1994 (detailed in his January 20, 1994 memorandum). Using sanitary flow rates collected from selected Shorewood lift stations over the last quarter of 1993, a weighted average daily use per sewer connection of 388 gallons per day has been calculated by the City Engineer (detailed in Dresel's January 19, 1994 memorandum). The sampling is based on 303 of the estimated 2,357 connections in the City. Total annual sewage flow would be about 334 million gallons; therefore, the estimated sewer service charges for 1994 using the engineer's estimated flows and the MWCC rate is calculated as follows: 334 million gallons x $1,243.24 /million = $415,242. Rolek explained the estimated flow is considered high since the areas served by lift stations are some of the lowest areas in the City 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. The method used for estimation of usage is based on accurate and credible data substantiated by documentation and represents a reasonable responsible method for calculating payment for 1994 sewer services. Rolek stated that while this estimate is about 12.4% higher than the City's 1993 estimate, it is based on more accurate data, and is lower than the MWCC's estimated 1994 sewer service charge which is calculated on 360 million gallons for a total 1994 billing of $447,566. He noted final charges for prior years still under dispute by the City are excluded. FA REGULAR CITY COUNCIL MINUTES JANUARY 24, 1994 - PAGE 3 Lewis inquired about the wide range of gallons used per connection per day shown on the summary of lift station data and whether recent inspections of apparent high usage stations have been conducted. DeLaForest stated the disparity is generally related to inflow /infiltration amounts. Nielsen stated those with inordinate flows will be inspected and televised. Rolek further clarified the MWCC's usage estimation and calculation methods. Stover inquired whether the Council's action on this proposal would affect the current litigation between the City and the MWCC. Keane stated that as the City presents its case as evidentiary matter, use of the very conservative assumptions highlights the disparity between the MWCC estimates and the worst case estimates. It establishes a base line for the City's assumption in terms of the worst case from the City's perspective, but does not establish for purposes of argument what the actual numbers are. Arguments will be drawn on those specific examples, but for purposes of payment it's a conservative approach and does not test the City's credibility but demonstrates a good faith position that the City will accept the high end payment and does not concede anything. It was noted the amount in dispute from last year is in the court's trust account and the City will continue to internally escrow the difference between the City's payment and the amount the MWCC is charging the City. Stover inquired what effect approval of the proposal will have on residents' current and future quarterly sewage costs. Rolek stated residents 1994 quarterly sewage billings will remain about the same under this proposal and future costs depend largely on the outcome of the City's dispute with the MWCC. Daugherty stated that while the current status of the dispute with the MWCC reflects a positive tone, it is prudent for the City to exhibit fiscal responsibility by calculating its sewage charges on the high side and recommended approval of the proposal presented. Rolek reiterated that the City will continue to escrow, on a monthly basis, funds from the Utility Account representing the difference between the City's sewer service payment and the amount the MWCC is billing. It was noted, however, that the account will be monitored and evaluated at mid -year since continual escrow of funds will deplete the funds available in the account. Keane stated expeditious resolution of the dispute could result in a May or June decision. Stover inquired about the cost of monitoring /televising /repair of lines related to suspect lift stations. DeLaForest stated televising costs range from $1 to $3 a foot and pointed out that although the gallons per day are high, there are only 25 connections and recommended that the economic feasibility of such work be reviewed. Lewis nonetheless supported investigation of any potential inflow /infiltration problems. Lewis moved, Benson seconded to approve the method of calculating fees paid to the MWCC in 1994 as outlined in Rolek's January 20, 1994 memorandum. Motion passed 510. 91 REGULAR CITY COUNCIL MINUTES JANUARY 24, 1994 - PAGE 4 6. RECONSIDERATION OF STREET LIGHT INSTALLATION - BRENTRIDGE DRIVE Brancel read a letter received from some Brentridge Drive residents withdrawing their request for additional street lights, asking for the City's support to change a bus stop location on that street, and supporting installation of a light at Howard's Point Road and Smithtown Road. Nielsen stated that while some residents on Brentridge continue to support additional street lights, there is a consensus for installation of a light at Howard's Point and Smithtown Roads. He noted that some of the signers of the original petition appear satisfied with relocation of the bus stop on Brentridge Drive. If the Council desires, procedures will be followed to bring to the Council consideration of installation of the Howard's Point /Smithtown lights. Hurm stated the Minnetonka Schools' Transportation Director has committed to adding a middle school bus stop next school year on Brentridge Drive. He reviewed the bus stop chart for grades K -12. Brancel opened a public forum. Beverly Decker, 5815 Brentridge Drive, explained that students at the current bus stop cannot be seen or heard by parents from their homes. The grade school bus stop has already been moved based on a reported attempted abduction. 25 homes are located on the half - circle residential street and the concern is that of safety of the children and vandalism occurring in the area. Lights currently exist at the corners of Brentridge Drive, but if the bus stop is not moved, Decker requested that additional lights be installed. Hurm pointed out the City does not control location of bus stops but can consider installation of additional street lights. Lewis encouraged the residents to appeal to the school district for the bus stop relocation. 0 Richard Gay, 5695 Howard's Point Road, referred to the original petition presented several years ago which resulted in a compromise allowing two street lights that were deemed adequate yet preserved the natural rural atmosphere of the neighborhood. He indicated that new residents are aware of the type of neighborhood into which they are moving. He stated additional street lighting should not be necessary in the curve of Brentridge Road if the bus stop is relocated and suggested parents may wish to tend the bus stop until it is relocated. A streetlight at Howard's Point and Smithtown Roads would be acceptable. He suggested the City may wish to review the criteria for street light installation in connection with the new developments occurring in Shorewood. His conversations with residents in various parts of Shorewood indicate that 70% do not want more street lights, but wish to retain the rural atmosphere of the neighborhoods. 4 REGULAR CITY COUNCIL MINUTES JANUARY 24, 1994 - PAGE 5 Pete Holmberg, 5955 Cajed Lane, supported the statements made by Mr. Gay, supported relocation of the bus stop on Brentridge Drive, opposed installation of additional street lights and suggested that some lights could even be removed. Ron Forneris, 5730 Brentridge Drive, stated that safety of residents should be the primary concern and requested the Council's favorable consideration of the installation of additional low voltage street lights in the subject community. Becky Henderson, 5785 Brentridge, reported the DNR has indicated that additional light would not harm the wildlife in the area. She requested additional lighting on Brentridge Drive to deter vandalism occurring in the neighborhood. Brancel closed the public forum. Nielsen reviewed the City's current policy on the installation of street lights which states the City will install street lights for traffic related reasons but not for security reasons. He stated that four locations for additional lighting were identified under the current policy. He reiterated that both the Howard's Point Road and Brentridge Road residents appear to agree that additional lighting is needed at Howard's Point and Smithtown Roads for traffic considerations. Nielsen described the proposed and current light fixtures and noted that if power does not exist at a location, the residents would have to cover the costs of that installation. Stover inquired whether street lights or individual residential lights are more effective in deterring vandalism. Lewis inquired whether the City's installation of street lights, whether decorative or standard type, can prevent vandalism and whether lighting creates a false sense of security. He reiterated that the residents contact the School District's Transportation Director to request relocation of bus stops. Hurm suggested that an opinion regarding effectiveness of various lights could be obtained from the police chief. Nielsen indicated that decorative and standard lights are similar and use 100 watt sodium bulbs, however the neighborhood residents must pay the extra cost for decorative lights. Stover stated the Council should determine the reason for the neighborhood's request for additional lights, whether it is for traffic safety or for deterring vandalism and review the request in terms of the City's current policy. Lewis stated the area has been developed according to the current policy for light installation for traffic safety. During discussion, the Councilmembers noted the petition requested additional street lights, then became a bus stop issue and agreed the request appears to be safety- related, which does not fall under the City's current policy of installing street lights for traffic related reasons. The Council did not wish to set a precedent that would allow lighting areas as a deterrent to vandalism and suggested that residents call the police when problems arise. They agreed that since the School District's Transportation Director has committed to adding a bus stop next school year, the safety of children has been addressed and the residents may wish to pursue this further with the School District, additional street lighting should not be installed at this time. 5 REGULAR CITY COUNCIL MINUTES JANUARY 24, 1994 PAGE 6 Daugherty moved, Lewis seconded to deny the request for additional street light installation on Brentridge Drive since it did not fall within the guidelines of current City policy, but encouraged the neighborhood residents to pursue the bus stop issue with the School District and come back before the Council with the street light issue if necessary. Motion passed 510. It was agreed that the staff should proceed with the necessary procedures for consideration of installation of street lights at Howard's Point Road and Smithtown Road. 7. CONSIDERATION OF ADOPTION OF AN ORDINANCE RELATING TO THE OPENING BURNING CODE Hurm noted a revision to the proposed Ordinance relating to open burning on page 2, line 4, deleting the word "fluid." Fire Marshal Ca Smith explained that the DNR has been designated as the sole authority 10 Cary xp g t regulating open burning in the State. The DNR has suggested adoption of a uniform ordinance to establish guidelines for burning within the City, require a permit for burning and provide for payment of a fee for an open burning permit. The Fire Marshal has been authorized to issue permits on behalf of the DNR and the City. The proposed ordinance establishes guidelines for recreational /camp fires and requires an annual no -fee permit for such fires. The Fire Marshal answered questions regarding provisions of the ordinance as it relates to recreational burning. Smith stated the ordinance will clarify and allow uniform administration of the rules for recreational burning. Lewis moved, Daugherty seconded to adopt ORDINANCE NO. 285 "An Ordinance Amending Section 501.03 of the Shorewood City Code Relating to Open Burning and Amending Chapter 1301 by Adopting an Open Burning Permit Fee and Amending the Police and Fire Alarm Permit Fee." 0 Motion passed 510. 8. CONSIDERATION OF ADOPTION OF A RESOLUTION RELATING TO PARKING RESTRICTIONS Hurm noted revisions in paragraph 6 of the proposed resolution to add the opinion of the Fire Marshal and to change the deposit for each bag to $10.00. Hurm explained that the proposed resolution will establish a parking by permit only zone for Christmas Lake Road. Residents would apply for a parking permit for a maximum of 72 hours, pay a deposit of $10 for each bag to place over "No Parking Signs ", cover the signs during the prescribed time, and return the bags for a refund of the deposit payment. Parking would be allowed only on the west side of the street. The Police Chief, Fire Marshal, and Director of Public Works would determine whether bagging of no parking signs would cause a public safety concern and City staff will be responsible for expeditiously obtaining the required approvals. 11 REGULAR CITY COUNCIL MINUTES JANUARY 24, 1994 - PAGE 7 Nielsen clarified that the Ordinance that authorizes the City to allow permit parking has flexibility to regulate parking. The proposed resolution is within the scope of that authority, is specific for Christmas Lake Road, does not set a precedent, and will provide for simpler administration of permit parking. Daugherty moved, Stover seconded to adopt RESOLUTION NO. 94 -15 "A Resolution Establishing a'Parking by Permit Only' Zone on Christmas Lake Road," including revisions to paragraph 6. Motion passed 510. 9. CONSIDERATION OF REFUND REQUEST Rolek reviewed the request of Mr. Ben Smith, 4690 Lakeway Terrace, for abatement of a 0 late penalty assessed to his utility account. Smith maintains a check for payment was mailed on October 20, prior to the October 31 due date, however, the check was not received by the City and did not clear his bank. Previous action by the Council to deny similar requests is based on the fact that nonreceipt of the payment is a postal error beyond the control of the Council and the petitioner should seek restitution from the Postal Service as the responsible party. Rolek recommended denial of the request for abatement of the late penalty. The Council agreed that denial of the request was appropriate based on established policy. Lewis moved, Stover seconded to deny the request to remove a late penalty assessed to the utility account of Mr. Ben Smith, 4690 Lakeway Terrace. Motion passed 510. 0 10. PARK - No Report. 11. PLANNING - No Report - Meeting /study session canceled. A. Motion to Direct Staff to Prepare Findings of Fact Regarding a Simple Subdivision /Lot Area Variance. Gregory Erickson. 5290 Howard's Point Road. POSTPONED. B. Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance. John Einhorn. 5580 Howard's Point Road. Nielsen stated the staff and Planning Commission unanimously recommend approval of the setback variance requested by John Einhorn, 5580 Howard's Point Road. Lewis moved, Daugherty seconded to direct the staff to prepare findings of fact resolution regarding a setback variance for John Einhorn, 5580 Howard's Point Road. 7 REGULAR CITY COUNCIL MINUTES JANUARY 24, 1994 - PAGE 8 Motion passed 510. C. Motion to Approve the Site Plan and Adopt a Resolution approving the Final Plan - Waterford 6th Addition (Commercial P.U.D.). JMS Equities, Inc. Outlot C, Waterford 4th Addition. Nielsen explained that the applicant has complied with recommended revisions to the initial site plan including meeting all setbacks and additional landscaping. Although the applicant took issue with some of the restrictions placed on the commercial operations, the Planning Commission recommended adherence to the restrictions and recommended approval of the site plan as revised. Nielsen stated the plans are for the first phase strip center to be located on the west end of the Waterford commercial site. He explained that any changes to restrictions previously recorded against the property require a public hearing. Nielsen stated the developer will provide the City with a copy of the tenants' agreement. He described improvements made by the developer to the original development stage plan and preliminary plat approved in 1990 and stated that six gas pumps are allowed under the previously approved plan. Keane reiterated that any change to the existing P.U.D. requires a public hearing and 4/5 approval of the Council of an amendment. Daugherty stated that his acceptance of the proposal is with protest in that he was not a member of the Council at the time of the original P.U.D. approval, therefore did not have any input into the decision to accept the final plan for development of the commercial portion of the Waterford site, and that any changes at this point would require a public hearing and potential lawsuit. Lewis expressed concern that the project was not requested by the area residents but has been forced upon the neighborhood and stated that in the future strip malls should not be installed in residential neighborhoods. It was noted the developer is not requesting amendments to the original commercial development P.U.D. which was approved through the accepted process some time ago. Stover moved, Benson seconded to approve the site plan and to adopt RESOLUTION NO. 94 -16 "A Resolution Approving the Final Plat of Waterford 6th Addition." Motion passed 4/1. Lewis voted nay. The meeting recessed at 8:58 p.m. and reconvened at 9:05 p.m. 12. MATTERS FROM THE FLOOR - None. 13. DISCUSSION ON POLICY ISSUES A. Report on Rental Housing Code - Brad Nielsen 0 REGULAR CITY COUNCIL MINUTES JANUARY 24, 1994 - PAGE 9 Nielsen reported on the status of the Rental Housing Code. Notices have been sent to all known owners of rental property advising them of the Code adopted by the Council. The effective date of enforcement was delayed to January 1, 1994 to study the recommendations of a task force. Nielsen reviewed the provisions and purpose of the Code which are primarily concerned with safety /hazardous conditions. Based on a task force recommendation, licensing and inspection has been changed from annual to an every three years schedule. Owner complaints received include: Code is unfair and discriminatory and should apply to all housing units. These arguments were considered by the task force and the current Code resulted from those considerations. To date, 49 of the 95 rental property owners have applied for licensing. Inspections will begin in the spring when outside features such as sidewalks can be inspected. A trial inspection was conducted and it was found that 3 items needed correction. Nielsen indicated that a petition is apparently being circulated among rental property owners objecting to the Code. Stover stated that certain landlords have presented information that necessitate a review of the Code. Stover expressed concern that a number of the standards in the Code, such as requirements for snow removal, yard maintenance and livable square footage, are not entirely safety related and that some items should be established between the owner and tenant under a lease arrangement rather than be regulated and inspected by the City. In addition, Stover expressed concern regarding the need for an additional inspector to enter a "private" residence, whereas the fire marshal could routinely include inspections of safety concerns such as electrical wiring, etc. Stover recommended that prior to beginning inspections of rental housing, the Code be referred to the Planning Commission for review with particular attention to safety, structural and aesthetic issues. Lewis inquired how the ordinance compares with those of other communities. Nielsen stated the ordinance was drafted based on those of other communities and input from local landlords was taken after the ordinance was first adopted through the task force. He noted that although the task force provided recommendations for changes to the ordinance, it did recommend that a rental housing code not be adopted. Nielsen indicated the ordinance has little to do with aesthetics, is intended to establish the owner's responsibilities, and that inspection is intended to identify immediate hazards. Lewis pointed out the policy has previously been considered by the Planning Commission, the task force and approved by the Council. He stated it has not yet created any enforcement problems and supported the ordinance until such time that concerns are brought to the Council's attention under the appeal process. Daugherty supported the ordinance as being reasonable and responsible regulation by the City in the interests of safety. Brancel stated opposition to returning the ordinance to the Planning Commission since appropriate procedures were followed in the Council's unanimous approval of the ordinance and agreed that the Council may wish to re- consider the ordinance in the future if concerns resulting from inspections are brought to its attention. Benson stated that although he accepts most of the provisions of the ordinance, he agreed that it be returned to the Planning Commission for review of the concerns expressed by Stover. He pointed 9 REGULAR CITY COUNCIL MINUTES JANUARY 24, 1994 - PAGE 10 out that the inspection under this ordinance is of a business and not that of a private /personal home. Brancel opened a public forum at 9:35 p.m John Dennis, owner of rental property at 5540 County Road 19, stated he owns 15% of the City's rental housing units. He attended a meeting 2 years ago and volunteered to be a member of the task force to review the proposed ordinance yet was not contacted to serve on the committee. He appealed for his due process in establishing the ordinance. He pointed out that rental property pays tax at a rate 3 times that of the homestead rate and that in St. Louis Park the fire marshal inspects the property using the building code as a guide. He characterized the City's rental housing code as being "poor." Harvey Strohm, 5945 Christmas Lake Road, presented and read a petition signed by 110 persons objecting to the City's rental housing ordinance. Strohm (whose property was recently trial - inspected) stated he will not ever make the repairs deemed necessary as a result of the inspection nor will he pay the required licensing fee. He stated he did not receive proper notification of the ordinance and that the City records show incorrect, incomplete and inaccurate information with regard to his address and of the names of rental property owners. He expressed strong opposition to the ordinance as being discriminatory toward rental property owners because higher standards are set for rental properties than for single - family houses; does not provide for grandfathering; is an invasion of privacy; is too restrictive; makes it impossible for older properties to pass inspection and treats senior citizens harshly. He was surprised his property did not pass the trial inspection after spending a considerable amount of money to maintain it. He derided the suggested remedies for correction of the violations. He stated that his property located in Minneapolis was grandfathered in and he was required only to make a change in the electrical service. He characterized the City as a bureaucratic police state. Strohm made reference to and commented on statements made by City officials and Councilmembers in a January 19, 1994 newspaper article. He stated the ordinance duplicates published and accepted tenants rights documents and increases costs to property owners. He suggested the City would need to hire additional staff to process the appeals that will be generated by the ordinance. Brancel closed the public forum at 10 p.m. Benson stated that he participated in the trial inspection of Mr. Strohm's property and explained that options are available for correcting the violations at a reasonable cost. Benson described the property as a beautiful piece of property and reported that the inspectors were courteous. Stover reiterated concerns regarding requirements that were not safety related and noted that owners of private homes are not generally held to similar standards. Lewis acknowledged that from a cost standpoint, owners of multiple properties might face a hardship, but pointed out that he failed to see where the ordinance has created a problem for any landlord to date, and reconsideration of the policy should be conducted when the 10 REGULAR CITY COUNCIL MINUTES JANUARY 24, 1994 - PAGE 11 appeal process identifies a problem. Stover argued that it is unreasonable to have an ordinance that may not be enforced or through an appeal process will be revised according to those appeals. Daugherty stated that if a large number of appeals are made against certain aspects of the ordinance by those who are regulated, then those provisions should be reviewed. Doug Malam, a member of the Planning Commission, stated it appears Shorewood has become a code compliant City for rental housing only and agreed the fundamental issue of code compliance should be addressed by the Planning Commission. Stover pointed out the ordinance specifically states that the City will not arbitrate disputes between a tenant and owner; however the City's position is unclear in a situation where a owner does not comply with standards. Nielsen stated that if the problem created a health hazard, the City would make an inspection and advise them to make the cleanup, and the ultimate remedy would be through the court system. Stover moved, Benson seconded to refer the Rental Housing Code to the Planning Commission for its review, discussion and consideration. Motion failed 2/3. Brancel, Daugherty and Lewis voted nay. The Councilmembers agreed that the Planning Commission should address the issue of code compliance in the City of Shorewood. 14. ADMINISTRATOR AND STAFF REPORTS A. Staff Report on Liquor Store Management Plan - Al Rolek Rolek informed the Council of plans to install an inventory control system to track and S monitor the movement of liquor store inventory. A recommendation for the plan will be presented for the Council's consideration in the future. B. Report on Beverly Drive /Cajed Lane Traffic Situation - Jim Hurm Hurm presented the results of a survey of Beverly Drive /Cajed Lane residents designed to obtain their input regarding solutions for traffic problems in the area. He reviewed actions taken to date to alleviate the problems. The results show that the majority of residents indicated that no further action need be taken. Hurm noted that the subject area would be one which would be monitored by the part -time traffic enforcement specialist to be hired by the City. Brancel opened a public forum. Pete Holmberg, 5955 Cajed Lane, stated the majority of the neighborhood prefers the cul- de -sac solution to the problem and efforts will be made to organize the residents and 11 REGULAR CITY COUNCIL MINUTES JANUARY 24,-1994 - PAGE 12 prepare a petition to that effect. He stated the root cause of the problem was that of zoning that allows a higher density which in turn creates additional traffic. Kevin Stern, 26885 Beverly Drive, stated opposition to a no left /no right turn solution to the problem because streets are basically for the public to use. Julie Hines, 6045 Cajed Lane, stated the situation requires additional study in theinterests of safety particularly for children in the neighborhood. Brancel closed the public forum. Following discussion, the Council noted that "no through traffic" signs have been erected, traffic has been monitored for violations in the area, the part -time enforcement specialist will monitor the area when hired, therefore no additional action by the Council is necessary at this time. The Council agreed the Board of Review meeting will be held on Wednesday, May 11, 1994. The Council requested that the status of the LMCD be placed on its next meeting agenda. 15. MAYOR AND COUNCIL REPORTS - None. 16. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS Mayor Brancel announced the Work Session will be rescheduled and the Council agreed to reschedule the Executive Session to the beginning of the February 14 Council meeting. Lewis moved, Stover seconded to adjourn the City Council Meeting at 10:55 p.m. subject to the approval of claims. Motion passed 510. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary Timesaver Off Site Secretarial ATTEST BARBARA J. BRANCEL, MAYOR JAMES C. HURM, CITY ADMINISTRATOR • 12 /® ►a/ / / / /er �1 NOBWEW BANKS / / /// KNIVER January 19, 1994 Mayor Barbara Brancel City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Subject: Lake Minnetonka Half Marathon • (formerly Easy Race) Dear Mayor Brancel: Norwest Bank Minnesota, N.A. Wayzata Office 900 East Wayzata Boulevard Wayzata, Minnesota 55391 6121473 -8855 Our annual half- marathon between Wayzata and Excelsior is scheduled for Sunday, May 1, 1994. We again expect approximately 600 runners. As in past years, we will start in Wayzata at 9 :00 A.M. and use the same route as before. Once again, we will be contributing race proceeds to area community organizations. Please send me any permit applications your ordinances may require. I will complete and return them immedi- ately upon receipt. If you have any questions, please call me at 476 -3882. Si erely, Paul W. Maahs Assistant Vice President PWM /ld -FJ J CITY OF SHOREWOOD RESOLUTION NO. 94 - A RESOLUTION APPROVING SINGLE TEMPORARY GAMBLING LICENSES WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing of certain gambling activities in the City; and WHEREAS, the City prescribes certain restrictions concerning eligibility for such licensing and application, whereby the licensee will hold the City harmless for all claims arising out of the granting of such license; and WHEREAS, the following applicants have met the eligibility requirements for such a license and have agreed to all terms and conditions of the agreement contained in the license. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That a single temporary license for the conduct of gambling as specified in the terms and conditions of the license be issued to Variety Club Association, said drawing to be held Monday, June 6, 1994 at the Minnetonka Country Club; and 2. That a single temporary license for the conduct of gambling as specified in the terms and conditions of the license be issued to St. John the Baptist Church, said date of activity to be held on Saturday, April 23, 1994 at the Minnetonka Country Club. ADOPTED by the City Council of the City of Shorewood this 14th day of February, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator /Clerk " . Minnesota Lawful Gambling FOR BOARD USE ONLY LGM Application for Authorization for NET DATE (Rev, 4293) Exemption from Lawful Gambling License Fill in the unshaded portions of Mis application for exemption and send it in at leas! 45 days before your gambling acfbaty for processing Name and.Address of Orgartitzatiort -_ Organization Name CurrentVevlous license number Current previous exempt number Variety Club Association 9 Street City State Zip code County Name of site where activity will take place Minnetonka Country Club street City -------- - - - - - - - - Township State Zip code County 40 24575 Smithtown Rd. Shorewood UN Henneuin Date(s) of activity (for raffles, indicate the date of the drawing) Bingo ❑ ; Raffles Paddlewheels ❑ Ti boards ❑ Pull -tabs ❑ :.; I declare all information submitted to the str�utor from "'''°'" gambling equipmera was purcrtase Gambling Control Board is true, accurate, utos lcense nu and complete. I declare all financial information submitted to tha Gambling Contra Chief Executive Officer's Signature Da Chie Exscutiva.Officeeii Signaturo Local Unzt of,Goi)6 ment.AcknowIedgment .. _ _... _ I have received a copy of this application. This appllcatlon will be reviewed by the Gambling Contra Board and will become effective 30 days from the date of receipt by the city or county, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled In below. Cities of the first class have 60 days In which to disallow the activity. City or County Township Township is .city of county name Towrtsttlo name • o -- � ship ._ of person This form will be made available in alternative format (i.e. large print, braille) upon request. person Mail with $25 permit fee and copy of proof of nonprofit status to: Gambling Control Board 1711 W. County Rd. B, Ste. 300 S. Roseville, MN 55113 ❑ organized ❑ unorganized' ❑ unincorporated' ' Attach letter White - Original Yellow - Board retums to Organization to complete shaded areas 1"'.T ;'c Variety Association Supporting the Variety Club January 13, 1994 Children's Hospital and Clinics at the University of Minnesota Teri Naab Board of Directors Deputy Clerk Officers City of Shorewood R. Carter McComb, President 5755 Country Club Road Fir Ar lene Vice President Shorewood, MN 55331 ,_ Jam es Anderson, nd Vice President Dan Mandich, Dear Ms. Naab: Treasurer Ceeya Bolman, Secretary Greetings to you from Variety Club. I hope you had a good holiday. Directors Donald Beeler N. Larry Benison We are in the beginning stages of planning for our annual golf Gail Brekke tournament again this year which will be held at the Minnetonka Joanne Cameron Henry Cousineau, III Country Club in June. Amos Deinard. M.D. Be Gagner E Dave I have enclosed a check made payable to the City of Shorewood in Rodney Joharil William LaRoque the amount of $25 for a single occasion temporary license for a raffle ue C. Walton Liliehei, M.D. we hold during the golf tournament. Marilyn Loffhagen Patricia Lucas George Reilly I have also enclosed a completed "Application for Exemption from i David Tess id Te51ow Lawful Gambling License form. Would you please complete the 10 Dav appropriate information and return the form to me. At the receipt of Past Presidents Mark Niblick the form, I will then enclose a check to the Gambling Control Board Phil Rafnson and return it to them. Russell V. Lucas. Jr., M.D. Joseph M. Reilly, Jr. John P. Ayotte Thank you. If you have any questions, please give me a call at 624 - International 2126. Ambassador John P. Ayotte Executive Director William L. Heiman Sincerely, Ex- Officio 0 1 Deborah K. Wittenbe Director of Development 391 East River Road, Minneapolis, MN 55455 (612) 624 -6900 FAX: (612) 626 -1144 Affiliated with the P.Amnesota Medical Foun dauon FEE CHK INIT DATE- Current/previous exempt number X- 27037 -93 -001 County Hennepin Daytime Phone Number (612) 474 -6358 Check the box below which indicates your type of organization ❑ Fraternal ❑ Veterans Rf Religious ❑ Other non -profit of person Name of "a where activity will take place Minnetonka Country Club Street CRY -------- - - - - - - - - Township State Zip code County 24575 Smithtown Road Shorewood ?AN Date(s) of activity (for raffles, Indicat the date of the drawing) ADril 23. 1994 t declare all financial information Submitted Wine Gambling Control Board Is true accurate; and comp lets 2/1/94 _ Chief Executive Officer's Signature Date Chief Executive:OfflcersSlgnaturo Locdi' `Untt of Go vernmentAcknowiiedgment I have received a copy of this application. This application will be reviewed by the Gambling Control Board and will become effective 30 days from the date of receipt by the city or county, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled In below. Cities of the first class have 60 days in which to disallow the activity. City of county name name person receiving application Date received :heck the box that indicates your proof of nonprofit status and attach a copy of the proof to the application. [� IRS designation ❑ Certification of good standing from the Minnesota Secretary of State's office ❑ Affiliate of parent nonprofit organization (charter) This form will be made available in alternative format (i.e. large print, braille) upon request. Mail with $25 permit fee and copy of proof of nonprofit status to: Gambling Control Board 1711 W. County Rd. B, Ste. 300 S. Roseville, MN 55113 Township is ❑ organized ❑ unorganized' ❑ unincorporated' Attach letter White - Original Yellow - Board returns to Organization to complete shaded areas 7j 0 Orr Schelen IViayeron8' February 9, 1994 Associates, Inc. 300 Park Place Center 5775 Wayzata Boulevard Honorable Mayor and City Council Minneapolis, MN 55416 -1228 City of Shorewood 612- 595 -5775 5755 Country Club Road 1- 800 - 753 -5775 Shorewood, MN 55331 FAX 595 -5774 Re: Season's Elderly Housing Change Order #2 City Project 93 -2 OSM File 5047.07 Dear Mayor and Council Members: Engineers Architects Planners Surveyors Attached is Change Order Request #2 for the referenced project. This change order reflects, essentially, the changes to the project required due to peat soils that were found after construction began. None of this peat was indicated in the soil borings provided by the Developer. However, such contingencies were budgeted for, and no additional funding should be required. As the contractor has completed the majority of his work, we are now able to make an estimate of the final costs incurred. Construction: $ 290,000 Engineering $ 35,000 Fiscal & Legal $ 11,000 TOTAL EST. COST $ 336,000 's The original budget was delineated as follows: Local Costs assessed to Development: $ 225,000 Mn /DOT Budget for this Project: $ 50,000* Trunk Water Funds: $ 16,600 Trunk Storm Sewer Funds: $ 15,000 Trunk Street Funds: $ 30,500 TOTAL BUDGET: $ 337,100 * This amount has been confirmed in Mn /DOT's State Fiscal Year 1995 Municipal Agreements Program received 1/18/94. 1 \\ H: \CIVIL \NM\ ENGINEER \ lAD \LErrERS \020994SHD Equal Opportunity Employer Honorable Mayor and City Council City of Shorewood, MN February 9, 1994 Page 2 Since the project is essentially complete from the City's standpoint, the project should be completed on budget. Therefore, we recommend approval of this change order. If you have any questions, please call me at 595 -5695. Sincerely, ORR- SCHELEN- MAYERON & ASSOCIATES Joel A. Dresel, P.E., L.S. City Engineer • H: \CIVIL \NM \ENGINEER \JAD\ LETTERS \020993SHD Orr Schelen 300 Park Place Center 612 - 595 -5775 Change Order 0_4SIAR Mayeron& 5775 Wayzata Boulevard 1- 800 - 753 -5775 Assoc78tes,Inc. Minneapohs, MN 55416 -1228 FAX 595 -5774 C Change Order No: 2 City Project No. 93 -2 Project: Season's Elderly Housing Project City of Shorewood OSM Project No. 5047.07 Owners: City of Shorewood Date of Issuance: February 8, 1994 5755 Country Club Road Shorewood, MN 55331 Contractor: Widmer, Inc. Engineer: Orr - Schelen - Mayeron P.O. Box 219 & Associates, Inc. St. Bonffacius, MN 55375 You are directed to make the following changes in the Contract Documents: Description: Extra work due to discovery of unsuitable soils and change in culvert materials. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: $217,025.40 Original Contract Time: N/A Previous Change Orders No. 1 to No. _: Net Change from Previous Change Orders: +$30,525.00 N/A Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $247,550.40 N/A Net Increase (Decrease) of this Change Order: Net Increase (decrease) of Change Order: $51,952.23 N/A Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $299,502.63 N/A Recommended By: Approved By: Widmer, Inc. Approv Q i Approved By: Date of Council Action: ' City Engineer City Manager Engineers - Architects - Planners - Surveyors MAYOR Barb Brancel DED COUNCIL Kristi Stover EHT FIL Rob Daugherty Daniel Lewis E Bruce Benson CITY OF SHOREWOOD _,_ 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 • DATE: 29 November 1993 TO: Richard Haun, Jr. 28100 Boulder Bridge Drive Shorewood, MN 55331 PROPERTY LOCATION: 28100 Boulder Bridge Drive PROPERTY IDENTIFICATION NO.: 31- 117 -23 -31 -0018 NOTICE TO REMOVE Offensive and Unhealthy Substances NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.01 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes, but -is not limited to the following: Large logs along the west side of property adjacent to Woodside Road. You are hereby required to remove the above - described matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.01 within ten (10) days from the date hereof. In the alternative; you may file a written notice of appeal, stating when you intend to comply or why you can not comply, at the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days, the City shall take whatever action as may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lein against the property. * ** PLEASE GIVE THIS MATTER YOUR ]IMMEDIATE A'I'T7ENTION * ** BY ORDER OF THE SHOREWOOD CITY COUNCIL A Residential Community on Lake Minnetonka's South Shore 3.E.1 t .. Date February 1, 1994 ,To. . Brad Nielsen .City Of Shorewood A - 5755 Country Club Road } t $ r ,< Shorewood, Minnesota 55331 -8927 r , 7 'r 3 - v i .r,,,, , a t i > - k J lo 4 Re Wri Notice Of Appeal y Kr v Notice To Remove t .;.•. f75.�r h . -..,. . u .,. Last winter we expenenced . significant snowmobile traffic across ourproperty _between the cul= de- sac the end of Woodsi Bridge de Road and Boulder Dnve, yx despite posted ;,'No Snowmobihng" signsri; In an effort (successful) to deter y a snowrriob1le raffc this winter, we placed ahe referenced logs along the west side '�, of our property adjacent to Woodside Road �It is our �ntent�on to'cut these logs' ..;, into fireplace lengths and stack them in the spring p We ask the ci ty's to leave the logs in place until -that time; no later. than May 15, 1994 , Please feel y � r _. :.. s { s free to call us with any questions @ 474 A 424 :: -: 4 .- 'fib t 'r ✓l � : ( iz g `t. � : 2 Ey+�R� - tiw S �' Y S 1 4 t r �' � �4 * hX ; � � i �`'' y tz Sa) '%• ,T' r't y t - ._. ck &' Chri - � f 3 1 t !• L- rT 0. d ��.X'��t3�.eP L Y !C Y _ E^ f 3 3' 4 1. p ! � r \ v f• � T h � ,k r E_ .J ,S Y _ - yd i AlfzYi nr { _ t E t S �4t CITY OF SHOREWOOD RESOLUTION NO. 94- A RESOLUTION APPROVING A TREE TRIMMER LICENSE WHEREAS, the Shorewood City Code Section 305 provides for the annual licensing of tree trimmers in the City; and WHEREAS, said Section provides that an applicant submit a letter of intent and fulfill certain requirements concerning insurance coverage and pay licensing fee; and WHEREAS, the following applicant has satisfactorily completed this process and has submitted the requirements for the issuance of a License for Tree Trimmers. NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood as follows: That a License for Tree Trimming be issued from February 14, 1994 to December 31, 1994, to the following applicant: Applicant Firm Name Address Folie Brogg Davey Tree Expert 1500 N. Mantua St. Co., Inc. Kent, Ohio 44240 ADOPTED by the City Council of the City of Shorewood this 14th day of February, 1994. 0 Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator /Clerk �s3 r Mayor :.,_,.' and Council members: My name is reside in the city of -y I am writing this letter in support of our city, in conjunction with the four other cities which help fund the senior center, issuing a bond to finance a Senior /Community Center in Shorewood on land donated by that • city. The Hennepin County Office of Planning and Development has projected that our five cities will have a 13% increase in people age 60 and older in the next 10 years. Having a community center for the use of not only seniors, but the communities - for meetings, receptions, social events - with a fully- equipped kitchen would be an asset to all of us. The seniors need to be able to gather for meals, programs and social events, and to avoid isolationism which would certainly be appreciated by their busy children and caretakers. Please support this bond issue - it will pay off in the future for all. Sincerely, r Mayor BRANCEL and Council members: My name is OPAL SCHRAM reside in the city of EXCELSIOR I am writing this letter in support of our city, in conjunction with the four other cities which help fund the senior center, issuing a bond to finance a Senior /Community Center in Shorewood on land donated by that city. The Hennepin County Office of Planning and Development has projected that our five cities will have a 13% increase in people age 60 and older in the next 10 years. Having a community center for the use of not only seniors, but the communities - for meetings, receptions, social events - with a fully- equipped kitchen would be an asset to all of us. The seniors need to be able to gather for meals, programs and social events, and to avoid isolationism which would certainly be appreciated by their busy children and caretakers. Please support this bond issue - it will pay off in -the future for all. 9 Sincerely, Opal M. Schram 777 Excelsior Blvd-4103 Excelsior, Mn 55331 it M Mayor 004 Nq 41 ES and Council members: 'IVY L �� reside in the c of �e e OD � y � 1 am writing this letter in support of our city, in conjunction with the four other cities which help fund the senior center, issuing a bond to finance a Senior /Community Center in Shorewood on land donated by that i city. The statistics you have been made aware * of recently show that in 10 short years our five communities will have approximately 14,800 people age 60 and older. Having a community center for the use of not only seniors, but the communities - for meetings, receptions, social events - with a fully- equipped kitchen would be an asset to all of us. The seniors need to be able to gather for meals, programs and social events, and to avoid isolationism which would certainly be appreciated • by their busy children and caretakers. Please support this bond issue - it will pay off in the future for all. Sincerely, Mayor and Council members: My name is I reside in the city of I am writing this letter in support of our city, in conjunction with the four other cities which help fund the senior center, issuing a bond to finance a Senior /Community Center in Shorewood on land donated by that city. The Hennepin County Office of Planning and Development has projected that our five cities will have a 13% increase in people age 60 and older in the next 10 years. Having a community center for the use of not only seniors, but the communities - for meetings, receptions, social events - with a fully- equipped kitchen would be an asset to all of us. The seniors need to be able to gather for meals, programs and social events, and to avoid isolationism which would certainly be appreciated by their busy children and caretakers. Please support this bond issue - it will pay off in the future for all. Sincerely, Mayor �9,,s��J l_�. ��; and Council members: My name is o Aj ; I reside in the city V of I am writing this letter in support of our city, in conjunction with the four other cities which help fund the senior center, issuing a bond to finance a Senior /Community Center in Shorewood on land donated by that city. 0 The Hennepin County Office of Planning and Development has projected that our five cities will have a 13% increase in people age 60 and older in the next 10 years. Having a community center for the use of not only seniors, but the communities - for meetings, receptions, social events - with a fully- equipped kitchen would be an asset to all of us. The seniors need to be able to gather for meals, programs and social events, and to avoid isolationism which would certainly be `appreciated by their busy children and caretakers. Please support this bond issue - it will pay off in the future for all. Sincerely, _ _ � �� -� le Senior Center Task Force members: Dee_phaven - Chuck Britzius and Ed Fuller; Excelsior - Dan Ryerson and Vi Tendall; Greenwood - Jan Gray and Irene Sanko; Shorewood - Bob Gagne and Gerald Sjoberg; Tonka Bay - Tim McGlynn and Ida Juhl. Shorewood City Officials �� Mayor Barbara Brancel �f 5440 County Road 19 �� l✓>/ Shorewood, MN 55331 C� -�'�"✓ Phone: 474 -3824 Cou n c il Bruce Bensen r 5820 Christmas Lake Road Shorewood, MN 55331L Phone 474 -6432 Bob Daugherty 19670 Sweetwater Curve Shorewood, MN 55331 r/ Phone: 474 -8857 Daniel Lewis 5770 Covington Road Shorewood, MN 55331 Phone: 470 -1603 Kristi Stover 47 55 W est Lane f Shorewood, MN 55331 Phone: 474 -7973 Plant Schedule - Silverwood Park Qty. Common Name Botanical Name Size Notes Trees 5 Autumn Purple Ash 7 9 9 2 11 Shrubs 40 24 162 9 78 10 40 42 Japanese Tree Lilac River Birch Robusta Poplar Swamp White Oak Tamarack White Oak American Hazelnut American Highbush Cranberry Anthony Waterer Spirea Dwarf Bush - Honeysuckle Fragrant Sumac Gray Dogwood Little Princess Spirea Materials 420 L.F. Steel Edging 1,050 S.Y. Weed Barrier 350 C.Y. Mulch Fraxinus americana 'Autumn Purple' Syringa reticulata Betula nigra Populus x robusta Quercus bicolor Larix laricina 1'/2 cal. 1" cal. 6' ht. 1'/2 cal. 1'/2 cal. 3 stem clump tolerates wet locations 6' ht. Quercus alba 1 cal. Corylus americana Viburnum trilobum Spiraea bumalda 'Anthony Waterer Diervilla lonicera Rhus aromatica Cornus racemosa Spiraea japonica 'Little Princess' 3' ht. 4' ht. 18" ht. 18" ht 2' ht. 3' ht. 12" ht. tolerates wet locations contains tap root, requires careful planting =II Landscaping Notes - Silverwood Park 1. Tree staking and shrub bed placement to be approved by Landscape Architect. 2. Space shrubs in shrub beds in triangular form; layout perimeter plants at designated spacing and fill to the back of bed. 3. Tree and shrub planting techniques for balled and burlapped stock in compacted areas: (Landscape Architect to determine where this technique is to be used.) • Create wide, not deep, planting hole (5x root ball), use mechanical tiller to a depth of 8 -12 inches. • Use existing soil as backfill planting soil. • Root ball must sit on solid ground with root collar at same grade as original nursery grade. • Cut rope and remove top '/3 of burlap after tree is properly set. If it appears tree may settle, leave ropes and bindings intact. • Gently pack soil around root ball - use water rather than stomping; this settles the soil and prevents overpacking. • Cover disturbed area with 4 inches shredded hardwood mulch - mulch should retain water, so a watering basin may not be needed. • Water tree thoroughly. • Do not stake tree. • Do not wrap tree. 4. All plants not to be planted in the technique described above are to be planted according to typical details shown in this packet. 5. The following trees are at increased risk of die -out if planted after October 1: • River Birch • Swamp White Oak • White Oak • Robusta Poplar • Fragrant Sumac 6. Follow all nursery instructions for care and handling of plant materials prior to planting. 7. All shrub beds are to contain black geotextile fabric designed to be used as a weed barrier. 8. All shrub beds are to contain shredded or chipped hardwood much to a depth of 4 inches. 9. Edging shown on the Landscaping Plan is to be 1 /e" x 5" steer painted green. 10. Edging is to be set in place with 15 inch stakes placed at manufacturer recommended intervals. 11. Edging is to be set flush with top of sod. 1 s p L/ 1 m � � � Z o w OM / O� / .+ CL rx AP o O W .• ? y / O J O m A y r t . O 0 rp v m p } N H ' • i w Cl) ,► oo r2i 0 4 O 'D v► I n N IM OD c n 0 - *► 1 as o ,� i _ ? cn o cc m D n' 7 \ n - �► <D p� ? = O fD 1a cr m v o `�9 n C -n cn r Q' N = n o v, x N - O w i �,• m IT1 tD n� C m 0 * - .M J o N 0 O n n mo°< c N (� Or CD 0 D C� o ■IN .. ° Q .d ,ma Z _.. O O m o CL QN lit @ QN cr cr PO �s • II It ON • a IV A (n 0 0 0 a 0 O O ID 0 Top r CD m CL CL (1) o 0 0 N CA O tD cD O O trm (D (D (D N OBI Ul El z 0 0 a) pr N 'Tr W 0 z EV o 0 0 it f� I Z UID o (D CT 0 0 = 0 0 0 0 0) I CL Z UID o (D CT 0 0 = 0 0 0 0 0) I CL February 10, 1994 PROJECT BUDGET SILVERWOOD PARR & RELATED TRAILS Expenditures: Revenues: Park Fund - CIP (page 24) 85,400 Trails - Silverwood Park to Pond CIP 3,000 (Page 25) Needed - Trail Covington (OMR to pond) 3,000 $ 91,400 Grading $6,100 Basketball Half Court /Tennis Backboard 9,000 Bituminous Paths in Park 4,100 ($2,500 - pond; $1,600 - play area) Ballard (removable for access cut through) 1,000 Bituminous Path along Covington to Pond 2,000 ($6 /ft) Play Area Drainage 800 Play Area Edging & Retaining Walls 5,900 Seeding & Sodding 4,500 Landscaping (by volunteers) 11,000 Play Equipment & Rock 30,000 (flat area installed by volunteers) Stairway (Tree Trust /volunteers) 2,500 Construction Management, Survey, 12,000 Borings, Misc. Picnic Area Equipment 2,000 Contingency 500 $ 91,400 Revenues: Park Fund - CIP (page 24) 85,400 Trails - Silverwood Park to Pond CIP 3,000 (Page 25) Needed - Trail Covington (OMR to pond) 3,000 $ 91,400 MAYOR Barb Brancel _COUNCIL Kristi Stover Rob Daugherty Daniel Lewis r _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: 2 December 1993 RE: Erickson; Gregory Simple Subdivision /Lot Area Variance- FILE N`O.: 405 (93:33) BACKGROUND Mr. Gregory Erickson proposes to subdivide his property at 5290 Howards Point, Road (see Site Location map - Exhibit A, attached) into two lots as shown on Exhibit B._ While the two lots average 40,268 square feet in area, the northerly parcel contains only 35,456 square feet. Consequently;' Mr. Erickson has requested a lot area. variance. The property is zoned R- lA /S, Single Family Residential/Shoreland District, and contains 80,536 square feet of area. -The proposed lots contain 35,456 square feet and 45,080 square feet of area. The northerly lot has ,approximately 130 feet along the lakeside setback line and 170 feet of frontage on Howards Point Road.. The' southerly_. parcel has 118 feet at the lakeshore setback and 243 feet of frontage on Howards Point Road. ANALYSIS/RECOMMENDATION This request is unusual in that the Planning Department advised the applicant to apply for a variance. A proposed division was initially submitted which technically complied with all zoning requirements. That plan, however, included a gerrymandered lot line between the _ lots. That would have resulted in two lots with odd configurations and would have made side yard setbacks between the two lots meaningless. It was suggested that the center lot line be straightened out and made perpendicular with the shoreline of the lake. This also reduced the angle of the lot line to Howards Point Road. A Residential Community on Lake Minnetonkas South Shore 1 R' t Re: Erickson, Gregory Subdivision/Lot Area Variance 2 December 1993 The applicant adjusted his plans according to our recommendation. The variance is justified because: a. The property currently has an odd configuration. b. The applicant does not increase the allowable density of the property. C. The resulting lots are not out of character with the existing neighborhood. d. ` Strict enforcement of the area requirement would result in worse lot configurations for the two lots. "It should be noted that Howards Point Road is substandard with respect to - right -of -way width. It is recommended that the applicant be required to dedicate five feet of right-of- way along the front of the property. This increases the r.o.w. to 45 feet (50 feet is the standard r.o.w. width). Based upon the preceding it is recommended that the subdivision and lot area variance be granted subject to the following 1. The applicant must provide an up -to -date (within 30 days) title opinion for review by the City Attorney. 2. The applicant's attorney must prepare deeds granting drainage and utility easements 10 feet along each side of the side lot lines and along the front of the sites. 3. The'applicant's attorney must prepare deeds for the five -foot r.o.w. dedication for Howards Point Road. 4. The applicant must,pay $1500 ($750 per lot) for park dedication fees and $2000 ($1000 per lot) for local sanitary sewer access charges. Credit should be given for s any previous sewer units assessed against the property. E 5. The above - referenced items must be submitted prior to the final Council approval. Once approved, the applicant must record the division within 30 days. c: Jim Hurm Joel Dresel Tim Keane Gregory Erickson Tom Wartman -2- ............ ... . ......... 1474. sr 23. 54 40 (5) (7) (91 4P*** (4) 412.5 A, W il (6) 64 -1 .11 91.5 6 -,'225.5..- '40 (8) 0 lei r7 10 40 A 248 I � ' �� •i 12 - - DE B. 1 (20) (14) 40 me ........ Exhibit A #4 SITE LOCATION Erickson - Subdivision/Lot Area Variance GOVT LOT 3 jy It mc . 14 It -4 (14 Exhibit A #4 SITE LOCATION Erickson - Subdivision/Lot Area Variance GOVT LOT 3 jy Exhibit A #4 SITE LOCATION Erickson - Subdivision/Lot Area Variance GOVT LOT 3 I ; t . � � r i '•� rig Z , Ilk k 44 C2 11 A 2 \ • i d I V , J Y is } � . \ • v t n ` /�� j � . � S ' • ter � r �a t v as V 4% p • , � �� mo d- - -�. - -6'/ �S- ". lb � / iii 1• / ,p.N`::_ a; : f y I� y If �. N t _ � l ?F ' rn s all t$ 1: i I • �, i r A. ! a FEY n� s� 5a�� , YE Z iv 1 x8g -^ N W 1. 5 Exhibit B a PROPOSED DIVISION 1T: -4 FAT 612 340 2643 DORSET & WHITNEY 10 002 David L. McCuskey 5250 Howards Point Road Excelsior, Minnesota 55331 December 7,1993 VIA FAX Mayor and Council City of Shorewood City Hall 5755 Country Club Road Shorewood, Minnesota 55331 Re: Proposed Subdivision /Lot Area Variance Applicant: Gregory Erickson -Location: 5290 Howards Point Road Ladies and Gentlemen: In connection with the above - referenced application,- I would like to call your attention to the following: 1. In June of 1990, the developer caused the subject property to be surveyed by Phillip A. Nelson of All-Metro Land Surveyors. A copy of that survey is in the City's file and shows a total parcel area of 78,610 square feet, measured to the 929.4 contour. 2. In April of this year, the developer obtained a permit from the ,Min.nehaha Creek Watershed District to riprap the lakeshore of the subject property. That permit, a copy of which is also in the City's file, authorized the owner to extend the riprapping up to five feet into the lake. According to the drawing .attached to the application upon which the permit was based, all of such five -foot extension was to have been below the 929.4 contour. 3 After the "riprapping" project was completed, the developer caused another survey to be prepared by another surveyor, James H. Parker of Advance Surveying & Engineering Co. A copy of that survey is also in the City's flies. According to the section of that survey entitled "Limitations;' the new surveyor merely modified the 1990 survey to show the "changed shoreline and- the resulting changed area." The new survey shows a total area, measured to the 929.4 contour, of 80,536 square feet -- an increase of 1,926 square feet over the area shown on the 1990 survey. From conversations I have had with the surveyor, Mr. Parker, and with the City's Planning Director, Mr. Nielsen, it is clear that all of the 1,926 square feet of new area is due to the new riprapping. It is equally clear that, for such a result to have occurred, most of the riprapping would have had to be at or above the 929.4 contour, rather than below that contour as the Watershed District's permit required. A 17:24 FAX 612 340 2643 DORSET & WHITNEY Z 0173 Mayor and Council City of Shorewood December 7,1993 Page 2 Even if the permit had allowed the riprapping to be at or above the 929.4 contour, it would not have afforded enough surface area at that contour to cause the total area of the subject property to equal at least 80,000 square feet -- which is the minimum size required for a subdivision to occur without a variance. The new survey shows a survey line running parallel to and approximately 23 feet from the shoreline. The width of the property at that point is shown as 246.01 feet. Since the lot continues to "pinch" toward the shoreline from the survey line, the actual width of the lot at the 929.4 contour is probably less than 246.01 feet. Using 246.01 feet as the width of the lot at the 929.4 contour and multiplying by 5 feet (the distance which the developer said riprapping would extend into the lake), produces 1,230.05 additional square feet of area. Adding this amount of additional area to the original area of 78,610 square feet produces a total area of only 79,840.05 square feet — still less than the required minimum of 80,000 square feet. Thus, the developer would not have been entitled to subdivide even if the permit had allowed the five - foot extension to be at the 929.4 contour, which it did not. The reality of the situation is that the developer went far beyond what the permit would have allowed. Using a lot width of 246.01 feet and dividing that into the additional area reflected on the new survey (1926 square feet), results in an extension of the riprapping into the lake of 7.83 feet. This is 2.83 feet more than the permit would have allowed, and all of it would have to be at or above the 929.4 contour, which the' permit would not have allowed. It is submitted that even if it were generally permissible to take new riprapping into account in calculating lot size, it is not appropriate to do so where, as is apparently the case here, the riprapping was carried out in a manner that violated the conditions under which the permit was granted. Moreover, I further submit that it is not appropriate to take the surface area of riprapping into account in calculating lot size. In the final analysis, riprapping is nothing more than a pile of loose rocks deposited at the lakeshore. For building, zoning and related purposes, riprapping is no more a part of the lot than a dock would be. Thus, even if the Watershed District's permit had allowed this particular riprapping (which it did not), it would not necessarily follow that the City of Shorewood would have to take it into account for purposes of its zoning ordinances. To do so would simply encourage abuses of the type we see in this case. Very truly yours, David L. McCuskey DLM: }b F _ �M }� a, y S Y Barb Brancel COUNCIL ,Kristi Stover - Rob Daugherty Daniel Lewis � Bruce Benson CITY OF S HOREWO OD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 MEMORANDUM TO: Planning Commission FROM: Brad Nielsen DATE: 29 December 1993 RE: Erickson, Gregory Subdivision /Lot Area Variance FILE NO.: 405 (93.33) To date we have received the attached correspondence from the MNDNR and the City Attorney. We have yet to hear from the Watershed District. cc: Tom Wartman Greg Erickson Jeff Carroll Dave McCuskey A Residential Community on Lake Minnetonka's South Shore It, S TATE OF EPARTMENT O WATERS, 1200 WARNER PHONE NO. ( 612 ) 772-7916 December 22, 1993 F NATURAL RESOURCES ROAD, ST. PAUL, MN 55106 FILE NO. Mr. Bradley J. Nielsen Planning Director, City of Shorewood 5755 Country Club Road Shorewood, MN 55331 -8927 EFFECT OF RIPRAP ON ORDINARY HIGH WATER LEVEL (OHWL) - HOWARD'S POINT ROAD, CITY OF SHOREWOOD, HENNEPIN COUNTY, LAKE MINNETONKA Dear Mr. Nielsen: Thank you for your December 15 letter. Since the Minnehaha Creek Watershed District requires a permit for all riprap work, I cannot address your first question. However, the Minnesota Department of Natural Resources (DNR) guidelines for placing riprap shore protection without obtaining a DNR permit would be applicable. The major provisions for not requiring a DNR permit would be: 1. The riprap shore protection shall consist of natural rock only with an average size of 12 inches or larger. 2. The riprap shore protection shall conform to the natural alignment of the shore. 3. The minimum finished slope shall be no steeper than 3 feet horizontal to 1 foot vertical (3:1). 4. No materials shall be placed more than 5 feet waterward of the OHWL. As stated above, placing material at a slope of 3:1 and placing material no more than 5 feet waterward of the OHWL would not allow the area of the parcel abutting the OHWL to increase much, certainly not by nearly 2,000 square feet. In effect, this is my answer to your second question. Riprap placed without obtaining a DNR permit cannot effectively change the OHWL and the area of the land parcel that abuts it. If surveys show that this has occurred, DNR will investigate if the statewide rules for placing fill into waters of the state without first obtaining a permit have been violated. We would appreciate it if you would forward copies of any surveys to Area Hydrologist Ceil Strauss at the above address to facilitate our review of this situation. If there are any questions or need for further information concerning this matter, do not hesitate to contact me at the above telephone number or call Ceil Strauss at 772 - 7910. Sincerely, `--� Edward L. Fick Shoreland Hydrologist c: Ceil Strauss, Area Hydrologist; Dale Homuth, Regional Hydrologist; Ellen Sones, Minnehaha Creek Watershed District AN EQUAL OPPORTUNITY EMPLOYER MEMORANDUM LARKIN, HOFFMAN, DALY & LINDGREN, LTD. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (612) 835 -3800 TO: Brad Nielsen, Planning Director Shorewood Planning Commission FROM: Tim Keane, City Attorney DATE: December 27, 1993 RE: Computation of Lot Area You inquire if the area of a lot may be expanded by the horizontal extension of the surface area of land and the subsequent extension of property boundaries pursuant to earthen fill conducted under a validly issued fill permit. It is my understanding that Greg Erickson, owner of the property located at 5290 Howard's Point Road, has requested a lot split and variance to permit the development of a new buildable lot. The survey prepared by Advance Surveying and Engineering Co., dated November 1, 1993, indicates the ordinary high water mark (OHW) of 929.4 feet consistent with the OHW established by the Minnesota Department of Natural Resources. The City Code of Ordinances Section 1201.02, Subd. 12 defines lot area as "the area of a horizontal plane within the lot lines." Lot line is defined as "a property boundary line of any lot held in a single or separate ownership; except that where any portion of the lot extends into the abutting street, or water body, the lot line shall be deemed to be the street right -of -way or the ordinary high water mark." In the present case, it is my understanding the field OHW location has been amended pursuant to a duly authorized fill permit. The property owner has undertaken a fill operation to establish a new OHW. The present computation of lot area appears to conform to the definition of lot area as set forth within Shorewood Code of Ordinances Section 1201.02, Subd. 12. Should you have any questions relating to the foregoing, please contact me. TJK:KR6s David L XfcCus a y 5250 Haiwards Paint Road Fix cekdcr, Muuwsota 55331 January 4, 1994 Mayor and Council City of Shorewood City Hall 5755 Country Club Road Shorewood, Minnesota 55331 Re: Proposed Subdivision/Lot Area Variance Applicant: Gregory Erickson Location: 5290 Howards Point Road Ladies and Gentlemen: With reference to Brad Nielsen's December 29 Memorandum to the Planning Commission and the correspondence from the DNR and City Attorney referred to therein, I have the following comments: 1. The City Attorney's December 27 memorandum does not answer the question. In the fourth paragraph he states his understanding that "the field OHW location has been amended pursuant to a duly authorized fill permit." As the December 22 letter from the DNR clearly states, however, only the DNR could issue such a permit: "Riprap placed without obtaining a DNR permit cannot effectively change the OHWL and the area of the land parcel that abuts it." To my knowledge, no such permit has been issued by the DNR. 2. I understand that the developer may abandon his claim that the total area of the parcel exceeds 80,000 sq. ft. and, instead, ask for a variance based upon the original area of 78,600 sq. ft. Such a variance would lie solely within the discretion of the City Council. The developer has no valid grounds for such a variance. Furthermore, the DNR should be given an opportunity to investigate whether there has been a violation of its regulations and to determine what action should be taken if such a violation has occurred. Presumably, one of the remedies available to the DNR would be to require the developer to redo the riprapping to conform with applicable regulations. Until this issue is resolved, it would be inappropriate for the City to grant any variance with respect to the property. Very truly yours, David L. McCuskey 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 DATE: 28 January 1994 - RE: Erickson, Greg - Subdivision /Lot Area Variance FILE NO.: 405 (93.33) We have now received reports from the Department of Natural Resources and the Minnehaha Creek Watershed District (see Exhibits A and B), stating the results of their respective investigations of the above - referenced matter. Both agencies have concluded that the rip rap work which was done last year was done in compliance with a valid Watershed District permit. The City Engineer, under separate cover, will elaborate on the DNR's comments about surveying accuracy. In li h f th DNR d MCWD ' d th d' f + Ci Attorne and City • • g t o e an investigations, an e a vice o e ty y Engineer, it is recommended that the subdivision request be approved. The variance is justified in order to keep the lot line straight and fairly perpendicular to the shoreline. cc: Jim Hurm Tim Keane Joel Dresel Greg Erickson Jeff Carroll Dave McCuskey A Residential Community on Lake Minnetonka's South Shore �n� U�.J 9) STATE OF U�.I �Jr U ' DEPARTMENT METRO WATERS - 1200 PHONE NO. 772 -7910 January 14, 1994 E COPY OF NATURAL RESOURCES WARNER ROAD, ST. PAUL, MN 55106 FILE NO. Brad Nielsen City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 RE: RIPRAP AT ERICKSON PROPERTY, HOWARD POINT, CITY OF SHOREWOOD, HENNEPIN COUNTY Dear Mr. Nielsen: You had written Ed Fick, of this office, recently regarding the apparent change in lot area on the Erickson property. A recent riprap project had been given as explanation for an increase in area over an earlier survey. You had asked whether the riprap work had been done in accordance with appropriate permits. Since a DNR permit had not been issued for the project, I visited the site on 1/13/94 in order to determine whether the work was consistent with the criteria for projects not requiring a DNR protected waters permit. Contractor Bill Niccum accompanied me and assisted with finding the original shoreline and explanations of what had been done. Based on my inspection, the project was done in conformance with the criteria for not needing a DNR permit. The change in area may be partly due to the riprap project, but the riprap does not account for the whole increase. Actually, some change in the calculated area would be within the acceptable standards of accuracy for a survey of that type. Also, there could have been differences in the benchmarks used for the two different surveys. Even a tenth of a foot inconsistency between benchmarks could lead to noticeable differences in areas. Please contact me at 772 -7910 should you have questions on this matter. Sincerely, Ceil Strauss Area Hydrologist c: Ed Fick, Shoreland Hydrologist Ellen Sones, Minnehaha Creek Watershed District Bill Niccum, Minnetonka Portable Dredging AN EQUAL OPPORTUNITY. EMPLOYER WATERSHED D ISTRICT 14600 Minnetonka Boulevard 9 F9 S y ED o\��Q Minnetonka, Minnesota 55345 -1597 office: (612) 939-8320 fax: (612) 939 -8244 DISTRICT ADMINISTRATOR: Ellen B. Sones BOARD OF MANAGERS: Thomas Maple, Jr., Pres. - C. Woodrow Love - John E. Thomas Clarkson Lindley - Thomas W. LaBounty - Martha S. Hartfiel - Pamela G. Blixt Mr. Bradley Nielsen Planning Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 -8927 January 14, 1994 • WATERSHED BOUNDARY �S N .h E '9Y JAN 18 IS94 RE: SHORELINE IMPROVEMENT PROJECT, 5290 HOWARD'S POINT ROAD, SHOREWOOD Dear Mr. Nielsen: In your December 15, 1993 letter you requested that the District review the subject property to determine whether rip rap was placed on the shoreline in accordance with the provisions of the District permit. The District's engineer inspected the site on January 12 and noted that the rip rap appeared to be consistent with our shoreline improvement standards and the permit that was issued for the shoreline improvement work. Due to snow cover conditions, our engineer could not determine whether any additional fill had been placed behind the rip rap to expand the size of the lot. You also inquired as to whether the placement of rip rap along the shoreline could effectively change the OHWL and the area of the abutting parcel of land. If the rip rap were constructed in accordance with District and DNR standards, then it would appear to be physically impossible to add an additional 2,000 square feet to the lot above the OHWL I also agree with Mr. Fick's conclusion that if a shoreline improvement project met the provisions for not requiring a DNR permit and also was consistent with the District's general permitting guidelines, that rip rap placed on the shoreline could not effectively change the OHWL and the area of the land parcel that abuts it. Please do not hesitate to contact me should you have additional questions or need further information regarding this matter. Sincerely, Ellen B. Sones District Administrator C: Edward Fick, DNR i F LE V Orr Sclhelen =te Inc. January 31, 1994 Mr. Bradley J. Nielsen City Planner City of Shorewood Shorewood, MN 55331 300 Park Place Center 5775 Wayzata Boulevard Minneapolis, MN 55416 -1228 612 - 595 -5775 1- 800 - 753 -5775 FAX 595 -5774 Engineers Architects Planners Surveyors Re: Erickson Subdivision Survey Data OSM File 5218.00 Dear Mr. Nielsen: t You have asked us to comment on the acreage computations provided by two separate surveyors on the referenced property. Surveyor "A" performed their work first, and arrived at an acreage of 78,610 square feet. The owner of the lot then "added" to his lot by placing fill in Lake Minnetonka; according to his permit, this amounted to about five (5) feet across the lakefront of the lot. Surveyor 'B" then surveyed the lot and found the area to be about 80,536 square feet. The difference in acreage between the two measurements is therefore about 1,926 square feet. If the rear of the lot is about 246 feet wide, and five (5) feet in depth was added between surveys, this would amount to about 1230 square feet of the difference (246X5). The question is then: Why is there an apparent discrepancy between the two surveys of about 696 square feet (1926 - 1230)? There could be several reasons for this, as discussed below. First, there could simply be a blunder. One, or both, of the Surveyors could simply have made a mistake in their measurements. However, Surveyors use a fairly elaborate system of checks, and usually check their documents for geometric closure. We have not checked the mathematics of either survey, but it is unlikely that this is where the problem lies. Second, there is always some error inherent in any measurement. It simply is not possible to measure every angle and distance perfectly, and Surveyors therefore end up with seemingly different answers to the same question. This is sometimes hard for the layman to believe, but it can be explained somewhat with the following example. Suppose that ten people were asked to measure the dimensions of a square room 10' X 10' in actual dimension. Further suppose that all these people were asked to use their own tape measures, and that they were to give independent answers to both dimensions and areas. Obviously, most of the answers would be close to the actual dimensions, but it can be guaranteed that there will be some variance. This variance from the actual dimensions is the "error" involved in the measurements. While Surveyors are trained to measure accurately and minimize error, it is simply not possible to eliminate all of the inherent measurement errors involved. H:\CML\NM\ENGINEER\JAD\LETrERS\013194.BJN Equal Opportunity Employer Mr. Bradley J. Nielsen City of Shorewood, MN January 31, 1994 Page 2 Third, surveying calls for a good deal of judgement on the application of the law regarding the boundary itself. It is quite possible that separate surveyors will interpret the legal descriptions, monumentation, and conditions of the particular survey a little differently. There are generally no hard and fast rules (remember, it's the law we're talking about) to follow, and the property comer positions might actually be placed in slightly different positions. This is especially true along the irregular boundaries of a lake. If the boundary is the high water mark of the lake, how close together do you change directions of the boundary for measurement purposes? It is probable that some combination of the second and third points above have come into play on this parcel. Given that two different surveyors, at two separate times, along a lakefront that has been filled, have come up with area measurements that are within about 1% of each other, suggests that no blunder has been made. Rather, we recommend that the Certificate of Survey made by the Surveyor after the fill work was done be used, simply due to the fact that it contains the most recent information. We hope we've clarified this issue for you. Please call me at 595 -5695 with any questions. Sincerely, ORR- SCHELEN- MAYERON & ASSOCIATES f Joel A. Dresel, P.E., L.S. City Engineer H:\CML\NM\ENGINEER\JAD\LErrERS\013194.BJN David L. McCuskey 5250 Howards Point Road Excelsior, Minnesota 55331 February 1, 1994 Mayor and Council Planning Commission City of Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Re: Proposed Subdivision /Lot Area Applicant: Gregory Erickson Location: 5290 Howards Point Road Ladies and Gentlemen: Reference is made to Brad Nielsen's January 28, 1994 Memorandum to you, together with the January 14, 1994 letters from Ellen Sones of the Minnehaha Creek Watershed District and Ceil Strauss of the Minnesota Department of Natural Resources that were attached thereto. I also refer to the December 22, 1993 letter from Ed Fick of the DNR and to Tim Keane's December 27, 1993 Memorandum, copies of which are attached. I believe that Mr. Nielsen has misconstrued the responses he received from the Watershed District and the DNR. To make this clear, we must go back to the questions originally presented to these agencies. In his December 15 letter to the DNR and to the Watershed District, Brad Nielsen asked the following questions: " 1. Was the rip rap placed in accordance with the 1993 Watershed District permit? 2. If so, can rip rap effectively change the O.H.W.L. and the area of the parcel which abuts it ?" The key question is obviously the second question, and Mr. Fick, speaking for the DNR in his December 22 letter, emphatically answered that question in the negative. Ms. Sones, speaking for the Watershed District in her January 14 letter, specifically agreed. with Mr. Fick's conclusion. Ms. Strauss' January 14 letter deals Y Mayor and Council Planning Commission February 1, 1994 Page 2 only with the first question; she does not contradict the position taken by Mr. Fick and Ms. Sones as to the second question. Thus, as far as the DNR and the Watershed District are concerned, even if the work had been done in accordance with the Watershed District's permit, the rip rap could not effectively change either the ordinary high water mark or the area of the property in question. Furthermore, I submit that Mr. Nielsen has misinterpreted the agencies' responses as to the first question. Although Ms. Sones' January 14 letter recites that the "District's engineer ... noted that the rip rap appeared to be consistent with our shoreline improvement standards," she adds that "Due to snowcover conditions, our engineer could not determine whether any additional fill had been placed behind the rip rap to expand the size of the lot." In my conversation with Ms. Sones this morning, she confirmed that adding fill to "expand the size of the lot" would not have been allowed under the permit. In other words, Ms. Sones' letter really did not answer the first question, because the ground is presently too frozen to make a determination whether fill was added in violation of the permit. Ms. Strauss' January 14 letter may also seem to be an affirmative response to the first question, but upon further inquiry, I found that her investigation on this point was, in fact, inconclusive. Her letter states that: "Contractor Bill Niccum accompanied me and assisted with finding the original shoreline and explanations of what had been done." I spoke with Ms. Strauss by telephone last week and learned from her the following additional facts: Although she did visit the site with the contractor, she did not perform any soil tests to determine where the original shoreline had been or whether fill had been added between the rock and the original shoreline. Instead, she relied on the contractor's statements as to the nature and extent of the work performed.' Furthermore, according to Ms. Strauss, the contractor told her that his son had done the actual work on the project and that he had not been directly involved. The son was not present during Ms. Strauss' inspection. Ms. Strauss also told me that during the inspection, she focused mainly on the slope of the rip rap, rather than on the question of whether any fill had been added behind it. Ms. Strauss further informed me that adding fill is not permitted by DNR regulations �r Mayor and Council Planning Commission February 1, 1994 Page 3 relating to rip rap and that adding fill in violation of those regulations could result in liability for both the landowner and the rip rap contractor. To summarize the responses from the agencies: 1. Neither the DNR nor the Watershed District has actually determined whether the rip rap was done in conformance with the permit because neither agency has independently determined the location of the • original shoreline or whether fill was added in violation of the permit and DNR regulations. All we know now is that according to the surveyors, the property "grew" almost 2,000 square feet in approximately three years. Apart from professional incompetence on the part of one or both of the surveyors, the only plausible explanation is that substantial fill was added between the rip rap i.e. the rock portion) and the original shoreline. This cannot be confirmed at present because the ground is frozen and snow covered. Based on my conversation with Ms. Sones, I believe that the Watershed District would be prepared to conduct soil tests to resolve this issue as soon as the ground thaws, i.e., in May. 2. Even if the rip rap had been installed in accordance with the Watershed District's permit, it could not, as a matter of state law, change the ordinary high water mark or the area of the adjacent • property. Mr. Keane's December 27, 1993 Memorandum does not dispose of the matter because it is based on a fundamental misunderstanding. In the fourth paragraph he states his understanding that "the field OHW location has been amended pursuant to a duly authorized fill permit." As shown above, Mr. Keane's understanding is incorrect. The Watershed District's permit was for rip rap, not "fill." Only the DNR could issue such a "fill permit," which it did not do. Consequently, both the high water mark and the area of the property remain unchanged as a matter of state law. The City. of Shorewood has no power to override state law and, in effect, take state property and award it to a private party. Mr. Nielsen's Memorandum indicates that the City Engineer "will elaborate on the DNR's comments about surveying accuracy." I assume that this statement relates to the comments made in the third paragraph of Ms. Strauss' letter, which, quite frankly, struck me as irrelevant. Even if there were an error, Mayor and Council Planning Commission February 1, 1994 Page 4 how could it help the developer now? Since I have not seen the City Engineer's comments, I cannot respond to them at this time but would appreciate an opportunity to do so in due course. Thank you for your consideration. • Very truly yours, h David L. McCuskey • TimeSaver Sec. -.= SHOREW00 CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 1, 1994 CALL TO ORDER MINUTES DRAFT P01 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, 0 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 80,538 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 rg$L,ltincg lots would contain less than the required area under the R -1A zoning district. During the public hearing it was pointed out that a previous survey showed the property contained less area than shown on the current survey. Nielsen pointed out that it was questioned whether the riprapping done on the property last summer increased the size of the lot. Pending responses from the DNR and the Minnehaha Watershed District regarding the riprapping project, the application has been continued for several weeks. Nielsen noted both the DNR and the Watershed District state (in responses dated January 14, 1994) that their respective investigations conclude that the riprap work was done in complianc° with a valid Watershed District permit and that the work was done TimeSacer Sec. - - SHOREW00 P02 PLANNING COMMISSION MINUTES February 1, 1994 - PAGE 2 consistent with the criteria for projects not requiring a DNR permit. The DNR further states that the change in area may be partly due to the riprap project and some change in the calculated area would be within the acceptable standards of accuracy for a survey of that type. Nielsen brought the Commissions's attention to the City Engineer's January 31, 1994 letter which explains the survey methodology used for acreage computations and describes how variances result through interpretation$ 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, 5253 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 Workman 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;24 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. Maiarn stated the lot area has no significance to the applicant's request and concurred approval. 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 he concerned with further testing or requirinq additional permit(s). Nielsen pointed out 2 1imebaZer Sec. SHOREWOO P03 r: PLANNING COMMfSSION MINUTES February 1, 1994 - PAGE 3 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 7/0. The recommendation will be considered by the Council at its February 14 meeting. 0 2. SIMPLE SUBDIVISION Applicant: 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-10 setback requirements prior to release 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, 3) 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. 3 + , a 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: 3 January 1994 RE: Donahue, Matt - Simple Subdivision/Variance for Two Dwellings on One Lot FILE NO.: 405 (93.36) BACKGROUND Mr. Matt Donahue proposes to divide his property, located at 5275 St. Albans Bay Road (see Site Location map - Exhibit A, attached) into two lots as shown on Exhibit B. The property is zoned R -lA, Single - Family Residential and contains 6.24 acres. The southerly of the two lots which will have the applicant's existing home on it, will contain 3.53 acres The vacant lot will contain 2.71 acres. Mr. Donahue has also requested a variance to allow two dwellings on one lot on a temporary basis. In his request letter (Exhibit C), dated 7 December 1993, Mr. Donahue proposes to locate a 30' x 70' "prefab" on the vacant lot, while he builds a new home there. He proposes to locate the temporary structure on the right hand side of the new lot. ANALYSIS /RECOMMENDATION A. Subdivision. The two proposed lots greatly exceed the 40,000 square -foot minimum lot size required by the Shorewood Zoning Ordinance. Although the applicant states that he does not intend to divide the property further, the site is capable of being divided into at least four lots as shown on Exhibit D. A Residential Community on Lake Minnetonka's South Shore 243 Re: Donahue, Matt Subdivision/Variance 3 January 1994 The proposed lot line bends to the northeast for no apparent reason. This line should be straightened as shown on Exhibit D. It should also be shifted to the north so that Parcel B has at least 240 feet of width, 50 feet back from the St. Albans Bay Road right -of -way. This will allow the parcel to be redivided in the future without a lot width variance. If the applicant chooses not to move the line, a restrictive covenant should be recorded against the property stating that it will not be redivided in the future. B. Variance. This request is somewhat unusual. Although the City has in the past allowed an older home to remain on a site while a new home is constructed, there has • not been a case where a temporary dwelling has been brought in. If these past cases have established any precedence, it is the time limit imposed on completion of the new house. In all cases six months was the limit. The applicant requests that he be allowed one year to build a new home. From the calls our office has received on this matter, the length of time appears to be the most significant issue. It is assumed that the temporary structure will share a well with the existing home. If approved, there should be a stipulation that the temporary dwelling be connected to the municipal sewer system. Based upon the preceding it is recommended that the proposed subdivision be approved subject to the following: 0 1. The lot line between the two lots must be straightened as shown on Exhibit D. 2. The applicant must provide an up -to -date (within 30 days) title opinion or title commitment prior to final approval of the division. 3. The applicant's attorney must prepare deeds for drainage and utility easements, 10 feet on each side of side and rear lot lines. 4. Prior to release of the resolution approving the division the applicant must pay one park dedication fee ($750) and one local sanitary sewer access charge ($1000) for the newly created lot. 5. The resubdivision sketch shown on Exhibit D should serve as a guide for any future development of the property. Any further subdivision of either lot should be required to be done by formal platting. -2- Re: Donahue, Matt Subdivision /Variance 3 January 1994 6. If the applicant insists that the property will not be resubdivided, his attorney should prepare a protective covenant, restricting any further division of the property, to be recorded with the lot split. 7. Items 1. - 3. and 6. must be completed within 30 days, after which it will be scheduled for final review by the City Council. 8. Once the applicant has received final approval from the Council, the division must be recorded within 30 days. 9. If a variance is granted to allow the temporary location of two dwellings on one lot, it should be contingent upon: a. The proposed structure shall comply with all pertinent building code requirements. b. The structure must be moved in by a licensed house mover, on a route approved by the City Engineer, at a time approved by the Police Department. C. The applicant must provide an estimate of the cost to remove the structure, from a licensed house mover. From this estimate the City should require a cash escrow or letter of credit in the amount of 150% of the estimate to insure that the structure will be removed within a specified time. d. The applicant must use the variance within one year. The City should stipulate how long the structure can be there. e. The temporary structure must be connected to the sanitary sewer. L The temporary structure must be located within the buildable area of the lot. cc: Jim Hurm Tim Keane Joel Dresel Matt Donahue -3- C3 �4 (10) 4 W, I (14) 13 ( 7 27) (16), 2 42)' V loot 16) (28) (47) 3 17) (48) ------------- 36 V) . ........ loll A (1 �• (/ vll'' ' 13 , 12 C) (7) PART OF 140.88 6 LOT 49 (21) 1* A 7 (22) YS a LOT 87 (24) (23) AUD SUED NO 141 to (45) ( 11 ) (25) 12 29 (30) 5 IT 242.. 146 38 14 4 f4p a 247.5 V 109 82.4 335.08 1 — 20. -1 220 (15) 10 St. AL6U4: 41 (12) I Jh GREEN 5 (44) ° %L (4) i 4 l VAC DOC No'. • 1072603 - . A - , - "I , 1 69 S 45 03 46 S N n 61N 19) BA led no 0 4 018 O. Is (4 ST. AUJAS .17 70 (6) W (34) SNORES IS (20) (4111 :19 LOT 76 (46) AW SUaD NO 141 a S 31. 37 a UW - 3 14 2101 " �11. 41— A alt = (2 ) (23) 39 31' 4 Im 0— (24) LOT Tw jy- T3 ILOT 10 il LOT rr 30 4 10) JS JP ('5) (20) No (6 4 3 LOT I (35) Te t lol. L 75 rs 7 40, !66.9 80 26 (25) .1 0 .? SOC rh g.6 r . 2646.14 RES Exhibit A SITE LOCATION Donahue - subdivision/variance ENTS A COMPILATION OF FOPMATinN r b Wk M ♦ o e e O �SO G 2 e A k Av CP e S'yyb 6 K L, SS 9p �, 6/, 8£ a/Y AoMb ` Z Exhibit B PROPOSED DIVISION T. .. IT r M.J.D. ENTERPRISES 5912 West 35th Street St. Louis Park, Minnesota 55416 612926.0725 December 7, 1993 Dear Mr. Brad Neilsen: Upon submitting application to split my lot, I was informed you would need a letter regarding a variance for an additional building on the lot. I would be putting a 30 X 70 prefab. on the lot for living and a building office while 0 we construct a new home. Due to the fact that I must sell my home and construct a new one, I would like to have a temporary variance as long as possible. Upon the completion of my new home we would remove the building. If you have any further requests or information needed please call 926 -0725 1 -i.✓. - � 1- 1\1- -- 5912 West 35th Street St. Louis Park, MN 55416 Exhibit C APPLICANT'S REQUEST LETTER 0 44 9 I� •o \ � x O k Exhibit D RESUBDIVISION SKETCH � I I 'd r 4 b. f `- rn CITY OF SHOREWOOD STATE OF MINNESOTA NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the City Council of Shorewood will meet in the Council Chambers of the City Hall at 7:30 p.m. on February 28, 1994 to consider the adoption of a water utility ordinance and adoption of standby charges as additional utility charges imposed on the owners of properties benefitted by the installation of a dry hydrant fire protection system. j Pursuant to Minnesota Statutes Section 444.25, the City Council will consider the adoption of standby charges estimated to be $500 per parcel benefitting from the installation of the dry hydrant fire protection system. The charges may be paid in a lump sum or in quarterly installments with the utility bills estimated at $12.70 per quarter for a period of 15 years at the rate of 6% per annum, simple interest. The area proposed to be subject to the standby charges will be those located in the City of Shorewood generally described as Enchanted Island and Shady Island and more particularly located on Dellwood Lane, Enchanted Drive, Enchanted Lane, Enchanted Point, Highland Circle, Lagoon Drive, Shady Island Circle, Shady Island Point, Shady Island Road, and Shady Island Trail. All persons as desired to be heard with reference to the proposed ordinance and standby charges may be heard at this meeting. City of Shorewood JAMES C. HURM, City Administrator /Clerk lb To be published the weeks of February 14 & 21, 1994. x CITY OF SHOREWOOD RESOLUTION NO. 94- A RESOLUTION AUTHORIZING THE USE OF OFF - SYSTEM STATE AID FUNDING FOR THE VINE HILL INTERSECTION WHEREAS, it has been deemed advisable and necessary for the City of Shorewood to participate in the cost of a construction project located on T.H. No. 7 within the limits of said 16 municipality; and WHEREAS, said construction has been approved by the Commissioner of Transportation and identified on his records as S.P. No. 2706 -175. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota as follows: We do hereby appropriate from our Municipal State Aid Street Funds the sum of $ to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. ADOPTED by the City Council of the City of Shorewood on this 14th day of February, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator /Clerk MEMO TO: Mayor Barb Brancel and Shorewood City Council FROM: James C. Hurm DATE: February 3, 1993 SUBJECT: Schedule for Rental Housing Code inspections and closing of Sump Pump Inspection Program. Per Mayor Brancel's telephone request the following is the schedule for the Rental Housing Code Inspections Program: Nov /Dec Information packet prepared and mailed (We may not have a record of some rental units ....please review the attached list to see if you are aware of any we may have missed). January 1 License applications due at City Hall. 1 6 January Joe Pazandak indicated that snow cover makes it impossible to inspect roofs, walks, yards etc. Brad & Joe feel it is important we wait for a month or so to do these inspections. This causes coordination problems with the sump pump inspection program which we scheduled to complete by February 28. These 2 inspections were to be done together for efficiency and cost saving reasons. I intend to recommend to the City Council that an extension of one quarter (3 months) be given for inspecting sump pumps at rental units as well as at houses whose owners are gone for the winter months. The intent of this program was to get compliance. These two groups will not have had an opportunity to be inspected so their surcharge of $100 per month should not be charged. As planned, those who have had an opportunity for inspection but compliance cannot be verified by March, will receive the additional charge on this next quarter bill. Rental units sum pump inspections will be done along with the regular inspection during the March /April period. Doing the rental inspections in March /April has two advantages: 1) reduced snow cover for exterior inspections; and 2) building activity is down during road restrictions. Remember we are trying to implement the rental housing code without adding more staff. Home owners who are gone during the winter months would have until the end of May to have us inspect there sump pumps before the surcharge is added to their utility bill. cc Brad /Joe r CHECK APPROVAL LIST FOR FEBRUARY 14, 1993 COUNCIL MEETING CK NO TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISS UED SINCE JANUARY 20, 1994 13041 (G) Commiss of Revenue Payroll deductions 1,004.76 13042 (G) Pera Payroll deductions 1,957.69 13043 (G) ICMA Retirement Trust Payroll deductions 641.57 13044 (G) Child Support Enforcmt Payroll deductions 92.50 13045 (G) Anoka Cty Supt /Collectn Payroll deductions 167.33 13046 (G) Pera Payroll deductions 25.00 13047 (G) Group Health Inc Jan health insurance 1,021.01 13048 (G) Mn Dept of Revenue Water connection fees 2,132.00 13049 (G) Airsignal, Inc. Beeper services 9.58 13050 (G) Earl Brown Center Workshop- VonFeldt, Naab 60.00 13051 (L) Eklund's Cooler purchase 350.00 13052 (G) Fina Fleet Fueling Gasoline purchases 347.45 13053 (G) Govt Finance Offcrs Assc Conf registration -Rolek 250.00 13054 (G) League of Mn Cities 1994 directories 155.10 13055 (G) Metro Waste Control December sac charges 5,940.00 13056 (G) Cellular Telephone Co. Cellular phone air time 10.92 13057 (G) Mn State Treasurer Bldg permit surcharges 3,770.30 13058 (G) Minnegasco Utilities 1,441.63 13059 (G) Bradley Nielsen Mileage 62.44 13060 (G) Northern States Power Street light utilities 2,018.59 13061 (G) Northern States Power Utilities 4,141.92 13062 (G) Joseph Pazandak Sec 125 reimbursement 90.99 13063 (G) Petty Cash Misc supplies /mileage 38.13 13064 (G) Kenneth Potts Dec prosecutions 1,458.33 13065 (G) St Board - Electricity Electrical inspection forms bk 25.00 13066 (G) Superamerica Gasoline purchases 424.18 13067 (G) US West Telephone svcs /advertising 864.97 13068 (G) WMI Svcs of Mn Waste removal 382.00 13069 (G) Mr Tom Londo Release of escrow 100.00 13070 (G) Dale Sonnichsen Recycling award 75.00 13071 (G) Arne /Janice Watland Recycling award 50.00 13072 (L) Air Refrigeration Cooler /furnace repair 169.00 13073 (L) Bellboy Corporation Liquor purchases 5,045.75 13074 (L) Bosma Westonka Carpet Carpet cleaning 132.50 13075 (L) Boyd Houser Candy /Tobac Misc purchases 812.16 13076 (L) Midwest Coca Cola Co. Misc purchases 411.44 13077 (L) Day Distributing Beer and misc purchases 10,521.40 13078 (L) East Side Beverage Co. Beer and misc purchases 8,266.20 13079 (L) Flaherty's Happy Tyme Co Misc purchases 188.00 13080 (L) Griggs, Cooper and Co. Liquor,wine,misc purch 9,921.38 13081 (L) Hoops Trucking Liquor and wine purchases 647.20 13082 (L) Johnson Brothers Liquor Liquor and wine purchases 3,253.00 13083 (L) Mark VII Beer and misc purchases 7,469.62 13084 (L) Mn Bar Supply Misc and supplies purchases 195.23 13085 (L) Mn Victoria Oil Co. Fuel oil 212.50 13086 (L) North Star Ice Misc purchases 350.40 292.66 13087 (L) Pepsi Cola Co. Misc purchases 13088 (L) Ed Phillips and Sons Liquor,wine,misc purchases 4,484.42 13089 (L) Quality Wine /Spirits Liquor,wine,misc purchases 2,507.91 CONTINED NEXT PAGE -1- CHECK APPROVAL LIST FOR FEBRUARY 14, 1993 COUNCIL MEETING CK NO TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE JANUARY 20, 1994 (CONTINUED) 13090 13091 13092 13093 13094 13095 13096 13097 13098 13099 13100 13101 13102 13103 13104 13105 13106 13107 13108 13109 13110 13111 13112 13113 13114 13115 13116 13117 13118 13119 13120 13121 13122 13123 13124 13125 13126 13127 13128 13129 13130 13131 13132 13133 13134 13135 13136 13137 13138 (L) (L) (L) (L) (L) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) Thorpe Distributing The Victoria Gazette Weekly News, Inc. MN Dept of Revenue Joseph Pazandak Harold Dircks Wendy Davis Bradley Nielsen City Cty Credit Union First State Bank Phil Tika Commiss of Revenue Pera ICMA Retirement Trust AFSCME Local #224 Child Support Enforcmt Anoka Cty Support /Colctn GAB Business Svcs Inc Cellular Telephone C. Mn UC Fund Minnegasco Northern States Power Northern States Power Pera US West McNulty Construction Mike Arone Bellboy Corporation Day Distributing Griggs, Cooper and Co. Honeywell Protection Johnson Brothers Liquor Mn Bar Supply Ed Phillips and Sons Quality Wine /Spirits Ryan Properties Medcenters Health Plan Medica Choice Group Health Inc League of Mn Cities Mn Mutual Life Commercial Life Ins Co AFSCME Council 14 Wendy Davis Void MCMA Mn Str Superintendents Pera University of Mn Beer and misc purchases Advertising Advertising Dec 93 sales tax Mileage and film Mileage Sec 125 reimbursement Sec 125 reimbursement Payroll deductions Payroll deductions Sump pump inspections Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Insurance deductible Cellular phone air time Unemployment claim Utilities Street light utilities Utilities Payroll deductions Telephone svcs /advertising Release of escrow Metal shelving Liquor purchases Beer and misc purchases Liquor,wine,misc purchases Security system Wine and beer purchases Supplies purchases Liquor and wine purchases Liquor and wine purchases Feb rent -store II Feb health insurance Feb health insurance Feb health insurance Feb dental insurance Feb disability insurance Feb life insurance Feb delta dental ins Mileage Conf reg -Hurm 1994 dues Emp'ee addtl life ins Course reg - Lugowski, Davis 13,795.40 80.00 256.00 13,872.00 82.94 23.80 140.00 100.00 280.00 6,292.85 1,528.80 1,043.60 2,091.11 641.50 119.1 92.50 167.33 350.00 47.24 304.00 1,743.63 2,048.87 2,456.67 25.00 873.05 100.00 350.00 2,234.98 919.35 3,352.05 96.2 462.6 77.69 1,286.09 1,250.01 2,400.00 1,117.41 4,528.20 1,021.01 454.49 81.00 50.15 224.00 36.40 95.00 25.00 54.00 152.00 CONTINUED NEXT PAGE -2- CHECK APPROVAL LIST FOR FEBRUARY 14, 1993 COUNCIL MEETING CK NO TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE JANUARY 20, 1994 (CONTINUED) • I - - Ij 13139 (G) 13140 (G) 13141 (G) 13142 (G) 13143 (G) 13144 (G) 13145 (G) 13146 (G) F J Svaboda & Assoc Michael Malm US Postmaster Harold Dircks Joseph Pazandak Bradley Nielsen Wendy Davis City Cty Credit Union Conf reg- Nielsen Sump pump inspections Postage for machine Parks mileage /gas Mileage /film Sec 125 reimbursement Sec 125 reimbursement Payroll deductions TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED 60.00 2,459.80 750.00 40.22 121.29 100.00 140.00 285.00 61,105.42 95,663.26 156,768.68 -3- CTTY OF CK APPROVAL. 1_. I ST T NG FOR FIR 1.4 _ 1.9 i"IF::FTThIG CHIECK# VENDOR NAME DESCRIPTTON DEPT- AMOUNT 1.31.47 AMERICAN NATIONAL.. RANK BOND T SSUANCE FEE 564-50 1.31.45 AMERI C!`,N NATIONAL BANK 1.31.49 JEFF RE T NH}ART DSA :1.31.50 BT FFS_ TNC_ 1.31. 51. BOYER TRUCKS 1.3152 C ARG; I L.L.. SALT DTV' .1.3:1.53 CH(NHIASSENM-C I TY OF 1.31.54 CHIAMP AUTO STORE #344 *** TOTAL.. 1.31.55 COORDINATED R.US'rNESS S`r'ST 1.31.6 COORDTNATED E,LJSINFSS SYST 1.;31. 57 CROSSTOWN- --OCS , TNC- 1.3158 EDEN PRt•'tlR'rt FORD :1.3159 G & S CABINETS, TNC_ BOND INTEREST WATER DE CTTY HALL.. .:tANTTORIAL SVC MUN BLDG SATEI..L..ITE RENTAL.. PARKS & VEHiTCLE MAINT PL.18 WKS SALT --TCE C ONTROL. ANIMAL. CONTROL -- NOV/DEC MAINT SUPPLTES MA T NT SUPPLIE FOR CHiAMPTON AUTO STORE COPTI =R PURCHASE COP :TER MA T NT CONTRACT 1.,91.2_'.0 236 291-30 40 -92 SNOW & I 2,289-1.5 PROT T NS 2, 066- 00 PUB WKS :1.1.7_:1.4 CTTY (BAR 1.3 -47 MUN SL. DC t 9,790-55 MUN BLDG 372.0() CL..(HHF-E SLJPPL..IFS MLJN RLDG 70- 50 SW T TCHi PUB WKS 3.96 FRONT COUNTER 3HEL. V I NG MUN BLDG 3 5I3. 1.9 1.31.60 Hli',ltil(.:t- HARDWARE, INC_ MATNT SUPPLIES MA I NT SLJPPL. T ES TOTAL_ FOR H ANC: T:. HARDWARE, INC_ 1.31.61. H FNNEPTN COUNTY TREASURER TRUTH TN TAXATION 1.31.62 HOPKINS PARTS COMPANY VFHITCt..E MATNTlREPATR :1.31.53 KNUTSON SERVICES, 'INC_ .IAN RECYCLE—LESS 1. BIN :1. 31.6,4 L.ARKIN, HOFFMAN, DALY_ _ _ DEC I..EGAi..°- DEVEL.OPMENTt;'el.. DEC L FGAL.— GENERAL DEC [_ GAI.. -- CH(.JRCI--I RD DEC LEGAL- -MlWCC DEC L.FGAL. —I..TQ STORE c: TOTAL.. FOR L. AIRK I N , HOFFMAN ; DAL.. 1.3:1.6 MT_f DTSTRIl:UTTNG COMPANY SNOWRt_OWFf- 2 —`CTR WETGH;TS :1.31.66 M—V THIERMOGAS CO -- CHASKA 1.)TII..TTIES 1. 1.67 MAf..IN MADE. PRODUCT Pi..OW MA rNT y . ... . .... ..... 3 !. t.n '} ,.. l 1 }•'i I•' . � 'd r•i I ^; I c': T `'t t4 i• - !'r': '`i d r'„ S 1 ., C, " '• .!...i.� . ` I'It•`s( -:ii �ii f: I I I "�;. `V t..' 1 �: ?'.��'1 OLJ % ti( C r T `r` (AR 2.09 PARKS & 1.6.64 1.5.73 GEN GOVT 431.* PUB WKS 37�3 _ 56 RFCYCL. I N 4,1.01_70 _. ._. _. :1.71. _ 00 PROF SER 3 PROJECTS 55_ 50 SEWER DE 1.1. , 3'73 - 25 6 PROJECTS 2, PARKS & PUR WKS 1; -R D[. .1.02-52 30.00 f• D h ( P' —4— CITY O F SHORC°WOOD CK APPROVAL L I S T I N G FOR F Eta? 14_ 1994 MEETING CHECK# VENDOR NAME DESCRIPTION DEPT- AMOUNT 1.3170 METRO WASTE CONTROL COMM_ FEES PAYMENT 13171 MIDWEST BUSINESS PRODUCTS OFFI SUPPLIES 1317 MILLER ENTERPRISES PLATENT" ASSEMBLY 13173 MINNESOTA GFOA 1994 DUES 13174 MN SUN PUBLICATIONS PUBLISHING PUBLISHIN :r< TOTAL. FOR MN SUN PUBLICATIONS SEWER DE 34 ,x.70.91 Gt:. N G OVT 109-96. PUS WKS 9- FINANCE GEN GOVT 45 -03 FINANCE 1.37.47 1.^? -50 -5- 13175 WM _ MUELLER & SONS, INC. SMND FOR ICE CONTROL SNOW & I 1 , 355.40 411 13176 NAVARRE TRUE VALUE MATNT SUPPLIES MUN BLDG 1.7.40 MAINT SUPPLIES MUN BLDG 27 -45 MAINT SUPPLIES CITY GAR 6. 3a MAINT SUPPLIES PUB WKS 21_57 MAINT SUPPLIES CITY GAR 54.34 MAINT SUPPLIES PARKS & 4.1.0 TOTAL. FOR NAVARRE TRUE VALUE 131.24 13177 ORR , SC;HEL. EN , MA'r'[-R0N, /ASSOC:: NOV/DEC I-NG —Dh° + /EL OPMt: NTL. -------- 2 , 362.50 NOV/DEC 1•- N G °-ON GOI -------- 6,679.6 NOV /DE=C`. ENG G 'r.�: NERAL. --------- 10,1S6.0. NOV F i` ^IG SF ASONS -------- 19,92S-7 NOV f DI= C FNG MWCC & OSHA SEWER DF 3 , 75S - 6 3 :K k = TOTAL.. F OR ORR , SCHFL. FN , MAYERON/ 42,916-04 13178 PEER ENVIRONMENTAL AND DIESEL I=LlEL TANK REMOVAL. CITY GAR l,aSI-60 • 13179 POWER BRAKE AND EQUIPMENT TRUCK MIRRORS SNOW t& I 109-97 - 97 1:3180 PRECISION COMPUTER SYSTEM FASPORT TRAINING G1:.N GOVT 286 -21. 13181 RAn INDUSTRIES RFSPIRA OR /FACh- MASKS CITY GAR 127 -80 13182 SMITH OFFICE EQUIPMENT COMPUTER CABLES M UN BLDG 26 -25 13183 STANDARD SPRING COMPANY VEHICLE REPAIR SUPPLIES PUB WKS 179.84 13184 SO L. K MTKA PUSS SAFETY DE P FEE; PAYMENT POLICE P 34,040. DEC; BOOKING FEE POLICE P 339-15 1994 RESERVE DINh'-11 - .-R POLICE P 25.00) TOTAL. FOR SO L K MTKA PUB St'iF T 34,605.04 13185 SUBURBAN TIRE CO., INC. TRUCK TIRES PUB WKS 220.17 13186 TIME SAVER OFF SITE SEC: MINUTES Gl°N GOVT 342 .00 MINUTE'S PL...A'NNING 1.47. T OTAL FOR _f" :1' M :: S A V ER O F E` S I T F 489-00 1 : I R 7 (t'I(•. K i AUTO . ,i D I=`ODY _ l !!= P SHOP SUPPLIES C 1. T`r` BAR 3 , -5- 0 CTTY OF SHOQEWOOD , '`, CK APPROVAL LTSTTNQ FOR FEB 14, 19�4 MEFTTNG CHECK# --__---_ VENDOR NAME __-_----_-_-_----___----- DESCRIPTTON __---_-___--_---_--_____ ' DEPT- _--_---- AMOUNT --__---_-- 13188 TONKA PRJNTINQ CO' ENVELOPES QEN GOVT 91'S9 13189 TWTN CTTY STAMP AND PRTNT NAME PLATES PARKS & 12'20 13190 TWJN CITY WATER CLTNIC JAN WATER TE8TTNG WATER DE 28'0O 13191 UNITED LABORATORIES PARKS 3UPPLTES PARKS & 177-39 1319 9: UNTTO8 RENTAL SERVICES UNTFORM 3ERVTCE3 CTTY GAR 456-44 13193 WIDMFA, INC- OSHA SEWER EXTENSION -------- 18,400 -80 13194 WURST, PEAQSON, LAR8ON, PROFESSTONAL 8VCS ' -------- 3,580-80 13195 ZIFQLER, TNC- GRADER BOLTS PUB WKS 4W �� TOTAL CHECKS FOR APPROVAL 175.417'64 TOTAL CHECK APPROVAL LIST 332, 186.32 0 6: CHECK APPROVAL LISTING FOR FEBRUARY 14, 1994 COUNCIL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR JANUARY 25, 1994 PAYROLL 208059 (G) Howard Stark 80.0 reg hours 208060 Void 208061 (L) Scott Bartlett 9.0 reg hours 208062 (G) Randie Berg 29.5 reg hours 208063 (G) Jeff Chiles 31.5 reg hours 208064 (G) Charles Davis 82.0 reg hours -8 of 208065 (G) Wendy Davis 80.0 reg hours 208066 (G) Harold Dircks Jr 80.0 reg hours 208067 (L) John Fruth 8.25 reg hours 208068 (G) Alan Haskins 10.75 reg hours 208069 (G) Patricia Helgesen 80.0 reg hours 208070 (L) Shawn Hempel 38.5 reg hours 208071 (G) James Hurm 80.0 reg hours 208072 (L) Brian Jakel 16.0 reg hours 208073 (G) Dennis Johnson 80.0 reg hours -7 of 208074 (L) Loren Jones 10.75 reg hours 208075 (L) Martin Jones 17.5 reg hours 208076 (L) William Josephson 80.0 reg hours 208077 (L) Mark Karsten 17.75 reg hours 208078 (L) Sandra Klomps 8.0 reg hours 208079 (G) Douglas Koerting 19.0 reg hours 208080 (G) Jason Koerting 37.5 reg hours 208081 (G) Brian Kohout 21.5 reg hours 208082 (L) Susan Latterner 37.5 reg hours 208083 (G) Colleen Lindskoog 28.75 reg hours 208084 (G) Joseph Lugowski 78.0 reg hours 208085 (L) Russell Marron 29.0 reg hours 208086 (G) Thomas McKinney 12.0 reg hours 208087 (L) Jill Moore 2.0 reg hours (G) Theresa Naab 80.0 reg hours 10 208088 208089 (G) Lawrence Niccum 80.0 reg hours -11.5 208090 (G) Bradley Nielsen 80.0 reg hours 208091 (G) Joseph Pazandak 80.0 reg hours 208092 (G) Daniel Randall 80.0 reg hours -8.5 208093 (L) Brian Roerick 3.75 reg hours 208094 (G) Alan Rolek 80.0 reg hours 208095 (L) Brian Rosenberger 29.0 reg hours 208096 (L) Christopher Schmid 80.0 reg hours 208097 (G) Beverly Von Feldt 79.5 reg hours 208098 (G) Ralph Wehle 80.0 reg hours 208099 (L) Dean Young 80.0 reg hours 208100 (G) Donald Zdrazil 80.0 reg hours TOTAL GENERAL TOTAL LIQUOR TOTAL PAYROLL of of 689.55 53.19 167.99 165.17 719.64 800.21 203.65 48.71 49.64 656.62 197.09 1,445.73 90.24 894.94 59.74 83.44 631.55 100.10 42.85 95.93 191.61 99.27 206.70 184.40 860.80 163.46 63.72 10.71 873.54 965.18 1,056.78 1,084.83 927.75 22.16 1,283.59 151.65 457.88 629.46 651.85 640.97 1.202.75 15,964.60 2.960.44 18.925.04 -7- d_ 4 CHECK APPROVAL LISTING FOR FEBRUARY 14, 1994 COUNCIL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR FEBRUARY COUNCIL PAYROLL 208101 Void 208102 (G) Bruce Benson 208103 (G) Barbara Brancel 208104 (G) Robert Daugherty 208105 (G) Daniel Lewis 208106 (G) Kristi Stover Council Mayor Council Council Council 184.70 233.87 184.70 184.70 184.70 TOTAL PAYROLL 972.67 • • CHECK APPROVAL LISTING FOR FEBRUARY 14, 1994 COUNCIL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHEC REGISTER FOR FEBRUARY 8, 1994 PAYROLL 208107 -108 Void 208109 (G) Randie Berg 39.0 reg hours 208110 (G) Jeff Chiles 48.5 reg hours 208111 (G) Charles Davis 80.0 reg hours -4 of 208112 (G) Wendy Davis 80.0 reg hours 208113 (G) Harold Dircks 80.0 reg hours 208114 (L) John Fruth 6.75 reg hours 208115 (G) Amy Grahn 47.0 reg hours 208116 (G) Alan Haskins 12.0 reg hours 208117 (G) Timothy Heiland 31.0 reg hours 208118 (G) Patricia Helgesen 80.0 reg hours 208119 (L) Shawn Hempel 21.0 reg hours 208120 (G) James Hurm 80.0 reg hours 208121 208122 (L) (G) Brian Jakel Dennis Johnson 9.0 80.0 reg reg hours hours -4 of 208123 (L) Loren Jones 4.25 reg hours 208124 (L) John Josephson 60.0 reg hours 208125 (L) William Josephson 80.0 reg hours 208126 (L) Mark Karsten 17.25 reg hours 208127 (G) Douglas Koerting 19.0 reg hours 208128 (G) Jason Koerting 50.0 reg hours 208129 (L) Susan Latterner 16.5 reg hours 208130 (G) Colleen Lindskoog 32.75 reg hours 208131 (G) Joseph Lugowski 80.0 reg hours 208132 (G) Theresa Naab 80.0 reg hours 208133 (G) Lawrence Niccum 80.0 reg hours -4 of 208134 (G) Bradley Nielsen 80.0 reg hours 208135 (G) Joseph Pazandak .80.0 reg hours 208136 (G) Daniel Randall 84.0 reg hours -4.5 208137 (L) Brian Roerick 8.25 reg hours (G) Alan Rolek 80.0 reg hours 5 208138 208139 (L) Brian Rosenberger 14.5 reg hours 208140 (L) Christopher Schmid 80.0 reg hours 208141 (G) Howard Stark 80.0 reg hours 208142 (G) Beverly Von Feldt 80.0 reg hours 208143 (G) Ralph Wehle 80.0 reg hours -3.5 208144 (L) Dean Young 80.0 reg hours 208145 (G) Donald Zdrazil 80.0 reg hours TOTAL GENERAL TOTAL LIQUOR TOTAL PAYROLL of of 211.68 236.75 626.03 777.65 205.88 39.89 185.65 55.41 157.46 617.68 112.48 1,445.73 50.75 832.57 23.94 323.89 581.34 97.29 95.93 242.89 93.05 204.80 746.47 782.70 884.50 1,030.87 1,066.30 851.22 48.71 1,262.12 71.77 431.20 669.70 625.93 681.59 640.97 1,187.93 15,685.44 2,515.28 18.200.72 Q� TO: Mayor & City Council FROM: James C. Hurm,;City Administrator DATE: January 19, 1994 l� RE: Issue Prioritization Work Session To date we haver • Publicly reviewed aloud the City Statement of Purpose and City Values; • Reviewed 1993 objectives status and objectives set in the 1994 budget; • Prepared a list of issues facing the City in 1994 for the Council to prioritize. At the work session the City Council should: • Discuss any of the above items if there are any questions or suggestions for change; • Review the list of issues facing the City in 1994 and add any issues that are missing; • Prioritize the final list of issues using a method to be described at the meeting, which will be similar to past years This year's list of issues does not include projects which are already budgeted for in the CIP to be done in 1994. JHjtln MAYOR Barb Brancei 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/Jim Hurm DATE: 3 January 1994 RE: Comp Plan - City Water FII.E NO.: 405 (Comp Plan - Comma 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 Minnetonka's South Shore Re: Comprehensive Plan City Water 3 January 1994 The Comprehensive Plan is considered the most appropriate forum in which to address City water. In addition to setting forth the goals, policies and plans for a municipal system, it puts this issue in context with the other elements of community development (Le. streets, land use and natural resources). It also involves a public review process which provides for scrutiny and input from the residents of the community. Following is a tentative schedule for completion of the Comprehensive Plan Update and a subsequent public review process: February - begin review of Land Use and Natural Resources Chapters March - 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 8) May discuss revisions to Plan based upon public input June - review b J hold a public hearing d ate subject to r p g an adopt Comp Plan Upd � y. 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- TO: Mayor `& City Council FROM; James C. Hurm, City Administrator DATE: January 20, 1994 RE: Special Assessment Work Session This memo is intended to put into perspective what we estimate our street needs to be and the dollars we have actually 'set aside. Joel is preparing graphs which will show what a lesser special assessment for collector "MSA" streets would mean our general taxing effort. This will be presented at the work session. Projected Levied "Tax Dollar" Actual for 1994 (Average Year) & Planned in CIP Patching $35,500 $30,000 in 1994 operating budget Seal Coating 26,500 35,000* in 1994 (3 x in 40 -45 yrs) operating budget Overlay 83,000 80,000 CIP set aside for (2 x in 40 -45 yrs) 1994 thru 1998 Rebuilding: (every 45 yrs) no sp. assess. $568,000 $150,000 CIP set aside 1994 10% assessed 490,000 170,000 CIP set aside 1995 20% assessed 413,000 190,000 CIP set aside 1996" 33% assessed 309,000 210,000 CIP set aside 1997 50% assessed 179,000 230,000 CIP set aside 1998 * Because seal coating had not been done for a number of years,' more was set aside for seal coating. JH /t1n 12094.3