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072693 CC Reg AgP . / i \ , CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JULY 26, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 PM AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Lewis Mayor Brancel Benson stover Daugherty C. Review Agenda 2. APPROVAL OF MINUTES City Council Regular Meeting and Worksession Minutes - July 12, 1993 (Att.NO.2-Minutes) 3. PARK - Report on the July 13th meeting 4. PLANNING A - A Motion to Adopt a Resolution Approving Findings of Fact for C.U.P. and Variances for Vine Hill Market at 19215 State Highway 7 (Postponed from 7/12 Meeting) (Att.No.4A-Proposed Resolution) B - A Resolution Approving the Simple SUbdivision/Combination/CUP Revision for Minnewashta Elementary School, 26350 smithtown Road (Att.No.4B1-Planner's Memo; 4B2-Proposed CUP Resolution; 4B3-Proposed Subd. Resolution) C - A Resolution Approving the Preliminary Plat of James Hill for James Robin, 23420 Park Street (Att.No.4C1-Planner's Memo; 4C2-Proposed Resolution) 5. CONSIDER A RESOLUTION ORDERING PLANS & SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE SILVERWOOD PARK TENNIS COURT PROJECT (Att.No.5-Proposed Resolution) 6. CONSIDER A RESOLUTION ORDERING PLANS & SPECIFICATIONS FOR SEASONS ELDERLY HOUSING PROJECT (Att.No.6-Report/Proposed Resolution) 7. 8:00 P.M. INFORMATIONAL MEETING A - Presentation of and public input on a special assessment ordinance for street reconstruction projects B - Consideration of an ordinance amending Chapter 901 of the Shorewood City Code adopting an assessment policy for Street Reconstruction (Att.7B-Proposed Ord./Summary Ord.) 8. MATTERS FROM THE FLOOR '# CITY COUNCIL AGENDA - MONDAY, JULY 26, 1993 PAGE TWO 9. ADMINISTRATOR AND STAFF REPORTS A Attorney's report on sewer backup insurance investigation B Report on 1993 Objectives & presentation of Objectives for 1994 Budget (Att.NO.9B-Administrator's Memo) 10. MAYOR AND CITY COUNCIL REPORTS Report on the Coordinating Committee meeting 11. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Attachment) JCH.tln 7/16/93 MONDAY, JULY 26, 1993 I] r 11 " EXECUTIVE SUMMARY SHOREWOOD CITY COUNCIL MEETING AGENDA ITEM 4A - This resolution to approve findings of fact for a conditional use permit and variance for the Vine Hill Market has been delayed three times for consideration by the full Council. AGENDA ITEM 4B These are resolutions approving a sUbdivision/combination and conditional use permit revision for Minnewashta Elementary School, subject to conditions in the July 1st Planner's memo, and subject to appropriate parking and signage. A recommendation to approve was made by the Planning Commission 6/0. . AGENDA ITEM 4C - This is a resolution approving a preliminary plat at 23420 Park Street subject to recommendations in the July 1st Planner's memorandum, and to the Engineer's review and approval of sanitary sewer service to Lot 4. The recommendation passed by the Planning Commission 6/0. ( AGENDA ITEM 5 - This resolution authorizes advertisement for bids for the Silverwood Park tennis courts. The plans will be available for review at City Hall as of July 20th. Feel free to stop in to take a look at the plans. AGENDA ITEM 6 - Hopefully by the Council meeting, a resolution will have been reached with MnDot concerning the funding of storm water improvements. If anything arises, I will attempt to inform the Council on Monday before the Council meeting. '. AGENDA ITEM 7 - 8:00 p.m. Public Information Meeting - We will give a presentation, approximately 10 minutes in length, explaining the proposed special assessment ordinance for street reconstruction. An opportunity should then be given for public input and Council discussion. This is not a public hearing. Council can take action or defer action to a later meeting. AGENDA ITEM 9B - A report has been prepared and is enclosed in the packet on the status of objectives set in the 1993 budget document. The format is designed for review at a glance. We can review these objectives and talk a little bit about objectives for 1994 if there is time before the 8:00 p.m. information meeting. . . DATE July 26 August 9 August 23 September 13 September 27 October 11 October 25 November 8 November 22 J CR.tIn TENTATIVE SCHEDULE OF 7/13/93 CITY COUNCIL WORK SESSIONS Held in Round Table Format Following the Regular City Council Meetings TOPIC OF DISCUSSION Operating Budget *Joint Meeting with Planning Commission - Community Facilities Section of Comp Plan (moved from 9/13) Capital Improvement Plan - 1994 - 1998 (moved from 8/9) Water Policy Questions - New Developments (moved from 8/9) Review Garbage Collection Alternatives (moved from 7/12 & 8/9) Capital Improvement Plan - 1994 - 1998 Discuss Labor Negotiations (moved from 7/26 & 10/11) *Joint Meeting with Planning Commission - Land Use/Natural Resources (Comp Plan) . . CITY OF SHOREWOOD WORK SESSION OF THE COUNCIL MONDAY, JULY 12, 1993 CONFERENCE ROOM 5755 COUNTRY CLUB ROAD 6:50 P.M. MINUTES CONVENE OF THE WORK SESSION AT 6:50 P.M. Present: Mayor Brancel; Councilmembers Benson, Lewis and stover; Administrator Hurm. Absent: Councilmember Daugherty The Council discussed how to handle the appointment of a Planning commissioner to fulfill the term of resigning Commissioner Louise Bonach. Three resumes were available from individuals who had been interviewed for the Planning Commission in January. The Council felt that the Planning Commission opening should be advertised one time in the local paper. If any new individuals apply they could be interviewed before a City Council meeting. Those that have been interviewed in January need not be reinterviewed. There being no further business, the Mayor adjourned the work session at 6:55 p.m. RESPECTFULLY SUBMITTED, James C. Hurm, City Administrator -f- krv, -# ~ CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JULY 12, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Mayor Brancel at 7:00 p.m. A. PLEDGE OF ALLEGIANCE B. ROLL CALL Present: Mayor Brancel; Councilmembers Benson, Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, Planning Director Nielsen and Finance Director Rolek. . Absent: Councilmember Daugherty. C. REVIEW AGENDA Dresel stated Agenda Item 6 will consist of a report rather than consideration of a resolution. Stover moved, Benson seconded to approve the amended agenda for July 12,1993. Motion passed 4/0. 2. APPROVAL OF MINUTES . A. Regular City Council Meeting - June 28, 1993 Lewis moved, Benson seconded to approve the minutes of the City Council meeting of June 28, 1993. Motion passed 3//0. Brancel abstained. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for July 12, 1993. A. Motion to Adopt a Resolution Approving Findings of Fact for C.U.P. and Variances for Vine Hill Market at 19215 State Highway 7 (postponed from June 14 and 28 meeting) Stover moved, Benson seconded to remove Item A. from the Consent Agenda for discussion. 1 REGUlAR CITY COUNCIL MINUTES JULY 12, 1993 - PAGE 2 Motion passed 3/1. Lewis voted nay. Stover expressed concern regarding the proposed one-way traffic pattern in the C.U.P. application, and stated that if approved, it will create a severe potential hazard. Since the Council is responsible for the safety and welfare of the citizens, Stover indicated she could not vote for approval of the C.U.P. resolution. Further, she noted that while the applicant's proposal contains a number of improvements, the limited size of the site precludes a two- way traffic pattern, the applicant currently has reasonable use of the property, and modifications to the proposal to eliminate the traffic/safety hazard should be considered to make the proposal acceptable. Brancel noted that the applicant was not notified that one Councilmember would not be in attendance at this meeting. Keane stated the Council may at it's discretion either act on the motion or move to continue the matter at a future meeting. Lewis stated the applicant has appeared before the Planning Commission and the City a . number of times and has demonstrated extraordinary willingness to improve the property and to develop an adequate plan to the satisfaction of the City. The Council agreed the applicant is justified in having the full Council present to consider the C.D.P. resolution. Lewis moved, Brancel seconded to continue to a future Council meeting consideration of a motion to adopt a resolution approving findings of fact for C.D.P. and variances for Vine Hill Market, 19215 State Highway 7. Motion passed 4/0. 4. PARK . Hurm noted that plans and specifications for tennis courts at Silverwood Park will be presented for the Council's consideration at its July 26th meeting. 5. PLANNING A. A Resolution making an appointment to the Planning Commission Hurm stated this Item is removed from the agenda since the Council will interview applicants for the position and make an appointment to the Commission in August. Doug Malam, Planning Commissioner, reported the discussions and actions taken at the Commission's July 6 meeting including unanimously recommending approval of a simple subdivision/combination and C.U.P. revision for Minnewashta Elementary School and of a preliminary plat for James Hill; and voted 4/2 to table action on a simple subdivision and lot width variance for Wallace and Elizabeth Peck. 2 REGUIAR CITY COUNCIL MINUTES JULY 12, 1993 - PAGE 3 6. CONSIDER A RESOLUTION ORDERING PlANS & SPECIFICATIONS FOR SEASONS ELDERLY HOUSING PROrnCf Dresel reported on the continuing discussions with MNDot for its funding participation for rehabilitation of the storm sewer running through the project. He stated it appears MNDot is willing to negotiate funding to the maximum of its existing policy, but would not likely fund the complete remainder of the storm sewer costs. It is their opinion that the City is responsible since it is the City's water draining through the pipe. Dresel stated an option for funding would be to add the remainder to the assessment of the project; however, the developer, Mr. Boyer, requests that the Council consider the City's participation in view of the type of project, that of senior housing. . Dresel indicated another alternative would be through a tax district, however, the legal process would unacceptably delay the project and the small dollar amount involved does not make that approach economically viable. Dresel stated that while the end of the existing pipe is underneath Old Excelsior Boulevard which is the City's right-of-way and responsibility, additional funding from MNDot may be negotiated. It was pointed out that City participation could be funded through the Storm Sewer Management program; however, since it was just begun this year, little funds are currently available. Dresel suggested that funds could be used from another source such as from the City's Road and Bridge account with reimbursement to that account when storm sewer funds become available. He stated the unfunded portion is $55,000 and estimated that MNDot may fund $30,000-$40,000 with the remainder being $15,000-$25,000. .. Dresel pointed out that regional benefits will result from the sewer improvements in that the area to the east and south will also be affected. Dresel indicated that the pipes are deteriorated to the point that water discharges into the surrounding area including that of the developer. Dresel noted the developer's share of the total cost is $35,000. During discussion, the Council agreed that assisting elderly housing may set a precedent for future similar developments, acknowledged that increased assessments add to the cost of the units, reiterated their view that the responsibility remains with the developer and requested the Engineer to prepare a plan for the Council's consideration including further negotiation with MNDot for funding the necessary sewer repairs. Mr. Boyer, the Seasons' developer, described how the storm sewer is dumping water on his property noting that drainage impacts a much larger area than just his property and improvements will benefit the entire area. He stated his appreciation of the Council's consideration of funding assistance for the necessary repair work. He circulated an updated drawing of a typical unit and reported that questions regarding decks/patios/screened porches for the units have been resolved. 3 REGUlAR CITY COUNcn.. MINUIES JULY 12, 1993 - PAGE 4 7. SOUTHSHORE SENIOR COMMUNITY CENTER - TASK FORCE REPORT Hurm indicated action on a resolution is not requested at this time and brought the Council's attention to a written report dated June 23, 1993: "Southshore Senior/Community Center Task Force Update," which describes the continuing work of the Task Force. 8. CONSIDERATION OF THE PURCHASE OF A MITA COPIER IN 1993 Rolek reviewed the recommendation for purchase of a Mita Model DC-5685 copier priced at $10,933. The copier was to be purchased in 1994, however, due to an expected price increase, it is recommended that the copier be leased for six months as the retailer has agreed to apply all lease payments to the purchase price, with the balance due paid in January 1994. It is further recommended that the City keep the present copier as a back-up since the price does not include a trade-in allowance and the copier would serve increased demand and usage. Stover moved, Benson seconded to authorize the purchase of a Mita Copier under the terms outlined in Finance Director Rolek's memorandum dated July 1, 1993. . Motion passed 4/0. 9. MEMORANDUM OF AGREEMENT FOR METROPOLITAN COUNcn.. TO PROVIDE TECHNICAL ASSIST ANCE IN PROGRAM REVIEW / ANALYSIS TO lAKE MINNETONKA CfllES Hurm explained the agreement of services between the Lake Minnetonka area cities and the Metropolitan Council for Met Council staff assistance in undertaking the cooperation study. The intent of the study is to analyze each service to determine options for providing the service. Benson stated there is no cost related to the study except for staff time and noted there is a great deal of valuable information to be gained. . Benson moved, Stover seconded to authorize execution of the Memorandum of Agreement for Metropolitan Council to Provide Technical Assistance in Program Review/Analysis to Lake Minnetonka Area Cities. Motion passed 4/0. Hurm requested the Councilmembers to consider recommendations of individuals for appointment to an advisory group to oversee the work of the study group. 10. LEASE AGREEMENT FOR SHOREWOOD SHOPPING CENTER UOUOR CENTER - Postponed 4 REGULAR CITY COUNCIL MINUTES JULY 12, 1993 - PAGE 5 11. MATTERS FROM THE FLOOR Mrs. Vogel, 19795 Excelsior Boulevard, brought the Council's attention to flooding on her property which she believes is caused by problems with the drainage system. Dresel stated this is part of the Seasons senior housing development drainage problems and requested Mrs. Vogel to contact him with regard to plans for solving the problems described and for information for a contact person at MNDot. 12. ADMINISTRATOR AND STAFF REPORTS Attorney's Report on Sewer Backup Insurance Investigation Keane briefly commented on the continuing negotiations regarding insurance coverage of a resident's sewer backup damage claim. . Hurm brought the Council's attention to the "Mediation Handbook for Cities" published jointly by the Association of Metropolitan Municipalities, Minnesota Office of Dispute Resolution, and the Metropolitan Council. 13. MAYOR AND COUNCIL REPORTS The Council discussed the status of the City's dispute with the Metropolitan Waste Control Commission. 14. ADJOURNMENT TO A WORK SESSION FORMAT SUBJECT TO APPROVAL OF CLAIMS . Stover moved, Benson seconded to adjourn the meeting at 8:00 p.m. to a work session format, subject to the approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSavers Secretarial Services ATTEST: BARBARAJ.BRANCEL,MAYOR JAMES C. HURM, CITY ADMINISTRATOR 5 CITY OF SHOREWOOD COUNCIL WORK. SESSION MONDAY, JULY 12, 1993 COUNCll.. CHAMBERS 5755 COUNTRY CLUB ROAD 8:10 P.M. MINUTES CONVENE WORK. SESSION Mayor Brancel convened the work session at 8:10 p.m. Present were: Mayor Brancel; Councilmembers Benson, Lewis and Stover; Planning Commission members Bean, Bonach, Malam, Pisula and Rosenberger; Park Commission Chair Dzurak; Engineer Dresel and Planning Director Nielsen. Administrator Hurm and Finance Director Rolek attended a portion of the meeting. A Joint Meeting with Planning Commission on the Transportation Chapter of the Comprehensive Plan (postponed from June 14 & 28) . Nielsen stated the Planning Commission has conducted a comprehensive review of the Transportation Chapter during the past several months and recommends that it be accepted for the transportation element of the City's Comprehensive Plan. The basic goal of the Transportation Plan is: "The City shall provide and maintain a safe and efficient system of transportation, sensitive to the.. needs of residents and the environment of the community." Nielsen distributed a Chapter Summary containing 12 recommendations based upon the goals, objectives and policies. He reviewed each of the recommendations and answered questions. The Planning Commissioners added further clarification of the recommendations. . The Councilmembers provided policy direction and noted that a public hearing will be conducted in connection with final approval of the Transportation Plan. With respect to recommendation number 12, "Consider prohibiting the use of snowmobiles within the community," the Council requested the Park Commission to prepare a recommendation on the current snowmobile ordinance including consideration of the curfew; use of the hiking/biking trail; use of snowmobiles on roadways; and enforcement; with the idea of preserving the use of snowmobiles within the community. Following discussion, the Council generally accepted the recommendations contained in the Chapter Summary of the Transportation Plan as presented by Nielsen and developed by the Planning Commission. B. Discuss Badger/Woodhaven Wells - CIP Review Hurm reviewed the alternatives and cost analysis developed for the Badger well: 1) leave as a separate Shorewood water system; 2) hook the system up to the Tonka Bay water system; 3) hook the system up to the Excelsior water system. Future repairs to the well and replacement of the building housing the well are anticipated. 1 CQUNCIL WORK SESSION July 12, 1993 - PAGE 2 Following discussion, the Council recommended that staff further pursue the possibility of hooking the system up to the Tonka Bay water system. Hurm reviewed the options developed for the Woodhaven well: 1) leave the system as is, or 2) connect the system to either Excelsior or Chanhassen systems the cost of which is estimated at $48,800. Following discussion, the consensus of the Council was to leave the Wood haven well system as it is currently operating. C. Adjourn Work Session Brancel suggested changes in the Council's work session dates. A revised schedule will be circulated to the Councilmembers. Stover moved, Benson seconded to adjourn the Work Session at 10:00 p.m. Motion passed 4/0. . RESPECTFULLY SUBMITTED. Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial . 2 RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND A SETBACK VARIANCE FOR THE VINE HILL MARKET WHEREAS, James Pyle (Applicant) is the owner of real property located at 19215 State Highway 7 in the City of Shorewood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached; and . WHEREAS, the Applicant proposes to install motor fuel pumps on the west side of the property; and . WHEREAS, ,the Applicant has applied for a conditional use permit, pursuant to Section 1201.21 Subd. 4.c. of the Shorewood City Code, and a setback variance for the distance between his access drive and the street intersection; and. WHEREAS, Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission dated 1 April 1993 and 29 April 1993, which memoranda are on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meetings on 6 April 1993 and 4 May 1993, the minutes of which meeting are on file at City Hall; and WHEREAS, Applicant's request for conditional use permit and variances were considered by the City Council at their regular meeting on 24 May 1993, at which time the Planner's memoranda and the minutes of the Planning Commission were reviewed and . comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. district. That the Subject Property is located in a C-3, General Commercial zoning 2. That the City Zoning Code requires a sixty-foot setback between access drives and street intersections. - 1 - f~*Lj A 3. That the Applicant's property contains approximately 13,598 square feet of area and is irregularly shaped due to the location of the State Highway 7 right-of-way. ... 4. That the Applicant proposes to add on two fuel pump islands to the west of the existing building, as shown on his proposed site plan, Exhibit B, attached. 5. That the existing access drive on the north side of the site promotes cut- through traffic on the site and its grade is steep. 6. That the Applicant's site plan proposes to eliminate the access drive on the north side of the site. 7. That the access on the east side of the site is currently unconfined and the Applicant proposes to create two access drives which comply more closely with City Code requirements. . 8. That the Applicant's parking lot does not currently comply with setback requirements and encroaches into the public right-of-way. 9. That the proposed site plan proposes to bring the parking lot into compliance with zoning requirements, including curbing and striping. 10. That due to limited space on the site, the Applicant proposes a one-way, counterclockwise circulation system around the south side of the building. CONCLUSIONS 1. That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defmed by Minnesota Statutes Section 462.375, Subd. 6(2). . 2. That based upon the foregoing, the City Council hereby grants the Applicant's request for a variance as set forth above. 3. That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit subject to the following: a. The Applicant must require employees to park in the four southerly spaces. b. The Applicant must provide a detailed signage plan including all business signs and traffic control signs to be approved by the City Council. c. The southerly driveway must be clearly signed "One-Way Do Not Enter". - 2 - g. h. . i. J. k. 1. d. The applicant must provide cost estimates for all required improvements, including grading, paving, curbing, striping and landscaping. e. A letter of credit in the amount of 1.5 times the cost estimates is required to guarantee that site improvements will be completed. f. The site will be monitored for potential on-street parking problems. If at any time problems arise, "no parking" signs will be installed along the service road and Vine Hill Road. Phone from car facilities must be eliminated to minimize congestion on the site. Grading and drainage must be approved by the City Engineer. Drainage must be approved by MNDOT. Fuel pumps and tank installation must be approved by the Fire Marshall. The trash dumpster must be enclosed with a masonry wall. The Applicant understands that inadequate room exists for an overhead canopy to cover the pump islands. 4. That the City Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of July, 1993. . ATTEST: BarbaraJ. Branccl, Mayor James C. Hurm, City Administrator/Clerk - 3 - . . LEGAL DESCRIPTION: "That part of the East 133 feet of the following described property: That part of Lot 15, Vine Hill, described as follows: Commencing at a point on the East line of said Lot, distant 375 feet South of the Northeast comer of said Lot; thence West perpendicular to said East line, along a line hereinafter referred to as line "A" a distance of 188 feet to a point hereinafter referred to as Point "X"; thence continuing West on said Line "A" to the West line of the East 330 feet of said Lot, and said Line "A" there ending; thence North along said West line of the East 330 feet a distance of 71.9 feet more or less to the Southeasterly line of the right-of-way of State Highway No.7; thence Northeasterly along said Southeasterly line a distance of 124 feet to the actual point of beginning of the land to be described; thence Southeasterly along a line, which if extended would pass through said Point "X", to its intersection with a line drawn parallel with and distant 20 feet North from said Line "A"; thence East along said parallel line to said East line; thence Southwesterly to the actual point of beginning, and lying North of a line described as follows: Commencing at the Northeast comer of said Lot 15; thence South along the East line of said Lot a distance of 294.59 feet to the point of beginning of the line to be described; thence deflecting right 90 degrees to the West line of said East 133 feet, and there ending. 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'e.t' ~ ~;'tn"< ;-:. a...::: [i ~\Q ~.~~! g~~i~:~g~~.~~;"':~i . g= .~~~ i ~~:~~g - ~ro.~rtg · ~ rt a:ogoQl tJ ::;~d1 .~~ ....g.....ttO ~ ~ '<.... ~ : ~ ;. . H ~;~ n ~ Ii: : e. H ~; i ~ ~ t! ~ ~:~-~ n~~.g~~rt~~:~..o~ ~ & ~; ~Q~G~ G.G~;;'<~o~ rt~~;~A ~: .~.....o el'l .,g~~:r g~. j-t) o:f~g~ g:~~ o!;~~~~!;~~ ~n ~~ ._.~:...~ ~~~ ~~F. ~~... 'I" Il- =q ..-, ~.!-"lC --'" ...... .... ~.,.:o ill ~ /'l~"--..' ~ ~ (I (J a a ~ ., ~ II " Q I: Cl c: 1lI t Q .. " to I ~~ ~ +,}- ""> it ~o ~ j< ~ ~~ 8 go " trl ~ 1'~ !:trl ~~ ~z o "r. 1m ~z ~o l~ trl ..~ ~z !to ~n m9 .... ~ '"t1 -< r;; . . Dated: July 26, 1993 CERTIFICATION STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) I, James C. Hurm, duly appointed City Administrator/Clerk of the City of Shorewood, Hennepin County, Minnesota, do hereby certify that the foregoing resolution is a true and correct copy of a resolution adopted by the Council of the City of Shorewood and is so recorded in the minutes of a meeting held on the 26th day of July , 1993. James C. Hurm Ci ty Administrator/Clerk / 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: 1 July 1993 . RE: Minnewashta Elementary School - Subdivision/Combination and C.U.P. Revision FILE NO.: 405 (93.17) BACKGROUND In August of last year the City granted a conditional use permit for the expansion of the . Minnewashta Elementary School, located at 26350 Smithtown Road (see Site Location map -Exhibit A, attached). At the time their c.u.p. was approved School District officials. indicated that they were negotiating to purchase additional. land to the west of the school in order to improve their parking lot design. . The School District has now purchased the 5.57 acre parcel at 26410 Smithtown Road. They propose to subdivide off a 40,000 square foot parcel with an existing house and combine.the remaining 4.65 acres with the school property (see.Exhibit B). They then propose to build a new parking lot to the west of the existing parking lot and building (see Exhibit C). The new parking lot plan requires a revision to their c~rrent c.u.p. ISSUES AND ANALYSIS A. Subdivision/Combination. The newly purchased property contains a house and five accessory buildings. Four of the outbuildings will be removed from the site and the existing garage will be relocated to comply with R-IA zoning district setback requirements. The proposed lot (parcel B) complies with R-IA area and width requirements. The applicant's surveyor shows seven-foot drainage and utility easements along the west, north and east boundaries of the new lot. These should be changed to 10 feet to comply with current Subdivision Code requirements. . A Residential Community on Lake Minnetonka's South Shore 4Bl Re: Minnewashta Elementary School Subdivision/Combination and C.U.P. Revision 1 July 1993 It is worth noting that with the purchase of the five-acre parcel, the School District is considering selling the westerly 10 acres of the school property (see Exhibit D). B. Revised Site Plan. The new parking configuration provides 75 parking spaces for employees and visitors, plus 13 spaces for buses to load and unload. Additional overflow parking is provided north of the school building. The parking lot complies with all dimensional requirements of the Shorewood Zoning Code. A revised landscape plan is shown on Exhibit E. The plan takes advantage of several existing mature evergreen trees, adding to them to provide a buffer between the . school and the existing house. Grading and drainage were raised as issues in the August, 1992 c. u. p. The City Engineer addresses these items under separate cover. RECOMMENDATION The proposed division/combination complies with all lot size requirements of the Shorewood Zoning Code. The proposed parking lot increases parking capacity and improves overall circulation. It is therefore recommended that the division/combination and revised c.u.p. be approved subject to the following: .1. The applicant must provide deeds for the 10-foot drainage and utility easements. . 2. The four sheds should be removed and the garage relocated by 30 September 1993. 3. The easements and the Council resolution approving the division and combination must be recorded by 31 August 1993. 4. The parking lot must be completed by 1 November 1993. 5. Landscaping must be completed by 1 November 1993. 6. Park dedication fees and local sewer access charges are not required. 7. Grading, darinage and erosion control are subject to review and approval by the City Engineer and the Minnehaha Creek Watershed District. cc: Jim Hurm Tim. Keane Joel Dresel Tom Berge John Rohrman - 2 - SllOllIlt ......--;1'C':" 5: - 0; ~ <D '" ,I \' 2 ------...........-.........--..-..--------------..----..-......-----...-... ,... .. ': J .\~, \. C ~ ~ ... .. - ~ ~~--.......-...-...- So ..~ ')\\,1, :;B ---....... ---- ...-- -- ----- --- --;.: --... ....-- ...... -- -... -----.. ------ ~ in :!: ~~ "- I. I ; i , - ~ ...!!! ',: ;:; I I ',(, ~ on r '0 ~2 on =-=:: ~ N "'", !; !; '" -.... ...... t- ~ ~~ -!:r -,. in ;0 r I, I: 'I i I, I I ~ - ~ '" i ....., ~ " " LJI L, I I, I ) 1.1 ) ) I I !\ i I! , r' III I(\. of"~ r:. ,,1 I"~ -s, J:: / ) I 'l to:e , I I . I . !, '" : . ~ i J .:: . : '-\.) I'.... , " : . .~ ~ . \: !:! ;;0 N . l!I..~ Ie t;~~ ~ :'l:- .~ \ ~ ~.- -: ~ HIIIOIl ..~ '" .. !: "'. 'i' '. \ . r'. Ii> !'. ~.....~( " ., 51 " !!! 2 ... ~ ~ N !!! ( - ~ ~ ~ .... t: '... ~" (., ~ ...{~ "t~ Q ~-1 . HI" i :..... . . .. I 2 -------t----- ~ It) N t 1 --', '0 .......,'..' ............ol..a;t.................'. M 'It -------f----- J;; ~ " .. c " .. ~ ;;; _ __00_ __00__ ______ ___ _00_2\00 00 ___ __ _____ ----- -------- -- -------- '" ~ &l'IS' .- ____n_!.____ ~ .. on ~ tt or u' i [ J:: HO a; '" " J:: iiiVJHI'v'J a:. N -\ 0; ~ Exhibit A SITE LOCATION Minnewashta School - Subdivision/Combination and C.D.P. . ; .." il. , ~'l.. '..'.. '. .' ~. ~ ; -\ o 30 .......... ~.. ~ SCALE IFf '.J t.1D.r+h / _ \ ~~~ \~ tHAT PARl ~r mE SOVTHf..'ST QUAATtR o~ wr. \ ~ \ OF sttnoN J2. l0W'H5HIP "7 tK'Jrmt. AANG( 2 \ \ pm'19S-'l. lKllIO"" DEScm8ED AS 'oo.0W5' ~.'-Ii~N1NC AT:~ ~otNr ON nt( 50l1nf UtI( or ~ ~ER or mE NORntNtST OUNfftR OIstNlT , ~l~'~ s::: if~~~R ~~~.S:'d:;' (/ I ~~~E:O ~~JW~c,rcW~~U:;Jr (; A o.rUNICE OF' lJ8.~8 rEEl. TO A Pe"n DfSi" \ ~r~b~~'l:, 'f}.Ew~~o s~ , THOteE tASTERLY. PARAU.E\. willi ~o t40RrH \ I ~~~Orn~f~~li~r s::,THs~.M~~: OF' THt NORTHWEST OUNntR. mOM "tE r"Olf~ t THENCE sovnlERt.Y. HoONG I..MT SAID F',./V'tifl 730.93 rt.ET TO nlE POINT OF' O(CINttlNC. JOElIEMl...lfQnS; ,. . oalOla IROH "'ONU,",O" FOUND 2. 0 DOlOrES IRON MONUUEHl SET . J. AR~: ~ 254.240 SQUARE FUT C ROAD " 'JUllU!IlE-fllI. C .' . ',:. .. '" '. . NET..' I 242.80,5, SQUME rUT ( ;.-: I ;;:;~ ~':. 4. Bf.}.RIt'CS SHOWN ME 8'SED ON mE sou-: ~;-, f C. , .~ ="~=-"OF or~ ~~"=sr .~., :~~-:..~ 5: 1=E~~cr8'=2~tH DAY OF MAY. 1r. "~H PROP9S1:t::Y?!OH, BEl!l:IJ_ . flOOR UF.VAnOO or TH[ UIHHOWAStnA SCHOOl. fHlRANC( ON mE soum SIDE or SCHOOl. nr (HG\IO - 1929) -', '-. :i:.::;A;;~='P1' lh"at ,.rt ot the $outheut QUlrter or or Sedlo., .32. lownshlp III North. Rar 'rlncl,a' "'rldhit <,e.erlbed as r.lIow' ";:.-!~!;_ i. i~:;;~-N~ :.~~~l~;:-.~;I ;~t~\ ..;~ t~~~out^ )..~,..;. ~ .",f. IUouthu.t Quarter of.lh. "orthw~ ":_' , ;. .:!~ '=,1089.00 hit. 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' '.', Th.t"p,rt' or tho South.iit'Oulthr or ;: z9-t.:-~i :,', .' t;~t::l~~1"":~'d~::"d::~rl::dK:~t~~I~~: 'y::.:":~;1~ ',.~inltln, at . point .~"'t~. lout ~., SOuth"st Quitter ortb ftorthwt' '::..~,:.; ~5- :,;:.,.~,., ,r..,:~\..~.;;~' ::i'i1,' I:~l::.~te~u:;:~/~tt~:'~~~~:' . .~ euterly, .Ion, nld lOuth..11"., . 0 ,~, . .r~tl; tht"Cf Mrth.r1rf ,.t.Il.1 I"~ l":' \ -0: 'Slld Soulh."t Qu....t.r..' lite H.,,- . .~.: is ~i~J', .:' ::~';:~do:o~::.t~ft::':~'l:::~:e I I I ,I~_ (f)';' I.. .1" .' tfttl'lCl sovthtrl,&o,utp' . ..WI . ~~. jJ.:- .~: ;J',-~~., . ~~,~~nCl, ~r,~I5:. .'~~~I'/l~ ~h ,~~ :', ''Z' I ';. h,l :'.!' ~"'':Y'n" I" .lIfMftt for "."ny' ,.-J to- '.. I.;~,~ 'I !Ii~ .\" 1. "f:IUnde, and Icro.. th vtlt .00 f 3 '::t;l- \,",'V'''rj'.r In nd tht .ast 7,00 ,..tt,r th. ,be ~''-.r;~~(~~!!f : ,~Nt :" ": ',:. ),k:~)~~ h ~- ,l;t'i/~" ; " ,.~' ~';f'.. .. ~ H.'a~l~ ...i. : tt '''r'J,';.:I:~:;,J,;'' ~~t;I' ....>..:~tiiJ(~~;.:"l.. , _i~ .. ~ s;\,; : :~l ' _; :'.'~~I 'I . r, ,~".'; ~ ; ~:~:... '. ..~ : \.';:~('!'I.'.'II";'.l~" .;.'i.:L,.~;~r~,i i!~ .::i;~:I~~~t; ~~I'~;? ~; l,: :~':l' ,mi~r;~;;. . ".~Li\l;";,ii i'1,": :~; , .'" ~""I,~~...,I: c. " ~'. ~R\~~~ ~:~~!;;'!1. ..1 tt~;i::j~~J ~.j?~:~ i:; !V~:I~JHt) i.~,.":, ~.f' ':''i ..! .~i"~'lt~' ~I'; '.;:.;r:~.;'t~:t~~ ~_~ ';}i:~:'.~::-' f~ ri~1:',- " ',1 t:b-; ',i ,:~::~1'~f;U'~:. 'I ft(RtOY' CERn" mAr .:; "'~~: ':"'<;Y't'?t'~'~. ~i,g J;::~~~R~~ ':~~~~ URO 1-:.. ,"tlr,:' ~i:": UNOEn: nfE LAWS IT l' .t.:' : .~,~ I. ~j,.,:" . Ulrltn:SO'A,;, , ",::,~t:;[:; _1/Y~1:{e'~~'~ .1 ;:./tr. oA~hrjJ~J~'~ lJC .~.' " .. --:", -f;~ p~ ----- &.', z -----l_ '-- . -........ r.':' , r" -~ ;t, I.': , UHE ot: ~ 1/4 or HYI 1/4 OF' Stc. 32. T. '17 N. R. 2J W . ! "c ." 'r t. :..::..:...... Exhibit B PROPROSED SUBDMSION . . r" -..-.. -.. -.. - "-" -" - 00_"_" -"--' IrF I I ," -.. _.. -.. _.._.. _.. _.. _.._.. _00 _.. _..--; .... ~Ot1- ~ ~oi to ~k.- 1 I f'LIoTEGlJII'l"&/T I AIlEA I I 1 1 1------- I I 1 1 1------- I 1 1 1 I . 1 1------- I I Il<.PU _ 1 't.;;~-_I?~:.- ~ -- i FLAYGROlWI O\tEf;f\.OUJ p~ ..... 1- - - - -' - - - - -- I -,,- .-- 181 -..... .... .!- .! ~. I . . -- -- 1----- L.. _.. _ ..6rtili-htd>>l~.. ~..~cp~. .. l MINNEWA€l1-n A €lITE DIMENSION FLAN anv- - 0rIIw.'.I. Exhibit C PROPOSED SITE PLAN Dated 5 January 1993 ./ ./ ./ ./ /-.------7( I \ l / ;-- -- ./ """ /""--...... UJ I' ~- ffi ~- --(\ 0 ) -- --- _.- ~ ~ G >-_/ 73 3- ( &ifi 01- :nltt I I I I . I I E .G:l ~01 J.~SD t- ~ .r #:1<: Q- a ..J ...J '<l: 8 w G i:i: lit ::I: ...J U <J. '<l: E Q) In >-~ Q ~ ~ ~~ Q <l: i= ~ Q) d) 3a 3 x w X w ~uJ Z W , I Q) w :6 ..J >- ~ O!: w ll... 0 O!: ll... I G t1 ~ I j:~OC I ~~~ I i!:::i~ I OC}-!::: I ()<l:r: Z3Q) I I I Q <( I .() oc I ~ () +- ::I: l- i: ,Q) i 1 t ( l .~{ -;to ~ OC Ul ~ ~ ~Il :)~ ~o u.~ 11= Exhibit D COMPREHENSNE SITE PLAN . . . ~ ""+ 1-0 ~a. "" L" ---:.. -" -.. -.. -.. -..-.. -.. -.. -.. -..! (F i r"-"-"-"-"-"-"-"-,,-,,-,,-,,-,,~ I EXllrrELH- U I I I EXIO"'EI1f -ro !)(I&'.'~ EXIOTO n' EI1f -'to '0 ~.~~ EXIO' "ELH--,€ / g ..10'...... g 8 FLAY6ROUND1 OVEI'fl.OUJ PARKIt-ki PLAY EGlJIf't'ENT MeA ::dtTJ tTJ>'l <e: ~O" CI) ..... tTJ..... tjtTJ ~ >- ~ CI) (') ~ tTJ ~ ~ >- Z 181 nt~ (rI~~L-J~ t~~- ~ -~ ...-- ,------ I ".... tEllOUlNlNCma: t&P'I/I/1I9I6rl----- --- -L- '-0' ... Fl<<lft;;ntE .....-- LMI ,"'....... -M~~~ K MU - - - - - - - - - - - - - - r--' I I I I L____...J EXJ&f. FtU:E n'El' SOl> _, _IIU f [J~g , ~ -, ~~r...A$1 10 'DU lDCAnow . cou.nlAIl_ )'J..EGUJ J CQ.;tI'NAR flUCX'""" )'IoEl6ftl' .J CRENOf'M.LlIJEH J'. .. J ~pr:x.hIOffI '"1E1CiHI' 1- - - - --: - - - I 1 MINNEWA5~T A 5/TE LAND5CAPING PLAN y ~ OlIIr, 'A -.u-u E9~ &/28/93 ',\ \\~\..... oJ Orr Schelen Mayerpn & AsSocIates, Inc. 300 Park Place Center 5775 Wayzata Boulevard Minneapolis, MN 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 Engineers Architects Planners Surveyors July 1, 1993 Mr. Bradley J. Nielsen' City Planner City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Minnewashta School Site OSM File 5047.00 Dear Mr. Nielsen: . We have reviewed a Grading and Drainage Plan of the referenced site prepared by Otto & Associates dated June 1, 1993 from an engineering standpoint. We offer the following comments: 1) The slopes off the northwest comer of the site appear to be slightly steeper than the allowed 3:1. They should be more clearly labeled for construction; 2) The pipe grades north of MH-2 appear to be inadequate. This could simply be a typographical error, but it should be checked by the designer; 3) Location and access for a future City water reservoir should be discussed. The overall site plan (separate from our review of grading) shows a location for a future water tower, but does not indicate surface elevation, access, or proposed piping location. . As always, please do not hesitate to call me with any questions. Sincerely, ORR-SCHELEN-MA YERON & ASSOCIATES A ~:7 ?/"~ll' ./ // ../, ( r~ / . Joel A. Dresel, P.E., L.S. City Engineer c: Marty Campion, Otto & Associates Equal Opportunity Employe ....... RESOLUTION NO. A RESOLUTION GRANTING A CONDmONAL USE PERMIT FOR THE MINNEW ASHT A ELEMENTARY SCHOOL WHEREAS, the Minnetonka Public School District (Applicant) is the owner of real property located at 26350 Smithtown Road in the City of Shorewood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached; and WHEREAS, the Applicant has applied for a conditional use permit to add parking on the west side of the school; and WHEREAS, Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 1 July 1993, which memorandum is on file at City Hall; and . WHEREAS, Applicant's request was reviewed by the City Engineer, and his recommendations were duly set forth in a letter to the City Planner, dated 1 July 1993, which letter is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 6 July 1993, the minutes of which meeting are on file at City Hall; and WHEREAS, Applicant's request for a conditional use permit was considered by.the City Council at their regular meeting on 26 July 1993, at which time the Planner's memorandum, the minutes of the Planning Commission, and the Engineer's letter were reviewed and comments were heard by the Council from the City staff. '. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Subject Property is located in an R-1A single-family residential zoning district. 2. That the Applicant has purchased 4.65 acres of land to the west of the existing school site. 3. That the Applicant proposes to construct a parking lot on the west side of the school building, as shown on Exhibit B, which parking lot will provide staff parking for 52 cars and loading area for 13 buses. S R,nl #" c.;t3- ~ . . 4. That the proposed parking lot allows the existing parking lot in front of the school to be used for student drop-off and visitor parking. 5. That the proposed parking lot enhances vehicular circulation and improves safety for elementary school students. 6. That the Applicant has been granted a 35-foot variance for the existing parking lot in front of the school. 7. That the Applicant proposes to landscape the site according to the Landscaping Plan shown on Exhibit C, attached hereto and made a part hereof. CONCLUSIONS 1. That based upon the foregoing, the City Council hereby grants the request for a conditional use permit subject to the following: a. The Applicant shall comply with the requirements of their previous conditional use permit, contained in Shorewood City Council Resolution No. 78-92, except as modified herein. b. Grading, drainage and erosion control shall comply with the recommendations of the City Engineer and the Minnehaha Creek Watershed District. c. The parking lot must be completed by 1 November 1993. d. Landscaping improvements must be completed by 1 November 1993. 2. That the City Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of July, 1993. BarbaraJ. Branrel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk - 2 - LEGAL DESCRIPTION: "That part of the Southeast Quarter of the Northwest Quaner of S~c:ion 32, Townshio 117 . , Range 23 and that pan of the Southwest Quaner of the NorJ1~t Quaner of S~tion 32, Townshio 117, Range 23 all in 11innesora described as follows: . - Commencing at a point on the e3.St-west quarter-section line of said S~ction 32 a distance of 1089.00 feet e3.Sterly from the southwest corner of said Southe3.St Quaner of the Northwest Quaner; thence norJ1erly, pa.-allel with the north-south quarte:-section line of said Section 32, a distance of 856.55 feet to a Judicial Landmark set pursuant to Torrens Case No. 16413; thence easterly, par.Jlel with said e:lSt-weSt quaner-section line 330.00 feet; thence southerly, parallel with said norJ1-south quarter-section line to said e3.St-west quarter-section ILTle; thence westerly along said e3.St-west quarter-section line to the point of beginning; :md ~.. :oan of the Southe3.St Quaner of the Northwest Quart. I.er of S~ction. 32, Township 117, ~ 23, described as beginning at the intersection of the Norl.h line of said Southe3.St Quaner with a line drawn NorJ1erly parallel with the West line of said Southeast Quarter, from a point on the South line of said Southeast Quaner distant 742.5 feet Easterly from the Southwest comer of said Southe3.St Quaner; thence Southerly along said pa..-r-allel ILTle 628.57 f~:; thence Easterly parallel with the NorJ1line of said Southeast Quaner to the intersection with a line drawn Northerly par.Jlel with the East line of said Southe3.St Quaner, from a point on the South line of said Southeast QuaneI' distant 1089 feet Easte:ly from said Southwest comer; thence NorJ1erly along the last-desctibed par-.Jlelline to the Nor.h line of said Southeast Quaner; thence Westerly along said NorLhline to the point of beginning. A portion of the East line of the above-described tract is marked by Judicial Landmarks set pursuant to Torre:lS Case No. 16413; an. That pan of the Southeast Quaner of the Northwest Quaner, Section 32, Township 117, Range 23 described as beginning at a point on the South line of said Southeast QuaneI' of the NorJ1west Quaner 313.5 feet East from the Southwest comer of said Southeast QuaneI' of the Northwest QuaneI'; thence East along the South line of said Sout;heast QuaneI' of the Northwest QuaneI' 165 feet; thence NorLh parallel with the West line of said Southeast Quarter of the Northwest QuaneI' 330 feet; thence East parallel with the South line of said Southeast QuaneI' of the Northwest Quanef 264 feet; thence North parallel with the West line of said Southeast Quaner of the Northwest Quarter to the North line of said Southeast Quarter of the Northwest QuaneI'; thence West along said North line 429 feet more or less to its intersection of a line drawn parallel with the West line of said Southeast QuaneI' of the Northwest Quaner from the point of beginning; thence South along said parallel line to the point of beginning ~'"(cept that part thereof described as the West 115 feet of the South 378.78 feet as measured along the Southerly and Westerly line thereof; and - 1 - Exhibit A That part of the Southeast Quarter of the Northwest Quarter of Section 32, Township 117 North, Range 23 West of the 5th Principal Meridian described as follows: Beginning at a point on the South line of said Southeast Quarter of the Northwest Quarter distant 1089.00 feet East from the Southwest comer of said Southeast Quarter of the Nonhwest Quaner; thence westerly, along said South line a distance of 346.50 feet; thence northerly, parallel with the West line of said Southeast Quarter of the Northwest Quarter, a distance of 736.56 feet, to a point distant 628.57 feet southerly from the Nonh line of said Southeast Quarter of the Northwest Quarter, as measured along said parallel line; thence easterly, parallel with said Nonh line, a distance of 346.53 feet to the intersection with a line drawn nonherly parallel with the East line of said Southeast Quarter of the Nonhwest Quarter from the point of beginning; thence southerly along last said parallel line a distance of 730.93 feet to the point of beginning ; . and 4Ilt part of the Southe~st Quarter of the Northwest Quarter of Section 32, Township 117 North, Range 23 West of the 5th Principal Meridian described as follows: Beginning at a point on the south line of said Southeast Quarter of the Northwest Quarter distant 1089.00 feet east from the southwest corner of said. Southeast Quarter of the Northwest Quarter; thence . westerly, along said south line, a distance of 126.50 feet; thence northerly, parallel with the west line of said Southeast Quarter of the Northwest Quarter, a distance of.21S.00 feet; thence westerly, parallel with said south line, a distance of 220.00 feet; thence northerly, parallel with said west line, a distance of 521.56 feet, to a point distant 628.57 feet southerly from the north line of said Southeast Quarter of the Northwest Quarter, as measured along said parallel line; thence Easterly, parallel with. said north line, a distance of 346.53 feet, to the intersection with a line drawn northerly, parallel with the east line of said.Southeast Quarter of the. Northwest Quarter, from the point of beginning; thence southerly, along last said parallel line, a distance of 730.93 feet to the point of beginning. - 2 - . . Dated: July 26, 1993 CER TIFICA TION STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) I, James C. Hurm, duly appointed City Administrator/Clerk of the City of Shorewood, Hennepin County, Minnesota, do hereby certify that the foregoing resolution is a true and correct copy of a resolution adopted by the Council of the City of Shorewood and is so recorded in the minutes of a meeting held on the 26th day of July , 1993. James C. Hurm City Administrator/Clerk ,"-"-"-.'-"-"-"-"-"-"-"-", .. . irF I I ! ..-.. -'. -.. -..-.. -"-" -. - -. -_.. - 00_"-; l' ! , ! I i ! ! 1 i ! ! i i .- .- I I I 1 I'l.AT EQJlIOM;Hf AIOEA ...1 ' I !,\C t'"t f"\. lo-to1 TCO ~L:Ak- ~yGRt::l.NOI OYEl'<FLOW p~ 181 . I I I 1 I I I 1----- ------ [ -- - .!- .1 CSJ. I I I ,-------- . I I I I 1-------- I I 1-------- I 1 IX. piL,.\ ....... I t@t,:w- - -;j:". I.... 1:_.... -;;..L.. ~..- i --.- , MINNEWASt-lT A SITE DIMENSION PLAN c....,.. - CWw.,J. -"'- ..-- Exhibit B . . ! I :1\ ~. ~dU i ~ U~ ',~. 1:= ~~ ! I ~ I -! ~~ ~.I lD . ~lli6d~l J12~i ig ~ (5'- : ~~: I ~ I 10 ,;is - . 1 ~C : L : i I II . I Exhibit C !~ EB~ ~ ~ .....l (L ~ {L <( o en o ~ .....l ill t- en <( t- ::r en <( :3 ill Z z :L t ~ Jgaa.!jj RESOLUTION NO. RESOLUTION APPROVING SUBDMSION AND COMBINATION OF REAL PROPERTY WHEREAS, the Minnetonka Public School District (Applicant) is the owner of certain real properties in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached; and WHEREAS, the Applicant has applied for a subdivision and combination of said properties to form Parcels A and B, legally described in Exhibit B, attached hereto and made a part hereof; and WHEREAS, the subdivision and combination requested by the Applicant complies in all respects with the Shorewood City Code; and WHEREAS, the application was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission, dated . 1 July 1993, which memorandum is on file at City Hall; and WHEREAS, the application and the Planner's memorandum were reviewed by the Planning Commission at a regular meeting held on 6 July 1993, the minutes of which meeting is on file at City Hall; and WHEREAS, the application was considered by the City Council at a regular meeting of the Council held on 26 July 1993, at which time the Planner's Memorandum and the recommendations of the Planning Commission were reviewed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the parcel of property legally described in Exhibit A be subdivided and combined to form Parcels A and B, legally described and shown in Exhibit B. . 2. That the City Clerk furnish the Applicant with a certified copy of this resolution for recording purposes. 3. That the Applicant record this resolution together with the drainage and utility easements shown on Exhibit C, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of July, 1993. Barbara J. Brancel, Mayor A TIEST: ~ ~ 0.... l {.l,n" Lf 1<,,) - 3 James C. Hurm, City Administrator/Clerk . Exhibits A, B and C to be prepared upon completion of legal descriptions . . . Dated: July 26, 1993 CER TIFICA TION STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) . . I, James C. Hurm, duly appointed City Administrator/Clerk of the City of Shorewood, Hennepin County, Minnesota, do hereby certify that the foregoing resolution is a true and correct copy of a resolution adopted by the Council of the City of Shorewood and is so recorded in the minutes of a ITIeeting held on the 26th day of July , 1993. James C. Hurm City Administrator/Clerk ) MAYOR Barb Brancel COUNCIL Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Planning CommissIon, Mayor and City Council FROM: Brad Nielsen . DATE: 1 July 1993 RE: James Hill - Preliminary Plat FILE NO.: 405 (93.18) BACKGROUND Mr. James Robin proposes to subdivide his property at 23420 Park Street (see Site Location map - Exhibit A, attached) into four single-family residential lots (see Exhibit B). The property is located in the R-ID, Single-Family Residential zoning district. . The site is occupied by the applicant's home and two garages and contains 67,340 square feet of area. As can be seen on Exhibit B one of the garages is located only four feet from the Glencoe Road right-of-way. He proposes to divide the property into four lots ranging in size from 13,314 square feet to 24,300 square feet. ISSUES AND ANALYSIS The plat meets or exceeds the requirements of the Shorewood Zoning Code. Following is how it compares with R-ID lot size requirements: Lot Area (sq. ft.): Lot Width (ft.): Lot Depth (ft.): R-ID Requirement 10,000 75 120 LQU. 24,300 123 165 Lot 2 15,840 118 133 Lot 3 . 13,886 115 121 Lot 4 13,314 79 154 The plat as proposed creates a nice transition between lots to the west, which are larger, and lots to the east which are smaller. A Residential Community on Lake Minnetonka's South Shore 4CJ. Re: James Hill Preliminary Plat 1 July 1993 There are some issues which need to be addressed as part of this plat approval: A. Glencoe Road is substandard with respect to right-of-way width. The Code requires 50 feet, 10 feet more than the existing r.o.w. The final plat should dedicate an additional 10 feet on the east side of Glencoe Road. It should be noted that Lots 1 and 2 will still meet or exceed R-1D lot size requirements. '. B. The nonconforming accessory building near Glencoe Road must be removed or moved into the buildable area of Lot 1. If this is not completed by the time the final plat is submitted, the applicant should be required to submit estimates for the cost of removal or relocation. Upon verification of the adequacy of the estimates, he must provide a cash escrow or letter of credit which will guarantee compliance in no more than six months. C. The final plat must include "Block I" and provide drainage and utility easements, 10 feet on each side of each rear and side lot line. D. Sanitary sewer is available to the property, however, lines stop short of directly serving Lot 4. As part of the fmal plat the applicant should demonstrate how Lot 4 will be served. E. . Park dedication fees for the plat will be $2250 ($750 x 3). Credit is allowed for the lot with the ~xisting house on it. . F. Local sanitary sewer access charges will be $3000 ($1000 x 3). Credit is allowed for the lot with the existing house on it. RECOMMENDATION Based upon the preceding it is recommended that the preliminary plat for James Hill.be approved subject to the following: 1. The final plat shall dedicate 10 feet of additional right-of-way for Glencoe Road. 2. The nonconforming garage must be removed or relocated prior to final plat approval. As an alternative the applicant may provide an escrow to guarantee compliance within six months of final plat approval. 3. The final plat must include "Block 1". - 2 - . . Re: James Hill Preliminary Plat 1 July J993 4. Drainage and utility easements must be provided on all lots. 5. The applicant must demonstrate how sanitary sewer service will be provided to Lot 4. 6. Prior to release of a final plat the applicant must pay $2250 in park dedication fees and $3000 in sanitary sewer access charges. 7. A fmal plat ,must be submitted within six months of the Council's approval of the preliminary plat. 8. At the time the final plat is submitted the applicant must provide a title opinion (up- to-date within 30 days) or a title commitment for review by the City Attorney. cc: Jim Hurm Tim Keane Joel Dresel Jim Robin - 3 - (12) LOT 217 tf(l ~ 287.6 . ----,---,..- :~ : ,sa:::: I ~ ICl : :~ (is) , I ( 17) iiJ : ~! I I I I ~------------------ I I I , I :........... 200..........01 I 1 ~~~ I I I I , I \ , 207 " I , , , , I , 7 ('34 ) ~ I I I I I I I I I I I ....... 125.... 420.4 ~ ~ . ..: 200 ... "" .... .... 1'3 (9) .. iii ~~ ~i 208 (50) , I . I . I .... I ............. no. 5...........0-: I I I ,.J ....----...... ~ --- 422.62 g ." 163 ( 2) .... ~ 172 ~~~~ ... .... ~~~ (22) ( 59) 525.5 115. 6 175 215 (38) ,fl": I , , I ",' .., -, , I I I I , 74.7 ~ Qoo:a 212 (14) Q 2g ( 56) ( 55) 203 , I I I I I I I I , I I 1 I : ",'''..., L,...- ...-.... " r"-- I - , I I -, , - I I ......... I I ~ ( 25) .~\o L.et (27) .t", 210 ~ /. ~ ( 26) ( 28) 209 ~---~~~---------- ,.". ~... (29) 2 ~ (31) , ('30 ) .. 220 4(3; 8 I I ~ -: 166 ~ V'l I.' ,., ) 'M, 4/ - ~~:- S\// ~// l:::: .... 'I (3) \~~ Exhibit A / SITE LOCA nON ( James Hill - Preliminary Plat ~~ Go. .,' \.<:1 ~,.~. 1>. .'J"" , __.n:"':i ._~'.. ---------- -. ~ L. ....... ~.>. :..~-- : -.127.6 " : PART ~ TRACT A / , ....,., ;g~ tI1e: ~g zed >- :;d to<: ~ ~ > ~ . . ... L~] L~j ... ! I / J }/ ~// .<t.a.~7 ./ 0' . //S\,O~ ~ ~e\\O 11 . J ~~~ Excelsior City Water Academy Avenue Sanitary Sewer ----~::-=.~ ~- - - -- "'(- -Property Line --- --: .:, --:. - - - ~ - - - - - - - -; - - - - - - -.... / r / 130' - , - _ ,. \ {, ../' " ----'-'.....,~ -',_ .. 115 ..~\.__ , - , ( Fire Hydrant,' " I' - - - __ -,- - -, - - - " I ,'~,' 0 /,.1"'" - '"' _ '- .... '\ 0 . I ,0-, ,M r _----:-,...- .........', I M , I -"..... '\ \ 4 /: /,,,/ /~I // /',/ ("'-_;1- ---- "';\ .~: .// 0 / I 1/,'" . " / I , " /' 0'11" , . I \' '. '. ..& o / I " I I I/'\ \ ,l _ 'N, - - ~ " / ,'L' tl 2' \ \ \ \ ~ I,. L t 3 :.,' q /' r r "C ' , / t I " 0 .- - - '- " '. '. \ '- \. 0 I /' r I' m' ~ : /30>1 I / " /' /' / / '.35'''', 10, \ \~" \\, ,/ /'8,logle Family Residential' O '/...)/ ',/ /' ,-, \. ,\"... fir .. , "',/,/ a: \ " , - - /' :,' /' /' /'," . ~-... " '" -., ' BuUdinQ. Settl!<<:k Lj!1es - /' /' ,,'- r ,I /' ~',,, ./ ,/ ...... '- ...' '... ...... ,.,.,/ ,... v .' -" /' / ,tBuilding Setback Lines ........... '- __ . ' , '..' ',. - _ ._ ,-" :,,:::'-,,'- /" r'- Q) .......1,' ".",' /;, t~ ..... ...... _' ........ ", ..10.........---- _ //"-,,'" / ./ 8 /"". /' / ,..~ - ....... ....... ".............',,(')......... -----""/........./ /' / ;' ,. 1''' ....._................ '" _ __ _ _ __ /"",- /' . '/ " " ,,/ /' 0 ,,/.- - ::.-:;- -- '_ _ _ SublfJvlsln" Lines - -- -.., ---;:-- / .... .- - ,''' _I I // ......,.... r --;. -~_ -_ ... ~ "C:....... ~..............___- ..... _.... -.r _ /' C ' /'1/ /,,"" "'" .................. - ........ -...... --_......----_, -- _- ,,/' I/'/, .,,- lI'lI\ - --. -.. -..-..........." ..... ~.;;- _ ___- CI) , I,' I ~". I I // / ".....~ __.:::--"'........ ""'.... .... __ _..-_.- _-- in' /' , / " " 1 Existing Home-~; '- "," -'::..:--- --::::.:.-/.-",/...._ ~ ...., I I f I I, ) ", '- ___ " . ,- , '"" I I r I / I I , -,. in -003, - - , , I~ I \ t I I I \ \ '\ 'M I 1 I I I \ , ., I \ I . · 1,- \ \ \ I. ' \ \ \ \\+' - ~- --r ~ ~ \0\ 'h~' \ ' \~ \ \ \ . . I. ~lIding ~'~back ~ine1 \ \., "- t \\ . I I I \ " " , --- \ ; ( -"'1 S' I F il- R id t' I ' "~'::-,:I I "'--T' I .t I , !n9 e . am V es en la . \ \~\;f' '~, 'lot J ,>/' . ,-." ..~~\J i\ ~ot 4 I ~ " \ \ \.\ / \ ." 1.....,._ ) I d ~ " ,).,~ \ \" '. \ - - l -- ~ -- -- \ ..:.\........ \ \ ;' , "" '\ ' r'- A.. "" " " \ . ~_ _J '. / ," \ -. ~ " .' I \ 77' _ _'9..02 ~ '-~" ,"\ \ J \ " ~ _ ~.... \. tJ'l", \. \'\ ' - \ \. .. ,'- -........ " \fa ' , \' '.... i / \ ~ \, \, " -... --, -1- 5' Utility Easement (typical) \(.~ \ \,\ '. \ iP ~:.\.. '~ ~:- ...._ _"0 _ -- .... ", "\"',,,""- '-'- .::'';: -108'--:'= =--_-~-;~..:.-: - - __I 75' "_._-"'-~' '-. ~ \" . -....... ....'... ,,-... - - ....- .... ........' \~, ~~ - - ;- =- :: : P!.oe~~Y line - --_ _. -. -- -- -- -- __ \ ~-_._-----:'.:..:~:- --J--~"'\' \ t fJi.4 Park ;Street I ,!) t \ I \ j rf" ~~ , ) I ,.. ~~ --- - -- ..... ~ fJ Single Family Residential Existing topography 2' Contours //........ -&- -- :. --~ North Sanitary Sewer 1" = 50' ... Single Family Residential t-____J Church SUBDIVISION AREAS Exisiting lot Area 67,340 sf Proposed Subdivision lot 1 24,300 sf lot 2 15,840 sf lot 3 13,886 sf lot 4 13,31i4. sf 67,340 sf . .1 hereby certify that this drawing, specification or report was prepared by me and that I am a duly registered Landscape Architect in the State of Minnesota, Registration Number 12207 ~ )rfL-r-- Preliminary/Subdivision for James Robin OWNERS: SUBDIVISION DESIGNER: James and Marilyn Robin James Robin, landscape Architect 23420 Park Street 23420 Park Street .. ShO,ewood, Minnesota Shorewood, Minnesota 55331 55331 - .. f- --.--.---- ! . . RESOLUTION NO._ A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR JAMES HILL WHEREAS, JAMES ROBIN (Applicant) has an interest in certain land within the City of Shorewood, legally described in Exhibit A, attached hereto and made a part hereof, and has applied to the Council for preliminary approval of a plat to be known as James Hill; and WHEREAS, Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in a Memorandum to the Planning Commission and City Council dated 1 July 1993, which Memorandum is on file at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 6 July 1993, for which notice was duly published and all adjacent property owners duly notified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. granted. That Applicant's request for preliminary plat approval of James Hill is hereby 2. That such approval is subject to the recommendations set forth in the City Planner's Memorandum dated 1 July 1993, and the terms and conditions contained in the minutes of the Planning Commission meeting of 6 July 1993 on file at City Hall. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of July, 1993. Barbara Brancel, Mayor ATTEST: James C. Hurm City Administrator/Clerk YkrYl :tf7C!.--~ . . LEGAL DESCRIPTION: "Lots 4 - 9, Block 2, Ball's Addition to Excelsior." Exhibit A RESOLUTION NO. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR TENNIS COURTS AT SILVERWOOD PARK WHEREAS, the Hoisington, Koegler Group, Inc. under contract with the City Council has prepared plans and specifications for tennis courts at Silverwood Park; and WHEREAS, the Hoisington, Koegler Group, Inc. has presented such plans and specifications to the City Council for approval upon the recommendation of the Park Commission. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: . 1. That such plans and specifications, dated July 26, 1993 are hereby approved. . 2. That the City Clerk shall prepare and cause to be inserted in the official newspaper and in "Construction Bulletin" an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for (1) one day, shall specify the work to be done, shall state that bids will be received by the Clerk until 10:00 a.m. on August 18, 1993, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk, will then be tabulated, and will be considered by the Council at 7: 00 p.m. on August 23, 1993 in the Council Chambers, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five per cent (5%) of the amount of such bid. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of July, 1993. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator ::C 1z,rrl =tf;- 5" ADVERTISEMENT FOR BIDS SILVERWOOD PARK TENNIS COURT CITY OF SHOREWOOD, MINNESOTA, IMPROVEMENT PROJECT NO. PK-I-92 Notice is hereby given that sealed bids, in duplicate, will be received in the office of the City Administrator, Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota, 55331 at 10:00 a.m. local time, August 18, 1993, and then publicly opened by the City Adminstrator and Engineer, tabulated and considered by the City Council at their next regular City Council meeting for the construction of a tennis court and path, located within the City of Shorewood, Minnesota, and constructed in accordance with the Plans and Specifications as prepared by Hoisington Koegler Group, Inc., 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota, 55439, and as are on file at the office of the City Administrator of the City of Shorewood. . Bids arriving after the designated time will be returned unopened. All Proposals shall be made on forms attached to and made a part of Contract Documents, or exact copies thereof, and shall be addresed to: CITY OF SHOREWOOD, MINNESOTA -'" and endorsed: SILVERWOOD PARK TENNIS COURT IMPROVEMENT PROJECT No. PK-I-92 , Copies of the Plans and Specifications may be obtained from Hoisington Koegler Group, Inc. on deposit of the sum of Twenty Five Dollars ($25.00), which deposit will be refunded to each bidder upon return of the Plans and Specifications in good condition within ten (10) days after the date set for receiving bids. Additional copies of the Plans and Specifications may be obtained from the Engineer upon payment of Twenty Five Dollars . ($25.00) per set. Each bidder shall submit with his proposal a certified check or bidder's bond made payable to the City of Shorewood in the amount of Five Percent (5%) of the total bid. No bidder may withdraw a bid for at least 30 days after the scheduled closing time for the receipt of bids. The City of Shorewood reserves the right to reject any or all bids and to waive formalities. CITY OF SHOREWOOD BY: Ms. Barb Brancel, Mayor Attest: Mr. Jim Hurm, City Adminstrator Published in: Sun Sailor on August 4, 1993 Construction Bulletin on July 30, 1993 and August 6, 1993 PROPOSAL Silverwood Park Tennis Court Improvement Project No. PK-I-92 City of Shorewood, Minnesota City of Shorewood c/o Mr. Jim Hurm, City Administrator 5755 Country Club Road Shorewood, Minnesota 55331 Date: August 18, 1993 . The undersigned, as bidder, proposes and agrees to furnish all labor, materials, equipment and supplies to completely construct the Silverwood Park Tennis Court Improvements in the City of Shorewood, Minnesota, in accordance with the Plans and Specifications prepared for the work by the Hoisington Koegler Group, Inc. for the following lump sum and unit prices: Item Quantity Unit Unit Price Amount 1. Tennis Court Construction 1 L.S. $ $ '. 2. Common Excavation (P) 185 C.Y. $ $ 3. Bituminous Path Paving 2,265 S.F. $ $ 3. Sodding (P) 600 S.Y. $ $ TOTAL BID AMOUNT $ . ("P" designates "Plan Quantity") A Bid bond or certified check in the amount of at least 5 percent (5%) of the total estimated bid is enclosed herewith as guarantee that if this proposal is accepted, the Bidder, will enter into a contract and furnish a performance bond within ten (10) days after his proposal is accepted, and it is agreed that said bid bond or certified check shall be liquidated damages for Bidder's refusal or inability to contract and furnish bond. In this proposal, if accepted, Bidder agrees to commence work no later than ten (10) days following award and to complete work on or before the dates specified in Paragraph 1.4, Page SC- 1 of the Special Conditions, subject to the provisions of the Contract Documents. It is understood and agreed that this proposal may not be withdrawn within 30 days after bid closing date and that the Owner reserves the right to reject any or all bids and to waive formalities. Silverwood Park Tennis Court Page P-1 . , . Receipt of the following addenda to the specifications is acknowledged. Addendum No. Addendum No. Dated Dated ,19 ,19 If a corporation, what is the state of incorporation? If a partnership, state full name of all co-partners. FIRM NAME By: (An Authorized Signature) TITLE OFFICIAL ADDRESS DATE: , 1993 Silverwood Park Tennis Court Page P-2 ~ g Ul ~~ " '" ~Ol i()o . : ::: C Oc IlA!~ en "0 c+= . . C 3'!!! Z 0 OX I!J C:U 0 N 0 .el1> ",,,, <> U ",0 <> Ell!~ J- C C>- oj 0 :2'5 0 .!;; :; "0 ~gj u 0 Z u 0 E ~ ~ i Ql .0 l1>l1> 'x ! 0 Qj :J -0 e 0 .::.::: , '" QlQ) 0 0. ~ ~ li :l !!!. () .!!! (jc a. ... '- o N E a. m en .. - a.+- c~~ c:s 0 u ",0 0 0.- " 0 C C Z 0 a. u. @ "0 Q) .!.~~ '" a-g-o 0 ~ ~ t 0 e 0lI~.. :J= '" ...... 0." 00 ",CQj C 0 0 Q) ~-aZ en Ol 0'" :s Ol_ .Q :: 0"8i~ on > Z:l; X C ",a. a c.. 'B .- 0 CU:E '- 0 o .; c+- 0 Q) .. 0._ w g Co o",c .9 II) '- o.otl"O en (!) ~C 00_ N > a. .~:i :- Q) =e '08.5 - en_ :Z::~:::E 0 0 z . . . . LOCATION MAP 18 .~ _u-t~.._.. J.~ '- ~~\,,':' 1':W:~!~"'~Ir4~I~' , ~._ ',"<"'\J! .:,' _ I '~~ ~~~'()..J I~~ l\- ~ ~. \. :;/1 ';/- H .':'-1\ - ____J BI"\ '>:'l. '~~~./ ~~rL- . -;~-/~-, ~ :>".lJ~? tm~I~II'~OJECT LOCATION GREENWOCO ~. ~-~ \ c:< ~EfJ / - - :.\, '1\ _ ~ - - ::::t::." .- - --"- kl\. L.J / u_._ , ~<~ ~ ~ KSm7A / m , ~~~~+-~ ---- - --- =~ -C ..~ \ 1~~\'.~~ /~I\\A 1\\ ~II~ 9( ITI :?h . r:r~\\ -- ~~\::~\~\',(\..L '< I. \ \11 : "~.' :'\ , ~.': ~.'-J~J_ ~1111F ~ . ~ ~ 'i~~ f' LC ~ ~ I - _ l~.'~ SllVERWOO,Lll ~~~l\;~. ~ \Y I~L ' ------- ~ ~ ~ ,'/,: ~j)j 111;[\ -:~I D. . ,( . /, ,{4::;. 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A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, THE SEASONS ELDERLY HOUSING PROJECT WHEREAS, a certain petition requesting the improvement of THE SEASONS ELDERLY HOUSING PROJECT, was duly presented to the Council on the 17 day of April. 1993: and WHEREAS, pursuant to resolution of the Council adopted April 12. 1993, a report has been prepared by the City Engineer with reference to the improvement, and this report was received by the Council on June 28. 1993: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SHOREWOOD, MINNESOTA: 1. The Council finds and determines that said petition was signed by all owners of real property abutting upon the improvements named as the location of the improvement. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted June 28. 1993. 3. The City Engineer is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council 26th day of July, 1993. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator f -/0n1 :IP 6 . . JIlL 2- July 1.1993 Maya Barb Brancel and Council City of Shorewood 5755 Country Club Road Excelsia. MN 55331 Your Hona and Council Members: I am writing in response to the recent newsletter artide regarding reconstruction of city streets. As always. I'd like to get my "two cents worth" in. I hope that you are taking into consideration the possibility of expanding the city water system in the future when you consider whether or not to resurface our streets. There are many among us who would not look kindly upon spending the large sums necessary to resurface the city streets, and then tearing them up shortly thereafter to install city water. Unfortunately. it seems that the residents of Shorewood will always be hounded by our shortsighted decision to install only sewer when we had every street in the city torn up. It would be a shame to commit a similar blunder when we are considering rebuilding our streets. I would recommend patching and repairing until a determination is made about the future of city water for all the residents of Shorewood. An additional comment regarding the reason fa our roads not lasting the 40 year namal life span- I don't think our repairlresealing cyde is often enough. I can only remember Brand Cirde being re-done two a three times in 22 years. Thank you fa taking the time to consider this letter. Sincerely. ~4~ Richard W. Dyer II 6070 Brand Cirde Shorewood. MN 55331 (H) 474-7160. (W) 448-4528 J kyn .-;1: 7 A+ktc}I(}\.Q/1r ORDINANCE NO. -93 AN ORDINANCE AMENDING CHAPTER 901 OF THE SHOREWOOD CITY CODE ADOPTING AN ASSESSMENT POLICY FOR STREET RECONSTRUCTION THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. Section 901.04 is renumbered as Section 901.05. Section 2. Chapter 901 of the Shorewood City Code is hereby amended by adding the following: SECTION 901.04 - STREET ASSESSMENT POLICY Subd. 1 - SCOPE AND PURPOSE . This policy is intended to provide a fair, equitable, and consistent means of allocating the cost of street reconstruction improvements to existing streets. This policy does not apply to new construction nor to maintenance functions which are defined as patching, seal coating and overlay. Street reconstruction is considered to be any street improvement over and above these maintenance functions. Subd. 2 - DEFINITIONS b. a. Adjusted Front Footage: A method for determining the average front footage for odd-shaped lots which would be equivalent to the footage of a rectangular shaped lot of the same area and depth. Building Site: An area of land on which a building exists or an area of land meeting city code requirements on which a building could be constructed. . c. Construction Cost: Amount paid to contractors for constructing th~ improvements. d. Construction Interest: Cost of financing the improvements from the time the project is initiated until the assessment roll is approved by the City Council, less any interest earned on invested funds. The interest rate will be at the expected assessment rate. e. Equivalent Residential Units: Equivalent residential units are the number of assessment units into which a large or unplatted parcel of land, which abuts a City functionally classified collector or arterial street, is divided in order to determine an assessment rate. The number of equivalent residential units is determined by dividing the adjusted front footage of the parcel by the average street footage of the project. .r. k'n~ * / B f. Front Footage: The shortest dimensions of existing or potential sites abutting the streets. g. Lot: Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this zoning regulation having not less than the minimum area required by this Zoning Ordinance for a building site in the district in which such lot is situated and having its principal frontage on a street, or a proposed street approved by the Council. h. Lot: Corner: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty-five degrees (1350) or less. i. proiect Cost (Total Cost of Improvements): All construction costs, plus costs for administration, engineering, legal, fiscal, easement acquisition assessing, and any project related work previously done but not assessed. . j. Residential Unit: A residential unit is a platted single family residential lot which, in accordance with the City of Shorewood's zoning and subdivision regulation, cannot be further subdivided. k. Side footage: The longest dimension of existing or potential corner building sites abutting the street. Subd. 3 - SPECIAL ASSESSMENTS a. Benefit Principle Special assessments, as authorized by Minnesota State . Law, Chapter 429, may be levied only upon property receiving a special benefit from the improvement. In Minnesota, the Constitution and courts apply this general rule by placing the following limitations upon the power to levy special assessments: 1) the rate must be uniform and consistent upon all property receiving special benefit; 2) the assessment must be confined to property specially benefitted; and 3) the amount of the assessment must not exceed the special benefit. The special assessment is a financial tool employed by the City of Shorewood as a means of allocating the costs of specific improvement projects to the benefitted properties and spreading those costs over a number of years as specified by the City Council. 2. Special assessments are billed to the property owner along with real estate taxes. There is, however, a distinct difference between taxes and special assessments. Real estate taxes are a function of the real estate value as determined by the municipal assessor, while special assessments are a direct function of the enhancement of value or the benefit which a specific improvement gives to the property. b. Consistent & Eauitable Once an improvement project is initiated and it is determined that the improvements are necessary and desirable, the special assessment procedure is intended to equitably and consistently allocate and levy the cost of specific improvements to the benefitted properties. . The City must recover the appropriate portion of the expense of installing public improvements, if undertaken, while ensuring that each parcel pays its fair share of the project cost in accordance with these assessment guidelines. This policy sets forth the general assessment methods and policies to be utilized by the City Administrator and City Engineer when preparing assessment rolls for approval by the City Council so as to assure uniform and consistent treatment to the various properties from year to year. The following policy is general in nature, and that certain circumstances may justify deviations from stated policy as determined by the City Council. Subd. 4 - SPECIAL ASSESSMENT PROCEDURE . A flow chart on the Shorewood Public Improvement Process for Special Assessment projects giving a detailed explanation of the process is shown on the next page. a. Initiatinq the Proceedings Improvement proceedings may be initiated in anyone (1) of the following three (3) ways: 1. By a petition signed by the owners of not less than thirty-five percent (35~) of the frontage of the real property abutting on the streets named as the location of the improvement; 2. By a petition signed by 100~ of the owners of real property abutting any street named as the location of the improvement. Upon receipt of a petition of 100~ of the abutting property owners, the City Council must determine that it has been signed by 100~of the owners of the affected property. After 3. making this determination, a feasibility report shall be undertaken and the project may be ordered without a public hearing; or 3. By the initiative of the City Council. petitions for improvement shall be referred for Administrative report and estimated budget. A simple majority vote of the City Council is needed to start the proceedings. Whether initiating the proceedings or accepting a petition requesting such proceedings, the City Council may simultaneously order a feasibility report on the proposed improvement. Feasibility reports shall be paid for by the City in the case of street reconstruction projects and recouped once the project is completed under the terms of this policy. b. Preparing the Feasibilitv Study An improvement project which is initiated by action of . the City Councilor by a 35% petition may be ordered only after a public hearing. Prior to adopting a resolution calling a public hearing on an improvement, the Council must secure from the City Engineer a report advising it in a preliminary way as to: 1. Whether the proposed improvement is feasible; 2. Whether the proposed improvement is consistent with Capital Improvement Planning; 3. Whether the improvement should be made as proposed or in connection with some other improvement; 4. The estimated cost of the improvement; 5. A proposed project schedule; and . 6. Any other information thought pertinent and necessary for complete Council consideration. c. Holding a Public Hearing on the Improvement Improvement projects which are initiated by a 100% petition may be ordered by the City Council without a public hearing if the City Council determines the project may be undertaken without unreasonable changes to the Capital Improvement Finance Plan or the petitioning property owners agree to pay 100% of the cost of the improvements. In the case of a Council-initiated project or petition of less than 100% of abutting property owners, the Council must adopt a resolution calling a public hearing 4. . . on the improvement project for which mailed and published notices of the hearing must be given. The notice of public hearing must include the following information: 1) The time and place of hearing; 2) The general nature of the improvements; 3) The estimated cost; and 4) The area proposed to be assessed. Not less than ten (10) days before the hearing, the notice of hearing must be mailed to the owner of each parcel in the area proposed to be assessed. The notice of public hearing must be published in the City's legal newspaper at least twice, each publication being at least one week apart, with the last publication at least three (3) days prior to the hearing. At the public hearing, the contents of the feasibility study will be presented and discussed with the intent of giving all interested parties an opportunity to be heard and their views expressed. d. Ordering the Improvement and Ordering Preparation of Plans & Specifications Following a public hearing a resolution ordering the improvement may be adopted at any time within six (6) months after the date of the hearing by a four-fifths (4/5) vote of the City Council, unless the petition was initiated by a 35% petition in which event it may be adopted by a majority vote. The resolution may reduce, but not increase, the extent of the improvement as stated in the notice. At this time a special assessment is considered to be "pending" for all assessable properties in the improvement area. After the order of an improvement project, the City Council must order the preparation of plans and specifications which may be included as part of the resolution ordering the improvements. When the Council determines to make any improvement, it shall let the contract for all or part of the work, or order all or part of the work done by day labor, no later than one (1) year after the adoption of the resolution ordering such improvement unless a different time limit is specifically stated in the resolution ordering the improvement. 5. e. Advertisinq for Bids If the estimated cost of the improvement exceeds $25,000, bids must be advertised for in the legal newspaper and such other papers and for such length of time as the City Council deems desirable. If the estimated cost of the improvement exceeds $100,000, the advertisement must be in a paper published in a first class city, or in a trade paper not less than three (3) weeks before the last date for submission of bids. The notice must contain the following information: 1. The work to be done; 2. The time when bids will be publicly opened, which must be not less than ten (10) days after the first publication of the advertisement when the cost is less than $100,000, and not less that three (3) weeks after publications in all other cases, and 3. A statement that no bids will be considered unless they are sealed and accompanied by cash, a cashier's check, bid bond or certified check for such percentage of the bid as specified by the City Council. . f. Awarding Contracts Following receipt of the bids, the City Council must either: 1. Award the contract to the lowest responsible bidder; or 2. Reject all bids. The contact must be awarded no later than one (1) year . after the adoption of the resolution ordering the improvement unless that resolution specifies a different time limit. The City Council may purchase the materials and order 'the work done by day labor or in any manner it deems proper if: 1. The initial cost of the entire work does not exceed $25,000; 2. No bid is submitted after advertisement; or 3. The only bids are higher than the engineer's estimate. 6 . g.' Preoarinq Prooosed Assessment Roll . h. After the expenses incurred or to be incurred in the completion on an improvement have been calculated as defined in Section VI-C Project Costs, the City Council must determine the amount it will pay and the amount to be specially assessed. The City Engineer and Administrator/Clerk must calculate the amount to be specially assessed against every parcel of land benefitted by the improvement. The area to be assessed may be less than, but not more than, the area proposed to be assessed as stated in the notice of public hearing on the improvement. The assessment roll should contain a description of each parcel of property and the assessment amount including any deferred assessments. The assessment roll must be filed with the City Administrator/Clerk and be available for public inspection. Holding Public Hearing on Pro~osed Assessments A public hearing on the special assessments must be held following published and mailed notice thereof. The notice of the assessment public hearing must include the following information: 1. 2 . 3. 4. 5. . 6. 7. The date, time and place of the meeting; The general nature of the improvement; The area proposed to be assessed; The total amount of the proposed assessment; That the assessment roll is on file with the Clerk; That written or oral objections will be considered; That no appeal may be taken as to the amount of assessments unless a written objection signed by the affected property owner is filed with the City Clerk prior to the hearing or presented to the presiding officer at the hearing; and 8. That the owner may appeal the assessment to the district court by serving notice on the Mayor or City Clerk within three (3) working days after the adoption of the assessment and filing notice with the court within ten (10) days after such appeal to the Mayor or the City Clerk. The notice of the assessment hearing must be published in the legal newspaper at least once, not less than two (2) weeks prior to the hearing. 7. The City Clerk must mail notice of the assessment hearing to the owner of each parcel described in the assessment roll at least two (2) weeks prior to the hearing. The mailed notice must also include, in addition to the information required to be in the published notice, the following information: 1. The amount to be specially assessed against that particular lot, piece or parcel of land; 2. The right of the property owner to prepay the entire assessment and the person to whom prepayments must be made; 3. Whether partial prepayment of the assessment has been authorized by ordinance; 4. The time within which prepayment may be made without the assessment of interest; and s. . The rate of interest to accrue if the assessment is not prepaid within the required time period. i. Adopting the Assessments At the assessment hearing or at any adjournment thereof, the City Council may adopt the assessments as proposed or adopt the assessments with amendments. If the adopted assessment differs from the proposed assessment, the clerk must mail the owner a notice stating the amount of the adopted assessment. The adopted assessment roll shall include any and all deferments on large or unplatted parcels of land along the City's street system. j . Transmittinq Assessment to County Auditor . After the adoption of the assessment, the City Clerk must transmit a certified duplicate copy of the assessment roll, including all deferred equivalent residential units, to the County Auditor. Subd. 5 - SPECIAL ASSESSMENT POLICIES It is the policy of the City of Shorewood that all properties shall pay their fair share of the cost of local improvements as they benefit. It is not intended that any property shall receive the benefits of improvements without paying for them. These policies relate to street reconstruction projects. a. Establishing an Annual Rate An annual assessment rate shall be established by the end of February by City Council Resolution upon 8. recommendation of the City Engineer. The City Engineer shall undertake a study to determine the per foot project cost of a "typical" 24 foot, rural cross section street (with no curb and gutter), in the metropolitan area, adjusted for typical Shorewood soil conditions (see following page). When determining an annual rate with construction costs of the previous construction season the construction cost index as published by the "Engineering News Record" or consumer price index may be used. When the City determines that a street should be reconstructed it would be rebuilt to its current width. Current width could be adjusted by the City Council upon request of the property owners or by the Council following public hearing if traffic counts or safety considerations suggest wider street is warranted. b. Assessable Street Reconstruction Projects . Street reconstruction projects are not likely to require the same amount of work throughout the entire length of the project. That is, some sections may need to be fully excavated and back-filled while other sections may need simple reshaping. It is the policy of the city that a project is assessable when its aggregate cost is estimated to be at least 150% of a simple 2 inch overlay project. Project Costs c. Project cost shall include, but not be limited to, the following: 1. Total Construction cost including intersections . 2 . Engineering fees 3. Administrative fees 4. Right-of-way/easement acquisition/condemnation costs 5. Legal fees 6. Fiscal Fees 7. Capitalized interest d. Term of Assessment Assessments for street reconstruction should be assessed for a ten (10) year period unless the City Council determines that some other period of time is more appropriate. 9 . e. Government Owned Properties Properties belonging to government jurisdictions, including the City, will be assessed the same as privately owned property. f. Non-developable Land Special Assessments shall not be levied on properties deemed unbuildable due to the existence of undeveloped lands lying wholly and completely within zoned wetlands, flood plains, DNR protected wetlands and/or having restricted soils as determined by the City Building Inspector. However, all parcels of land are assumed to be buildable until proven otherwise by the owner. g. Interest Rate The interest rate charged on assessments for all projects financed by debt issuance shall not exceed two . percent (2%) of the net interest rate of the bond issue. This is necessary in order to insure adequate cash flow when the City is unable to reinvest assessment prepaYments at an interest rate sufficient to meet the interest cost of debt or when the City experiences problems of paYment collection delinquencies. In the event no bonds are issued then the rate of interest on assessments shall not exceed two (2) percent greater than the average rate of interest on all bonds issued in the previous calendar year or the current market municipal bond rate. Interest on initial special assessment installments shall begin to accrue from the date of the resolution adopting the assessment. Owners must be notified by mail of any changes adopted by the City Council regarding interest rates or prepaYment requirements which differ from those contained in the notice of the proposed assessment. . h. PaYment Procedures The property owner has four available options when considering paYment of assessments: 1. Tax PaYment - If no action is undertaken by the property owner, then special assessment installments will appear annually on the individual's property tax statement for the duration of the assessment term. 2. Full PaYment - No interest will be charged if the entire assessment is paid within 30 days of the date of adoption of the assessment roll. In the initial year, the property owner may at any time between that date and November 15, prepay the 10. balance of the assessment with interest accrued to December 31 of that year. 3. Partial Payment - 'The property owner has a one-time opportunity to make a partial payment reduction of any amount against his@her assessment. This option may only be exercised within the 30-day period immediately following adoption of the assessment roll. 4. . Prepayment - The property owner may, with the exception of the current year's installment of principal and interest, pay the remaining assessment balance at any time, prior to November 15 without further interest charges. Thereafter, the next installment, with interest through December 31 of the following year, will be levied for collection with the real estate taxes payable the ensuing year. The principal balance will be reduced by the amount of the installment. i. Appeal Procedures No appeal may be taken as to the amount of any assessment adopted unless a written objection signed by the affected property owner is filed. with the City Administrator's office prior to the assessment hearing or presented to the presiding officer at the hearing. The property owner may appeal an assessment to District Court by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment and filing such notice with the District Court within 10 days after service of the appeal upon the Mayor or City Administrator. . j . Reapportionment Upon Land Division When a tract of land against which a special assessment has been levied is subsequently divided or subdivided by plat or otherwise, the City Council may, on application of the owner of any part of the tract or on its own motion, equitably apportion among the various lots or parcels in the tract all the installments of the assessment against the tract remaining unpaid and not then due if it determines that such apportionment will not materially impair collection of the unpaid balance of the original assessment against the tract. The City Council may require furnishing of a satisfactory surety bond in certain cases as specified in Minnesota Statutes Section 429.071, subd. 3. Notice of the apportionment and of the right to appeal shall be mailed to or personally served upon all owners of any part of the tract. In most cases, dividing the assessment balance evenly on a unit or lot basis would result in an 11. equitable apportionment. If equitable in a particular case, such a procedure would be most practical and administratively effective. Subd. 6 - ASSESSMENT METHOD Once an assessment rate has been established for the year, that rate will be utilized for each project, no matter the width, design, or type of street being reconstructed. The City Council may utilize one of two methods of assessment for each project, "unit" or "front foot." The City Engineer shall recommend the method and prepare the proposed assessment roll based upon which method results in the most fair and equitable assessment roll for that project. The unit method is to be utilized when the front footage of the assessable properties are of relatively equal length or the benefit to the properties is similar. The front footage method is to be utilized when there is a significant differential in the front footage, or benefit, of the assessable properties. a. Unit Method . The unit method of assessment is most commonly used when the benefitting properties are of similar benetit, but not necessarily similar geometry. For instance, road reconstruction along a particular road will likely benefit the several properties on a private drive as much as it benefits those properties directly abutting the road being improved. In such a case, simply assessing the abutting front footage would not be equitable. A unit assessment shall be derived according to the following formula: Annual assessment rate X project length X 0.33 / number . of assessable units. The number of assessment units assigned to each parcel of land within the assessmen~ area shall be equal to the maximum number of potential lots which could be possible on that parcel as determined by the City Planner. A lot shall be defined in accordance with the City'S Zoning Ordinance. Corner lots shall typically have one-half (0.5) of its assessable units applied to each street. However, the entire number of assessable units can be assessed in conjunction with the street improvement project done first. This approach would normally be taken where a single lot derives a majority of benefit from the reconstruction of the first project due to lot, driveway, and home location. 12. . b. Front Footage Method The actual physical dimensions of a parcel abutting a street reconstruction project shall NOT be construed as the frontage utilized to calculate the assessment for a particular parcel. Rather, an "adjusted front footage" will be determined. The front footage assessment rate shall be derived according to the following formula: . Annual assessment rate X project length X .33 / total adjusted front footage. The purpose of this method is to equalize assessment calculations for lots of similar size. Individual parcels by their very nature differ considerably in shape and area. The following procedures will apply when calculating adjusted front footage. The selection of the appropriate procedure will be determined by the specific configuration of the parcel. All measurements will be scaled from available plat and section maps and will be rounded down to the nearest foot dimension with any excess fraction deleted. Categorical type descriptions are as follows: 1. Standard Lots 6. Irregularly Shaped Lots 2. Rectangular Variation Lots 7. Corner Lots 3. Triangular Lots 8 . Flag Lots and Back Lots 4. Cul-de-sac Lots 9. Double Frontage Lots 5. Curved Lots . The ultimate objective of these procedures is to arrive at a fair and equitable distribution of cost whereby consideration is given to lot size and all parcels are comparably assessed. 13. Subd. 7 - DEFERRED ASSESSMENTS a. The City Council may defer Special Assessments: 1. On portions of large tracts of land as allowed in this chapter so as to minimize the influence of the proposed improvement on the development of said land. 2. On homestead property owned by a person who qualifies under the hardship criteria set forth below. b. Procedure The property owner shall make application for deferred payment of special assessments on a form prescribed by the Hennepin County Auditor and supplemented by the Shorewood City Administrator. The application shall be made within 30 days after the adoption of the assessment . roll by the City Council and shall be renewed each year upon the filing of a similar application no later than September 30. The City Administrator shall establish a case number for each application; review the application for complete information and details and make a recommendation to the City Council to either approve or disapprove the application for deferment. The City Council by majority vote, shall either grant or deny the deferment and if the deferment is granted, the City Council may require the payment of interest due each year. Renewal applications will be approved by the City Administrator for those cases whereby the original conditions for qualifications remain substantially unchanged. If the City Council grants the deferment, the City Administrator sham notify the County Auditor who shall . in accordance with Minnesota Statutes, Section 435.194, record a notice of the deferment with the County Recorder setting forth the amount of assessment. Interest shall be charged on any assessment deferred pursuant to this Section at a rate equal to the rate charged on other assessments for the particular public improvement projects the assessment is financing. If the City Council grants an assessment deferral to an applicant, the interest may also be deferred, or the interest may be due and payable on a yearly basis up until the assessment period terminates and only the principal is deferred. The decision as to whether the principal and interest or just the principal is deferred is decided by the City Council when considering the application. 14. . . 1. Large Tracts of Land Upon application, the City Council may defer the assessments on large tracts of land that may be subdivided or developed in the future. It is the intent of this policy to grant deferments of special assessments to large tracts so as to minimize the influence of the proposed improvement on the premature development of said land. The deferment granted pursuant to this section may be of indefinite duration subject to the occurrence of: o The subdivision of the property resulting in the creation of a new, buildable lot o If the City Council determines there is no continuing need for the deferment 2 . Conditions of Hardship a) Any applicant must be 65 years of age, or older, or retired by reason of permanent and/or total disability and must own a legal or equitable interest in the property applied for which must be the homestead of the applicant, or b) The annual gross income of the applicant shall not be in excess of the very low income limits (50% of median) asset forth by family size in Hennepin County's Section Eight guidelines. Calculation of the total family income shall be determined by the summation of all available income sources of the applicant and spouse. Income specified in the application should be the income of the year proceeding the year in which the application is made, or the average income of the three years prior to the year in which the application is made, whichever is less, and, c) The special assessments to be deferred exceed $1,000.00. d) Permanent and/or total disability shall be determined by using the criteria established for "permanent and total disability" for Workman's Compensation, to wit: 1) The total and permanent loss of the sight of both eyes. 2) The loss of both arms at the shoulder. 15. 3) The loss of both legs so close to the hips that no effective artificial members can be used. 4) Complete and permanent paralysis. 5) Total and permanent loss of mental faculties. 6) Any other injury which totally incapacitates the owner from working at an occupation which brings him/her an income. An applicant must substantiate the retirement by reason of permanent and/or total disability by providing a sworn affidavit by a licensed medical doctor attesting that the applicant is unable to be gainfully employed because of a permanent and/or total disability. . Section 3. This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this day of , 1993. Barbara Brancel, Mayor ATTEST: . James C. Hurm, City Administrator/Clerk TJK:AK5 16. . . CITY OF SHOREWOOD OFFICIAL SUMMARY OF ORDINANCE NO. -93 The following is the official summary of Ordinance No. ____-93, approved by the City Council of the City of Shorewood, Minnesota, on July __, 1993: Ordinance No. ____-93 AN ORDINANCE OF THE CITY OF SHOREWOOD, MINNESOTA, ESTABLISHING SECTION 901.04 OF THE CITY CODE OF ORDINANCES RELATING TO ADOPTING PROCEDURES AND POLICIES FOR ASSESSING THE COST OF STREET RECONSTRUCTION IMPROVEMENTS TO EXISTING STREETS. The Ordinance is intended to provide a fair, equitable, and consistent means of allocating the cost of street reconstruction improvements to existing streets. Street reconstruction is any street improvement over and above general maintenance functions as defined in the Ordinance. The Ordinance establishes definitions including but not limited to equivalent residential units, front footage, lot, project cost, residential unit and side footage. The Ordinance provides special assessment procedures including the process for initiating proceedings, improvement hearings, awarding of contracts, public hearings on proposed assessments, and adoption of assessment rolls. The Ordinance sets forth policies establishing an annual rate for assessments, inclusion of project costs, terms of assessments, interest rates, payment procedures, appeal procedures, reapportionment procedures and specific methods for assessment formulas. The Ordinance further establishes procedures for deferring assessments for large tracts of land, hardship for the elderly, disabled persons or low income. A printed copy of the Ordinance is available for inspection by any person at the Office of the City Clerk and at the Excelsior Library. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator - -------- ------ . . 0 >., ~ '0 III -IJ ..., .!:< III III ".; >., 01 .!:< ~ ..., C ".; (lJ If1 ...,....., ~....., .!:< .s:: 'O~ I.i~ ".; () '0 ..., (lJ (lJ ~..., E"" -IJ .Q REVIEW 01' czn OPJBCTIVBS .s:: C If1c 0 '0 () C".; ..., ".; C....., ..., POR THE YEAR 1993 If1 ::J C7'I ::J (lJ 01'0 C'O OJC7'I 0 I.i (lJ (lJ ".; (lJ ".;..., .s:: .Q tJ C71.s:: III OJ DATE: Julv 1993 (lJ (lJ () C (lJ :> OJ If1 .Q If1 :>".; ".; :> -IJ If1 III (lJ"'; ".; () .s::1.i Ol.itf-IJ -IJ (lJ (lJ -IJ (lJ (lJ 0 "r-, .!:<.Q .!:< (lJ "r-, e (lJ 8 l.I l.I.Q.Q (lJ "r-, &0 00 O.Q .Q -IJ ~..., 0 Mayor << Council: Televise all City Council meetings X Inform citizens through quarterly City X newsletters Enhance intergovernmental relations & X cooperation by supporting "Optimum" study Support an effort to establish senior housing X within the City Undertake a meaningful goal setting session X during the first 60 days of 1993 Administrator: Develop and implement a citizen survey to X annually measure service satisfaction (customer satisfaction audit) Update comparable worth pay plan* X Provide an orientation session for Council X and Commission members Begin negotiations for a 1994-95 AFSCME X agreement Take a leadership role in intergovernmental X cooperative efforts in the Lake Minnetonka area Implement a process to quarterly review City X objectives , Introduce a merit element to the City's pay X plan system* Coordinate implementation of Senior Task X Force recommendations Monitor the cost of engineering services and X update recommendations for a City Engineer position :r: * nnp~ nnT. nppn t:n be done until 1004 ~ . . kfil 9(3 1 . . >. 0 >. -I '0 41 ./.J -I .:.: 41 41 .00/ >. 01 .:.: -I -I C ...., 41 111 -I,." c.a,." .:.: .:::: 0 0\ l.4g: ...., '00\ -I 41 '0 C-I 41-1 ..0 41 111 ./.J ./.J .:::: ~ Il1C 0 '0 0 - C,." -I C.oo/ -1.00/ 111 &'0 C'O 112~ ::J 41 0 l.4 41 41 .00/ 41 ""'-1 .:::: ..0 -g 01.:::: 41 Il) 41 41 0 C 41 :> 112111..0111 :>.00/ :> ...., 111 41 1!I'.oJ ...., ./.J .:::: l.4 0 l.4 ./.J./.J ./.J o ./.J 041 0 41 41 41 e .,..., ':':..0 .:.: 41 .,..., 41 ..0 l.4 l.4..o..o 41 .,..., o &0 000..0 ..0 ./.J 3:::.j.J 0 General Government; : Fully implement computerized Clerks index X relating to minutes of Council proceedings and other records Maintain an up-to-date microfilm history of X City records Have City Code books updated twice annually X Complete City Clerk certification Program X (Deputy Clerk) Finance: Implement new budget format and enhance for X 1994 budget year Prepare CAFR for submittal to GFOA X Certificate of Excellence Program Implement new chart of accounts Provide monthly reports to staff, quarterly X reports to Council Invest available City funds in accordance X with state statutes to maintain the safety and liquidity of funds and achieve the highest reasonable return Investigate alternative financing sources to X reduce percentage of property taxes to total revenue Professional Services: Contain costs on contracted professional X services Planning & Zoning: Update the City Comprehensive Plan X Update the City Subdivision Ordinance X Enhance administrative procedures X Start an elderly housing project X Complete the automation of property records X Resolution of Rental Housing Code X 2 Ii f :/; -i "" c.<s ..:r: - 0'\ ;: -..., I.J '0 0'\ l.4 0'\ -I aI -g ~'""'/ J""I.l.J .0 .c: C tl:Ic 0 '0 ~ g"" -i_..., c;: -; aI c:n '0 Coo 0.0'\ 0 l.4 aI aI -..., aI ...., '""'/ .c: .Q.c: c:n _ /D aI I.J alQ ale aI ~ 0:.Qtl:I _~-..., > .l.J <l1 l.4 0 aI .l.J.l.J .... o.c: .l.Jl.40al.l.J aI aI alE; 0 -,..., ..:r:.Q ..:r:aI -,..., aI .0 l.4 l.4.Q.QaI"'" o ~o 000.0 "8 .j.J 3:.l.J . Municipal Building - Ci~y Hall: Paint entryway area and other office area, X where necessary Purchase and install cabinet doors for office service counters X Pro~ec~ive Inspec~ion: Increase and enhance public information through the development of at least two handouts relative to building codes Draft an article for each newsletter Explore joint inspection possibilities with adjoining communities Computerize building permits and permit tracking X X X X . Ci~y Engineer: Keep construction project files up to date and accurate Provide construction budgets for capital improvement programming and budgeting Communicate in written form to affected residents at least two (2) times during a construction project Keep change orders at less than 5% of original contract amount X X X X Public Works Service: Perform preventative maintenance on all X equipment within 100 miles or 10 hours of scheduled service Have City personnel perform 90% of City X building repairs ad preventative maintenance 3 . streets & Roadways: Develop a pavement management system in scheduling of street projects Paid crosswalks and lane markings at half the existing locations each year - creating a 2- year cycle (heavily traveled streets annually) Sweep each City street at least once annually X Mow roadsides at least twice annually X Mow boulevards at least 6 times annually X Visually inspect storm drainage grates X annually and repair as needed I>" 0 t '0 .-j >., IV .J.J IV ..... ~ 01 IV .-/ >.. C ~ .-j .-j ra ... IV .c ....."., 1(1"., ~ CJ 01 ,.,~ ... 'C'OI .-j Q/ '0 C"" IV..., ,Q IV ra .J.J .J.J '0 .c c: rac: 0 c:"., .-j CJ C'" .-j .-/ :::s ra :::s 01 0 IV 01 '0 C '0 lD 01 .c ,., IV Q/ .-/ Q/ .-/ ..... lD IV ,Q -g g'-g IV c: IV > ra ,Q ra >.-/ > ... lDQ/ ... .-/ .J.J ra,., 0 ~ .j.J.J.J .j.J CJ .c .j.J CJIV CJ IV ~IV Q/.~S Q/ .,.., ,.,,Q iJ,Q,QQ/ .... ,Q ,Q 0 00 OO/O,Q 0 3:.J.J 3:.LJ to aid X X . Snow & Ice Removal: Remove snow and ice and complete salt/sand X operations within 12 hours after the end of a snow event Complete widening and clean up functions X within 48 hours of a snow event sanitation/Waste Rmv/Weeds: Resolve all property cleanup complaints Resolve 100% of weed complaints X X Tree Maintenance: Remove 100% of diseased trees on public X property Respond to all property owner requests to X identify diseased trees Maintain and trim trees on city property X which present a hazard to public 4 .. Parks & Recreation: Resurface the Equivalent of one tennis court per year Build inventory of and' replace 5 picnic tables per year Plant at least 10 trees per year Identify excess park lands, if any, which may X be sold and reinvested in park development continue improvement of Silverwood Park Fully implement Park Capital Improvement Program by successfully undertaking a bond referendum Water: Supply a safe, clean uninterrupted source of water to all connections . study the feasibility of decommissioning Badger and Woodhaven wells Explore possibility of interconnecting with other communities Sanitary Sewer: Work with MWCC to correct inflow and infiltration into the sanitary sewer system Work with MWCC to reduce sewage treatment costs to the City Recycling: Continue weekly pickup of recyclable materials Increase program participation through use of incentives Hold Curbside pickup of household and yard wastes in the Spring of the year Provide a leaf and yard waste disposal site in Fall of the year 5 I ~ i 0 1'0 >. ll1 ..., ll1 J I~ ~ ! ... ll1.c ..,,..., ~,..., ~ (J 0\ 0\'" -:::10\ J.,O\'" ll1 g ~... 2'"1..., ~ C <l1 c: 0 fg = '"i''' '.. C ~ '5 llJ c;.'O C:'Oj CIlO\ .c J., llJllJ...llJ...... CD ll1 .0 g g'gll1 c: ll1 ;. OlI!1.Q<l1 .;:... ;. ;:: 1!1~ ofll...,..., ;:: (J j.c .j.J'" (J ll1 (J ll1 ~ ll1 llJ .~e ll1 E' J.,.Q ~.Q.Q ll1! E'/ o gl1 gB 0.0,0 X X X X X X X X x X X X X CK NO. CHECK APPROVAL LISTING FOR JULY 26, 1993 COUNCIL MEETING TO WHOM ISSUED CHECKS ISSUED SINCE JULY 7, 1993 11842 (G) 11843 (G) 11844 11845 (G) 11846 (G) 11847 (G) 11848 (G) 11849 (G) 11850 (G) 11851 (G) 11852 (G) 11853 (G) 11854 .1855 (G) 1856 (G) 11857 (G) 11858 (G) 11859 (G) 11860 (G) 11861 (G) 11862 (G) 11863 (G) 11864 (G) 11865 (G) 11866 (G) 11867 (G) 11868 (G) 11869 (G) 11870 (G) M1871 (G) "'1872 (G) 11873 (G) 11874 (G) 11875 (G) 11876 (L) 11877 (L) 11878 11879 (L) 11880 (L) 11881 (L) 11882 (L) 11883 (L) 11884 (L) 11885 (L) 11886 (L) 11887 (L) 11888 (L) 11889 (L) National Camera Exchange Bulb/overhead projector Alan J. Rolek Sec 125/milege Void Pera 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 First State Bank Commiss of Revenue ICMA Retirement Trust City Cty.Credit Union AFSCME Local #224 Child Support/Collectn Anoka cty Support/Collec American Planning Assoc. Wendy Davis FBS-Investors Svcs, Inc. Patricia Helgesen Metro Waste Control Mn GFOA Mn Commerce Dept Bradley Nielsen Northern States Power Northern States Power Joseph Pazandak US West WMI Svcs of Mn Mr. Donald J. Studer Bellboy Corporation Boyd Houser Candy/Tobac Void Day Distributing East Side Beverage Co. Griggs, Cooper and Co. Hoops Trucking Johnson Brothers Liquor Mark VII Mn Bar Supply Mn Crown.Distributing Natl .Guardian Security North Star Ice Pepsi Cola Company CONTINUED NEXT PAGE PURPOSE Emp'ee addtl life ins July health insurance July health insurance July health insurance July dental insurance July disability insurance July life insurance July delta dental Sec 125 reimbursement Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Planning books Sec 125 reimbursement Return of interest Sec 125 reimbursement June SAC charges Conf registration-Rolek Notary pUblic-T Naab Sec 125 reimbursement Street light utilities Utilities Mileage Telephone svcs Waste removal Recycle bin refund Liquor purchases Misc and supplies purch Beer purchases Beer and misc purchases Liquor,wine,misc purch Liquor and wine purchases Liquor and wine purchases Beer and misc purchases Misc and supplies purch Wine purchases Security system Misc purchases Misc purchases -1- AMOUNT 28.53 221.13 42.00 1,021.40 4,626.92 1,192.44 454.59 85.50 50.15 224.00 35.00 6,142.59 1,012.84 641. 57 320.00 134.40 92.50 .126.50 65.95 140.00 4,018.50 565.00 8,167.50 150.00 40.00 240.00 1,991.47 2,577.05 83.27 153.02 227.00 8.00 2,963.19 2,378.68 2,850.02 13,293~30 9,133.68 . 425.60 5,284.15 7,479.54 474.60 204.05 315.48 265.92 314.70 CHECK APPROVAL LISTING FOR JULY 26, 1993 COUNCIL MEETING CK NO TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE JULY 7. 1993 (continued) 11890 (L) Ed Phillips and Sons Liquor,wine,misc purchases 2,874.26 11891 (L) Pogreba Distributing Beer and misc purchases 4,360.20 11892 (L) Quality Wine/Spirits Liquor,wine,misc purchases 3,589.28 11893 (L) Schwaab Supplies 58.60 11894 (L) Thorpe Distributing Beer and misc purchases 15,046.70 11895 (L) Weekly News Inc. Advertising 519.68 11896 (G) Alan Rolek Sec 125 reimbursement 112.00 11897 (L) William Schmid Used 6 cyl engine 250.00 11898 (G) Kidder, Peabody & Co. Balance due on investment 14.107.63 TOTAL GENERAL . 49,348.45 TOTAL LIQUOR 71.831.63 TOTAL CHECKS ISSUED 121.180.08 . -2- CITY OF SHORE WOOD CHECK APPROVAL LISTING FOR JUI..Y 26. 1993 MEETING CHECKlt VENDOR NAI1E DESCRIPTION DEPT. AMOUNT . . 11900 ADVANCE SURVEYING AND TOPOGF"((.\PH T C 11AP 1190J AIRSIGNAL. INC. BEEf:;JER SEf~VTCES 11902 AMER I CAN l'-.!A T I ON(.~L BANK INTEREST DUE ON BONDS INTEREST DUE ON BONDS INTEREST DUE ON BONDS FOR AMERICAN NATIONAL BA *** TOTAL 1190~5 B 8c J r:4UTOMOT I VE BORCAT TIRE REPAIR 11904 RIFFS. INC. SATELL ITE f:;'ENTAL 11905 BRYAN ROCK PRODUCTS ~ T i"~C. 8(.~L L F I FL. D ROCK 1.1.906 CARLSON EQUIPI1ENT COI1PAl'-N PUMP RENTAL MA nn SUPPL T ES *** TOTAL. FOR CARLSON ECUIPMENT CO 11907 CHANHASSEN LAWN AND SPORT MOWER MAlNT SUPPl.IES 11908 COMMERCIAL ASPHALT CO. BLACKTOP SUPPLIES 11909 CROSSTOWN-OCS. INC. COFFEE SUPPLIES 11910 ECKLUND. DEL ADMIN 1~350.00 9.1:,8 -------- ].4~91.5-00 -------- ?S,003~7S -------- ?3~407-50 63.326.25 PUR v.)KS 29.40 PARKS & 494.98 PARKS & 117.91 CITY GAR 492.03 CITY GAR 42.96 .534.99 PUR WKS 31.80 STREETS 2.54.07 MUN SLOG 50..50 USED vJATER PUMP & TRA 11.. R PUB liJKS 500.00 11911 ERICKSON~ ROLF E.A. AUGUST ASSESSING FEE ASSESSING SUPPLIES *** TOTAL FOR ERICKSON~ ROLF E.A. 11912 EXCEl_STOR-CITY OF 3RD QTR FIRE CONTRACT MARKING PATNT-3073L ACCT CITY GAR 60.32 11913 FOX VALLEY SYS~EMS 11914 GOPHER STATE ONE-CALL. IN ONE-CALL SVCS ONE-CALL SVCS *** TOTAL FOR GOPHER STATE ONE-CAL PROF SER 3~098.00 PROF SER 2.72 3~100_72 POLICE P 24.525.75 WATER DE 22.50 SEWER DE 22.50 45.00 92.39 11915 JIM HATCH SALES CO. RAKE Rl.ADES & BATTERIES CTTY GAR 18.86 1191(:, HENNEPIN COUNT'y' TI~FASUh'ER COUNTY POSTAGE 11917 HOISINGTON GROUP TNC. PARK PLANNING SVCS GEi''' GOVT PARKS & 829.49 11918 KNOX COMMERCIAI_ CREDIT PARKS LUMBER SUPPLIES PARKS & 206.8.5 DECK L Ui'1BER SUPPL T ES -------- 114. 4?; *** TOTAL FOf~ KNOX COMMERCIAL CRED 321.28 11 r.,) 19 L r~IROR r;'EL r~ T I m-!s I~SS()C_ SERVICES RENDERED 11920 I'HI DISTRH3UTING COl1PANY VEHICLE l"i{4HH SUPPLIES PUB vJKS 176_21 ADMIN 1,122.00 1:1.9'7. 1 i'11:41".!N 1'1ADF PFi'ODUCTS r10D T F"{ PI.WiP rm I VF SHAFT PUR v,JKS 250_00 CITY OF SHOREWOOD CHECK APPROVAL LISTING FOR JUl.Y 26, 1993 MEETING CHECKtJ; VF.l'-~Dm~ r-.!AlyiF DF.SCfnPTlm~ DEPT _ AMOUNT --------- -----.-------------------- ------------------------ -------- -----------... 11922 H J: MAYEF~ AND SONS, n~c. 11A TNT SUPPL IES CITY GAR 286.70 11923 11F.TRO WASTE CONTROL C0l1M. AUGUST CONTRACT PAY'11ENT SEWER DE 30,795.67 202_35 11924 MILL.ER RAG COMPANY' SAND RAGS 1.1925 11INNESOTA PETROLFl.H1 SVC RF-l.INE WATER TANK 11.926 i"il.JNITECH, INC. AUG CONTRACT PAYt1n-n AUG CONTRACT PAYMENT *** TOTAL FOR MUNITECH, INC. 11927 NAVARRE AMOCO TIRE REPAIR 11928 NAVARRE TRUE VALUE MAINT SUPPLIES MI:4 I NT SUPPL T ES t1A nn SUPPL IES l"iA 1 NT SUPPL T FS MI:4I NT SUPPL I ES MAINT SUPPLIES FOR NAVAf.mE TRUE VALUE *** TOTI~l.. 11929 Ol.. SEN CH~~ T N .r:. CARL E CO. TRAILER 11ATNT SUPPl.. IES 11930 PETERSON ENVIRONMENTAL EXPERT WITNESS SVCS 11931 PITNEY-ROWES INC_ POSTAGE MACHINE RENTAL 11932 SO l..K MTKA PUB SAFETY OEP I:4UG CONTRACT PAYMEHT ROOKING FEE AND OT *** TOTAL FOR SO LK MTKA PUB SAFET 11933 TIME SAVER OFF SITE SEC MIHUTES rlINUTES *** TOTAL FOR TIME SAVER OFF SITE 11934 TONKA RAY-CITY OF SEAL COATTNG SPECS 11935 TONKA PRINTING CO_ STATIONERY SUPPLIES 11936 TWIN CITY WATER CLINIC JUNE WATER TESTING 11937 UNITOG RENTAL SERVICES UNIFORM RENTAL SVCS *** TOTAL CHECKS FOR APPROVAL 'j;:'j;:'j( . .. TOTAL CHECK APPROVAL l.IST -4- CITY GAR SEv.JER DE 2,372.00 WATER DE 3,720.00 SEWER DE 2,480.00 6,200.00 PUB 'JJKS 18.00 MUN SLOG CITY GAR PUR WKS CITY GAR PARKS & ro. . .t. 4f., . 3J)7 19.73 17.02 34.50 123_59 CITY GAR 276.54 PROF SER 404_59 MUN SLOG 87 _ 3f., POLICE P 32,468.64 POLICE P 747.31 33:.215.95 . PLANNING 105~ GEN GOVT 225.00 :':;30.00 STREETS 215.00 GEN GOVT 91.59 WATH~ DE 20_00 CITY GAR 373. ~31 172,204. 1.5 293,384.23 CHECK APPROVAL LISTING FOR JULY 26, 1993 COUNCIL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR JULY 1. 1993 COUNCIL PAYROLL 207481 Void 207482 Bruce Benson Council 184.70 207483 Barbara Brancel Mayor 233.87 207484 Robert Daugherty Council 184.70 207485 Daniel Lewis Council 184.70 207486 Kristi Stover Council 184.70 TOTAL PAYROLL 972.67 . . -5- CHECK APPROVAL LISTING FOR JULY 26, 1993 COUNCIL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR JULY 12 , 1993 PAYROLL 207487 Void 207488 (G) Chad Akins 72.0 reg hours 337.85 207489 (L) Scott Bartlett 32.0 reg hours 179.13 207490 (G) Charles Davis 80.0 reg hours 565.44 207491 (G) Wendy Davis 80.0 reg hours 718.93 207492 (L) Cory Frederick 15.0 reg hours 76.52 207493 (L) John Fruth 17.5 reg hours 95.61 207494 (G) Jason Hansmann 64.0 reg hours 287.59 207495 (G) Patricia Helgesen 80.0 reg hours 632.13 207496 (G) James Hurm 80.0 reg hours 1,540.55 .207497 (L) Brian Jakel 17.0 reg hours 95.87 207498 (G) Dennis Johnson 80.0 reg hours 756.11 207499 (L) Loren Jones 11.5 reg hours 59.11 207500 (L) Martin Jones 18.0 reg hours 73.92 207501 (L) William Josephson 80.0 reg hours 630.22. 207502 (L) Sandra Klomps 8.0 reg hours 41. 74 207503 (G) Mary Beth Knopik 55.0 reg hours 279.76 207504 (L) Susan Latterner 44.5 reg hours 233.47 207505 (G) Colleen Lindskoog . 20.0 reg hours 105.74 207506 (G) Joseph Lugowski 80.0 reg hours-2 ot 735.17 207507 (L) Russell Marron 23.0 reg hours 124.78 207508 (L) Jill Moore 19.25 reg hours 95.16 207509 (G) Theresa Naab 56.0 reg hours 611.68 207510 (G) Lawrence Niccum 80.0 reg hours-4 ot 831. 73 207511 (G) Susan Niccum 80.0 reg hours 701. 31 207512 (G) Bradley Nielsen 80.0 reg hours 952.60 207513 (G) Joseph Pazandak 80.0 reg hours 1,032.80 207514 (L) David Peterson 9.5 reg hours 49.75 207515 (G) Daniel Randall 80.0 reg hours 766.74 207516 (L) Paul Richardson 47.0 reg hours 217.51 207517 (L) Brian Roerick 15.5 reg hours 86.66. 207518 (G) Alan Rolek 80.0 reg hours 1,224.40 207519 (L) Brian Rosenberger 45.0 reg hours 227.10 207520 (L) Christopher Schmid 80.0 reg hours 387.94 207521 (G) Howard Stark 80.0 reg hours 646.70 207522 (G) Beverly Von Feldt 80.0 reg hours 579.74 207523 (G) Ralph Wehle 80.0 reg hours 614.97 207524 (L) Dean Young 80.0 reg hours 614.44 207525 (G) Donald Zdrazil 80.0 reg hours 1.189.46 TOTAL GENERAL 15,111.40 . TOTAL LIQUOR 3.288.93 TOTAL PAYROLL 18.400.33 -6- CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JULY 6, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Borken, Hansen, Malam, and Pisula; Planning Director Nielsen. Absent: Commissioner Bonach. APPROVAL OF MINUTES Borkon moved, Pisula seconded to approve the minutes of the Commission's June 8, 1993 meeting. Motion passed 6/0. 1. 7:00 PUBLIC HEARING -SIMPLE SUBDIVISION/COMBINATION/C.U.P. REVISION Aoolicant: Location: Minnewashta Elementary School 26350 Smithtown Road Chair Rosenberger announced the case and outlined the procedures for a public hearing. Nielsen reviewed the background to the applicant's request noting that a conditional use permit for the expansion of the Minnewashta Elementary School was granted in August 1992. He stated subsequently the School District purchased a 5.57 acre parcel at 26410 Smithtown Road, west of the school, to improve its parking lot design. The applicant proposes to subdivide off a 40,000 square foot parcel with an existing house and combine the remaining 4.65 acres with the school property and expand its parking lot. Three issues require action: 1) subdivision of the parcel, 2) combination with school property, and 3) revision of the existing C.U.P./site plan. Nielsen reviewed each issue noting that the proposed division/combination complies with all lot size requirements of the Zoning Code and the proposed parking lot increases parking capacity and improves overall circulation. A revised landscape plan has been submitted and grading, drainage, and erosion control issues have been reviewed by the City Engineer. 1 .~ PLANNING COMMISSION MINUTES July 6, 1993 - PAGE 2 Nielsen pointed out although plans do not exist for location and access for a future water tower on this property, the City should consider acquiring the easement for a tower location at this time. Nielsen recommended approval of the applicant's requests subject to: 1) provision of deeds for required 10' drainage and utility easements, 2) removal of 4 sheds and a garage by September 30, 1993,3) recording of the easements and Council's approval resolution by August 31, 1993, 4) completion of parking lot and landscaping by November 1, 1993, and 5) review and approval of the grading, drainage and erosion control by the City Engineer and Minnehaha Creek Watershed District. John Rohrman, Architect, Minnetonka School District, stated acquisition of the prcperty will improve safety for the children and provide a better solution for parking than the previous plan. He commented on the staff recommendations, indicated no objections to those recommendations and stated the school district is willing to discuss with the City the water tower issue. Rosenberger opened and closed the Public Hearing at 7: 15 p.m. there being no comments from the public. Bean requested clarification of the adequacy of setbacks on the western edge of the parking lot to the lot line of the new location. Nielsen stated the ordinance requires 10' for schools and it meets that requirement. Bean requested clarification of the bus route through the school grounds and expressed concern regardingsafety. Eugene George, Minnetonka School District, described the circulation pattern of buses and the location of drop-off of students by parents. It was pointed out that teachers provide supervision during bus loading and do not leave the staff parking area concurrently with the buses. Bean suggested that signage be provided to designate visitors/public/staff parking. Borkon requested clarification of the bus parking pattern. George explained that the diagonal bus parking provides a safer visual scope for the drivers and the supervisors during bus loading and pointed out that the buses do not move out until all the buses are loaded. Borkon moved, Malam seconded to recommend to the Council that it approve the proposed subdivision/combination/C. U.P .revision for Minnewashta Elementary School, 26350 Smithtown Road, subject to conditions in the Planning Director's July 1, 1993 memorandum and appropriate parking and drop-off sign age on the property be erected. Motion passed 6/0. 2 PLANNING COMMISSION MINUTES July 6, 1993 - PAGE 3 2. 7:15 PUBLIC HEARING - PRELIMINARY PLAT - JAMES HILL Aoolicant: Location: James Robin 23420 Park Street Rosenberger announced the case. Nielsen reviewed the background to the applicant's request for approval of the preliminary plat for James Hill noting that Mr. Robin proposes to subdivide his property located in the R-1 0 zoning district at 23420 Park Street into 4 single-family residential lots. He stated that the plat meets or exceeds requirements of the zoning code with lot areas ranging from 13,314 to 24,300 square feet. Nielsen described the issues to be addressed in connection with the recommendation for approval: A. substandard right-of-way width of Glencoe Road requires an additional 10' of r.o.w. on the east side of Glencoe Road, B. removal of a nonconforming accessory building, C. final plat must include "Block 1" and provide drainage and utility easements, 10' on each side of each rear and side lot line, D. sanitary sewer service for Lot 4 must be demonstrated, Payment of: E. $2250 park dedication fees and F. $3000 local sanitary sewer access charges and provision of an up-to-date title opinion with final plat submission. James Robin stated dedication of additional right-of-way on Glencoe Road poses no problem, however, he indicated he expected there would be no further acquisition by the City for right-of-way there. He stated the property on the west is close to the existing street and in fairness there should be an understanding that the City not seek an additional 10' from that property owner also. Robin understood the City has no plans for upgrading Glencoe Road and while its surface is currently 16' wide, Robin requested that it be understood that the road would not be expanded beyond a 20' width. He stated the road serves 6 homes, has a low traffic volume, and when expanded it should be re-Iocated to the east. With respect to the provision of sewer service for lot 4, Robin explained that it could go directly into the man-hole structure that is at the end of the line coming from the east along Park Street. He stated, however, that should the Engineer determine that is not adequate and requires additional public utility construction, the City should pay for that. He expressed no objection to the other staff recommendations. Rosenberger opened the Public Hearing at 7:36 p.m. Kristi Stover inquired about the applicant's plans for providing water to the lots. Robin stated that the two lots on the north side have access to Excelsior water but he will not require a purchaser to tie into that system, but that each will be responsible for its water supply. Rosenberger closed the Public Hearing at 7:38 p.m. . Rosenberger requested clarification of the acquisition of additional right-of-way on Glencoe Road. Nielsen stated the additional 10' on the east side is because of the proximity of the property on the west side and 10' will bring the road into 3 <0 PLANNING COMMISSION MINUTES July 6, 1993 - PAGE 4 conformance with the required 50' right-of-way width. He noted the Transportation Plan provides that a re-constructed street will be built to its current width, but not less than 20'. The Commissioners acknowledged, however, that it is difficult to determine how a current agreement may be affected by a longer-term future decision. Hansen pointed out that the property lines proposed for this subdivision are not perpendicular causing all other lots to be skewed and customarily creating angular driveways. Nielsen explained that lot 4 created concern. While the line between lot 1 and lot 4 is parallel with the existing garage, keeping the driveway to Lot 4 five feet from the property line will mitigate skewing to a degree according to Nielsen. In this instance, strict adherence to the perpendicular policy would have resulted in lot 4 being smaller. Malam requested clarification of the placement of entrances to lots 2 and 3. Robin stated that both lots probably would be accessed from Glencoe Road since Academy Avenue presents traffic safety concerns. Bean requested clarification of responsibility for sanitary sewer service for lot 4 should the Engineer not approve the described solution. Nielsen stated approval should not present any problems, however, the developer is responsible for extending the utility, if necessary. Borkon requested additional information regarding provISion of water. Nielsen reviewed the City's pOlicy which states the developer determines the water supply- use of an available system or private wells. Borkon moved, Hansen seconded to recommend to the Council that it approve the preliminary plat for James Hill, requested by James Robin, 23420 Park Street, subject to the recommendations in the Planning Director's July 1, 1993 memorandum and subject to the City Engineer's review and approval of sanitary sewer service to Lot 4. Motion passed 6/0. 3. 7:30 PUBLIC HEARING - SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE Apolicant: Location: Wallace and Elizabeth Peck 25975 Wild Rose Lane Rosenberger announced the case. Nielsen reviewed the background to the applicants' request for a simple subdivision of property, zoned R-1A, at 25975 Wild Rose Lane into 2 lots. The 2.6 acre lot extends between Wild Rose Lane and Smithtown Road, is occupied by the Peck's home and a 300 + square foot barn. Despite its area, the lot is substandard as zoned as it is only 98' wide on the Wild Rose Lane end; consequently the applicant requests a lot width variance for the northerly lot. 4 PLANNING COMMISSION MINUTES July 6, 1993 - PAGE 5 Nielsen reviewed the staff report pointing out that the south side of Wild Rose Lane is characterized by narrow lots ranging in width from 50' to 150'. Ten lots on that side of the street are narrower than the applicant's. Nielsen pointed out that although the lot is substandard for the R-1 A district, it is not out of character with the neighborhood. Nielsen stated the applicant considered the possibility of 2 lots on the southerly portion of the property however that would necessitate rezoning the property to R-IC. He stated that while re-zoning would provide an opportunity to re-draw zoning lines, the subdivision allows the applicant to make reasonable use of his property. The Wild Rose Lane lot will be as big or bigger than other lots nearby. The southerly lot and the existing lot to the east of it conform with R-1 A district standards, despite being sandwiched between R-1 C property. Nielsen recommended approval of the subdivision and lot width variance subject to the following conditions: 1) provision of 10' drainage and utility easements on each side of each rear and side lot line, 2) submission of an up-to-dat~ title opinion or title commitment for review by the City Attorney, 3) removal or moving 2 nonconforming sheds which straddle the easterly property line, to bring them into compliance with setback requirements, by November 1,1993, 4) dedication of roadway easements for parcels D and E, 5) payment of a $1000 local sewer access charge and $750 park dedication fee, and 6) completion of the items and recording of the division within 30 days of the Council's approval. Mrs. Elizabeth Peck stated they want to take off the lower lot from the property to allow their son to come back to the home place, which has been in the family for 80 years. She reviewed the history of the property emphasizing their wish to keep the property in the family. She stated that removal of the sheds on the property would cause an emotional hardship on the family and it is not fair of the City to ask them to remove them since that property has nothing to do with the subdivision and they would certainly not be able to accomplish moving or removal within 30 days. She indicated they do not wish to tell their son he cannot build on the home property. Mrs. Peck explained that parcel D is the easement taken when Smithtown Road was straightened. Their attorney has advised them to sell parcel E. Mr. Peck, the son, reiterated his desire to return to the home property to build a single family dwelling on parcel C. He took issue with the encroachment of the sheds on the property and stated that due to the age and construction of the buildings, they cannot be moved. They are, however, in good shape for storage of garden equipment, etc. He indicated they chose not to pursue the re-zoning proposal due to financial reasons. The public did not present any comments. Rosenberger cautioned that, generally, requests for special cases for nonconformance are not favored by the Commission. 5 ''" PLANNING COMMISSION MINUTES July 6, 1993 - PAGE 6 Nielsen clarified that the City may, at it's own initiative based on residents' petition, rezone property; otherwise the re-zoning application fee is $450. He described the possible re-zoning, but indicated the City would probably not initiate such a rezoning. Hansen stated that if a variance is granted on the width based on none of the criteria for a variance, a variance on the sheds would also appear reasonable. It was pointed out, however, another public hearing on the shed variance would need to be scheduled. Nielsen reviewed the criteria and reiterated the guidelines upon which he based his recommendation for approval of the lot width variance and for placing the removal or moving of the sheds as a condition of approval. Borkon requested clarification of the easement related to parcels D and E. Nielsen described the area based on the legal description noting that sale of the triangle, parcel E, would not be a problem. Dedication of the easements would provide a clear title. Borkon expressed concern regarding the shed removal condition particularly since the nonconforming house is not required to meet conforming conditions, which in her view reflects inconsistency. She expressed concern about the appearance of government intruding into private lives and suggested alternatives for compromise be considered. Nielsen indicated that alternatives discussed create further nonconformance factors. Rosenberger questioned the emotional tie factor. Mrs. Peck indicated the entire family has continuing ties to the homestead. Mrs. Peck stated that if and when Parcel B is sold, the sheds would be moved. Nielsen stated that it may be possible to record such a statement against the lot, Le., that the sheds will be removed when the property changes owners; and would become a part of the conditions of this approval. However, Nielsen pointed out that any new construction of an accessory structure on Parcel B would likely require removal of the sheds. The Pecks stated they would accept such conditions for conformance. Malam preferred that action not be tabled on this request based only on the shed issue; and stated that while he can understand the family emotional ties, he did not feel comfortable with buildings remaining on a property line. Hansen moved, Borkon seconded to table, until Wednesday, July 28, 1993, action on the request of Wallace and Elizabeth Peck for a simple subdivision and lot width variance at 25975 Wild Rose Lane and requested the staff to prepare a proposed resolution that satisfies the applicants and the Commissioners, based on legal consultation, regarding the removal of the nonconforming sheds at the time of the sale of Parcel B. Motion passed 4/2. Malam and Pisula voted nay. 6 PLANNING COMMISSION MINUTES July 6, 1993 - PAGE 7 A copy of the proposed resolution will be sent to Mrs. Peck in adequate time prior to the meeting for review by her attorney. 4. MATTERS FROM THE FLOOR Rosenberger suggested the Commissioners consider meetings with Planning Commissions of the other South Lake communities regarding topics of mutual interest relating to the Comprehensive Plans. The Commissioners generally agreed that such meetings could be scheduled later in the year after all sections of the Commission's review of the Comprehensive Plan have been completed. Hansen inquired about the status of the Council's action on the Vine Hill Market C.U.P. application. Stover indicated the Council has postponed it's consideration due to the lack of the required quorum at the past 2 Council meetings. Stover briefly provided background history relating to the water tower/school property issue. Pisula inquired about the status of the Gideons Wood ,P .U.D. application. Nielsen noted that the Indian burial mound review has been conducted; however a formal report has not yet been received. The Commissioners agreed to re-schedule its July 20 Study Session/Meeting to Wednesday, July 28. Nielsen noted the Commissioner's joint study session with the Council is scheduled for Monday, July 12. 5. REPORTS - None. 6. ADJOURNMENT Borkon moved, Pisula seconded to adjourn the meeting at 8:40 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial 7