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032591 CC Reg AgP SCANNED CITY OF SHOREWOOD SHOREWOOD CITY HALL CITY COUNCIL MEETING 5755 COUNTRY CLUB ROAD MONDAY, MARCH 25, 1991 7:00 P.M. AGENDA 1. CONVENE REGULAR CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Lewis Gagne Stover Daugherty Mayor Brancel C. Review Agenda 2. APPROVAL OF MINUTES A. Special City Council Meeting - March 5, 1991 (Att. No. 2A - Minutes) B. Regular City Council Meeting - March 11, 1991 (Att. No. 2B - Minutes) 3. CONSENT AGENDA A. Approve Route - 1 lth Annual Easy Race (Att. No. 3A - Request Letter) B. Approve Payment Voucher No. 1 - Visu -Sewer (Att. No. 3B - Engineer's Letter) 4. PARK COMMISSION REPORT 5. PLANNING COMMISSION REPORT 6. FINDINGS OF FACT - SIMPLE SUBDIVISION /COMBINATION AND VARIANCE Applicant: Minnetonka Country Club Location: 24575 Smithtown Road (Att. No. 6 - Proposed Resolution) • ` CITY COUNCIL AGENDA MARCH 25, 1991 Page two 7. FINDINGS OF FACT VARIANCE FOR TWO DWELLINGS ON ONE LOT Applicant: Dennis Clark Location: 20880 Radisson Road (Att. No. 7 - Proposed Resolution) 8. FINDINGS OF FACT - C.U.P. TO ALLOW AGRICULTURAL USE IN THE R -1A ZONING DISTRICT Applicant: Cliff Brandhorst Location: 27225 Smithtown Road (Att. No. 8 - Proposed Resolution) 9. S.E. AREA WATER TREATMENT PLANT A. Approve Plans and Specifications and Direct Notice to Bidders (Plans and Specifications Available for Review at City Hall) (Att. No. 9A - Proposed Resolution) 10. UPDATED FEASIBILITY REPORT - GLEN ROAD DRAINAGE PROJECT (Att. No. 10 - Planner's Memo) 11. FEASIBILITY REPORT - PINE BEND WATERMAIN EXTENSION (Report to be distributed at meeting) 12. SHADY HILLS DRAINAGE PROJECT - PROPOSED LOT LINE ADJUSTMENT (Att. No. 12 - Planner's Memo) 13. FREEMAN PARK PUMP HOUSE (Att. No. 13 - Planner's Memo) 14. CHURCH ROAD IMPROVEMENT PROJECT - R.O.W ACQUISITION (Att. No. 14 - Planner's Memo) 15. STREET LIGHT REOUEST - WOOD DRIVE /HIGHWAY 7 (Att. No. 15 - Planner's Memo) 16. APPOINT JOE PAZANDAK BUILDING OFFICIAL (Att. No. 16A - Planner's Memo) (Att. No. 16B - Proposed Resolution) CITY COUNCIL AGENDA MARCH 25, 1991 Page three 17. MA'T'ERS FROM THE FLOOR 18. STAFF REPORTS A. Attorney's Report 1. 2. B. Engineer's Report 1. 2. C. Planning Director's Report 1. 2. 19. COUNCIL REPORTS A. Mayor Brancel B. Councilmembers 20. ADJOURNMENT SUBJECT TO PAYMENT OF THE CLAIMS APPROVED (Att. No. 20 - Claims List) * 8 \ ' SHOREWOOD MEMO: DATE: 3 -21 "91 TO: tAtt` f o r a n c; - Vy COJnG FROM: �1e_beh §rid e c. u + &a jewe5 2A awcl 2-PJ' on 1sA ovvd•.y n∎ j,} s al ¢ w1 1 1 b.e. Q u natr tP ar ow+4. cove r 1 EXECUTIVE SUMMARY SHOREWOOD CITY COUNea AGENDA 25 MARCH 1991 Following are very brief summaries of the items listed on the above-referenced agenda. For more detail please refer to the individual staff reports contained in the Council information packet. Item 3A. Norwest Bank, Excelsior requests permission to route their eleventh annual race for charity through Shorewood along County Road 19. The race, scheduled for 5 May, begins in Wayzata and ends in Excelsior. bjn Item 3B. On 8 March, Visu-Sewer submitted the documentation for the 1990 Television Inspection and Chemical Grouting Program. The original contract amount for this program was $25,555.95. The current invoice of $20,628.72 should essentially complete the project. With 5 % retained pending final review and acceptance of work, we recommend payment of $19,597.28. jad Items 6.7 and 8. These three items are fmdings of fact for requests which were approved at the 11 March meeting. bjn Item 9. Plans and specifications for the proposed southeast area water treatment plant are available for review at the City Hall. Since there is some concern about the architecture of the proposed building, the Council is urged to review the plans prior to the meeting. bjn Item 10. At the 28 February meeting, the Council directed the Engineer to update the Glen Road Feasibility Report for cost. With the deletions of excavation in Pond 2, combined with overflow ditches instead of pipework, the estimated total cost has been reduced from $150,000 to $107,000, not including easement acquisition. Staff recommends that affected property owners be notified and that a new public hearing be scheduled. jad Item 11. The Feasibility Report for extending watermain to properties on Pine Bend will be delivered prior to Monday night's meeting. Staff recommends that the petitioners be advised of the estimated cost of the project and that the matter be scheduled for a decision by the Council at the 8 April meeting. bjn Item 12. The Shady Hills Drainage Project requires acquisition of easements from residents adjoining the proposed pipe. In exchange for the easements they have requested that the City approve an adjustment to the lot line between their properties to relocate it to where they mistakenly believed it to be. Staff recommends that the City initiate this division and combination and schedule it for review by the Planning Commission on 2 April. bjn f Executive Summary 25 March 1991 Council Agenda Page two Item 13. With a minor revision to the roof structure, the staff has reduced the cost of the proposed irrigation pumphouse shelter to the originally budgeted cost ($2000). Unless the Council has additional concerns staff will proceed with the project as modified. bjn Item 14. Dale Johansen has accepted the City's offer to purchase his property for $23,000, with the stipulation that the City pay for abandoning a shallow well which exists on the site. Estimated cost of abandonment is $300 to $600. bjn Item 15. The street light request approved for the intersection of Wood Drive and Highway 7 requires that power be extended to the comer at a cost of $995. The current street light policy states that the City will only pay monthly utility costs, not installation costs. Staff seeks direction from the Council as to whether an exception to the policy will be made in this instance. bjn Item 16. Acting Administrator Nielsen's certification as a Building Official has expired. Rather than seek recertification he recommends appointment of Joe Pazandak as Shorewood's Building Official. bjn ... . .,ey Strande President NORWESI' BANKS Norwest Bank Minnesota, N.A. Excelsior Office 411 Water Street Excelsior, Minnesota 55331 612/470-2300 March 4, 1991 Mayor Barbara Brancel Ci ty of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mayor Brancel: It is time for us to organize the 11th Annual Easy Race. The race has been scheduled for Sunday, May 5th. This year the fees will be divided among the Fresh Water Foundation and the "Crime Prevention Funds" (or their equivalents) of the various police departments assisting in the race. The route through your community will remain exactly the same as past years. Would you please obtain your Council's approval and let me know, at your convenience, their response. Your help is greatly appreciated. sVne~; , ~ .~(Vuk- Shirley ~nde President SS/hew 3A .... 11- . "Lake St. to Water St. Easy Race XI" Sponsored by Norwest Bank Offices in Wayzata and Excelsior To benefit Lake Minnetonka . community organizations Start-Norwest Bank-Wayzata 900 E. Wayzata Boulevard, Wayzata mish-Norwest Bank-Excelsior Awards: Lake Street to Femdale Road to County Rd. 15 to Orono Orchard Road to Fox Street to Old Crystal Bay Road to County Rd. 51 to County Rd. 19 to Northview Rd. to Lake Street to Old Beach Road to County Rd. 19 to George Street to Water Street. Entry Fee: $15.00 payable to "Easy Race XI", Mail with form below to: ~ Loretta Docken, Norwest Bank Minnesota, N.A., Wayzata office, 900 E. Wayzata ..,IL._-,__~oulevard, Way~ta, MN 55391 Distance: Course: Approximate Route: 13.1 miles (measured by wheel) Rolling (to impossible) 41 .' '..... -..."..,-': .- . ",-. .... .' .- MAY 5, 1991 (AT 9AM SHARP!) ..;,.~_.' Splits: 1 mile 5 mUes 9 miles. Water: 4 water stops. Return Transportation: To Wayzata will be provided upon request. Trophies, mementos & refreshments at finish. ENTRIES STRICTLY UMITED TO 600 NO RACE DAY REGISTRATION /Atcf.U ~elen ~b ..~ ~~~,InC. 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 . Engineers Surveyors Planners City of ShoreMood 5755 Country Club Rd. ShoreMood, IIn. 55331 Re: SEWER TELEVISING AND REHABILITATION PROJECT NO. 90-1 OSII COil. No. 4687 Ci ty Counci I : Enclosed are four (4) copies of Construction Pay.ent Voucher No. 1 on the referenced project in the alount of $ 19,597.28. Please lake paYlent in a.ount of i at your earliest convenience. 19,597.28 to Visu-Seller Clean & Seal,Inc., 2849 Hedberg Dr.,l'Iinneapolis, IIn. 55343 Very truly yours, JAD:RGD Enclosures cc: Visu-Sewer Clean & Seal, Inc. 3l? Date ----~-------------------~ ~ March 19, 1991 CONSTRUCTION PAYMENT VOUCHER ~ EstimateLVoucher No. For Period Ending : January 30, 1991 ------------------------------------------ ----------------------------- Project No. 90-1 -------------------------------------------------------------------------------------------------------- Class of Work : SEWER TELEVISING AND REHABILITATION -------------------------------------------------------------------------------------------------------- For CITY OF SHOREWOOD, HENNEPIN COUNTY, MINNESOTA To: Yisu-Sewer Clean' Seal, Inc. 2849 Hedberg Dr. "inneapolis, "no 55343 Ph (612) 593-1907 Fax (612) 593-7622 -------------------------------------------------------- Location -------------------------------------------------------- -------------------------------------------------------- A. Original Contract A.ount s 25,555.95 B. Total Additions s 0.00 C. Total Deductions s 0.00 ------------------------ D. Total "Funds Enculbered E. Total Value of Work Certified to Date F. Less Retained Percentage 5 X ------------ G. Less Total Previous Payments H. Total Payments Including This Voucher I. Balance Carried Forward s 25,555.95 ------------------------ s 20,628.12 ------------------------ s 1,031.44 ------------------------ s 0.00 ------------------------ s 19,591.28 ------------------------ s 5,958.61 ------------------------ J. A P PRO V E D FOR PAY" E N T, T HIS YOU C HER s 19,597.28 ------------------------ APPROVALS ======================================================================================================================== ORR-SCHELEN-MAYERON . ASSOCIATES, INC. Pursuant to our field observation, as perforled in accordance with our contract, and based on our professional opinion, laterials are satisfactory and the work properly performed in accordance with the plans and specifications and that the total work is ~~ X completed as of January 30, 1991 . We hereby reco..end payment of this voucher. -------- -----------------------------" ~ ~ ~ ~~ Signed: _______________---------------------- Signed :~~________ Construction Observer ------------------------------------------------------------------------------------------------------------------------ This is to certify that to the best of IY knowledge, information, and belief, the quantities and values of work certified herein is a fair approxilate estimate for the period covered by this voucher. Contractor: Yisu-Sewer Clean' Seal, Inc. Signed By ------------------------------------ ---------------------------------------------- Date : Title ======================================================================================================================== ---------------------------------------- ---------------------------------------------- City of Shorewood Approved for paYlent Voucher ------------------------------------ --------------------------------------------- Checked By : Authorized Representative ------------------------------------ Date Date --------------------------------------------- ------------------------------------ Page 1 of 2 4687 thate#VouC'her-- No. 1 .. Contract : Visu-Sewe~n & Seal, Inc. 2849 Hedb~r. Kinneapolis, Mn. 55343 Ph (612) 593-1907 Fax (612) 593-7622 te : March 19, 1991 ER TELEVISING AND REHABILITATION OJECT NO. 90-1 r the TY OF SHOREWOOD, HENNEPIN COUNTY, MINNESOTA ntract Date : October 24, 1991 rk Co.pleted : Work Started : Nove.ber 12, 1991 Co.pletion Date : Dece.ber 15, 1991 . ITEM Work Co.pleted Contract This A.ount Total to Date QUANTITY UNIT UNIT PRICE TOTAL PRICE Month This A.ount Quantity Total Price ---------------------------------------------------------------------------------------------------------------------------- IN LINE JET VACUUM CLEANING AND TELEVISION INSPECTION ) 8" Dia.eter Sewer 300 L.F. 0.45 135.00 300 135.00 300 135.00 ) 9" Dia.eter Sewer 13,650 L.F. 0.45 6,142.50 13425 6,041.25 13425 6,041.25 ) 12" Dia.eter Sewer 915 L.F. 0.45 411. 75 915 411. 75 915 411.75 ) TEST 8" JOINTS 40 Ea. 9.00 360.00 23 207.00 23 207.00 ) TEST 9" JOINTS 1,200 Ea. 9.07 10,884.00 1272 11,537.04 1272 11,537.04 ) TEST 12" JOINTS 100 Ea. 9.10 910.00 102 928.20 102 928.20 ) SEAL 8" JOINTS 20 Ea. 0.01 0.20 0.00 0.00 ) SEAL 9" JOINTS 600 Ea. 0.01 6.00 0.00 0.00 ) SEAL 12" JOINTS 50 Ea. 0.01 0.50 48 0.48 48 0.48 ) lATERAL TELEVISION INSPECTION 50 Ea. 1.00 50.00 0.00 0.00 ) KANHOLE INSPECTION 67 Ea. 18.00 1,206.00 76 1,368.00 7b 1,368.00 ) SEAL MANHOLE 15 Ea. 350.00 5,250.00 0.00 0.00 ) RE-TELEVISION INSPECTION 2,000 L.F. 0.10 200.00 0.00 0.00 ------------ ------------ ------------ ------------ ------------ ------------ TOTAL $ 25,555.95 $ 20,628.72 $ 20,628.72 age 2 of 2 4687.00 1 . . 3/21/91 RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY AND GRANTING A VARIANCE THEREFOR WHEREAS, Minnetonka Country Club Association, Inc., (Minnetonka) is the owner of certain real property in the City of Shorewood legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, Dorothy M. Peterson (Peterson) is the owner of certain real property in the City of Shorewood legally described in Exhibit B, attached hereto and made a part hereof; and WHEREAS, James A. Schuelke and Mary Ellen Schuelke (Schuelkes) are the owners of certain real property in the City of Shorewood legally described in Exhibit C, attached hereto and made a part hereof; and WHEREAS, Jay A. Venero and Doris A. Venero (Veneros) are the owners of certain real property in the City of Shorewood legally described in Exhibit D, attached hereto and made a part hereof; and WHEREAS, Richard A. Moore and Colleen Moore (Moores) are the owners of certain real property in the City of Shorewood legally described in Exhibit E, attached hereto and made a part hereof; and WHEREAS, Minnetonka, Peterson, Schuelkes, Veneros, and Moores (Applicants) have applied to the City for a subdivision and combination of said properties to form the parcels legally described in Exhibits F, G, H, I, and J attached hereto and made a part hereof; and WHEREAS, the subdivision and combination requested by Applicants complies in all respects with the Shorewood City Code, except that the Shorewood subdivision ordinance requires formal platting for subdivisions involving more than three parcels, and the Applicants have therefore requested a variance to permit the division and combination to be processed by a simple subdivision resulting in a metes and bounds descriptions for the. resulting parcels; and WHEREAS, a public hearing was held to consider the variance by the Shorewood Planning Commission on 5 March 1991, which notice was duly published and all adjacent property owners duly notified; and WHEREAS, the Shorewood City Council considered the application at a regular meeting held on 11 March 1991, at which time the Planner's memorandum G, : '. . was reviewed and comments were heard by the Council, from the Applicants' representative, and from the City staff; and WHEREAS, the City Attorney was directed by the City Council to prepare a resolution setting forth findings and conclusions approving the Applicants' request for a subdivision and combination and a variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That all of the parcels which are the subject of the subdivision and the combination are located in a R -lA, single family, residential zoning district. 2. That the proposed subdivision and combination involves five parcels of land and the Shorewood subdivision ordinance requires formal platting for subdivisions involving more than three parcels of land. 3. That the present configurations of the subject parcels of land have been the subject of boundary line disputes between the property owners during the past several years. 4. T hat the proposed subdivision and combination of the parcels as proposed by the Applicants and the variance required for such subdivision and combination will serve to resolve such boundary line disputes and constitute a reasonable use for the properties. 5. That the subdivision and combination and variance, if granted, will not violate the intent and purpose of the City Comprehensive Plan and will not alter the essential character of the locality. CONCLUSIONS 1. That due to the unique nature of the subject properties and the history of disputes involving the boundary lines between the various parcels comprising the properties described in the application, the subdivision and combination proposed by the A pplicants appears to be the most appropriate and' reasonable manner of resolving said disputes and settling the boundary line locations. , 2. T hat the A pplicants have satisfied the criteria for the variance under Section 1201.05 of the Shorewood City Code, and have established undue hardship as defined by Minnesota Statutes Section 462.357, Subd. D 6(2). . . 3. That based upon the foregoing, the City Council hereby grants the Applicants' request for a subdivision and combination and variance as set forth hereinabove. 4. T hat the real properties legally described in Exhibits A, B, C, D, and E be subdivided and combined to form the parcels legally described in Exhibits F, G, H, I, and J. 5. That Applicants shall record this resolution, together with the exhibits attached hereto, 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 25th day of March, 1991. Barbara J. Brancel, Mayor ATTEST: Bradley J. Nielsen Acting City Administrator/Clerk Roll Call Vote: A yes - Nays - \J .. Owners 3-117-23-31-0004 Minnetonka Country Club Association, Inc. ,..... .. :-:.'-' -i'~ ...~{ 3-117-23-32-0014 - ,'~ .- Minnetonka County Club Association, Inc. . ""'-''O~,''c,- Present Descriotion Lot 50 and the North 50 feet of Lot 55, lying East of the West line of Lot 3, Minnewashta Park Extende~ in Auditor's Subdivision Number 133, Hennepin County, Minnesota. Lot 1, Meeker's Outlots to Excelsior, Hennepin County, Minnesota. EXHIBIT A .- - . .~". IN 33-117-23-32-0001 S If'; ~":".t:'...,..,.-{.. ~. ...... ') .. . Owners Present Description Dorothy M. Peterson Lot 69, Auditor's Subdivision Number 133, Hennepin County, Minnesota. ( (.!:'~ - .. I . .... EXHIBIT B __________J \ .. . N Owners Present Description 3-~~7-23-32-0002 James A. Schuelke and Mary Ellen Schuelke The North 1 acre, except the South 13 feet of Lot 70, Auditor's Subdivision Number 133, Hennepin County, Minnesota. ..-~ _,::- i .,. :J /~~ ~"...,~. .:ci ~-(.,("-'- - - ~ ..J EXHIBIT C " PIN 33-117-23-32-0004 - ...--- ..' .. :; 9t~ Jl.B.11~l/i:";; "'fHI._ 'J Owners . . Present Description Lot 70, except the North 2 acres thereof, Auditor's Subdivision Number 133, Hennepin County, Minnesota, also the South 13 feet of the North 2 acres of Lot 70, Auditor's Subdivision Number 133, Hennepin County, Minnesota. Jay A. Venero and Doris A. Venero ~ EXHIBIT D ~ . '...,.. ") .. 33-117-23-32-0003 Richard A. Moore and Colleen Moore . ...._-, -.,-_:'".' _::- I ... J'f> (J , _ ~~"""",-,"""-c'l..""~: t_ I~'~'. . The South 1 acre of the North 2 acres, except the South 13 feet thereof, and the South 13 feet of the North 1 acre of Lot 70, Auditor's Subdivision Number 133, Hennepin County, Minnesota. EXHIBIT E - . .~ .. ; - '~..' \ Owners Minnetonka Country Club Association, Inc. ,:. I -. Minnetonka County Club Association, Inc. .. . Description After Lot Snlits Lot 50 and the North 50 feet of Lot 55, lying East of the West line of Lot 3, Minnewashta Park Extended in Auditor's Subdivision Number 133, Hennepin Coun~y, Minnesota, EXCEPT the most westerly 14 feet of said Lot SO, as measured at right angles to the most westerly line of said Lot 50. That part of Lot 1, Meeker's Outlots to Excelsior, Hennepin County, Minnesota, lying northerly of a line drawn from a point on the east line of said Lot 1, distant 45.6 feet north from the southeast corner of said Lot 1, to a point on the west line of said Lot 1, distant 40 feet north from the southwest corner of said Lot 1. . '..~ .. . EXHIBIT F Owners Dorothy M. Peterson t I." ~~ \ .. . Description After Lot Splits That part of Lot 69, Auditor's Sub- division Number 133, Hennepin County, Minnesota, lying northerly of a line drawn from a point on the east line of said lot, distant 34.03 feet north from from the southeast corner of said lot, to a point on th west line of said lot, distant 22 feet north from the southwest corner of said lot. That part of the most westerly 14 feet of Lot 50, Auditor's Subdivision Number 133, Hennepin County, Minnesota, as measured at right angles to the most westerly line of said Lot 50, lying north of the South 563.47 feet of said westerly 14 feet of Lot 50, as measured along the most westerly line of said Lot 50. ~ That part of Lot 1, Meeker's Outlots to Excelsior, Hennepin County, Minnesota, lying southerly of a line drawn from a point on the east line of said Lot 1, distant 45.6 feet north from .the southeast corner of said Lot 1, to a point on the west line of said Lot 1, distant 40 feet north from the southwest corner of said Lot 1. . _. . .,. EXHIBIT G J Owners James A. Schuelke and Mary Ellen Schuelke ,. .:.:i ~.u--.L '") .. . Description After Lot Splits The North 1 acre, except the South 13 feet of Lot 70, Auditor's Subdivision Number 133, Hennepin County, Minnesota, That part of Lot 69, Auditor's Subdivision Number 133, Hennepin County, Minnesota, lying southerly of a line drawn from a point on the east line of said lot, distant 34.03 fe~t north from the southeast corner of said lot, to a point on the west line of said lot, distant 22 feet north from the southwest corner of said lot. The North 154.23 feet of the South 563.47 feet of the most westerly 14 feet of Lot 50, Auditor's Subdivision Number 133, Hennepin County, Minnesota, as measured along and at right angles to the most westerly line of said Lot 50. - . ...~. - EXHIBIT H ) Owners Jay A. Venero and Doris A. Venero \) -. . Description After Lot Splits Lot 70, except the North 2 acres thereof, Auditor's Subdivision Number ~33, Hennepin county, Minnesota, also the South ~3 feet of the North 2 acres of Lot 70, Auditor's Subdivision Number ~33, Hennepin County, Minnesota. The South 276.0~ feet of the most westerly ~4 feet' of Lot SO" Auditor's Subdivision Number 133, Hennepin County, Minnesota, as measured along and at right angles to the most westerly line of said Lot 50. - - ..... EXHIBIT I ) ') '. . Richard A. Moore and Colleen Moore Description After Lot Splits The South ~ acre of the North 2 acres, except the South ~3. feet thereof, and the South ~3 feet of the North 1 acre of Lot 70, Auditor's Subdivision Number ~33, Hennepin County, Minnesota. -"",C!-r-. WI . f: ~ r It.!-:-~ The North ~33. 23 feet of the South" 409.24 feet o~ the most westerly ~4 feet of Lot 50, Auditor's Subdivision Number 133, Hennepin County, Minnesota, as measured along and at right angles to the most westerly line of said Lot 50. .f' .. - EXHIBIT J I J .. .0/91 RESOLUTION NO. A RESOLUTION APPROVING A VARIANCE FOR TWO DWELLINGS ON ONE LOT WHEREAS, DENNIS CLAR K (Applicant) is the owner of certain real property (the Property) in the City of Shorewood, County of Hennepin, State of Minnesota, located at 20880 Radisson Road, legally described as: Lot 12, Block 1, Tingewood and WHEREAS, Applicant proposes to build a new residence on the Property but wishes to live in his existing residence on the Property until the new building is completed; and WHEREAS, Section 1201.03, Subd. 2.C.(4) of the Shorewood Zoning Ordinance permits only one principal building on a lot; and WHEREAS, Applicant has therefore applied to the City for a variance permitting him to temporarily maintain two buildings on the Property; and WHEREAS, after required notice, a public hearing was held and the application reviewed by the Planning . Commission at a regular meeting held on 5 March 1991, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant appeared before the City Council at a regular meeting of the Council held on 11 March 1991, at which time the Planner's memorandum was reviewed and comments were heard by the Council, from the Applicant, and from the City staff; and WHEREAS, the City Attorney was directed by the City Council to prepare a Resolution setting forth findings and conclusions approving the Applicant's request for a variance. " NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Property is located in an R-1C, single family residential zoning district, and the zoning ordinance does not permit more than one principal building to be located on a lot. 1 . . 2. That Applicant wishes to maintain two principal buildings on his lot so he may live in his existing residence while the new residence is being built on the same lot. 3. That Applicant's request is consistent with past City policy wherein the City has permitted the temporary use of residential property for two principal buildings. 4. That the variance, if granted, would not violate the intent and purpose of the City Comprehensive Plan and would not alter the essential character of the locality. CONCLUSIONS 1. That due to the temporary nature of the use of the Property for two homes, as proposed by the Applicant, Applicant's request would appear to be reasonable. 2. That the Applicant has satisfied the criteria for the variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.357, S ubd. 6 ( 2 ) . 3. That based on the foregoing, the City Council hereby grants the Applicant's request for a variance as set forth hereinabove, subject to the following conditions: (a) That the new residence to be constructed on the Property be completed within a period of one year from the date hereof. ( b) T hat the existing residence located on the Property be removed within a period of two weeks after the new home is completed. (c) That the Applicant furnish to the City a letter of credit or cash escrow for 150 percent of the cost of demolishing the existing building. (d) T hat the approval granted herein is specttically conditioned upon the terms and conditions contained in the Development Agreement attached hereto as Exhibit A. -. . 4. That the Mayor and City Administrator/Clerk are hereby authorized to executed the attached Development Agreement on behalf of the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of March, 1991. Barbara J. B rancel, Mayor ATTEST: Bradley J. Nielsen Acting City Administrator/Clerk Roll Call Vote: A yes - Nays - -. . DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 1991, by and between the City of Shorewood, a Minnesota Municipal Corporation, hereinafter referred to as "City", and Dennis Clark, hereinafter referred to as " Clark" . WHEREAS, Clark is the owner of certain property in the City of Shorewood, County of Hennepin State of Minnesota, located at 20880 Radisson Road, legally described as: Lot 12, Block 1, Tingewood , and WHEREAS, the City has by resolution agreed to allow Clark to maintain his existing residential building on his property until his new residence, to be located on the same property, is completed. NOW, THE R EF 0 R E, in consideration of the foregoing provisions and the permission granted by the City, the City and Clark agree as follows: 1. That the City has granted a variance to permit Clark to maintain his existing residential building on his property until his new residence, to be located on the same property, is completed. 2. T hat the new residential building to be constructed on the property will be completed within one year from the date of the grant of the variance. 3. That the existing residence located on the property be removed within a period of two weeks after the new home is completed. EXHIBIT A -. . 4. T hat prior to the issuance of a building permit for the new building, Clark obtain a bid for the demolition and removal of the existing building on the property. 5. That to assure and guarantee the City that such removal will be accomplished, Clark agrees to furnish the City with either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the amount of the bid for removal. Said deposit or letter of credit shall remain in effect until such time . as the said building is removed. In the event said building is not removed from the property pursuant to the above conditions, such deposit or letter of credit may be utilized by the City to defray the cost of such removal by the City. Dated: CITY OF SHOREWOOD Barbara J. Brancel, Mayor Bradley J. Nielsen Acting City Administrator/ Clerk ". . 3/21/91 RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PROVIDING FOR AGRICULTURAL USE IN A SINGLE-FAMILY RESIDENTIAL DISTRICT WHEREAS, Clifford Brandhorst (Applicant) is the owner of real property consisting of approximately 10 acres located at 27225 Smithtown Road in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, Applicant for several years has been growing wholesale plant products (e. g., Hosta) on the property, which activity requires the use of temporary greenhouse structures to shade the plants during summer months; and WHEREAS, said property is located within a single-family residential district and therefore requires a Conditional Use Permit for the operation of an agricultural business on the property; and WHEREAS, the Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in his memorandum to the Planning Commission dated 28 February 1991, which memorandum is on file at City Hall; and WHEREAS, after required notice a Public Hearing was held and the application reviewed by the Planning Commission at their regular meeting on 5 March 1991, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's application was considered by the City Council at their regular meeting held on 11 March 1991, at which time the Planner's memorandum was reviewed, the minutes of the Planning Commission were reviewed, comments were heard from the City Council members and staff, and the City Attorney was directed to prepare a resolution setting forth findings and conclusions approving the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the subject property consists of three contiguous parcels of land comprising 9.75 acres located in a R-1A single-family, residential zoning district. B .. . 2. That the property is occupied by Mr. Brandhorst's home, two accessory buildings, several greenhouses, and is bordered by natural vegetation and landscaping, all of which is depicted in the site plan of the property attached hereto and made a part hereof as Exhibit B. 3. That, with the exception of the cemetery located adjacent to the northeast corner of the site, the. property is surrounded by single-family residences, the lots south of the site being approximately 660 feet deep with houses located on the south half of the lots. 4. T hat the visual impact of the temporary greenhouses is negligible due to the extent of existing vegetation on the site, and that the greenhouses are effectively screened from view of adjoining properties. 5. That the Shorewood City Code Section 1201.10 Subd. D, 4. d. and e. provides for the approval of conditional uses for the purposes of farm or truck gardens and the erection of farming and agricultural related buildings, subject to certain requirements. 6. T hat the use of the land comtemplated in the application is in accordance with the official City Comprehensive Plan and will not adversely affect the general welfare, public health and safety of the community. CONCLUSIONS That Applicant's application for a Conditional Use Permit for the use of the subject property for agricultural purposes is hereby granted, subject to the following conditions: 1. T hat the three parcels remain under the ownership of the resident of the home located on the property and that the agricultural use of the property be restricted to use by the resident of the property. 2. That the sale of agricultural products be limited to such products as are raised on the premises and that retail sales be limited to seasonal sale of fruits and vegetables actually grown on the premises. 3. T hat the temporary greenhouses be kept in good repair and confined to the clearing shown on the site plan, attached hereto as Exhibit B. 4. T hat except for the temporary greenhouses, all structures comply with current building and zoning codes. 5. T hat the existing natural vegetation and landscaping be maintained on the site. .. . 6. T hat a certified copy of this resolution, together with the Exhibits attached hereto, be filed with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification hereof. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of March, 1991. Barbara J. Brancel, Mayor ATTEST: Bradley .J. Nielsen Acting City Administrator/Clerk Roll Call Vote: Ayes - Nays - --. . LEGAL DESCRIPTION "Tract C, also that part of east 452.6 feet of east-half of southeast quarter of Section 31, Township 117, Range 23 lying south of Smithtown Road and north of south 40 rods thereof except that part embraced within R.L.S. No. 1578". EXHIBIT A , ,_____":l . . ~....~AD ~~-- ....----- ~~'~ . .. SMITHTOWN .~. . . . . j .:... ,. - ~' No 7) . SlI..'OO'" .~. ... . ..-..,... d Hwy. '-'''''' ,....- 0 1:U."~ (01 -- .......,.oo.c I .0 ~ . ~ ..' '.. .~ .. " S .. . ~ fF: ~ I'" ..' -,. 13E'IE.:~LY' :J:itt'J: .. .. "0 .. .:: C.l f... I. .... .,- " . ~.. ... Nort ~ 1--\0 \ +0 ~G~ k. , .". Exhibit B SITE PLAN . . 3/20/91 RESOLUTION NO. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR WATER TREATMENT PLANT FOR THE SOUTHEAST AREA TRUNK WATER SYSTEM WHEREAS, pursuant to Resolution No. 122-90, adopted by the City Council on the 26th day of November, 1990, Associated Consultants Engineers, Inc., has prepared plans and specifications for the construction of a local improvement known as Water Treatment Plant for Southeast Area Trunk Water System and has presented such plans and specifications to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. T hat such plans and specifications, copies of which are attached hereto and made a part hereof, are hereby approved. 2. That the City Clerk shall prepare and cause to be inserted in the official newspaper and in "C onstruction Bulletin It an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for one day, shall specify the work to be done, shall state that bids will be received by the Clerk until 11:30 a.m., on , 1991, 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 on , 1991, 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 25th day of March, 1991. Barbara J. Brancel, Mayor ATTEST: Bradley J. Nielsen Acting City Administrator/Clerk Roll Call Vote: Ayes - Nays - q~ .. . MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis CITY OF SHOREWOOD ~ " .-. ... 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 20 March 1991 RE: Glen Road Drainage Project - Updated Feasibility Report FILE NO. Drainage - Glen Road Per the Council's direction the City Engineer has updated the feasibility report for the Glen . Road Drainage Project. The updated report is based on an approach which better utilizes the natural topography of the area and results in less site alteration. Although the modified approach is less expensive than the Watershed District's proposal, it still involves a lot of money ($107,000). This being the case it is recommended that the Council schedule another public hearing, or at least a neighborhood meeting for all affected property owners. cc: Glenn Froberg Joel Dresel It) A Residential Community on Lake Minnetonka's South Shore - MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis ~ . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 21 March 1991 RE: Shady Hills Drainage Project - Lot Line Adjustment FILE NO. Drainage - Shady Hills You may recall that the drainage pipe that will be replaced as part of this project strays out of the existing utility easement. While the homeowners whose properties abut the pipe are willing to convey the necessary easements for the project, they have asked that the City approve a minor lot line adjustment between their lots to place the line where they mistakenly thought it existed. They will convey the easements in exchange for this adjustment. I X With the surveying that has been done for the project to-date, expense to the City is negligible and far less expensive than paying for easements. If agreeable to the Council, staff proposes that the City initiate the lot line adjustment and schedule it for review by the Planning Commission at their 2 April meeting. While we do not have the exact lot line change available for your review as of this writing, the attached graphic shows the two subject properties. If you have any questions relative to this matter, please contact me prior to Monday night's meeting. cc: Glenn Froberg Joel Dresel ~ -..1 A Residential Community on Lake Minnetonka's South Shore 12- - ~ ~ ~ ~/UKM SEWER DISTRICT BOUNDARY . "-~".-.<-...._..~,._.~--..........^......"..,.,...,..",,._., ,-. ~~~~;,l~E~~~ . MEMORANDUM TO: FROM: DATE: RE: FILE NO. or. re MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis At the 25 February mee g the Council directed the staff to explore ways in which the above-referenced buildin could be built within the original budget for the project. You recall that the quotes we had received to-date were approximately $1000 higher than initially anticipated. Mark Koeg er, Joe pazandak and I met to discuss alternative ways to reduce the cost of the structure. A it turns out the highest cost portion of the original plan is the flat, built up roof system. CITY OF HOREWOOD 755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · Fr eman Park Pumphouse Structure We are now suggesting at the design be modified to include a slightly pitched, standing seam, steel roof. The n w roof will not look significantly different than the original plan. If we can use a man or tw from Public Works for an afternoon to build the roof, we will still be able to build a maso shelter within the original $2000 budget. Unless the Council has dditional concerns, we will proceed with the work. cc: Mark Koegler Joe Pazandak: Don Zdrazil A Residential Community on Lake Minnetonka's South Shore ../3 ,~. -~~-; ',,- - ~~ftT:_;:-~;J7,:~, ,- ~~;;t_:;~.,c. ' :MEMORANDUM TO: FROM: DATE: RE: FILE NO. . . MAYOR Barb Brancel COUNCIL Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 Mayor and City Council Brad Nielsen 21 March 1991 Church Road Improvement - Land Acquisition (Streets - Church Road) Glenn Froberg and I et with Dale Johansen on Wednesday to discuss our offer for the purchase of his land t the end of Church Road. He agreed to sell the property for our appraised price (he ill pay taxes to-date), with a stipulation that the City bear the cost of abandoning an old w II which may be located on the site. There is a possibility that the well is shallow enough th t it does not have to be capped by a licensed well driller. If it does, however, the cost co ld be between $300 and $600. We will know more by Monday night in time for discussio at the meeting. If the Council is agr ble to the owner's terms, the attached purchase agreement can be executed by the May r and me on Monday night. If you have any ques . ons relative to this matter, please call me prior to the meeting. cc: Glenn Frober Joel Dresel Dale J ohanse A~c! C.G. "-'\t 1 0 f' 'P~ t' c...."'..... o..~ "4'~ .._ ~ ,...: I \ ~ ~~ i u~6.e V" ~f"'\'''' ~.e. ,o~,..... Jr /4 A Residential Community on Lake Minnetonka's South Shore . ~ MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 19 March 1991 RE: Street Light Request - Wood Drive at Highway 7 FILE NO. Street Lights At the 28 January meeting the City Council approved the location of a street light at the intersection of Wood Drive and Highway 7. NSP has now informed us that power is not available to the location we've approved, and that it will cost $995 to get power to the intersection. Per the policy which was formally adopted that same night (a copy of which is attached), the City agrees to pay only the monthly electric bill for street lights, but not any additional charges for extending electricity or erecting poles. Staff needs to know if the Council wishes to modify the current. policy in this instance, or if the petitioner(s) should be advised to arrange to have power provided at his(their) own expense. Before making your decision on this matter you may wish to drive through the intersection some night prior to Monday night's meeting. cc: Glenn Froberg Joel Dresel Al Rolek , 15 A Residential Community on Lake Minfletonka's South Shore II .. . MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (6121 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 19 March 1991 RE: Appoint Joe pazandak Building Official FILE NO. 404 (Admin) The state Department of Administration has advised me that my certification as a Building Official has expired. I have decided not to pursue recertification, but rather to concentrate on my planning degree. This being the case I recommend that Joe pazandak be appointed as Building Official for the City of Shorewood. Joe has a Class II certification and is more than qualified for this job description. Shorewood's organizational structure need not change as a result of this appointment. There may also be an advantage to his title being changed from Inspector to Building Official in the event we are able to come to some agreement with adjoining communities to provide building inspection services. If the Council agrees with this recommendation, it is suggested that the appointment be made by adopting the attached proposed resolution. If you have any questions relative to this matter, please contact me prior to Monday night's meeting. cc: Glenn Froberg Joe Pazandak /fpA A Residential Community on Lake Minnetonka's South Shore .. .0/91 RESOLUTION NO. A RESOLUTION APPROINTING A BUILDING OFFICIAL FOR THE CITY OF SHOREWOOD WHEREAS, Section 1001.02 of the Shorewood City Code provides for the City Council to appoint a Building Official to enforce the Building Code within the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. T hat Joe Pazandak is hereby appointed to the office of Building. 0 fficial. 2. That such appointment shall take effect on the date hereof and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of March, 1991. Barbara J. Brancel, Mayor ATTEST: Bradley J. Nielsen Acting City Administrator/Clerk Roll Call Vote: A yes - Nays - '''fI ~ ,. CK.NO. . . CHECK APPROVAL LISTING FOR MARCH 25, 1991 COUNCIL MEETING CHECKS ISSUED SINCE MARCH 6. 1991 TQ WHOM ISSUED 6382 6383 6384 6385 6386 6387 6388 6389 6390 6391 6392 6393 6394 6395 6396 6397 6398 6399 6400 6401 6402 6403 6404 6405 6406 6407 6408 6409 6410 6411 6412 6413 6414 6415 (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) Lightly Epicurean DMJ Corporation Showcase Landscape Bellboy Corporation Boyd HouserCandy/Tob. Midwest Coca-Cola Co. Day Distributing Co. .East Side Beverage Co. Griggs, Cooper & Co. Johnson Brothers Liq. Mark VII Distributors North Star Ice Ed Phillips & Sons Pogreba Distributing Quality Wine/Spirits Thorpe Distributing Co. Commissioner of Revenue First State Bank PERA PERA ICMA Retirement Trust City County Cr. Union AFSCME Local #224 Child Support Enforce. Bradley Nielsen void Laurence Whittaker PERA MTI Distributing Co. National Bus. Instit. Evergreen Jewelers Village Flower Shop Things Remembered Petty Cash PURPOSE AMOUNT Food for council $ Payment #2-Proj. 90-1 Payment #2-park Proj. 90-1 Liquor purchases Misc. and supplies purchases Misc. purchases Beer and misc. purchases Beer and misc. purchases Liquor, wine and misc. purch. Wine purchases Beer purchases Misc. purchases Liquor and wine purchases Beer and misc. purchases Liquor and wine purchases Beer and misc. purchases Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Section 125 Dep. care reimb. Recycling award - 2/27/91 Employee additional life ins. Training school - H. Stark Boundry Laws in MN seminar B. Nielsen, P. Helgesen Appreciation gift-J. Haugen Flower arrange. for apprec. pty. Appreciation gift-V. Watten Env, coun. food, battery TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED -1- Z/.88 7,167.09 3,787.70 1,825.33 1,879.13 343.82 5,289.10 6,791.55 4,743.64 570.78 5,264.09 125.28 1,980.09 1,605.75 1,509.68 8,230.00 al2.92 4,884.79 1,719.75 15.00 Jro.oo 60.00 126.70 165.00 140.00 25.00 72.00 3>.00 21.6.00 18.02 fD.oo 35.00 54.63 24,676.48 40.158.24 64,834.72 ~~D . CK.NQ. . . CHECK APPROVAL LISTING FOR MARCH 25. 1991 COUNCIL MEETING TO WHOM ISSUED CHECKS FOR COUNCIL APPROVAL 6416 6417 6418 6419 6420 6421 6422 6423 6424 6425 6426 6427 6428 6429 6430 6431 6432 6433 6434 6435 6436 6437 6438 6439 6440 6441 6442 6443 6444 PURPOSE AMOUNT $ 4,880.00 Froberg and Ahern Feb. legal fees ongoing 320.00 developmental 180.00 general 1,980.00 prosecutions 1,560.00 litigations 520.00 retainer/disburse. 320.00 City of Chanhassen Feb. animal patrol servo Commers Condo Wtr. Water cooler rental Crosstown OCS-Inc. Coffee and paper products-CH Discom of MN Front end loader radio work City of Excelsior Second quarter fire contract Feed-Rite Controls, Inc. Demurrage charge FINA Fleet Fueling UL gaSOline purchases Gopher State One-Call One-call services HC Mayer and Sons Diesel fuel purchase Henn Cty Treasurer Postage Henn Cty Treasurer Homestead services Insty-Prints Homestead application forms International Institute Membership fee - S. Niccum of Municipal Clerks J.M. Research Assoc. KAR Products Knutson Services, Inc. Long Lake Ford Tractor MTI Distributing Co. Metro Sales Incorporated Metro Waste Control Com. Metro Waste Control Com. Midwest Business Prod. Minnegasco, Inc. MN Suburban Publications City of Mound Northern States Power Norwest Bank MN Orr, Schelen, Mayeron and Associates CONTINUED ON NEXT PAGE 1,097.65 22.00 169 .10 69.00 20,781. 75 3).00 24lJ .Z1 2>.00 912.63 53.2> 140.17 9:>.00 45.00 5fi).00 fil'2.94 4,145.00 85.56 12,300.00 424.47 25,593.00 3,217.50 74.22 731.33 83.66 1,350.00 ~.ID 2X>.00 5,646.31 Sr. housing assessment payment Public works shop supplies Recycling services for Feb. Chainsaw parts Mower and cab Copier supplies April contract payment February SAC charges Office supplies Utilities Publishing(budget) Second quarter fire contract Utilities Fee on Sew. Imp. 11-1-72 January engineering fees Harding Acres 93.00 ongoing 302.63 Amesbury well 174.38 lift stations 2,323.13 general 2,753.17 -2- CK.NO. . . CHECK APPROVAL LISTING FOR MARCH 25, 1991 COUNCIL MEETING TO WHOM ISSUED PURPOSE AMOUNT CHECKS FOR COUNCIL APPROVAL (CONTINUED) 6445 6446 6447 6448 6449 6450 6451 6452 6453 6454 6455 6456 6457 6458 Office Products Joseph Pazandak Pommer Company Power Brake/Equip. Co. Rollins Oil Company So Lk Mtka Public Safety Department Katie Snyder Springsted Standard Spring Co. Tonka Ford Turf Supply Company US West Communications Van Doren, Hazard, Stallings, Inc. Ziegler, Inc. Maint. contract for typewriters zn.oo prot insp mileage/film proc. n.~ Plaques-Haugen, Watten ~.n Public works truck parts l~.n Antifreeze-public works vehicles ~.~ April police contract payment 30,675.18 Council meeting minutes Financial services re: TIF Public works truck repair Public works truck parts Fertilizer for parks Utilities Park planning services 19).00 6,809.35 76.02 49.68 2,860.00 45.94 1,362.69 Cutting edges, public works 307.24 TOTAL CHECKS FOR APPROVAL 122,585.22 TOTAL CHECK APPROVAL LIST 187,419.94 -3- . . CHECK APPROVAL LISTING FOR MARCH 25, 1991 COUNCIL MEETING CHECK NO. TO WHOM ISSUED HOURS AMOUNT PAYROLL REGISTER FOR MARCH 12... 1991 PAYROLL 204962 (G) Lawrence Niccum 80 reg hrs/6 ot $ 611.43 204963 (G) Donald Zdrazil 80 reg hours 1,054.91 204964 void 204965 (L) Scott Bartlett 11.5 reg hours 64.60 204966 (G) Barbara Brancel Mayor 197 .10 204967 (G) Robert Daugherty Council 147.82 204968 (G) Charles Davis 80 reg hours 439.62 204969 (G) Wendy Davis 80 reg hours 640.93 204970 (L) Kevin Foss 15 reg hours 79.83 204971 (L) John Fruth 18.5 reg hours 87.57 204972 (G) Robert Gagne Council 142. 50 204973 void 204974 (L) Brian Jakel 48.5 reg hours 215.47 204975 void 204976 (L) William Josephson 80 reg hours 600. 56 204977 (L) Mark Karsten 49.5 reg hours 2>9.25 204978 (G) Anne Latter 80 reg hours 556. 75 204979 (L) Susan Latterner 37 reg hours 172.10 204980 (G) Daniel Lewis Council 147.82 204981 (G) Joseph Lugowski 80 reg hours/4.5ot 773.34 204982 (L) Robert Lynch 7 reg hours 37.25 204983 (L) Russell Marron 43 reg hours 212.08 204984 (L) Kelly Michelson 16 reg hours 77.10 204985 (G) Susan Niccum 80 reg hours/l ot 599.11 204986 (G) Bradley Nielsen 80 reg hours 930 . 64 204987 (G) Joseph Pazandak 80 reg hours 844.08 204988 void 204989 (L) Brian Roerick 5.5 reg hours 25.35 204990 (G) Alan Rolek 80 reg hours 958. 34 204991 (L) Brian Rosenberger 17.5 reg hours 86.23 204992 (L) Christopher Schmid 80 reg hours 478.87 204993 (L) Craig Scholle 37.5 reg hours 167.13 204994 (G) Howard Stark 80 reg hours/l ot 578.37 204995 (G) Kristi Stover Council 150.00 204996 (G) Ralph Wehle 82 reg hours 583.41 204997 (L) Dean Young 80 reg hours 565.50 204998 (G) Patricia Helgesen 80 reg hours 832.87 204999 (G) Daniel Randall 80 reg hours/3 ot 748.80 205000 (G) Dennis Johnson 82 reg hours / 3 ot 756.43 TOTAL GENERAL 11,754.27 TOTAL LIQUOR 3.078.89 TOTAL PAYROLL 14.833.16 -4- s CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MARCH 11, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 1 M I NUT E S CALL TO ORDER Mayor Brancel called the meeting to order at 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Brancel, Councilmembers Gagne, Stover, Daugherty and Lewis, Acting City Administrator Nielsen, City Attorney Froberg, City Engineer Dresel. REVIEW AGENDA Gagne moved, Stover seconded, to approve the Agenda with the following additions: 1. Councilmember Gagne added item lOA. A petition by residents of Pine Bend. to have a water feasibility study done. 2. City Attorney Froberg added item 16 - a discussion of the TIF bond schedule. 3. Item 16-C-2 was deleted. Motion carried - 5/0 APPROVAL OF MINUTES A. Regular City Council Meeting - February 25, 1991 Gagne moved, Lewis seconded, to approve Regular City Council Minutes of February 25, 1991. Motion carried - 4/1 (Stover abstained) B. Special City Council Meeting - March 4, 1991 Gagne moved, Stover seconded. to approve the Special City Council Minutes of March 4, 1991 with the following correction: 1. Froberg said the motion on pg. 2 of the Minutes was to adopt a Resolution including Findings of Fact for modifications to the TIF plan. The Resolution number is 22-91. Motion carried - 5/0 1 . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MARCH 11. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 2 CONSENT AGENDA Gagne moved. Lewis seconded. to approve the following Consent Agenda: A. Freeman Park Irrigation Project - Approve Payment Request No. 2 B. 1990 Street Improvement Project - Approve Payment Request No. 2 Motion carried - 5/0 PARK COMMISSION REPORT Park Commission Liaison Vogel told the Council that the Park Commission recommends delaying the Parks Bond Referendum for the time being. He said the residents that attended the Park Referendum Hearings were very supportive of the Parks but did not think an addition to their taxes would be appropriate at this time. The Park Commission commended Park Planner Koegler for his efforts. Vogel said the Park Commission would like to have a representative present at the meeting with the Police Dept. to discuss snowmobile regulation. Brancel told him the meeting would be held April 10. 1991 at 7:00 P.M. at the City Hall. Vogel said the Park Commission would like the Council to reimburse the Parks fund for the land used as a water treatment facility in Silverwood Park. Acting City Administrator Nielsen explained that the water treatment facility was always discussed as part of the Park. Ten thousand sq. ft. was estimated to be needed, anything more or less than that could possibly be adjusted. Brancel told him to prepare a report. Vogel also reported that the Commission discussed a budget for the Park Commission. Brancel told him to talk with Finance Director Rolek and determine a dollar amount. FINDINGS OF FACT - FENCE HEIGHT VARIANCE RESOLUTION NO. 25-91 - APPLICANT: LOCATION: William Miller 25790 Sunnyvale Lane Gagne explained to the Council that the Planning Commission had worked hard on the fence height section of the City Zoning Ordinance. He said two Planning Commissioners called him to discuss the Council's approval of the Miller Fence Height Variance. They felt the City 2 CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MARCH 11. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 3 should delete that section of the Ordinance. rather than compromise the entire Ordinance. Councilmember Stover said there are reasons for the height requirements and that they are not arbitrary. She said the Council should reconsider it's decision. Councilmember Daugherty wanted the Council to maintain it's position in granting the variance. Councilmember Lewis did not want to rescind approval of the variance. He said the subject had been discussed at a previous Council meeting. Nielsen said the staff recommends taking the Fence Ordinance out of the Zoning Ordinance. if these kinds of variances are granted. He said the variance is not warranted. Nielsen said Miller's neighbor has a 6 ft. fence but did not obtain a building permit or variance. The Council should not approve a variance based on a violation by another resident. Daugherty said the Council should not rescind approval of the variance but educate the public. He said the Council is rehashing selected issues. Gagne moved. Daugherty seconded. to adopt RESOLUTION NO. 25-91 "A Resolution Granting a Variance to Construct a Fence." Motion carried - 4/1 (Stover) C.U.P. TO ALLOW AGRICULTURAL USE IN THE R-1A ZONING DISTRICT APPLICANT: LOCATION: Cliff Brandhorst 27225 Smithtown Rd. Nielsen said the Planning Commission voted 4/1 to approve Mr. Brandhorst's request to construct temporary greenhouses on his property. Gagne moved. Stover seconded. to direct the City Attorney to prepare Findings of Fact granting a C.U.P. to allow agricultural use in an R- iA district for Mr. Cliff Brandhorst. Motion carried - 5/0 VARIANCE TO ALLOW TWO DWELLINGS ON ONE LOT APPLICANT: LOCATION: Dennis Clark 20880 Radisson Rd. Nielsen said the Planning Commission recommends approving the variance for Mr. Clark. 3 CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MARCH 11, 1991 COUNCIL CHAMBERS ~7~~ COUNTRY CLUB ROAD PAGE 4 He said the variance is similar to the variance granted Don Messenger in 1990. The certificate of occupancy is given when the old house is torn down. Stover moved, Gagne seconded, to direct the City Attorney to prepare Findings of Fact granting a variance to allow' two dwellings on one lot for Dennis Clark. Motion carried - ~/O NOTICE TO REMOVE - EXTENSION APPLICANT: LOCATION: John Arnst 5480 Teal Circle Lewis asked Nielsen to explain the reason for the extension. Nielsen said Arnst does have a grade problem in his yard. He should probably be given another 30 days to remove his truck. Lewis said the Council should give him until May 1 as he originally asked. Lewis moved, Gagne seconded, to approve an extension of time to John Arnst to remove his truck, no later than May 1, 1991. Motion carried - 5/0 STREET LIGHT REQUEST - BIRCH BLUFF ROAD/THIRD STREET (RECONSIDERATION) Gagne said the Council approved this street light request as recommended by the Staff, however, the residents have requested a reconsideration of this decision. Stover said there is a policy for street lights and it is not arbitrary. The Planner and Engineer decide the best locations for the lights. The placement of the light in the location designated by the staff will accomplish what the resident want. She said the cost of maintaining the street lights is high. Nielsen said the neighbors could request a light from NSP. LEO MELOCHE - 26120 BIRCH BLUFF ROAD Mr. Meloche said 17 residents signed the petition requesting a street light at Third St. and Birch Bluff Road. He explained that the intersection is in a dark and dangerous spot. Many snowmobilers also use Third St. to access the lake. Lewis asked Nielsen his opInIon. Nielsen said the Staff's proposed light location will be on the crest of the hill on Birch Bluff Road 4 CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MARCH 11. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 because there is a potential traffic hazard at that point. The staff felt the cars will illuminate the low spot as they go down the hill. Daugherty said it is important to have a street light policy. however. the Council should listen to resident's requests. He would like to approve the residents street light request but not change the overall policy. . Lewis asked Meloche if the light is located at the proposed alternative location will the residents request a light from NSP at the low spot? Meloche said that had not been discussed with the residents. Daugherty moved. Gagne seconded. to place a street light at the intersection of Third Street and Birch Bluff Road as requested by the residents. Motion carried - 4/1 (Stover abstained) . WATER STUDY PETITION RESOLUTION NO. 26-91 Gagne said he was contacted by a group of residents to do a water study on their road. He told the residents to submit a petition. Mr. Bill Keeler - Resident Mr. Keeler said he contacted twelve of his neighbors. Seven wanted water installed, two had just installed wells but would not oppose City water and three did not want it. He presented the petition for a feasibility study and said he would return to his neighbors with the cost per resident. Keeler said his well needs immediate repair and he would like to see the feasibility study expedited. Stover asked him is he understood that the residents will pay for the study? Keeler said he understood. Gagne asked if the residents would pay a hook up charge to the Boulder Bridge well. Nielsen said it would depend on how the project is financed. Gagne also asked Oresel if he could give Keeler a rough estimate of the cost of the feasibility study. Oresel said the cost would be between $1500 to $2000.00. Lewis asked Oresel when he could have the study completed? Oresel said by the next meeting. Daugherty asked Keeler if this cost is in line with what he told his neighbors. Keeler said it is higher. Oresel asked Keeler if the residents had considered replacement of the street. Keeler said there hadn't been much discussion; one resident did not want trees destroyed. He asked Oresel if the water lines could be run on the side of the road. Oresel said that is more costly. 5 CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MARCH 11. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 Gagne moved. Stover seconded. to adopt RESOLUTION NO. 26-91 "A Resolution authorizing a feasibility study. by petition. of residents of the Pine Bend area." Motion carried - 5/0. CHURCH ROAD IMPROVEMENT PROJECT - AUTHORIZE STAFF TO MAKE OFFER ON JOHANSEN PROPERTY Nielsen gave the Council the appraisal of the Johansen property. Stover asked if this price is part of the cost estimate for the project. Nielsen said it was. Gagne moved. Stover seconded. to authorize the Staff to negotiate for the purchase of the Johansen property. Motion carried - 5/0. LIFT STATION MODIFICATIONS - LIFT STATIONS 5 AND 6. RESOLUTION NO. 27-91 A. Approve Plans and Specifications and Direct Notice to Bidders. Dresel said the previous Council had recognized that the lift stations need to be replaced. Lift stations 5 and 6 need to be replaced first. they were built in 1972. He said the money was set aside in the budget. Dresel said the new wells will be easier to operate and repair. He said OSM will advertise for bids and open them on April 4th. He wi 11 return with a reconunendation to the Counci 1 on Apri 18th." Daugherty asked why these are being replaced now if they have a useful life of 20 years? Dresel said Munitech has had problems with the lift stations and they should be replaced before they fai 1. Stover moved. Gagne seconded. to adopt RESOLUTION NO. 27-91 "A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Lift Station Modifications to Lift Stations No.5 and 6 and Appurtenant Works. II Motion carried - 5/0 on a roll call vote. SET PUBLIC HEARING FOR ALLOCATION OF CDBG FUNDS - APRIL 8. 1991 Stover moved. Gagne seconded. to approve the Public Hearing for Allocation of CDBG funds on April 8. 1991. 6 CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MARCH 11. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 7 Motion carried - 5/0 MRS. VOGEL - RESIDENT asked what CDBG funds are. Stover explained that they are funds from the County and are used for rehabilitation of homes and for the Senior Citizen Center. The funds are about $23.000. DISCUSSION RE: PARK BOND REFERENDUM - MARK KOEGLER Park Planner Koegler explained that the Park Commission had held three informational meetings regarding the Park Referendum. He said 60 people attended out of the 900 notices sent. He said that from this turnout the Park Commission recommends delaying the Park Referendum. However. they will continue to promote the Parks and educate the residents about the Parks. Brancel said she had received phone calls asking for more walking trails in the Parks. Lewis thanked Koegler for the time he spent on the project. MA TIERS FROM THE FLOOR. Brancel asked three times for Matters from the Floor. STAFF REPORTS: A . ATTORNEY I S REPORT Froberg said Springstead Inc. prepared a bond repayment schedule for the TIF revenue bonds based on a 9% interest rate. He said the accumulated surplus on the 9% schedule could be as high as $679.602 as compared to $615.774 at the 10% schedule. The principal is projected to be fully paid on 8-1-97 on the 9% schedule vs 2-1-98 on the 10% schedule He said the total interest for the period will be $390.284 on the 9% schedule vs $454.111 on the 10% schedule. SIMPLE SUBDIVISION/COMBINATION AND VARIANCE APPLICANT: LOCATION: Minnetonka Country Club 24575 Smithtown Road Mr. Jim Penberthy represented the Minnetonka Country Club. He said there exists a boundary dispute between the Country Club and the surrounding residents. They are asking for a simple subdivision and combination of certain parcels in order to resolve the dispute. A variance is required because more than three parcels are involved in the subdivision and combination. 7 CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MARCH 11. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 8 Stover moved. Daugherty seconded. to direct the City Attorney to prepare Findings of Fact granting a simple subdivision/combination and variance for Minnetonka Country Club. Motion carried - 5/0 B. ENGINEER'S REPORT 1. Status of the Grant Lorenz Drainage Project. Engineer Dresel reported on the progress of the Grant Lorenz drainage project. The project will cost $51.000 and this figure does not include the cost of easements. This area has been designated preliminary storm sewer tax district * 3. The previous Council never established the perimeter of the district and left the matter for the new Council to determine. Dresel said he will meet with the neighbors but is looking for direction from the Council. He said there has been discussion among the Staff as to the number of people who should be invited. since the size of the district has not been determined. Gagne moved. Lewis seconded. to approve a meeting with the neighbors in the Grant Lorenz area to discuss the drainage project. Motion carried - 5/0. 2. Status of Badger Park Shelter Repairs. Dresel explained that the Badger Park warming house has been experiencing moisture problems over the past couple of years. Improper drainage has created the problem. The previous Council had discussed regrading the parking lot. but they decided to construct a masonry base under the current building. The City received a bid of $5200 from Studer Masonry. however. Dresel said he would like to look at more bids. Stover moved. Gagne seconded. to obtain further bids on the Badger Park warming house repair and to start construction if the bids are at or below $5200. Motion carried - 5/0. C. PLANNING DIRECTOR'S REPORT 1. Board of Review Hearing Stover moved. Gagne seconded. to set the Board of Review Hearing for April 15. 1991. Motion carried - 5/0 8 CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MARCH 11. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 9 COUNCIL REPORTS. A. MAYOR BRANCEL Brancel said the Council has hired a new City Administrator. James Hurm of Hales Corner. Wisconsin will take office on April 22.- 1991. Mr. Hum has a B.A. in Political Science. .a M.A. in Public Administration and a M.A in Urban Management and Development. B. COUNC I LMEMBER GAGNE Gagne said 1300 questionnaires were distributed for the Senior Housing survey and 400 were returned. He said he will have more information at the March 25th meeting. C . COUNC I LMEMBER STOVER Stover had nothing to report. D. COUNC I LMEMBER LEWI S Lewis said he would like to start a task force to investigate the traffic situation on Radisson and Old Market Roads. He said the task force would have 3 to 5 residents and he would be liaison to the Council. The task force will obtain an independent evaluation of the intersection from a Traffic Engineer. Stover said a cross section of residents from the entire affected area should be represented. Lewis said it is important to address the traffic problems before they occur. He would like opinions brought to the Council. Brancel said she didn't see the Shady Hills area as part of the problem. Daugherty said the task force makes sense . Lewis moved. Daugherty seconded. to approve the establishment of a task force on the traffic problem at Old Market Road and Radisson Road and to return to the Council with preliminary budget estimates. Motion carried - 5/0 E. COUNC I LMEMBER DAUGHERTY Daugherty had no reports. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS Gagne moved. Stover seconded. to adjourn the meeting at 8:24 P.M. GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 9 . ' CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MARCH 11. 1991 Checks issued since February 15, 1991 LIQUOR $ 45,327.10 TOTAL CHECKS ISSUED Checks for Council approval Checks No. 6341-6381 CHECK REGISTER FOR FEBRUARY 26. 1991 PAYROLL Checks no. 204928/204961 LIQUOR $2,914.05 RESPECTFULLY SUBMITTED Katie SnYder Recording Secretary ACTING CITY ADMINISTRATOR BRADLEY J. NIELSEN '10 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 10 GENERAL $ 14,813.24 $ 60.140.34 TOTAL CHECKS FOR APPROVAL $ 26.223.35 TOTAL CHECK APPROVAL LIST $ 86.363.69 GENERAL $11, 908.95 TOTAL CHECKS ISSUED $14,283.00 MAYOR BARBARA BRANCEL