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081390 CC Reg AgP CITY OF SHOREWOOD f REGULAR COUNCIL MEETING MO~AY, AUGUST 13, 1990 i . COUNCIL C~ERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA 1. CONVENE A. Pledge of Allegiance B. Roll Call Gagne Watten Stover Brancel Mayor Baugen C. Review Agenda 2. APPROVAL OF MINUTES - Regular City Council Meeting - July 23, 1990 (Att. No.2'" Minutes) 3 . CONSENT AGENDA A. Resolution Authorizing the Mayor and City A~nistrator to Execute Subagreement, Contract Number A05780, CDBG Grant for Rehabilitation of Private Housing and the South Shore Senior Center Operations (Att. No. 3A - Memo Resolution) B. Motion to Authorize the Mayor and City Administrator to Execute a Lease for Liquor Store 12 by and between Ryan Construction Company and the City of Shorewood (Att. No. 3B - Lease) C. Approval of a Street Light for Peach Circle (Att. No. 3C - Planner's Memo) D. Approval of Election Judges (Att. No. 3D - Memo-Dep. Clk) E. Resolution Approving a Waste Hauler's License for Quality Waste Control (Att. No. 3E ... License ReBol.) F.. Resolution Setting the Date for Hearing- on Assessment of Delinquent Water and Sewer Bills, Property Clean-ups, and Wat.er Connection for September 10, 1990 at 8:00 P.M. (Att. No. 3F - Resolution) G. Resolution Establishing the Polling- Place for Precinct 4at Shorewood City Ball 4. COMMISSION REPORTS (Att. No. 3G - Resolution) A. Park Commission B. Planning Commission 8:00 5. PUBLIC BEARING ON AN AMENDMENT TO THE SBOREWOOD CITY CODE TO PERMIT ON-SALE LIQUOR SALES ON SUNDAY FROM 10:00 A.M. TO MONDAY AT 1:00 A.M. -1- AGENDA - AUGUST 13,' 1990 City Council Meeting Page two Location: 6 . PRELIMINARY PLAT - SHOREWOOD. SUBURBAN ESTATES Applicant: West side of Strawberry Lane, 420 feet south of Smithtown Road North Suburban Development Company (Att. No.6 - Resolution Engineex:'s Memo) 7 . SETBACK VARIANCE Location: Applicant: 4225 Enchanted Lane Chester Yanik (Att. No. 1 - Resolution) 8. SETBACK VARIANCE Location: Applicant: 5725 Merry Lane W. Robert Anderson (Att. No.8 -Planner's Memo) 9 . SETBACK VARIANCE ' Location: Applicant: 5755 Merry Lane RockfordWaldin (Att. No.9 - Planner's Memo) 10. PRELIMINARY PLAT - BOWMAN ADDITION Location: Applicant: 20025 Manor Road Richard Bowman (Att. No. 10 - Planner's Memo) II. SIMPLE SUBDIVISION- Location: Applicant: 25725 Smi thtown Road James Lukich (Att. No. 11 - Planner's Memo) 12. SIMPLE SUBDIVISION Location: Applicant: 5860 and 5870/5880 Hillendale Road Kenneth Koehnen (Att. No. 12 - Planner's Memo) 13. TEMPORARY WAIVER OF PARKING RESTRICTIONS ON CHRISTMAS LAKE ROAD Location: Applicant: 5915 Christmas Lake Road Diane Bruce (Att. No. 13 - Letter) --2- AGENDA - AUGUST 13,' 1990 City Council Meeting . ,Page three 14. EXCERCISING OPTION FOR PUBLIC WORKS SITE A. Authorize Mayor and City Administrator to Execute Option and Purchase Cross Property i\pproving the CUP for the Public Works Site 'fAt.t. Nu.14.B-Planner's Memo) Discuss Acquisition of Additional Property (Att. No. 14C-Attorney Letter) B. C. 15. CONSIDER PETITION FOR PUBLIC IMPROVEMENTS - CHURCH ROAD 16. ADOPTION OF STATE BUILDING CODE (Att. No. 16 - Planner's Memot Ordinance) 17 . REVIEW REPORT ON SHADY. HILLS DRAINAGE (Att. No. 17 - Engineer's Report) 18. DEVELOPMENT AGREEMENT FOR SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE Location: 27095, Edgewood Road Applicant: Phyllis Lovrien (Att. No. 18 - Agreement) 19. MPCA REQUEST FOR FUEL TANK INSPECTION (Att. No. 19 - MPCA Letter) 20. RESOLUTI,ON APPROVING A VARIANCE FOR TWO DWELLINGS ON ONE LOT Location: 24220 Smithtown Road Applicant: Don Messenger (Att. No. 20 - Resolution) 21. MATTERS FROM THE FLOOR 22. STAFF REPORTS A. City Attorney 1. Revocation of CUP for Rapid Oil change (Att. No. 22Al-Corresp) 2. Code Amendments to eliminate tree trimmer and cigarette licenses B. City Engineer 1. 2. -3- AGENDA - AUGUST 13; 1990 City Council Meeting . ,Page four . STAFF REPORTS - continued . C. Planning Director I 1. Update on Appeals a. Michael 0' Brien b. John Chambers 2. MnDOT Request for Partici.pation in Vine nill Road Intersection with T.H. 7 D. Administrator's Report 1. Access for Milfoil narvester - -LMCD 2. Temporary Help - Receptionist/Secretary 3. Pr~.ent Proposal for Housing Study (A'tt. No. 22D3 - Letter) 4. Request for August Milfoil Inspection - Christmas Lake 5. Consider new water meter system (Att. No. 22D5 - Letter) 6. PERA Arrears - reinterpretation 7. oCrQP Walko - County Road 19 (Att. NO.. 22D7 -Letter) ., 23. COUNCIL, REPORTS A. Mayor Haugen . ~., Official Depository . B. Councilmembers 24. . ADJOURNMENT SUBJECT TO PA~T OF THE CLAIMS (Att. No. 24 - Claims List) *NOTICE* The Joint Meeting with the Park Commission is scheduled for TUESDAY, AUGUST 14, 1990 at 7:00 P.M. in the Council Chambers. The Budget Workshop. is scheduled for MONDAY, AUGUST 20, 1990 at 7:30 P.M. in the Council Chambers. .. . .. ." " , ... CITY OF SHOREWOOD .~<'~~A*'.-' ,~""i~~:~::.~~;::as.IL CHAMBERS REGULAR COUNCIL MEm"ING 5755{~OUNTRY CLUB ROAD MINUTES. JULY 23. 1990 PAGE 1 MINUTES CALL TO ORDER Mayor Haugen called the meeting to order at 7:30 P.M. PLEDGE OF ALLEGIANCE Mayor Haugen opened the meeting with the Pledge of Allegiance. ROLL CALL Present: Mayor Haugen, Councilmembers Gagne. Stover, Brancel and Watten, Administrator Whittaker, Attorney Froberg, Engineer Norton, Planner Nielsen. AGENDA REVIEW Watten moved, Gagne seconded, to approve the Agenda with the following changes: 1. . Planner Nielsen wanted both items under A taken off the Consent Agenda, so that he could add information verbally. 2. Addition of item 18- B- 3. Update on Church Road petition. 18-B-4. Waterford 3 Addition. Motion carried - 5/0. APPROVAL OF MINUTES Brancel moved. Gagne seconded, to approve the Minutes of July 9, 1990 with the following additions: 1. P. 4 RESOLUTION 63-90. Brancel wanted a summary of all park costs, not just the fences. P. 4. par. 5, donate should be donated. Par. 8, "sale" should be" sold". 2. P. 5. Church Rd. Petition. Sentence should read: "when the Council takes up the majority rule issue." 3. Review of RFP for Joint Prosecutor, Haugen felt if the Joint Prosecutor was housed with the SLMPSD, there might be a perception of collusion, and residents might not feel they were represented. Motion carried 5/0. Gagne moved. Brancel seconded. to approve the Minutes of the Council Study Session of July 16. 1990. Motion carried - 4/0 ( Watten abstained, as he had been absent.) 1 eX- CITY OF SHOREWOOD I REGULAR COUNCIL MEET G MINUTES. JULY 23. 1990 CO" I L CHAMBERS . 57~COUNTRY CLUB ROAD PAGE 2 CONSENT AGENDA PUBLIC HEARING ON DELINQUENT BILLS B. Approved the date for Public Hearing on Assessment of Delinquent Water and Sewer Bills. Property Clean-ups, Water Connection for August 27, 1990, at 8:00 P.M. Brancel moved, Gagne seconded to approve the Consent Agenda. Motion carried - 5/0. STREET LIGHT REQUESTS WEDGEWOOD DRIVE Nielsen recommended the City place street lights at two locations on Wedgewood Drive: the corner 'of Smithtown Rd. and the corner of Harding Lane, as requested by petition. One of the petitioners asked for a "blind intersection" sign on Smithtown Rd. approaching Wedgewood Dr. Nielsen and City Engineer Norton felt a sign was not warranted. Wedgewood Dr. is visible from Smithtown Rd. at the 30 MPH speed limit. The Staff suggested installing a 30 MPH speed limit sign to remind drivers. Nielsen felt that additional signs should be reserved for serious situations; too many signs confuse people and are ignored. Councilmember Brancel said this was the same area in which there were speed problems. Nielsen felt the police should be notified to increase observation. Watten moved, Gagne seconded to accept the Planner's recommendation to place street lights on Wedgewood Drive at Smithtown Rd. and Harding Lane and post 30 M.P.H. speed signs on Smithtown, east of Wedgewood Drive. Motion carried - 5/0. COMMISSION REPORTS PARK COMMISSION Park Commissioner Wilson addressed the Council. Wilson reported that the Soccer nets at Freeman Park have not been moved. The Soccer League has indicated they might help patch the grass areas in front of the nets. Discussion of a new Little League field at Freeman Park has been delayed until the July 24, 1990 meeting of the Park Commission because of concerns raised by a resident. Wilson also discussed the use of volunteers in the Parks. PRELIMINARY PLAT - SHOREWOOD SUBURBAN ESTATES LOCATION: WEST SIDE OF STRAWBERRY LANE APPLICANT: NORTH SUBURBAN DEVELOPMENT COMPANY Mr. Steve Johnston, Engineer, Merrill Associates presented the Preliminary Plat for Shorewood Suburban Estates. He indicated the 2 C! TY OF SHOREWOOD I REGULAR COUNCIL MEETI G MINUTES. JULY 23. 1990 cot a L CHAMBERS 575~OUNTRY CLUB ROAD PAGE 3 developers would be installing a 24" sewer pipe and the residents would have individual wells. Councilmember Stover said the neighbors were concerned about additional runoff and had attended the Planning Commission meeting. The Planning Commission would rely on City Engineer Norton's recommendation on the water runoff. Norton felt the drainage to the West could add to the problems of Mr. Nephew and Mr. Johnson. Johnston felt this would not happen and asked if his calculations were in error. He felt the flow would remain the same with the ponding area they proposed. Councilmember Gagne asked Johnston if the neighbors were deluged. City Attorney Froberg suggested that these concerns could be addressed in the Development Agreement. Norton indicated that he had not had discussions with Mr. Johnston and he felt that another ponding area would help but might not solve the problem. He also indicated that the City did not have a drainage easement to the East of the project. Gagne said there was City water within 1000 ft. of the project and wanted to discuss, at a later time, requiring developers to hook UP to City water if it was in the area. Mayor Haugen inquired about the cost of attaching to the water. Johnston said it would be $30.00 per foot for an 8 inch pipe and 50% higher for restoration of the property. He indicated that a storm sewer and water were needed in the area, but these were beyond the scope of this project. Gagne said he would like a cost estimate for wate~ to consider. Norton felt Johnston's figure was high. Brancel aske~ Norton if another pond would help. Norton said the need for a storm sewer in this area has been identified since 1975. He felt that the addition of a second pond might not solve the problem. Stover indicated that the Planning Commission's approval of this plat relied on the Engineer~s report. She felt they should table the request until they received his report. Stover moved. Brancel seconded. to table the request for Preliminary Plat approval until the City Engineer and Mr. Johnston can get together. They may resubmit their proposal at the August 13. 1990 City Council Meeting. Motion carried - 5/0. Mr. Johnston wanted further clarification of the Council's wishes. 1. The plat would be approved if the drainage problems are resolved; and 2. The City wanted another pond or storm sewer. Haugen felt his assumptions were correct. Gagne reiterated his position that no more water be drained onto the neighbors' property Councilmember Watten said that any storm sewer project would take at least one year. There is no budget for a storm sewer project and if the developers install another pond they could lose one of their lots. 3 CITY OF SHOREWOOD I REGULAR COUNCIL MEET G MINUTES, JULY 23, 1990 COt"'IL CHAMBERS 57~COUNTRY CLUB ROAD PAGE 4 VARIANCE FOR TWO DWELLINGS ON ONE LOT LOCATION: APPLICANT: 24620 SMITHTOWN ROAD DON MESSENGER Stover said the Planning Commission suggested the old house be torn down within two weeks after the completion of the new house and recommended the acceptance of the Planner's recommendation in his July 3, 1990 report. Gagne moved, Brancel seconded, to direct the City Attorney to prepare Findings of Fact for approval of the Variance for two dwellings on one lot for Don Messenger. Motion carried - 5/0. SETBACK VARIANCE LOCATION: 4225 ENCHANTED LANE APPLICANT: CHESTER YANIK Stover said the Planning Commission made two motions: To deny the gazebo and cut the deck off at the 35' lake setback. The Council "had issued a stop-building order in January of 1989. Haugen said it made her mad that an individual would defy the Council's direct order. She said that now there are measures In place to see that this does not happen again. Nielsen recommended moving the gazebo to the east side of the house which would 'require a side yard variance of seven feet. However, the Planning Commission recommended denying the request for the gazebo. Brancel said that having a gazebo was not a deterrent to the property. Gagne said he had called a number of cities in the area. Many of the cities had strict policies regarding building without a permit. If a resident did not have.a permit, the building was torn down and they had to start over. Watten moved, Gagne seconded, to follow the recommendations of the Planning Commission and direct the City Attorney to prepare Findings of Fact approving a setback Variance on the deck and denying the Variance for the gazebo Motion carried - 5/0. Mr. David Busch, Attorney for Chester Yanik presented Mr. Yanik's VIews: 1 . 2. Mr. Yanik's house is built sideways on his lot. At the time he did this he was looking at an inaccurate survey. The side setbacks have been different throughout the years and Yanik may have conformed at one time. Nielsen indicated he would have been in compliance until 1985. Moving the gazebo had been discussed at length with the City Staff and he believes everyone felt this was the best 3. idea. 4. Mr. Yanik would like to finish this matter and Mr. Busch felt the Council should follow the Planner's recommendations. 4 CITY OF SHOREWOOD ... REGULAR COUNCIL MEET~G MINUTES, JULY 23, 1990 CO'IL CHAMBERS 57 COUNTRY CLUB ROAD PAGE 5 CONDITIONAL USE PERMIT - PUBLIC WORKS FACILITY LOCATION: APPLICANT: 24140 AND 24250 SMITHTHOWN RD. CITY OF SHOREWOOD Stover told the Council that many of the residents surrounding the two properties were at the Planning Commission meeting. Their concerns included the storage of salt-sand, runoff, traffic congestion and safety of their children. The Planning Commission felt these concerns would be voiced no matter where the Public Works site was located. The Commission voted 6/1 for the concept of using parcels A & B. However, they did want the site to be landscaped before any buildings were added to the site. One commissioner objected to the fact that the property had not been purchased before a C.U.P was requested. Mr. LeRoy Bishop, 24250 Smithtown Road, felt it was illegal for the Council to approve the C.U.P because the City does not own the property. Froberg said the City has an option on Parcel A and so they can approved the C.U.P. Haugen asked Mr. & Mrs. Bishop if their son John had talked to them about hiring an independent appraiser. Mrs. Bishop said he had not. Haugen said she would call Mr. Bishop to arrange a time to talk further. Stover said the City has an agreement with the people on Echo Road not to encroach any more on their property; so expanSIon at Badger Park is not an alternative. Nielsen stated that. if they cannot obtain Parcel B, he will prepare a concept plan for Parcel A only and present it to the Planning Commission on Aug. 7. 1990. The Council could review it at the Aug. 13th meeting. Watten moved. Stover, 'seconded to direct the City Attorney to prepare Findings of Fact for approval of the C.U.P for a Public Works Facility on Smithtown Rd. Motion carried - 5/0. OPTION/PURCHASE CROSS PROPERTY - FOR PUBLIC WORKS GARAGE Whittaker stated that the 90 day option on Parcel A would expire shortly. Froberg said examination of the abstract had revealed some unsatisfactory conditions. Haugen instructed Whittaker to get an extension on the option or poll the Council if the City must exercise the option before August 13. 1990. REVIEW REVISED ANTENNA DESIGN - CELLULAR ONE RESOLUTION * 66-90 Chuck Adams of Cellular One indicated there were problems with the proposed antennae. They have changed 45 antennae because of modifications in the transmission pattern. Cellular One would like ~ J CITY OF SHOREWOOD . REGULAR COUNCIL MEETING MINUTES, JULY 23, 1990 CO.L CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 the flexibility to change the 6 antennae on Shorewood water towers. The new antennae would be 11 feet high. Watten asked if the antenna would have to be changed as new technology comes In. Adams said this does not happen very often. Haugen asked if there would be additional weight? Adams said they would ask CEI to sign-off on this. Gagne felt Cellular should come to the Council every time they need to install new antennae. Froberg indicated that the lease requires the prior consent of the City for replacement or repair of the antennae. Routine maintenance was different. The Council wanted to wait for the approval of CEI. Adams said he was expecting an answer any day and was confident of approval. Gagne moved, Watten seconded, to adopt RESOLUTION :#: 66-90. "A Resolution approving an Amendment to the Water Tower Antennae Site Construction Agreement." Said approval to be contingent upon approval of CEI and the City Engineer. Motion carried on a roll call vote - 5/0 UPDATE ON SHADY HILLS DRAINAGE Engineer Norton went to Rev. Almquist's house on Shady Hills and had the following comments: 1. . .The house is lower than the street with basement window wells that are lower than the street and catch run-off. 2. There should be a berm in the front yard. The drainage pIpe, a 24" corrugated pipe, was probably installed in 1955. This pipe has deteriorated in many places. 3. There is a 7 foot permanent easement on the West side of the property. However, the pipe cuts across this easement and the neighbor's property. Haugen asked if a sleeve could be inserted in the pipe. Norton said the pipe was too rusted to hold anything and would have to be replaced. The Council wanted to know if the City was responsible for repairing the pipe. Froberg said that if the pipe was largely located within the easement, the City was responsible for its' maintenance. Norton presented the Ivy Lane project in 1984 as a comparable project for cost. In 1984 the IvY Lane project cost $32,000.00; he projected the Shady Hills project would cost $49,000.00. Stover asked if a swale would be necessary? Norton felt it would still be necessary with a 24" pipe. Gagne asked what size pipe would handle the water runoff. 9:30 - 9:40 BREAK Brancel became ill during the break and went home. Whittaker told the Council that the pond behind the Almquist house was probably too high to daylight a larger pipe. 6 CITY OF SHOREWOOD ... REGULAR COUNCIL MEET~ MINUTES, JULY 23, 1990 CO~L CHAMBERS 575~OUNTRY CLUB ROAD PAGE 7 Stover asked if this project could be done without taking out any trees? Whittaker said there were a lot of large trees and some would have to come out. Gagne asked for Norton's recommendations. Norton felt that the pipe should be replaced with the same size pipe. A new solid pipe would handle more water. as the current pipe is probably crushed. Gagne felt the problem should be solved with a larger pipe. Norton said he could analyze the pipe sizes that would handle various storm frequencies and report to the Council. He did indicate that a 5 year storm frequency pipe, such as this 24" pipe, is the usual for suburban cities. John Askins, neighbor of Rev. Almquist, said that there was more than just an overflow problem, it is a total drainage problem. Whittaker said, if the City assumed responsibility, it cannot afford to repair the pipe from the General Fund. A Special Taxing District may be necessary. Watten moved, Stover seconded, to direct the City Engineer to study the pipe size for storm frequency and make recommendations to the Council August 13. Motion carried - 4/0 (Brancel absent) PLANNING COMMISSION RECOMMENDATION ON AMENDMENT TO CITY CODE ON NOXIOUS WEEDS/GRASS. Stover indicated that the Planning Commission did not want a noxious weed amendment for tall grass. Froberg said that, at the current time, the City cannot make a person cut their grass or weeds unless the weeds are noxious. The Council took no further action. CALL A PUBLIC HEARING .ON ORDINANCE AMENDING CITY CODE WITH RESPECT TO LIQUOR CONTROL. Froberg said the Liquor Code can be amended to comply with the new State Statute. The new State Statute calls for increased hours on Sunday from 10:00 A.M. until 1:00 A.M. Monday. The City would have to call a Public Hearing to do this. Whittaker said they would have time to publish a notice for a hearing on August 13th. Watten moved, Gagne seconded to call a Public Hearing on the Amendment to the Liquor Code for 8:00 P.M., August 13, 1990. Motion carried - 4/0 (Brancel). CONSIDER AN ORDINANCE AMENDING CITY CODE WITH RESPECT TO LICENSING CIGARETTE MACHINES Froberg said the City Ordinance does not conflict with the new State Law. Haugen wanted to make sure all locations in the City had a COpy of the new law. Whittaker will have a notice sent. 7 CITY OF SHOREWOOD . REGULAR COUNCIL MEETING MINUTES, JULY 23, 1990 CO~IL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 8 REVIEW FEASIBILITY STUDY ON GLEN ROAD DRAINAGE Norton said his critique was not complete at this time but would be ready for the Aug. 13th City Council meeting. KUEMPEL CHIME LANDSCAPE PLAN Nielsen said he had received a letter from Konrad M. Wurm. Mr. Wurm was concerned about the lack of landscaping on the Kuempel property along the south wall of Kuempel Clock. Co. At the June 25th meeting, the Council had decided not to require new landscaping because there was plenty of natural vegetation along the lot line. Gagne wondered why there should be new plantings. Haugen said the wall was bare in the winter. Watten said they had always talked about screening this property. Stover said that Commercial property bears the responsibility for landscaping in a residential area. Nielsen reiterated that the previous C.U.P. talked about planting six 4 to 6 foot evergreen trees. Stover moved, Gagne seconded, to require Kuempel Chime to comply with the approved landscape plan in their C.U.P. due to new information. Motion carried - 4/0. MATTERS FROM THE FLOOR None STAFF REPORTS CITY ENGINEER IMPROVEMENTS ON SMITHTOWN CIRCLE: On June 18, 1990, a letter was sent to Mr. Bill Diem. The letter was returned for lack of current address. Norton said he cannot recommend accepting the improvements until Mr. Diem submits "as-built" plans for the public improvements. There is no letter of credit on this project. Under the current development agreement, the City could cause the work to be done and order the "as- builts" done and assess the work to the remaining lots. Froberg should review agreement. Nielsen said the Staff has a current address and will continue to try to contact and Froberg said he would advise Mr. Diem of the City's intentions. Gagne moved, Stover seconded to have the City Attorney try once more to get in touch with Mr. Diem. if this does not occur, he has the authority to pursue other remedies to complete the project for Smithtown Circle and secure the "as-builts". Motion carried - 4/0. 8 CITY OF SHOREWOOD ~ REGULAR COUNCIL MEET~ MINUTES, JULY 23. 1990 COI'" L CHAMBERS 57~OUNTRY CLUB ROAD PAGE 9 CITY ATTORNEY COUNCIL ELIGIBILITY FOR PERA DEFINED CONTRIBUTION PLAN: Froberg said the Council would be eligible for the PERA plan. This does not constitute a change of salary under State Statute. The Council would not be involved in a Buy Back because they were not previously eligible for PERA. DEVELOPMENT AGREEMENT PHYLLIS LOVREIN: Froberg said this matter was delayed because of the need for a land survey. Now. Lovrein's attorney has provided this and a Development Agreement, which the Council can consider August 13th. PETITION FOR CHURCH ROAD IMPROVEMENTS: Petition will be changed to read: abutting on Church Road. Whittaker asked if the petition should include water. Haugen and Stover indicated the subject had been brought up by a Church Road resident. Nielsen inquired whether the City would water would be because the whole street Stover said the residents were the ones replacement, not the City. Norton said the cost of the study would not increase, if the cost for water was in~luded in a feasibility study. 51% of the owners of real property like to know what the cost of will be rebuilt. who requested the street Gagne moved, Haugen seconded. to include the cost of water in the feasibility study, Motion failed - 2/2 Stover asked Norton to obtain cost of water for the Church Rd. project for the City's information. Whittaker stated that unless water was included on the original petition it would require 4/5 vote of Council to order water. If water is on the petition it can be included in the project. Council decided to draw up two petitions one with water, one without. Whittaker asked if the Council wants the cost to remain at $150.00 per petitioner, or if the petition should provide that 1/3 of the cost of feasibility study should be charged. Council decided to leave it at $150.00 per petitioner. Whittaker and Froberg strongly recommended not to pay for petitioned feasibility studies out of General Funds. This could get very expensive if they become numerous and the City pays part of the cost. CHRISTESEN APPEAL: Q./ Froberg said he was informed by the Chris~en attorney that they have dropped their appeal. )( "7 CITY OF SHOREWOOD ~ REGULAR COUNCIL MEETING MINUTES. JULY 23. 1990 CO~L CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 10 RENTAL HOUSING CODE: Froberg had several calls from developers stating they did not have a chance to appear before the Council to comment on the Rental Housing Code. He felt it was appropriate to have a Public Hearing on the Rental Housing Code before it is enforced. Nielsen said notices were sent to apply by July 20, 1990. At this moment they are only required to apply. There are two people who own 30% to 50% of the rental property in Shorewood. Haugen said she had received one call from an apartment owner who felt he would have to pay $35.00 per unit for inspection. Nielsen said this was correct. Nielsen said the Staff did a year of study and identified the rental properties. The owners were aware of the proposed Ordinance. Nielsen inquired whether the City should suspend taking applications. Gagne felt they should take applications but hold off on enforcement. Oct. 8, 1990, was set as the date for a Public Hearing on the Rental Housing Code. CITY PLANNER STOP SIGNS ON MAYFLOWER: Taken off the agenda. UPDATE ON NUISANCE EXTENSIONS: A. Darlene Dallman B. Edward Moe Both residents have made significant progress and the clean up IS well under control. SHERMAN-BOOSALIS DEVELOPMENT AGREEMENT Nielsen said he had talked with George Sherman and Sherman wanted to revise their Development Stage Plan to add a convenience store/gas station. Stover moved. Gagne seconded to direct the Planning Commission to hold a Public Hearing on the revised Development Stage Plan for the Waterford III project at their workshop on Aug. 21, 1990. Motion carried - 4/0. Haugen directed Nielsen to find out the safety standards for gas station pumps prior to the Planning Commission Public Hearing. Gagne said there was a lot of information on the subject and the State 10 €ITY OF SHOREWOOD ~ REGULAR COUNCIL MEET~G MINUTES. JULY 23. 1990 CO~IL CHAMBERS 57~COUNTRY CLUB ROAD PAGE 11 has definite guidelines. Haugen asked Whittaker about the gas tanks for the Public Works Dept. and about removing them. Whittaker said they had one 4.000 gal. tank that has passed inspection. There are two 1000 gal. tanks which have not had fuel loss and do not have to be inspected under State law. Haugen said if City is thinking of removing these tanks they should budget for it. ADMINISTRATOR'S REPORT: BUDGET WORKSHOP: Council agreed to hold the budget workshop at 7:30 P.M. Aug. 20. 1990. MEMBERSHIP IN SMALL CITIES ASSOCIATION Council agreed not to participate in the Association because they do not represent the City's point of view. RECOMMENDATIONS FOR RILEY CREEK WATERSHED BOARD Whittaker asked the Council for recommendations for Board members. Nielsen said someone from the Riley Creek Watershed Board would like to come to the Aug. 13. 1990 City Council meeting to present their report. The Council felt the Agenda was too full. JOINT COUNCIL/PARK COMMISSION MEETING The City Council approved the draft Agenda for the August 14. 1990. joint meeting with the Park Commission. GOOSE ROUND UP Whittaker reported that 38 geese were collected at Christmas Lake. 147 at Timber Lane. A total of 185 were collected this year vs 239 last year. There was no collection on the Islands this year. The Council discussed the $1.000 fee for each site and expressed concern that it had cost $1.000 to collect 38 geese on Christmas Lake. MILFOIL INSPECTION Whittaker reported that Lake Restoration had found no milfoil on Christmas Lake in June. SCHOOL BOARD RESOLUTION ON WATER TOWER EASEMENT Haugen directed a letter of thank you be sent to the School Board for their Resolution agreeing to consider a water tower site on the Minnewashta property. AMM POLICIES Whittaker asked if there were any questions regarding the policies. Council members should advise Whittaker on their policy recommendations. Whittaker felt the AMM positions are good for Shorewood. 1 1 CITY OF SHOREWOOD ~ REGULAR COUNCIL MEETING MINUTES. JULY 23. 1990 CO.L CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 12 PERMISSION TO CLOSE MCKINLEY PLACE CUL-DE-SAC. Gagne moved. Watten seconded. to approved the closing of McKinley Place Cul-de-sac for a block party on August 11. 1990 from 7:30 P.M. to 11:00 P.M. Motion carried 4/0. Whittaker stated he would be meeting with Judy Marshik on Wednesday July 25. 1990 at 1:30 P. M. to discuss a marketing study for Elderly Housing. Mayor Haugen said she would also attend. COUNCIL REPORTS MAYOR HAUGEN Mayor Haugen said she had a meeting with the Police Chief where she suggested Shorewood might help with bookkeeping for SLMPSD. Al Rolek would estimate the cost of such assistance. Haugen told the Pol i,ce Dept. they should have some forum for citizens to complain about Police officers. The SLMPSD Board agreed to serve as a Cittzen Review Committee. Haugen had a letter from citizen enCoUgaglng a City-wide contract for garbage collection. Gagne and Stover said the subject of Municipal garbage should be a topic for a ,workshop. Haugen said Lino Lakes had a very good resident guide explaining all the City's services. Would the Council be interested in doing this? Stover said the League of Women Voters was doing this as a service for the four area cities. . It is called "Know Your Community When You See It." They are looking for donations. Many realtors are donating. Civil Defense Sirens: Those Cities with sirens will pay for repairs and modifications to them. A formula to share costs should be determined soon. STOVER: Wanted the Police Chief to attend the Council meetings. if a Police issue was discussed and the Council agreed. GAGNE No report WATTEN No report 12 c'rTY OF SHOREWOOD I REGULAR COUNCIL MEETI MINUTES. JULY 23. 1990 couA L CHAMBERS 575~OUNTRY CLUB ROAD PAGE 13 ADJOURNMENT SUBJECT TO PAYMENT OF CLAIMS Watten moved. Stover seconded. to adjourn the meeting subject to the payment of claims at 11:20 P.M. Motion carried - 4/0. GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks issued since July 2. 1990. Checks No.4705-4756 GENERAL $25.509.50 $ 107.885.47 LIQUOR $82,375.97 TOTAL CHECKS ISSUED Checks NO.4757-4798 TOTAL CHECKS FOR APPROVAL $151.707.23 TOTAL CHECK APPROVAL LIST $259.592.70 PAYROLL REGISTER JULY 18, 1990 Checks No.204215-204248 GENERAL $12,186.05 $15.268.88 LIQUOR $3,082.83 TOTAL PAYROLL RESPECTFULLY SUBMITTED. Katie Snyder Recording Secretary MAYOR JAN HAUGEN ADMINISTRATOR/CLERK LAURENCE E. WHITTAKER 1.3 'L . . JUL (~ 8 I~~}J J ~ - HENNEPIN - DATE: July 16, 1990_ T(): Urban Hennepin County Cooperating Units FR()~:Hennepin County Office of Planning & Developme~' SUBJECT: SUBRECIPIENT AGREEMENTS/1990 CDBG PROGRAM (YEAR XVI) --- ~ The accompanying three copies of the subject agreement are presented for appropriate execution by your local officials. Return all three signed copies along with the resolution of the governing body authorizing execution with official seal imprint as necessary to: Hennepin County Office of Planning and Development Development Planning Unit 822 South Third Street, Suite 310 Minneapolis, MN 55415 A sample resolution is provided for your convenience. The executed agreements should be returned no later than Friday, August 24, 1990. A copy will be sent to you after the County has signed them. The agreements are a regulatory requirement of the CDBG program. Before disbursement of any Year XVI CDBG funds can be made,the,agreement must be signed be~een Hennepin County (the recipient) and your community (the sub- recipient). In instances where your CDBG activity is implemented by a third party, an agreement similar to the Subrecipient Agreement must be executed between your community and that party. Third Party Agreements are being prepared and will be transmitted for execution as necessary. Your County CDBG representative is prepared to answer your questions. RI:tf Enclosures 31\- . . RESOLUTION NO. WHEREAS, the City of Shorewood has executed a Joint Cooperation Agreement with Hennepin County for the purpose of participating in the 1990 (Year XVI) Urban Hennepin County Community Development Block Grant Program; and WHEREAS, Hennepin County is the recipient of an annual grant from the U.S. Department of Housing and Urban Development for purposes of the program and the City is a subrecipient of those funds; and WHEREAS, program regulations require that the City and County execute a Subrecipient Agreement which sets forth the specific implementation processes for activities to be undertaken with program funds. BE IT FURTHER RESOLVED, that the Shorewood City hereby authorizes and directs the Mayor and the Administrator execute the Subrecipient Agreement, County Contract Number A 05780 behalf of the City. Council to , on . . Contract No. If051fo SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as "RECIPIENT," and the d'1;! of !.t;hlJr<l.-tl//JlJd , .hereinafter referred to as "SUBRECIPIE.1.'l'T," sai parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59: WITNESSETH WHEREAS, Recipient has received a Community Development Block Grant (CDBG) entitlement allocation under Title I of the Housing and Community Development Act of 1974, as amended, to carry out various community develop- ment activities in cooperation with Subrecipient; and WHEREAS, $ ~&, /:;Jt~ from Federal Fiscal Year 1990 CDBG funds has been approved by Recipient for use by Subrecipient for the implementation of eligible and fundable community development activity/ies as included in and a part 0; the 1990 Statement of Objectives and Projected Use of Funds, Urban Hennepin County Community Development Block Grant program and as set forth in the Statement of Work described in Exhibit 1 to this Agreement; and WHEREAS, the Subrecipient agrees to assume certain responsibilities for the implementation of the approved activities described in Exhibit 1, said responsibilities being specified in part in the Joint Cooperation Agreement executed between Recipient and Subrecipient and in the 1990 Statement of Objectives and Projected Use of Funds, Urban Hennepin County CDBG program and the Certifications contained therein. NOW, THEREFORE, the parties hereunto do hereby agree as follows: 1. The Subrecipient shall expend all or any part of its CDBG allocation only on those activities identified in Exhibit 1. 2. The Uniform Administrative Requirements, .as promulgated in 24 CFR 570.502, shall apply to all activities undertaken by the Sub- recipient provided for in this Agreement or by any program income generated therefrom. 3. The Subrecipient shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of its activity/ies. Procurement shall be carried out in accordance with the "Common Rule" provisions (24 CFR 85) (which replace OMB Circular A-102 for the purposes of this Agree- ment), the procurement requirements of the Subrecipient, and all provisions of the Community Development Block Grant Regulations, 24 CFR 570 (the most restrictive of which will take precedence). The Subrecipient shall prepare, or cause to be prepared, all advertise . . ments, negotiations, notices, and documents; enter into all con- tracts; and conduct all meetings, conferences, and interviews as necessary to insure compliance with the above described procurement requirements. The Recipient shall provide advise and staff assis- tance to the Subrecipient to carry out its CDBG-funded activity/ies. 4. The Subrecipient shall be responsible for carrying out all acquisi- tions of real property necessary for implementation of the activity/ ies. The Subrecipient shall conduct all such acquisitions in its name and shall hold title to all properties purchased. The Subre- cipient shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Subrecipient shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. The Recipient shall provide advice and staff assis- tance to the Subrecipient to carry out its CDBG-funded activity/ies. 5. The Subrecipient shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR 42; the requirements in 24 CFR 570.606(b) governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (the Act); the relocation require- ments of 24 CFR 570.606(c) governing displacement subject to section 104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional relocation assistance under section 105(a)(11) of the Act. 6. The Subrecipient shall maintain records of the expenditure of all CDBG funds it receives, such records to be maintained in accordance with OMB Circulars A-87 and the "Common Rule" provisions (24CFR 85) and in accordance with OMB Circular A-110 and A-122, as applicable. All records shall be made available, upon request of the Recipient, for inspection/s and audit/s by the Recipient or its representa- tives. If a financial audit/s determines that the Subrecipient has improperly expended CDBG funds, resulting in the U.S. Department of Housing and Urban Development disallowing such expenditures, the Recipient reserves the right to recover from the Subrecipient such disallowed expenditures from non-CDBG sources. Audit procedures are specified below in Section 22 of this Agreement. 7. The Subrecipient shall take all necessary actions, not only to comply with the stipulations as set out in Exhibit I, but to comply with any requests by the Recipient in that connection; it being understood that the Recipient has responsibility to the U.S. Department of Housing and Urban Development (HUD) for insu~ing compliance with such requirements. The Subrecipient also will promptly notify the Recipient of, any changes in the scope or character of the activity/ies which it is implementing. 2 . . 8. a. The Subrecipient does hereby agree to release, indemnify, and hold harmless the Recipient from and against all costs, expenses, claims, suits or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Subrecipient and property of Subrecipient, which are caused by or sustained in connection with the tasks carried out by the Subrecipient under this Agreement. b. The Subrecipient does further agree that in order to protect itself as well as the Recipient under the indemnity agreement provisions hereinabove set forth it will at all times during the term of this Agreement and any renewal thereof, have and keep in force: a single limit or combined limit or excess umbrella commercial and general liability insurance policy of an amount of not less than $600,000 for property damage arising from one occurrence, $600,000 for damages arising from death and/or total bodily injuries arising from one occurrence, and $600,000 for total personal injuries arising from one occur- rence. Such policy shall also include contractual liability coverage protecting the Recipient, its officers, .agents and employees by a certificate acknowledging this Agreement between the Subrecipient and the Recipient. 9. The Recipient agrees to provide the Subrecipient with Community Development Block Grant funds in such amounts as agreed upon in this Agre~ment to enable the Subrecipient to carry out its CDBG-eligible activity/ies as described in Exhibit 1. It is understood that the Recipient shall be held accountable to HUD for the lawful expendi- ture of CDBG funds under this Agreement. The Recipient shall therefore make no payment of CDBG funds to the Subrecipient and draw no funds from HUDjU.S; Treasury on behalf of a Subrecipient activ- ity/ies, prior to having received a proper Hennepin County ~arrant Request form from the Subrecipient for the expenses incurred, as well as copies of all documents and records needed to insure that the Subrecipient has complied with the appropriate regulations and requirements. 10. The Recipient shall maintain the environmental review record on all activities. The Subrecipient shall be responsible for providing necessary information to the Recipient to accomplish this task. 11. The Recipient shall be responsible for the preparation of all requests for HUD for wage rate determinations on CDBG activities undertaken by the Subrecipient. The Subrecipient shall notify the Recipient prior to initiating any activity, including advertising for contractual services which will include costs likely to be subject to the provisions on Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. The Recipient will provide technical assistance to the Subrecipient to insure compliance with these requirements. 12. The Recipient agrees to provide technical assistance to the Subre- cipient in the form of oral and/or written guidance and on-site 3 . . assistance regarding Community Development Block Grant procedures and project management. This assistance will be provided as requested by the Subrecipient, and at other times, at the initiative of the Recipient, when new or updated information concerning the CDBG Program is received by the Recipient and deemed necessary to be provided to the Subrecipient. 13. The Recipient shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Subrecipient in implementation of this Agreement, and the Subrecip- ient agrees to provide all information required by any person authorized by the Recipient to request such information from the Subrecipient for the purpose of reviewing the same. 14. In accordance with the provisions of 24 CFR 85.43, suspension or termination of this Agreement may occur if the Subrecipient materi- ally fails to comply with any term of this Agreement. This Agree- ment may be terminated for convenience in accordance with 24 CFR 85.44. This Agreement may be terminated with or without cause by either party hereto by giving thirty (30) days written notice of such termination. CDBG funds allocated to the Subrecipient under this Agreement may not be obligated or expended by the Subrecipient following such date of termination. Any funds allocated to the Subrecipient under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the Recipient. 15. Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been ~educed to writing as an Amendment to this Agreement signed and approved by the respective parties, governing bodies and properly executed by the authorized representatives of the parties. All Amendments to this Agreement shall be made a part of this Agreement by inclusion in Exhibit 2 which shall be attached at the time of any Amendment. 16. All data collected, created, received, maintained or disseminated for any purposes by the activities of the Subrecipient in the performance of this Agreement is governed by the Minnesota Govern- ment Data Practices Act, Minnesota Statutes, Chapter 13, and all other statutory provisions governing data privacy, the Minnesota Rules implementi~g such act now in force or hereafter adopted, as well as Federal regulations on data privacy. 17. During the performance of this Agreement, the Subrecipient agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, affectional/sexual preference, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimination. 4 . . . . 18. The effective date of this Agreement is July 1, 1990. The termina- tion date of this Agreement is December 31, 1991, or at such time as the activity/ies constituting part of this Agreement are satisfac- torily completed prior thereto. Upon expiration, the Subrecipient shall relinquish to the Recipient all program funds unexpended or uncommitted for the activities described in Exhibit 1. 19. If the Subrecipient generated any program income as a result of the expenditure of CDBG funds, the provisions of 24 CFR 570.504 shall apply, as well as the following specific stipulations: a. The Subrecipient recognizes that it must notify the Recipient of any program income within ten (10) days of the date that such program income is generated. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. , b. That any such program income must be paid to the Recipient by the Subrecipient as soon as practicable after such program income is generated or may be retained by the Subrecipient, as specifically identified in Exhibit 1. c. The Subrecipient further recognizes that the Recipient has the responsibility for monitoring and reporting to HUn on the use of any such program income. The responsibility for appropriate recordkeeping by the Subrecipient and reporting to the Recip- ient by the Subrecipient on the use'of such program income is hereby recognized by the Subrecipient. The Recipient agrees to provide technical assistance to the Subrecipient in estab- lishing ,an appropriate and proper recordkeeping and reporting system, as required by HUD. d. That in the event of close-out or change in status of the Subrecipient, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to Recipient as soon as practicable after the income is received. The Recipient agrees to notify the Subrecipient, should close-out or change in status of the Subrecipient occur. 20. Any real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds in excess of $25,000 shall either be: a. Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement; or b. Disposed of in a manner that results in the Recipient's being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improve- ment to, the property. 5 . . 21. The following standards shall apply to real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds: a. The Subrecipient shall inform the Recipient at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements including disposition. b. The Subrecipient shall reimburse the Recipient in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the Recipient at the time of sale or transfer of the property referenced herein. c. Any program income generated from the disposition or transfer of property prior to or subsequent to the close-out, change of status or termination of the Joint Cooperation Agreement between the Recipient and the Subrecipient shall be repaid to the Recipient at the time of disposition or transfer of the property. 22. The Subrecipient agrees to provide Recipient with an annual audit consistent with the Single Audit Act of 1984, (U.S. Public Law 98-502) and the implementing requirements of OMB Circular A-128, Audits of State and Local Governments, and, as applicable, OMB C~rcular A-IIO, Uniform Requirements for Grants to Universities, Hospitals and Non-Profit Organizations. a. The audit is to be provided to Recipient on July l-of each year this Agreement is in effect and any findings of noncompliance affecting the use of CDBG funds shall be satisfied by Subrecip- ient within six (6) months of the provision date. b. The audit is not required, however, in those instances where less than $25,000 in assistance is received from all Federal sources in anyone fiscal year. c. The audit may not be paid from CDBG funds. d. The Recipient reserves the right to recover, from non-CDBG sources, any CDBG expenses which are disallowed by the audit. 23. The Subrecipient shall comply with the applicable section of 24 CFR 570.200, particularly sections (b) (Special Policies Governing Facilities); (c) (Special Assessments);. (f) (Means of Carrying Out Eligible Activities); and (j) (Constitutional prohibitions Concern- ing Church/State Activities). 6 . . 24. The Subrecipient shall comply with the Lead-Based Paint notifica- tion, inspection, testing and abatement procedures established in 24 CFR 570.608. 25. The Subrecipient shall be prohibited from rece~v~ng CDBG funds for activity/ies subject to this Agreement should it not affirmatively further fair housing within its own jurisdiction or impedes action taken by Recipient to comply with the fair housing certification. 26. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 27. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influ- ence an officer or employee of any agency, a Member of Congress, an officer or ,employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement Standard Form-LLL, "Disclosure Form to Report Lobbying," will be completed and submitted in accordance with its instructions. 28. The use of excessive force by law enforcement agencies against any individuals engaged in nonviolent civil rights demonstrations within t~e jurisdiction of the Subrecipient is prohibited. 7 . . SUBRECIPIENT, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on 19___, and pursuant to such approval and the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Upon proper execution, this COUNTY OF HENNEPIN, Agreement will be legally, STATE OF MINNESOTA valid and binding. / -/~A~.../ f-. ~:irman of its County Board .~'<..LY/C~"(~~ vc Assistant County Attorn~_.e . And: /? 1/1 ,(/; / / Deputy/As~ociate County Administrator Date: / -- _0- V Attest: Deputy/Clerk of the County Board APPROVED AS TO EXECUTION: Date: SUt-lCIPIENT: . 1'1 OF By: Its Sh()r~ tUlJtJd Assistant County Att9rney And: Its Attest: Title The City is organized pursuant to: Plan A Plan B Charter 8 . . LEASE AMENDMENT The term of that certain Lease dated December 30, 1984, by and between Ryan Construction Company of Minnesota, Inc., as Landlord, and City of Shorewood, as Tenant, for premises in the Shorewood Village Shopping Center - Shorewood, Minnesota, is hereby further extended by mutual consent for a one year period commencing April 1, 1990, and ending March 31, 1991. The monthly rental shall be increased from One Thousand Seven Hundred Seven and 58/100 Dollars ($1,707.58) to Two Thousand One Hundred Fifteen and 00/100 dollars ($2,115.00), effective August 1, 1990. No additional amounts shall be due for common maintenance, insurance or real estate tax. Except as defined above, all other terms, conditions, covenants, and agreement of the Lease shall remain in effect. WITNESS OUR HANDS this day of , 1990. LANDLORD: Ryan Construction Company of Minnesota, Inc. By: Its: TENANT: City of Shorewood By: Its: By: Its: 36 . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 HEMORANDUM ~o: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 8 AUGUST 1990 RE: STREET LIGHT REQUEST - PEACH CIRCLE FILE NO.: 405 (STREET LIGHTS) Earlier this year the Council approved the installation of a street light at the intersection of Peach Circle and Strawberry Lane. We have now received a request from Joel Turunen asking for a light at the end of the cul-de-sac (see Exhibit A, attached). While the proposed light is consistent with the City's policy for street lighting, one issue remains unresolved as of this writing. In the past the City has agreed to accept responsibility for ongoing electrical bills, but not initial installation costs. These costs have been borne by NSP or developers. Prior to Monday's meeting we will know if there are any initial costs involved with the installation of the subject light. Assuming there are none, it is recoIT@ended that the installation be approved. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton Joel Turunen A Residential Community on Lake Minnetonka's South Shore 3e--- ( 21) PART r:s: lOT 10 ~(UJ~[Q) ( 2) . <' 16- v (.: '-'~ r _-!! _'.:.. _ _ _ _ _ _ _ - - - - - - - ~ - - - - - - - _l~~",::: I . 6. 65 \42.3 I: 1.-,- I :c'~ -; ~ . (:0) 1- . ., II ...:; 320 I I "'~ L::"" I .s0'- J I; ~ 5<.,....(9) I ' _ ~ I --J I '320 I I (29) ~ ; Jj (39) . 1 .... lC: ( 12) Sl.IITHTOViN J:; -- 53-1.61 51.03 <".... 120 :..J . I I , ~ , I , , _ , I I , '96 I I , , I , , , I I , , C>/..{ ~ 142.67 ~ .<:' )( ~ (3) '" .",..; - 1a:t1 '. -;'" ( 14) 3 (20) ~ '1]:.;% . u c::, "' '"--.. 1~1 :Ia ~ ( 5) -..-/ /6..; ( 1 J) ~ OlA ~~ '.,-- ': ' <D - t._. '" <> -: ~.l.--"" 320 .... lOa .~@~ 6~ ~ . \ ( 12) ~<-~\ ~ PAAT r:s: lOT 107 109 (4) 2 - (8) 1~2 160 . .~~ ... '" ~ :XU. II . k t: ~ ,COo .. Nort h I ":: UI> S (10) ,.gt~ 624.11 1 2 ( II) .("-. . .' .--- . .>" .. 3 (12) ..('.. _.... c:... ,'" ...- -, .... ~~ ~~~~ 62~.35 '~-_P -- - -- - -- - -- - -- - -- --- ." <0 N ,.....(~) ~O 1 I I. ---------------~ ..... zoo ....-..... I I : I. .>:. ..' (:3) ...~i... \00 100 100 I. ~E" ,;, ~ ,~~ ".::, r),~ 105 (.. ) .., ./ ---------- 39 ~ 38 ("35) (~f , /... ............... ";,1' . . HERITAGE DISPLAY GROUP . 550 VANOAllA STREET ST. P A U l, M INN E S 0 TA 5 5 1 1 4 JU1 2 3 l'y:ri , L 1~~V July 19, 1990 Mr. Bradley Nielsen City Planner C it y of Shore wood 5755 Country Club Road Shore wood , MN 55331 Dear Bradl ey: I am writing to you to request your help in having a street light placed at the end of the cul-de-sac on Peach Circle, the new Strickland development off of Strawberry Lane. I have purchased two of the cul-de-sac lots and will begin building a house on one of them within the next couple of weeks. Considering the length of this street, the light destined for the intersection of Strawberry Lane and Peach Circle will not benefit myself or other home owners further down Peach Circle. I am, therefore, requesting a street light be placed at the end of Peach Circle. Please place this item on the August agenda of the Shorewood Planning Comm ission for consi derat ion and approva I. Thank you, Bradley, for your help in this matter. Best regards, GROUP 6 2 646-7865 F A X 6 4 -7248 Prec. II Jo Hermann (Chair) 20765 Radisson Inn Road June Hopp 20175 Manor Road Alice Vosmek 20615 Manor Road] Hary Schmitt 20725 Radisson Inn Road Les Feichtinger 19480 Shady Hills Road Mary Fayfield 6005 Christmas Lake Road Ka'ren Meisen 5570 Shore Road Norma Hogle 6025 Hill Street Pat Hannum 5350 St. Albans Bay Road Carmen Doughty , 20740 Garden Road Prec. I Sue Grahn (Chair) 5945 Eureka Road Irene Kronholm 23630 McLain Road Maggie Kelly 25000 Yellowstone Trail Sue Latterner 25235 Smithtown Road Lenora Bache 5535 Wedgewood Road Connie Quast 24800 Smithtown Road Hary Knopik 24930 Smithtown Road Jeannie Picha 5930 Seamans Drive . 1990 Election Judges Hary Reutiman 5965 Eureka Road . Prec. III Elvera Hoops 26755 Smithtown Road Ann Leavenworth 28070 Woodside Road Hargaret Jorgensen 28070 Boulder Bridge Drive Ed Botman 5710 Grant Lorenz Road Tony Heiland 26510 W. 62nd Street Katie Snyder 5985 Eureka Road Judy HcCuskey 5250 Howards Point Road Hary Hessick 27910 Smithtown Road Jill Majestic 5840 Eureka Road Hary Ellen Schuelke 5935 Seamans Drive Prec. IV Rita Spellman (Co-Chair) 5100 Shady Island Trail Ginny Soule (Co-Chair) 4595 Enchanted Point Hilly Smith 4345 Enchanted Drive Barb Thibault 4565 Enchanted Point Harge Ringsrud 4805 Lagoon Drive 30 . . RESOLUTION NO. RESOLUTION APPROVING REFUSE COLLECTOR'S LICENSE WHEREAS, the Shorewood City Code Section 507.05 provides for the annual licensing of refuse collectors in the City; and WHEREAS, said section provides that an applicant shall complete an application and fulfill certain requirements concerning insurance coverage and pay a licensing fee; and WHEREAS, the following applicant has satisfactorily completed this application and fulfilled the requirements for the issuance of a Refuse Collector's License. NOW, T HEREFO RE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That a R'efuse Collector's License be issued for a term of one year, from January 1, 1991, to December 31, 1991, to the following applicant: Applicant Firm Name Address Michael Trulson Quality Waste Control, Inc. 1901 W. 144th Street B urnsville, MN 55337 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of August, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: Ayes - Nays - p3E . . RESOLUTION NO. RESOLUTION SETTING HEARING ON PROPOSED ASSESSMENT FOR DELINQUENT SEWER AND WATER UTILITY CHARGES, PROPERTY CLEAN-UP CHARGES, AND WATER CONNECTION CHARGE WHEREAS, Shorewood City Code provides for the City to place delinquent sewer and water utility charge and property clean-up charges on the succeeding year tax rolls for the specified properties; and WHEREAS, the City Administrator/Clerk has notified the Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That a hearing shall be held on September 10, 1990, at 8:00 p.m., in the Council Chambers of the City Hall to pass upon such proposed-assessments, and at such time and place all persons owning property affected by such assessments will be given an opportunity to be heard. - 2. That the City Clerk is hereby directed to cause a notice of the hearing'on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing, and shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED BY THE CITY COuNCIL of the City of Shorewood this 13th day of August, 1990. Jan Haugen, Hayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: Ayes - Haugen, Brancel, Gagne, Stover, Watten Nays - 0 #s~ . . RESOLUTION NO. A RESOLUTION DESIGNATING A POLLING PLACE FOR PRECINCT 4 WHEREAS, Minnesota Statutes Section 2048.16 requires every municipality to designate a polling place for each election precinct; and WHEREAS, the City Council is desirous of changing the polling place currently designated for Precinct 4. NOW, T HEREFO RE, 8E IT RESOLVED by the City Council of the City of Shorewood as follows; L T hat the following location is hereby designated as the polling place for Precinct 4 in the City of Shorewood: Shorewood City Hall 5755 Country Club Road Shorewood, Minnesota 2. 'That such designation shall become effective on the date hereof. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of 'A ugust, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: Ayes - Nays - 3G . . RESOLUTION NO. RESOLUTION REQUESTING PERMISSION TO TAP INTO MWCC SEWER LINE ON STRAWBERRY LANE IN THE CITY OF SHOREWOOD WHEREAS, the City of Shorewood (City) has approved the preliminary plat submitted by North Suburban Development Company for the plat of Shorewood Suburban Estates; and WH ERE AS, said plat contemplates a sanitary sewer lateral line tapping into the Metropolitan Waste Control Commission (MWCC) sewer line located in Strawberry Lane at Strawberry Court in the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of S horewood as follows: 1. That the City hereby requests the MWCC's permission for a sanitary sewer line in the plat of Shorewood Suburban Estates to tap into the MWCC sewer line located in Strawberry Lane at Strawberry Court. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of August, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll C all Vote: Ayes - Nays - #Cr " Orr Schelen Mayeron & Associates, Inc. . , August 7, 1990 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Brad Nielsen City Planner Re: Shorewood Suburban Estates OSM Comm. No. 4590.11 Dear Brad: JPN/cmw 08/90-cos.bn Enclosure cc: Mr. Steve Johnston, Merila & Assoc. Mr. Phil Tipka, Resident Inspector Mr. Glen Froberg, Attorney Mr. Bob Frigaard, OSM b -4 " &.21 East Hennepin Avenue ~nneapoliS. MN 55413 612-331-8660 FAX 331-3806 . ~ QSM.~elen Maye~n& Associates, Ine. Engineers Surveyors Planners Memorandum TO: Office FROM: James P. Norton, P.E. DATE: July 25, 1990 SUBJECf: Meeting at the Shorewood City Hall - New Development "Shorewood Suburban Estates" The following people were present: Brad Nielsen Jim Norton Steve Johnston Jack Menkveld jCity Planner jCity Engineer jMerila & Associates jDeveloper Following are the items discussed: .. 1. Drainage - This preliminary plat was up for review and approval at the Council Meeting last Monday night. The Council did not act on the preliminary plat due to some questions concerning drainage. Downstream to the west of this property, there is an e~sting resident, Mr. Fred Nephew, who has problems with drainage. The concern expressed Monday night was that by allowing this development to occur upstream from Mr. Nephew's property, that it was not helping the situation. Today, what we talked about was how the grading could be conducted on this piece of property to redirect ~ore flow to the east so that it didn't drain towards Mr. Fred Nephew's property. The Engineer and the Developer were able to identify how that could be accommodated and they agreed to revise their grading plan accordingly. The drainage primarily will go to the east. The pond that they have shown as you enter this property will be increased in size and the swale on the south side of the property will be lengthened approximately 100 feet. The drainage to the east is proposed to tie into an existing storm sewer system. That particular storm sewer system has been installed for many years. I am unaware that the City has easements for that particular pipe. That is another area we need to check with regards to City control over that drainageway. 2. Street - The street is going to be designed as an urban section. I told them that with the flat grade they are proposing, which is .5% that they will have to put in concrete curb and gutter. The street itself will be 24 feet wide with curb and gutter outside of that. .. . . Memorandum July 25, 1990 Page 2 3. Typical Section - The typical section on the street, which 1 gave to Steve Johnston today, is as follows: 6" of Class 5, 100% Crushed 3" of 2331 Bituminous Base 1-1/2" of 2341 Bituminous Wear 1 told him that this design was based on an R-value of 12 for the subgrade soils. If from their soil borings they find soil that is not up to this standard, they may have to do some sub grade correction and install some geo-fabric material. As of yet they have not done their soil borings. 4. Curb and Gutter - ,I told the Engineer that he will have to put in concrete curb and gutter. They don't have a problem with that. 1 told him that it could be surmountable. The surmountable concrete curb and gutter that we've used has been a modified Design D and the Engineer said they would comply with that. One of the other things that they have to take into consideration is whether or not there is any subsurface drainage pipe needed to keep the area beneath the street from being inundated with water. After they obtain the soil borings, they will be able to tell whether or not they need a draintile system in the street section itself. 5. Water - At the Council Meeting Monday night, the Council indicated a desire to have this plat be served with City water. However, the City water system is about 1,300 feet away. In preparation for the next Council Meeting, we should prepare cost estimates for what it would take to bring watermain up to this plat from the existing stub on Strawberry Lane. To minimize the cost for the watermain, we should prepare the cost estimate with the idea in mind that the pipe can be totally placed on the boulevard. 1 suspect that we might be able to keep the pipe on the west boulevard. That way there would be minimal pavement rehabilitation required. 6. Outlot versus Easement - The location for the ponding area on this property has been shown as an easement on one of the lots. At the Council Meeting Monday night, there was a discussion and a suggestion that an outlot might be preferable. However, understanding that they have some problems with their square footage, we agreed that an easement with a Deed Restriction would suffice to provide for City control of the ponding area. The Deed Restriction would indicate that no structure such as a fence could be built around the pond that would prevent the City crew from having easy access for maintenance. . . Memorandum July 25, 1990 Page 3 7. Sanitary Sewer - The sanitary sewer connection on Strawberry Lane will be to the MWCC trunk line. That is a 24 inch pipe approximately 20 feet deep. To speed things along, Steve Johnston wants to go ahead and prepare the permit and send it in prior to the final plat approval. We finally agreed with that. In conjunction with the sanitary sewer design, I told him that he and the Developer would have to decide how deep that sanitary sewer should be. This depth would be based on the types of homes they intend to build there. I suggested that they not install homes with full basements. This is due to the fact that there is a high water table problem. If in fact they do decide to go that route with their homes, the sanitary sewer would not have to be installed as deep. 8. Watershed District - Steve Johnston also wants to prepare the permit to be sent to the Minnehaha C~eek Watershed District for their review and approval. Again, we agreed that we could accommodate speeding-up the process and going along with that application being sent in prior to final plat approval. 9. Home Construction - The homes in this plat will primarily be split entry or homes that don't require full depth basements. Even so, I suggested strongly that any homes constructed in this area have a perimeter draintile system to prevent getting water in the basement. The Developer indicated that he intended to do that on all homes. ~N ' JPN/cmw \~~, 07 /90-sch.nd ~ . . . CI1Y OF SHOREWOOD STRAWBERRY LANE MAPLE AVENUE TO SHOREWOOD SUBURBAN ESTATES OSM COMM. NO. 4590.11 COST ESTIMATE DESCRIPTION OUANTI1Y UNIT UNIT PRICE EXTENSION WATER MAIN 12" D.I.P. 1,370 L.p. $ 22.00 $ 30.140.00 6" D.I.P. 100 L.F. $ 15.00 $ 1.500.00 12" B.V.S. 2 Each $ 8.00 $ 1.600.00 6"G.V.S. 5 Each $ 400.00 $ 2.000.00 Hydrants 3 Each $ 1.000.00 $ 3.000.00 Services 4 Each $ 300.00 $ 1.200.00 Fitting 3,000 Ibs $ 3.000.00 $ 3.000.00 Bituminous Saw-Cut 1,400 L.F. $ 3.00 $ 4.200.00 Remove Bituminous 1,000 S.Y. $ 1.50 $ 1.500.00 Pavement 5" Bituminous Material 330 Ton $ 25.00 $ 8.250.00 Sod 2,500 S.Y. $ 2.00 $ 5.000.00 TOTAL CONSTRUCTION COST $ 61,390.00 . + 35% Contingency Cost $ 21,410.00 ESTIMATED PROJECT COST $ 82,800.00 , . . RESOLUTION NO. A RESOLUTION CONCERNING SETBACK VARIANCES FOR CHESTER YANIK WHEREAS, Chester Yanik (Applicant) is the owner of certain real property in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, Applicant has constructed a deck and gazebo at the rear of his home located at 4245 Enchanted Lane in the City of Shorewood, the locations of which deck and gazebo do not comply with the lakeshore setback requirements of the Shorewood Zoning Code, and Applicant has therefore made application for variances; and WHEREAS, a public hearing was held and the application reviewed by the Planning Commission on 17 July 1990, and, after deliberation, the Planning Commission prepared recommendations to the City Council; and WHEREAS, Applicant appeared before the City Council by his attorney at a regular Council meeting held on 23 July 1990, at which time the City C ounci! reviewed, the application and the recommendations of the Planning Commission; and WHEREAS, after due deliberation and review of the background concerning the, application, the Council directed the City Attorney to prepare a resolution setting forth Findings and Conclusions approving a 15-foot rear yard setback variance for the deck and denying all other variances for the deck and gazebo. 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 a lakeshore zoning district which requires a 50-foot rear yard setback and a 10-foot minimum/30 foot total side yard setback. 2. T hat a 15-foot rear yard setback variance permitting the construction of a deck extending up to 35 feet from the lakeshore had been previously granted to the Applicant in 1981. 3. That Applicant has constructed a deck at the rear of his home which extends up to approximately 28 feet from the shoreline ,and has constructed a gazebo which extends up to approximately 35 feet from the shoreline. 4. That Applicant has previously applied for variances to construct such deck and gazebo, and on January 23, 1989, after due proceedings, the City Council passed Resolution No. 10-89 denying said variances. 7 . . . 5. That notwithstanding the City's denial of such variances, Applicant has refused to proceed with the removal of such deck and gazebo which remain in violation of City Zoning Code. 6. That Applicant now proposes to move the gazebo to the east side of the lot so as to conform to the 50-foot lakeshore setback. However, a move to such location will then require a 7-foot side yard setback variance. 7. That Applicant has requested that the deck be allowed to remain in its present location and has reapplied for a 22-foot rear yard setback variance. CONCLUSIONS 1. That the Applicant has presented no new circumstances of hardship not previously considered by the Council in its Findings of January 23, 1989, which would warrant a change in the Findings. 2. T hat the property can be put to a reasonable use under the conditions imposed by the Shorewood Zoning Code and pursuant to the 15-foot rear yard setback variance previously granted to Applicant for his deck. 3. T-hat the present plight of the Applicant in respect to the location of the deck and gazebo is the result of a circumstance created by the Applicant and is not in itself an element of hardship. 4. T,hat Applicant has not met the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has not established an undue hardship as defined by Minn. Stat. Section 462.357, S ubd. 6 ( 2 ) . 5. That Applicant's requests for a 22 foot rear yard setback variance for the deck and a 7-foot side yard setback variance for the gazebo are hereby denied; that the 15-foor rear yard setback variance previously granted for the deck is hereby confirmed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of August, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator I Clerk Roll Call Vote: A yes - Nays - OF.!( P. nllO:< alPf It... iis.aeS. ~ o!<1f M. r..!.MH. lQt..U" L KA",n!t 1t()1od 1. rprt!C>H' etR.T G.. WU!~ .o1E!lT " E.\.'<tlO 'rrrTC A. UJ,DI.'t OEl!.AT >>. V't~tn.oc;x: Y~o."U 10(. t.\LU" OfllltA.Sll. ~NO OHN ll. >"'OUT A.MJ:.J 1.. MlW- -'!-I"~ x. -~:p~ O"''I.~-ttK A..Z$AEN 'It- "....CX olCl r.. row~~ .~r.rI_.ll Qt1'Cf1"[NT.JOtf~""4 """'0TH"f M. H!.v<n' ~~:;::~~ ~~ e. .r.'lIJ<,~ Tll.OMAI' W. UU'.lO" jOtCf A. M 'fOIUUI ",-.:.u.1.L A. .trIl\>>' \ . . FREDRIKSON & BYRON :-'!n. Ik \'o'TllCAl'T W1~l.lMC I. .~ JOt'rS )1. 14D..C-$ 7)(.O),(,U L n..A:J;l.Jt OLS:!N a. A y-.,u JOHN A.. C,-%M$TAO ~)UC ~ A..."ior.:~ =>AV1Dl<<.. !;\..H~ 0'",,,,.0-(:. (;.,.0"-"'''':) I:O~D J. nJs:;cvJ-"tJ( l..-.A.W J. ~!RO ]OK>< J. ;''''''T ~~~~iiO^S: "V(;JtJ..' JOMw U. J:OM"I'CJC -reO~ 1t. -WlUZ.!1J.N ~Al."'L L. LNf'DIt.'l Q..-r ti. l-I.,Ulr.J.ON' -:'%:]s.~~ '.A.:!')tJCU.I.. W'tRO~ ~0CI~\Jt,. A. 11"'1"-:>0 rJ}n'u, 1:';. .~"'R1"2 jAJ.U1 &.. )luT'f :::11' V1~ P. &:J1f:iC 11.," lOlOWl. '$ A fftO!ES5IO:iAL ~tSI10:( NC'H-:\lIlD .\.. .cr..5 ~A.\' P. 1'.-\11101 3M.A.ttON ~- llUlLJ\ ltOUXT x.. KA,."(U'M H.~"" ., JU.':tm t,..ur.A"! D. KIlt;n CU:r:"ON t. o.."'T1..JlK RA..'''1)T a. 'EV-'-~ StJ'l'" A ,. ~'lum2F.$ MAA"i :to. )AU~",N: 1.4cm J.j\Ct.l.lOX ROnl'T c:. ""....,.,.1.'. Ill. A,Ksl ).(. lV.oo\.r,.::,.1Q. t1,MO:-l c. .e<r: 1-'J.;,Y L t:t1LA..'\*:> L~ M. GA1':)nl i:f~1~'n ~~01l0AH OM:t't1. J.. M.A.!'J"T'E'US .st..~"f 1. ~..uc<c:m~ NA:iCT 1. cmrr..A xO,OA roO u.Y'U JJAACUY r.. ~ C'ti"VIJl.tON 1100 tN"l'I!lu/Nl'lO:V.L ct:l'l'ltll 900 SI.COND AVENU~ SOt:TH MINNEAPOLIS. M!~;-.tSSOTA 55402-3397 TELEX Z905li9 FREDRIKSOS :,tPS TJ::L&COl'Ii.R (6UI 347.1071 TJ:;LEI'HON& (05111 347.7000 WlU'ttR'S DIRllC"!' DL"L (612) 347-7031 I ti ~ N. !.ex ......u4 )d~ t..\DO Ki\AY A:n-.CQ1.Q\"'rC jQ:i c.. wuc~ iO",,'!f". cJ:m c",~'-l.'(I A. Jl.U1)!:fla elt.!1'JO~Y' o. '~AG DA"LD~. MAUH..A.l.L RO'D.T !; tt.:wM1' Po CHll'l' .AYLO~ C\")..'TloCAO. r:sucuJt ~..IIAJ...'d. '!'ODb )... W1:OfD JAT t.. ,;J.... lC"JI'- . ~.Ir.JUoOSOt( lAY'';, QuAM . .......1'tAJI,~O.~:t]\ Jl!O.......ul t.. COlJ,,'tl bT1tUtM .l. l:Ur.~'1t w~... OAV10 TAV';...OII. n1 !1)WA.~ $. llOTCMYJ..!j, t1fOMA..\ .~ .A.lO()OLO August 7, 1990 w.t,t-' J. W1.tO'KT CUttoO~~ - o. eO',llllllt. 11.IooI\0't.O ,..... FUDI'..lX.SO.'" bM. P. DIUINIK ....d. '0 cot.lOI\ll. lB. Memb~'s Or thQ City Council city of shorcwood 5755 Country Club Ro~d Shorewood, Mi~neGota 55331 RE: Yanik, Chester - sideyard Setback Variance You t F i 1 e NO. 405 ( 9 0 : 1"6) Honorable Mayor and Council Membef$: rt-l't~ODt1CTION. I write this letter on behalf' of Mr. Chester Yanik requesting further consideration of the Council's recent direct1ve for the city attorney to prepare findings denyinq Mr. Yanik a sidelot variance. This matter was heard by the Planning Commission on July 17, 1990, and by the Council on July 23, 1990. The council will consider findings at its next meeting on August 13,' 1990. ' REASON ~OR REQUEST FOR RECONSIDERATION. The council did not fully consider the merits of thesidelot variance requestl having taken it~ vote before hearing applicant's comments. HISTORICAL COMMENT. Applicant desires to have this request considered setting aside the unfortunate history of the situation with respect to which he acknowledges his share of responsibility. Mr. Yanik has been informed that the City will consider the sidelot variance as a new request. However, there is a cont1nuing sense that fresh consideration is encumbered by a sense that Mr. Yanik acted in direct defiance of the City'S or~ers to remove the gazebo. Mr. Yanik asks that the Council members consider with some understanding the ~'operty owner's perspective. First, Mr. Yanik never received an order from the City to remove the gazebo. The final City Council action (January, 1989) merely denied his request for a variance. Mr. yanik's undQrstanding , . . FREDRIKSON .g, BYRON A. ~~c."'>~MS:O!-:^L ,\!-60CtA T!ON' Membere of the City Council August 7, J.990 Page 2 waa that the City would, when it determined appropriate, commence l~gal aGtion againGt him to obtain a court order requiring him to remove the gazebo. Since Mr. Yanik intends to vigorously defend against any judicial action to remove the gazebo, it cannot be expected that he would remove the gazebo j n r.hE;' i.ntet'im. Second, oince the City controlled the timing of th~ judicial action, Mr. Yanik was left in limbo; it could be months or years before legal action was started (and certainly ~sveral years before II would be r~solved given court calendars). At the l:llill;! of vaJ:ian~e denial, thG 'jazebo construction was significantly in process. Mr. Yanik felt he wa~ not in a position to leave the project open to weather deterioration and as an eyesore for a't, least the :i'car or two that judicial resolution of the dispute would require. ~hus, it was not with an:l intenti.on to express defiance (but. me.cely a recognition of the likely ,time delay to resolution) that Mr. Yanik complet.ed the gazebo c~n3truction. Thi rd,i l:: Ghould be remembered that j-I r. Yani k <.1 i u nut cCJInplE::te const::ruccion until he had ~xho.usted all administrative avenues kno~n by h{m: to be available. In fact, he suspended construction (fot which he had a permit) as soon as be learned chat the~e mi9ht be any issue regarding a variance. Finally, it must be remembered that the present request for variance wa$ sparked ,by a letter from the city ordering Mr. Yani.k to remove the gazebo or seek dU administratiVe'solution. Hr. Yanik has re~ponded promptly to that letter and by this variance request is seeking a non-judicial resolution of the problem. MERITS OF VARIANCE REQUEST. ~he proposed variance request consists of an intrusion into the sidclot setback of less than 100 square feet on the ea~t side of M(. Yanik's property (approximataly 7 feet d~ep and 14 feet wide). A number of f~ctors point toward a favorable consideration of this variance request, including the following: A. The parcel was created by the combination of two very small lots. This combination was prompted in part by.a desire of the City to increase the size of builda~le parcels. However, the parcel remains of a substandard siz~r and therefore/ the need for variances from time to timo is almost assured. In fact, several variances were granted co build the existing house. In .-!"'l>::.....:.~ .. \ . . FREDRIKSON & BYRON A rIlCn:.......'O:-<Al,MSOO;I.\TIO:-< Mempers of the City Council August 7; 1990 Page 3 most caae~, ~he normal proces~ of adding amenities to a hous~ would not require variance3 because sufficient buildable area would remuin around the house foe this purpoHe. In the ca~e of a substandard size lot, this buffer urea simply does not exist and the need for flexibility in enforcing ordinances (which, of course, presume ~tandard size lots) is increased. B. Becaus:e th€ pureel is relatively shallow,. in ord~r to avoid encroaching along the lakeshore setback, the hOUUB was built parallel to and almost precisely on ~he lakeshore setback line rather than parallel to the . aidelot lines (as would be more typica11. This p1acemQnt was prcoumably used to avoid the need for a "sensitiveft 'lakeshore setback va!iance. one of tne speuificspecial condiLiona in the city ordinances for varIances is the ~hape, narrowness, and shallowness of a parcel of property. All uf these factors come into play in thio situation, as well as the fact that the lakeshore setback line is not perpendic~l~r to the sidelot line. . C. Within the last few years, the sidelot setback has b~.n increased from a minimum of 10 feet each side (eotal of 20 feet) to a minimum of 10 feet each side (ho~al of 30 feet). Before the change, the subject property had ~etween 20 feet and 28 feet of buildable area on the east side as the primary expansion area. with the burden. of the entire 10-foot setback increase falling onthQ~ast side of his house, Mr. Yanik's buildable area has been substantially eliminated since the 40-50% reduction caused by the setback change rQnder~ the r~mainder of the east side buildable area almus~ unusable. The practical effect of this setback change 10 that the small triangular corner of Mr. Yanik's hou~e on the northwest side (p~rhaps less than 100 square feet} will, if the new setback ordinance is ri9idly ~pplied, eliminate over 300 square feet of builduble area on the east side. D. It should be noted that the subject property has an average of almost 50 feet of sioe yard setback (both sides) if one look~ at the distance between the building and the lot line at any point from the front to raar of the house. Because the lot lines are not parallel with the building lines, this 50-foot setback is composeo of differing amounts on each side of the ~':""~""'. ..... ".. ... "n.," . . . FREDRIKSON & BYRON ^ PP.O~MOW.t, ^~SOC:^TION Members of che City Council ~ugust ~J, 1990 Page 4 house at various points f~om the front to rear of the house. Nonetheless, in fact, this property has an average of 2.0 feet more $~tb~ck l:.han is r:equired by City oruinance. E. The new ordinance continues the old requirement of a minimum of a lO-foot setback each side. The requested variance will maintain a minimum IO-foot secback on the west side and a minimum l3-foot setback on the ease side (eotal of 23 feet). Because the applic~nt has almost 50 feet of ave~age total setback, in order to approve this variance, the City nceds only find that the "extra" seven feet of setback needed c~n be accumulated in a slightly different fashion th~n' is typical (that is by triangUlar shapea piecec from both sides of the house rather than a single rectangul~r Shaped piece from one side of the house). P. As noted above, the requested variance is for less than 100 square feet of se~Dack area. Applicant has offered co "give up" perhaps 250 square feet of buildable area on the west side of his house. G. A flexible application of the City's sidelot ordinance rule with respect to properties on which lot linc3 and building lines are ~ot parallel would not adversely impact the goals sought to be accompliShed by the eidclot setback restrictions. Further, a flexible approach would p~ovide owners of such properties with usability oE their properties similar to properties which have not been so affected. AS noted above, without some sort of relief, owners of such properties WoUld need to devote more square footage to sidelots than owners of propertie~ on which the building lines and lot lines were paralleli this problem is particularly ~cute in the case of substandard size lots. I would appreciate the opportunity to further discuss this request with members of the Council at its next meeting. DRB/kja/2720F ---- - -._- t . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 aEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 2 AUGUST 1990 RE: IlliDERSON, W. ROBERT - SETBACK VARIANCE FILE NO.: 405 (90.19) BACKGROUND Dr. W. Robert Anderson requests a setback variance to construct a solarium on the lake 'side of his home, located at 5725 Merry Lane (see Site Location map - Exhibit A, attached). The property is zoned R-1C, Single-Family Residential and is also subject to the requirements of the S, Shore land District. The site is occupied by Dr. Anderson's residence plus an existing guest house. The property is accessed by a private road extending south from Merry Lane. As can be seen on Exhibit B, the existing home is nonconforming with regard to the re~lired lakeshore setback. While the required setback from Christmas Lake is 75 feet, the house is only 52 feet from the ordinary high water mark. The guest house is even closer at 30 feet. The proposed addition will extend three feet further into the setback area, requiring a 26.5 foot variance. The applicant has provided the following exhibits: Exhibit C - Existing Basement Floor Plans Exhibi-t D - Proposed Building Elevations Exhibit E - Example - Proposed Solarium His request is explained in a letter dated 27 June 1990 (Exhibit F, attached) . ANALYSIS/RECOMMENDATION The floor plan of the existing lower level contains approximately 1636 square feet of area. Although the upper level floor plan has not been provided, it appears likely to have approximately 1750 square feet of space. The guest house contains an additional 336 square feet of area. Given this amount of space, it is difficult to argue that the applicant has not already made reasonable use of his property. A Residential Community on Lake Minnetonka's South Shore ?S . . Re: Anderson, W. Robert Setback variance 2 August 1990 Neither the applicant's entertaining needs nor his interest in botany constitute hardship. There is no apparent reason why walls on the southwest end of the building can't be opened up with more glass to accommodate plants. With regard to maintenance of the existing structure, nothing in the City's Code prevents the applicant from repairing the structure. In fact the existing enclosure can be converted from screens to windows, as long as it is not enlarged. In 1985 the City relaxed its rules relative to nonconforming structures. Prior to that any expansion of a nonconforming structure was prohibited. The current Code allows the expansion of nonconforming structures, provided the nonconformity is not increased. In light of the preceding, the existing use of the site is considered more than reasonable. Approval of the variance is therefore not recommended. BJN:ph cc: Larry Whittaker Glenn Froberg Dr. W. Robert Anderson Lloyd Ellingson - 2 - 6 ~ ~I)'- ,-, ( 8 >'" '" ..... on '" '" ~ ,/ >/ (LOT 1~4. AUO SUE!) 120, X. RMVEO FP'lIot TAX RECOROS) '. <', ~lUJ[Q) ~UJJ~ID> ~@ 1 ~[>> .... 145 ( 10) .:". . 4) TT. AVE J"" ' J'", )',~ - J- 1~ 1~9 '" ( 12) on ( 11) ~ 153 ~ ( 15) ~ ,<, '-...' .> - IO~ 5 100 -...;..-:-" I ;"", , " )\ ,/ 191 \.- \', .-\ t. ~~ :-;; ,'" (2) '(to I 190 3RIJ I I I I I I I I I I I I I I I I I I ~---------- I : 148 I I I : (6) I I ... L___________~ I I I I I I I I I I ... 0= a: 1~6 ('39 ) \'i~ ( 5) ': 4) 1.t:F : ,..... :~ - ""F ( 18) -~-----------::-------~ '0, ;:: A 156 -;;.,.. "'.' "': 157 ( 2 I ) '-~! ,; ~ V' UJ :.:: <; -----_._--~~~------------ ~ - (20) '. ',,:;.>.., 6O~.9 .....:. 70 A ::: .:.:;". ~ <). ,,<' (19) c (7) ''3' 161.5 _____~~~~________8; , , I I I I I 0 , : f"'ll/') r-'----3--------------------- . <; : :t~ -N ~;., I I 5,("........ ~ I I - .- ."' . a: , : i5 25) (24) ~'3! (27) ",. .' 7 263, <'~ 376,6 (22)-c~.....";,,,,,,,') .:::-, ) I (I) ,./" 26'3 I - ~~~~~~~~~:~~:~~~J------------------------------ : 151 .:^'-- I I I ! \.S' .. (26) ~ ~.-, '...."'. ..: .. #' ( 28) . Nortk I" '=- 'Z..Dt:/ -s" ~ j.ctc..t 6',,,~ ~~ t~w.~~ ---- -r--- ----- 33 ( I,) .$:;:: ". ( 23).:::' (;. (13) ( 2) ( Ie) Exhibit A SITE LOCATION Anderson setback variance GOVT LOT 4 ~ . . --I"~.~'_- I I hl__l r- -\ 2." · J L~.~ I { I I . . 5. ~~~-,~ .. P~I'r'E- . \.' I ,10 I I ~ ~ '" '" I 1 Exhibit B SITE PLAN . . 2.e;~.o" -----0--"1 ~IL.,.. Fa:>1-1 ~ 5.5 / )l. )'B ~ /S"tjD I" ::. 9ft" It, " -- It, 3(, tjJ j~/~ -+ 1/4 (/750 ;;) ~ i1~J ~ ~ L.IN~ D~ peU. H;#{~ "1 I I I --+ ] pi ~F~"'eo '<:l ~I i ~:fl ~ .,: ~... '] 11 i JI ~ , ~q~o" f~ "='I~ F! ~~k:.~ i.::j----r- -- ~f'a:>M ! , ~ J~ GAwre. ~ QQ <-( ~ ~ ~ ~ . \) " '*- ... II:"" ,. ., ,I ' '/ ~-o ~~ j1Z~~ \.J f""\ EXIST. BASEMENT LEVEL P[AN \ ) Exhibit C LOWER LEVEL FLOOR PLAN Heavy dashed lines indicate proposed addition . tlre-5T f~ ~L- . ~~.~ ~1':1T: !..."i"''='U::>IN6io tl<i~.. ~ ~er. ~K. ~~I~ O ~ fa::f ~~ ~G.lC:. - W'tjaJ !:t(19'T. .'9'WNf:> ~~S I / : ~-.rl)(eO ~C:M~ 1'1"'1"1. I"iDjo/. : HA~-ovr ~f;lI/T ~~I,.. t"I~. HoLJ~e o ~ARTIAL SOU~H-ELEVATION- m D I ~""pec:> Gl.WN'1 ~e:N" ~PH~. r -< - ""'.. <m-r. ADDlilON f':)(1 ::>-r. rbtJ '71::> n PARTIAL- EAST-ECEVATION Inl Exhibit D PROPOSED BUILDING ELEVATIONS .. . Exhibit E EXAMPLE PROPOSED SOLARIUM ISRAELSON REESE ELLINGSON & ASSOCIATES. INC . . ARCHITECTURE. INTERIORS ENGINEERING. SURVEYING June 27, 1990 CITY OF SHOREWOOD Planner and Planning Commission 5755 Country Club Road Shorewood, MN 55424 RE: Variance Request 5725 Merry Lane Dear Planner, Brad Nielsen, and Planning Commission: The house owned by Dr. and Mrs. Anderson at 5725 Merry Lane in Shorewood was designed and built in 1960. The Andersons bought the house in 1975 and have lived there since that time. The house is located on the northwest side of Christmas Lake. It sits on a hill approximately 25 to 30 feet above the water level and overlooks the Lake to the southeast. Although the house was very well designed, there are a number of areas that the Anderson's would favor somewhat larger--those areas being the screened- in porch at the lower level; and the kitchen, master bedroom, master bath and closet at the upper level. Because of the kitchen being the size it is, Dr. and Mrs. Ander~on do much of their entertaining at the lower level where the screened-in porch is located. It is on this lower level where the Andersons would like to build a four-season porch, or solarium, and the reason for applying for a variance. Since the house was built, the City's ordinances for lake homes have changed. In 1960, when the house was built, the setback at the lakeshore side was 30 feet; now it is 75 feet. Because of this setback change, the Anderson's cannot build their solarium 3 feet larger, even though the deck at the upper level projects out to the plane where the Andersons would like to construct their solarium. The hardship that the Andersons are feeling--and another reason they to increase the size of the solarium--is -that Mrs. Anderson is involved with botany and has plantings throughout her home and yard. larger solarium would house many of these plants she cultivates and provide them protection during the cold winter months. wish very The would X~(}(} N()R\lA~DALE BLVD.. SUITE _,~J BLOOMINGTON. \IN 55.B7 TEL Inl~) XJI-nnJJ FAX In12) XJI-n39X Exhibit F APPLICANT'S REQUEST LETTER . . City of Shorewood June 27, 1990 Page Two Also, the screened-in porch built in 1960 HAS DETERIORATED to a point where replacement is necessary. It is important~at we keep existing properties in good condition; if we do not, we could experience a wider deterioration of val ue s . The Andersons are not asking for a large addition. Because of this fact we hope you can look at this request favorably and approve the variance, enabling the Andersons to proceed with this project. Thank you for your consideration. Sincerely, , ~~~ Project Architect LOE/pab cc: Dr. and Mrs. Anderson Exhibit F-2 .. . . June 24, 1990 Shorewood Planning Commission Shorewood City Hall Shorewood, MN 55331 Members, Shorewood Planning Commission: My wife, Carol, and I cordially invite you to visit oUr home to inspect the site for the proposed conversion of a screened porch to a solarium. We feel that this would asthetically enhance tne property not only from our perspective but also as viewed from Christmas Lake. The proposed solarium would extend only to the level of a deck which is already in existance. Thank you for your consideration. Sinc erely , aJ,R~~~ w. Robert Anderson 5725 Merry Lane Excelsior, MN 55331 Ph: 474-1697 Exhibit F-3 \ . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEHORANDUI"i TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FRot-I: BRAD NIELSEN DATE: 1 AUGUST 1990 kE: WALDIN, ROCKFORD - REVISED PLANS FILE NO.: 405 (90.17) Having had his setback variance request tabled at the July Planning Commission meeting, Mr. Waldin has submitted revised plans for review by the Planning Commission (see Exhibits A - C). The new plahs maintain the previously proposed footprint. The second floor addition, however, is now proposed to be constructed above the new addition rather than the existing main floor of the house. The applicant's architect points out that tying the new second floor to the existing structure requires some encroachment of th~ new roof lines into the setback area. As mentioned in the previous staff report, any addition to the structure will require some variance. Assuming the addition is a reasonable use of the property, the roofline encroachment is considered essential. The revised plans still propose to enlarge the three-season porch by six feet. This additional encroachment to the lakeshore setback is not recommended. With the exception of the screen porch, the applicant and his architect should be commended for adapting their plans to the site as well as Shorewood's zoning requirements. It is recommended that the porch variance be handled separately from the remaining addition. While approval of the addition is recommended, approval of the porch is not. BJN : ph cc: Larry Whittaker Glenn Froberg Rockford Waldin Paul Hannon A Residential Community on Lake Minnetonka's South Shore 9 1 o ~ -I m \) \ )> I \ 'I. . . i': ~ 1 I -t 1 I I r I! Ig Ii \1 \1 \ \ \ \ \ I / ) / II / f i '" = - '--'" -r :> :::- -./' r- :::- ~ Exhibit A REVISED SITE PLAN Waldin . var1.ance .... -r::r---- ----- I 1 I ~ I ~ 1 ff I I c :g ~ h P ~ i ~ ~. ~ .q ~ ~ ~~ ~-I ~ ~ ~ _1 ~- I.\. . I, ~ t3~ ~ ~ '6 ~- ~ ~- Q i !: 'it { ~ { n >< . -+ L --.----E3-lr . ' ~- iH C 1; -l~t C 11 :;t'"~ "Z- -.G'\ j ,,'.d t>. I.~. :I Ii'~ 0 C rn ~ -z. ~ p ~ I3 Q \I' { -:J~ = """ < f11 ~ 2< ~l ,- Il. 11'_ II ~ i.,.> ~ ~ \.. I{: ~ ~. a-Q] I I I I I I I I I I I I I ~-------J. L---------1 ~- '% ll' -T""""-~"--~----I Jl' >- " >- G\ II ~ I\. ~ j -'-l ~'~ I) ~.- -tL t 1=r \ ~ ~ ~ ( f_ ~ I ",'-d' __J=~~-=_=-~==~~__--.-:-- ~~--____ j~l 101-01 woo' .,.,'...0' . , I:-:~-::-----' l~::--:-------:-:-- 1'---.-'-' ~.~'6--":T~A Exhibit B FLOOR PLANS - EXISTING AND PROPOSED I . :E ri ""'"" -+ -:z:.. ; rn c::> r- -,:::::1 rn -t- <: :::x:: >- -+ 0 rn 7- . r- fI1 .c::::::: :P- -t- C) -;z:.. , I .'., I rn :x=- ----- ..-;- '-'" 0 rn c:: hi -+- -c:::: ::::I: ::x:- =T r-n <:::I -z... , TIl < )> -l- C> '";t::.. c:J dl ,. ~~l ,. " ,I . .... \~~. l wr. I'torTle>J-l1b;m, .,.'!1:J'10 CH1'10fE+-l~ - ~LDitJ ~~k 4-l CH(('ISlW5 \..,Af-E::. &1?r? HE1-f..i t..4~- eH~~P "W,~;:"" " .. ....'T..:.. .-. Exhibit C REVISED ELEVATIONS \~ . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Wanen CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 r1El-'1ORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 3 JULY 1990 RE: WALDIN, ROCKFORD - SETBACK VARIANCE AND C.U.P. FILE NO.: 405 (90.17) BACKGROUND Mr. Rockford Waldin has submitted plans for the expansion of his home at 5755 Merry Lane (see Site Location map - Exhibit A, attached). Since the existing house is located entirely within the 75 foot lakeshore setback for Christmas Lake (see Exhibit B), a variance is necessary for virtually any addition to the home. The existing home contains 1209 square feet on the main level with 378 square feet of tuckunder garage and 432 square feet of basement beneath it. As can be seen on Exhibit B the applicant proposes to add a 21' x 44' addition on the west side of the existing structure. From that he proposes to extend a 24' x 28' garage with a 16' x 18' workshop on its south side. A 19' x 24.5' second story is proposed over the north end of the building, plus a 11' x 12' dormer for the stairway. He also proposes to expand the existing three-season porch from 10.5' x 14' to 16.5' x 14'. The total amount of new living space proposed is 1606 square feet. New accessory space totals 960 square feet. The total of existing and proposed space is as follows: basement 432 square feet main level 2217 " " Gecond story 598 " II garage/workshop 1338 " " The property is zoned R-1A, Single-Family Residential and, according to the applicant contains approximately three-fourths of an acre. The setback problem is complicated by a driveway easement which serves the property to the south of the applicant's. Strict interpretation of the Zoning Ordinance requires a 50 foot setback from this driveway or easement. This and the lakeshore setback render the lot almost unbuildable. For purposes of this report, we have concentrated on the variances associated with the lake shore setback. A Residential Community on Lake Minnetonka's South Shore . Re: Waldin, Rockford Setback variance and C.U.P. 3 July 1990 . As proposed the following variances are necessary: second story addition 33 foot variance porch addition 19 11 11 main level addition 9 11 11 In addition to these variances, a conditional use permit is necessary for accessory space in excess of 1200 square feet of area. Mr. Waldin explains his request in a letter dated 4 June 1990 - Exhibit C, attached. ISSUES AND ANALYSIS Mr. Waldin has been working on his plans for nearly a year and has met with me on more than one occasion. In discussing his preliminary plans, he was advised of the criteria for granting variances and that historically the city has taken a conservative posture with regard to variances to lakeshore setbacks. Given a choice between a lakeshore variance and a variance to the setback adjoining a private road or driveway, it was assumed that the City would opt for the ~atter. Based upon that assumption, it was suggested that any expansion of the existing structure should be away from the lake. While Mr. Waldin's preliminary plans were prepared on that basis, his application now includes adding a second story within the lake shore setback. Following is an analysis of each aspect of Mr. Waldin's request: A. Main Level Addition. The-21' x 44' addition encroaches only nine feet into the required setback area and is consistent with the direction suggested to the applicant since our first discussions. As noted earlier, any addition at all to the existing structure requires a variance. The main level addition minimizes the variance as much as can be expected. B. Porch Addition. The applicant proposes to lengthen the existing three-season porch by six feet, all of which is within the setback area. If expansion of the porch is considered essential, the plan should be modified to extend it westward. C. Second Story Addition. As proposed the second floor increases the nonconformity of the existing structure. The applicant's previous plans proposed a design which went up from the proposed main level addition and over the new garage. It is recommended that he be directed to reconsider his earlier design alternative which minimizes encroachment into the lake shore setback area. D. C.ll.P. - Accessory Space. Although not referenced in the legal notice for his request, the amount of existing and proposed garage space (1338 square feet) exceeds 1200 square feet, thus requiring a conditional use permit. Even without the second floor addition the area of accessory space would not exceed the area of the principal structure. - 2 - Re: Waldin, Rockford~ setback variance and C.U.P. 3 July 1990 ~ RECOMMENDATION The applicant's proposal is somewhat similar to the Weissner variance request reviewed by the City this past year. While expansion of any kind will require some variance in this case, it should be minimized to the extent possible. It is recommended that the variances for the main level addition and garage be considered favorably. The applicant should be directed to redesign his plans, however, to eliminate the second floor and porch additions. Given the extent of the expansion, every effort should be made to make the new space comply with setback requirements as much as possible. It is worth noting that the applicant has a right to a decision on his plans as proposed. If he is unwilling to modify his plans, and the request is denied, a similar request will not be heard for six months. BJN:ph cc: Larry Whittaker Glenn Froberg Rockford Waldin - 3 - ~IJ{ /J '-T . ~ ,/ <- (lOr loU, AUO SUE!) 120 /';; _0 ...... ,.. RECORDS) SU~~ OOOCD 1~(ij "5 ( 10) ..... AVE J'b ~t~ 1:11 ( IZ) <'- -''''/ 15;:~1 (1'3) 153 ~ (15) -s /., '-'(I ~ ~vbjt.CJt $t~ IDO 8) <5' /~ (19) 'h . 0= a:: ~~~~ 0' 156 -" (Z I) ':J ~ ~~~ t~~t~ -...-.... -.. -- - -- -.. -.. - -.. -- ... ,..- w ~ '-~..~:~~:_,~;;~m ( Z'3) . Nort " Net to ~u. t.L /,Ie ....... :..:':: \o__4".r (Z6) ~() r- ; (It) -i -------1 I ( Z7) 6.6 (I) '/., (1'3) (Z) " ( Ie) GOVT LOT 4 @ Exhibit A SITE LOCATION Waldin variance and c.u.p. \ ~. \~ ~ ..,.., L75' / --- / --.... I . I +----- ~ ='" :;I': c;- ~ -f- 1 I \ h Ii I~ Ii \! \1 l'~"fO~e.~ \ j L.~~--.Ac.cl ~-\or1 \ 'fit ~- \ ~ \ ~ -t- \ .~ \~ \ I J ) / / / / / . -' 'i" ,,- "'.;. - L~K.t. ~~:t~K Exhibit B PROPOSED SITE PLAN . . June 4, 1990 Mr. Bradley Nielsen City Planner/Building Official City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Variance Request 5755 Merry Lane PID # 35-117-23-14-0002 Dear Mr. Nielsen: Attached please find an application for a variance, as required by the City of Shorewood, to build a garage and living space addition at the above referenced address. Due to the position of the existing home on the property, a setback variance from Christmas Lake will be needed. This request for a variance is necessitated by the following hardships: * The position of the existing home on the property makes a totally conforming addition impossible. The home is completely within the 75 foot setback from the lake. Any addition will require encroaching upon this area. Our goal is to minimize this encroachment while fulfilling our building needs. * An easement through the rear portion of the property, which allows access to the Andersons' home as well as the installation of city services, greatly reduces the buildable area of the property. * The layout of the property and its topography further restrict the buildable area. The land slopes towards the water, causing a need for excavation for any construction behind the existing structure. This, plus the easement, also makes it difficult to position a garage having adequate access and egress. Exhibit C APPLICANT'S REQUEST LETTER . . * The existing home has a single car tuck-under garage, which offers virtually no storage space for outdoor equipment. Presently, the vehicles parked outside may be considered an eyesore to other lake residents. We are also concerned about theft and vandalism, especially with the close proximity of the Public Access. Users of the Access frequently picnic on the adjacent property (owned by Interstudy), less than 20 feet from our vehicles. The building plan, as presented, is our best attempt to minimize the impact of the new construction on neighboring residences and its visibility from the lake. It is almost entirely behind the existing structure, and will complement the existing natural tree and vegetation growth. It will compare favorably with the surrounding residences while making reasonable use of our property, which totals about 3/4 of an acre. Based on all the above factors, we respectfully request a variance be granted for the proposed addition. Sincerely, Iddr ~ Rocky Waldin & Judy Christensen-Waldin Exhibit C-2 ~ ~------ ----- . g. i I II" ! { \ fiT I <- \ W \ J r I i '- I\.) I I I I I I I I I I I ~------------_____J t L ~ ~ ( U 7' < ~ ~ 1: { I I I I I I I 1----___-1 I I I I I , I I 1--------1 (\\ ) 7' ) Q\ '" ~ ~ L__, 0 HANNAN ARCHITECTURE II II II )I II II II II II II I I JJ I~t hf i1f ,I r t I II II j lif I' f J!J; ~ ~ \'J> ! ~ --r;;;;.;- ~--- ~ :t -f{ ~f -.J1.H"~1"I'\o TItE: ,At::PI11oN 1Z> 11-IE:: ~~~L~~ ~~~~~ t:f1~ ~,~ . Il 'X (r -f I (J' I \\ C. \Jl (P Exhibit D PROPOSED FLOOR PLANS r=u:x:K ~ X.IIPd . ..! <:! ,\ ~ ~ L' t'lt'l 0 XX ~ H::T III CIl ...... Ii t-:lCJ H ...... ...... Zrt III C) <: t'l III 'TJ ...... L' 0 0 ~ '"0 L' :J> Z ,. '.' ., ----1 I I I ---1 It\ ... 6x/5T/I'/& U~K.N::">f:';; /tJ&j--t0(7f6<-5r--?:F ': ~ ~Oll {3:1t./'5 r /Nb .CK,t:l,tIJ~ GrAGe:: '>- ...9 ~ ,/1 II ""r'~ "0 ii:~ 1''' .~:;~.('..' r.:-'/."C-T IIk1 - ---~.-- C~ TO)' /~:.ji.::' - (/~ "" J fJ\ ,v N ~I . ,/) ';0 1/ i::X1 D ///lk:7 t- ._.._ ';"';~:C:)(~h!/h Tt--:;;L,: .--.--- :"" . r f1\ \Jl -\ L -9, rl' ~ r r1\ n\ < r 't>- nr -\ <- ). -\ \) . - L \) L f\l p \J) ~ \) C f\l -t I \ \\l w < r ).. w -\ ~ \) :! C> T L -'<; / w HANNAN ARCHITECTURE t>>T1o~ .JuH" IO,I9'\D Exhibit F PROPOSED BUILDING ELEVATIONS E:t.-EV~-nc:?t--IG 1&'.'.,1 . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 HEl40RANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 3 AUGUST 1990 RE: BOWMAN ADDITION - REVISED PRELIMINARY PLAT FILE NO.: 405 (90.12) Mr. Bovnnan's plat was tabled at the July Planning Commission meeting, pending resolution of a number of issues raised in our 5 July staff report. Since then the City Attorney and I have met with the Deephaven City Attorney and Engineer, the applicant's realtor and his surveyor to discuss the plat. Following is how the issues have been resolved: 1. The revised plat (see Exhibit A) shows the municipal boundary line as a property line. 2. Accordil~g to the Deephaven I s Engineer, virtually all utility service will come in from Shorewood, due to site topography. 3. Both Shorewood's and Deephaven's setbacks have been shown on a revised resubdivision sketch (see Exhibit B). 4. A possible location for the new home on Lot 1, Block 2 is shown on the plat. More importantly the setbacks show the amount of buildable area on the lot. The undeveloped lots have been shown as outlots. 5. The cul-de-sac has been shown as a dedicated street and has been extended eastward. While part of the right-of-way still encroaches into the large wetland area, there appears to be adequate room for the paved surface of a future turnaround without encroaching into the wetland. 6. The Shorewood and Deephaven City Attorneys will prepare the necessary legal documents with the final plat. In addition to protective covenants, the City Attorney recommends a development agreement. A Residential Community on Lake Minnetonka's South Shore /() . . Re: Bowman Addition Revised Preliminary Plat 3 August 1990 7. It is reasonable to expect that future development of the Deephaven outlot will involve some access by private road. Deephaven allows private roads. 8. A note on the preliminary plat states that drainage and utility easements will be provided on each side of front, side and rear lot lines. 9. It is recommended that contour lines for Outlot A be shown at such time as it is replatted. 10. The preliminary plat (Exhibit A) reflects the aforementioned changes. Based on the preceding, all issues have been satisfactorily resolved. As a result it is recommended that the preliminary plat be approved as revised. The recommendations contained herein should be incorporated into the development agreement to be prepared with the final plat. As a final note, the final plat should include a street name for the future road. BJN:ph cc: Larry Whittaker Glenn yroberg Jim Norton William Engelhardt William Soth Richard Bowman - 2 - . -- //~] / / .:-.~ ~ S~.Z4./~'"E "" .. JJ'115 2L- ~ \. ~ OU-r, I..O"/" .., 2,5';0" -4 ',..." ~';9'''': AJ.#e: IOH_ d..._. 'cAtl.i,ly u""_,,,., loa be ...._'le.. 4..' I.....' ~ f ~_" I.' r".c~ - r:";-.,, "~""'''''''''~.v / I/I.{?:~--~ I / ", ,..-:J/~~':=:~"'~ _ \ I /'l:1:0-/"",\"\" "- ...., 8">";].5 ::::=-'=;:~(f'17HI '\ \ (--~-:::-- // I I / /-:...::::~/ -../' . _ .$;RoEer- . Ho 0 per "l ~ ~ ~ ;, '/1 ~~".tJ}O'~ --".- I 3".7. ./ .. '" .~ ~ ;, <1 ... ----... \ \ Lake / /- /' FILE COpy ;<:u.>.J__. ( . . ~'-'-'(. ,- Exhibit A REVISED PRELIMNARY PLAT Bowman Addition .. . . POSSIBLE FUTURE SUBDIVISION I I H"~ r- '~~.:~:J_C~~_ i I f fl ~I .: "? " ," , , " ~ ~ 'r N.lc.: .oh ,;j,.,-,c '1II.1.,..e....._,,1":I ""bt. --~.. ....., ,,_, ~ f rU-:',.I.I' "fie", -~e"?:J3C''t 3Z2.!~ --l " 5 , . . J's ; ~'. ._-==:.~--- ",i. --- -------- -. ,/,. 'il < ~-- ~ ~~ '" . . , .~ " .J' . Hooper Lake f / ~ _~===-~...:.e "'t.:J_J~-_",,_ .. ,.y(, ~... --I' - iII'"l.i ~,' "''' .~.... , .~-' '0 :p,c ;':;:.~=r S"'~ '- <> '" SCALE: 1 INCH = 100 FEET DATE: JULY 31.1990 Exhibit B REVISED RESUBDIVISION SKETCH . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brance. Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 lvlEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 5 JULY 1990 RE: BOWMAN ADDITION - PRELIMINARY PLAT FILE NO.: 405 (90.12) BACKGROUND Mr. Richard Bowman requests preliminary plat approval to divide his property located at 20025 Manor Road (see Site Location map - Exhibit A, attached) into two lots. The request is complicated by the fact that the subject property is located partly in Shorewood and partly in Deephaven. The portion of the site located in Shorewood is zoned R-1A, Single-Family Residential and contains 7.57 acres. The Deephaven portion of the site is also zoned for single-family residential development and contains 9.18 acres. The site is characterized by dramatic changes in topography, two designated wetlands and approximately 1000 feet of shoreline on Hooper Lake in Deephaven. The applicant's home is situated on the high point of the property and is accessed by a driveway which wraps around the larger of the two wetlands, into Deephaven and up the hill. The applicant proposes to split the property into two lots as shown on Exhibit B. Since both parcels are considerably larger than R-1A zoning requires, we have asked the applicant to provide a resubdivision sketch showing how the parcels could be redivided in the future. This plan is shown in Exhibit C. ISSUES AND ANALYSIS Although the applicant proposes only two large lots at this time, the City needs to concern itself with further future development. In addition to the municipal boundary which divides the property, the natural features of the site pose significant problems for such development. The evaluation of the proposed plat should take the following issues into consideration: A Residential Community on Lake Minnetonka's South Shore . . Re: Bowman Addition Freliminary Plat 5 July 1990 A. Municipal Border. The applicant has apparently contacted the Hennepin County Recorder's Office which has advised him that a single parcel of land can straddle municipal boundaries within the same County. The County simply issues two tax numbers for the same parcel. The City Attorney advises that such practice can, however, be problematic. Questions which arise include, but are not limited to: Which City provides services? (police, fire and utilities) Which City1s setbacks are used? Where are setbacks measured from? vilierever the new house is located on proposed Lot 2, the other city will be deprived of taxes from the improvement. If, for example, it is built near Hooper Lake, Shorewood may end up providing services without benefit of the taxes generated by the home. As a practical matter the municipal boundary creates a property line. As such the division should be considered as a four-lot plat. While it would be very easy to simply consider the two lots which would be located in Shorewood, the City must still be concerned with the Deephaven portion or the development, since it appears likely that access and utilities will have to come from Shorewood. B. Future Resubdivision. The purpose of a resubdivision sketch is to demonstrate that the initial division will not adversely affect future division of the property. . The applicant may believe at this time that the land will not be further developed in the future. However, just as he proposes to divide his land, it is reasonable to expect that future owners will want to divide theirs. The plan shown on Exhibit C actually raises more questions than it answers. For example, the proposed cul-de-sac encroaches into the larger of the two wetland areas. Also, it does not extend far enough into the site to provide frontage for the northeasterly portions of the site. Since the proposed road is located entirely on Lot 1, that owner will control the future development of Lot 2. One way to avoid such a problem would be to require the future road to be platted at this time. A development agreement and possibly protective covenants could provide for the existing driveway to be shared and maintained until such time as either owner wished to further develop his property. While construction of a City street would be costly on an individual basis, particularly for Lot 2, at least the r.o.w. would be available to either party. The proposed division should not be used to circumvent the City's requirements relative to public streets. The applicant indicates that a future buyer has plans for a home on Lot 2. It is recommended that the proposed house location be shown on the preliminary plat. Whichever lot remains vacant should then be platted as an outlot, legally tied to the other portion of the lot by a protective covenant to which the City should be a party. - 2 - . . Re: Bowman Addition Preliminary Plat 5 July 1990 C. Deephaven Approval. As of this writing it is not known if the proposed plat has been reviewed or approved by the City of Deephaven. They will undoubtedly be concerned with the division because it could leave the northeasterly portion of the site landlocked. They may wish to require that parcel to be designated as an outlot similar to the suggestion in B. above. The applicant should show both Deephaven's and Shorewood,s setbacks on a revised resubdivision sketch. Deephaven should also be asked to comment on their policies regarding private roads and street frontage in the event the cul-de-sac can not be extended far enough to the east to serve all of the northeast portion of the site. The City Attorney should be asked to comment as to what, if any, kind of agreement may be necessary between the two cities. D. Drainage, utility and Conservation Easements. The Shorewood Subdivision Ordinance requires drainage and utility easements 10 feet on each side of side and rear property lines. The Wetland Ordinance requires conservation and drainage easements for designated wetland areas. These easements should all be shown on the preliminary plat. RECOMMENDATION The proposed division leaves several issues unresolved. It is therefore recommended that the plat be tabled at this time. The resubdivision sketch should be redone to address the items raised herein. Specifically: 1. The municipal boundary should be shown as a property line. 2. Th~ applicant should identify how utilities will be provided to all portions of the plat. 3. Respective setbacks for Deephaven and Shorewood should be shown. 4. The location of the home proposed for Lot 2 should be shown. The other portion of the lot should be shown as an outlot. 5. The cul-de-sac should be extended further to the east and shifted to the north 10 feet so that the middle portion of Lot 2 is at least 150 feet in depth. The plat should be revised to show the future street dedicated. 6. The applicant's attorney should work with the City Attorney to draft necessary protective covenants. 7. The applicant should provide Shorewood with Deephaven's comments relative to the plat and to the prospect of one or more lots being served by a private road. - 3 - . . Re: Bowman Addition Preliminary Plat 5 July 1990 8. Drainage, utility and conservation easements should be shown on the preliminary plat. 9. Contour lines should be shown for the Deephaven portion of the plat. 10. Once the resubdivision sketch is found to be acceptable, the preliminary plat should be revised to reflect the approved changes. It is suggested that these items be resolved within 60 days. BJN: ph cc: Larry Whittaker Glenn Froberg Jim Norton Richard Bowman George Stickney - 4 - (;) .':J: - 'i~J:1 ~ ~ ale ~- ~~~ ~- - !;'It~ _ .... N " "' t'ln '" ~ ~ '~;"""~:~,,:;rh- -~ '" ~~ . , ..-, ~\\\. /..... ;>. ^' '1~t _\ "0" ~ ~ ... ~N -t- \rl ....;,. -~ S3~ 99 -Os)z .. gfb g ~ ~ ") () " \.A'l' '. -JOtN" Ct~ t9-'-ZI awf ~ ^I ~l .. .!i':I~.~~_.:tw N ~ @ffiJW rI?J Ie ~ ~ ~N lJl'~~ 22 .., ~2! '" 0: :R ;::> ~ :<l ::- ~e @ g: .,s,'~"/'---1 .<1'..' ~..' r 1-- .~. I .~"" J .....S'.... .....c.... ."".......... ;;; -~ @ EXhibLl" ~C~TlON SITE u~ ;:;:: : ...--..... j ~Ul 0_( cc: ' ex: ..... , w V'> ~-, wCl, V'> ..J' ::;0, ex: 0 , OIl .....u V'> V'> , I , , I , I , I I I I , ~ '" C' ~ ~ l!e '" .r,..,~" " ~',.' :' \;" '. , ,. .~". . ':~'!~.. .. .: '~'.-~j ''-,- t- , . . ,#',' ,- ", " ~ i !() 'b > "l' , -. . , . . . ~ - -~ ~ . -, ,- <::l . 11) ': . ,,' ~ l-.., 12'~e5 5t370Z:33ot "''' j 1 .,,~~ t ",:Ii/y e"..e01el1'" /0 be llbn, (,on/, ,;de! """, I.t lints N 0- .... - C /rY "',.,. Pce",,.v,,tVf"A./ ,', , . -.-, -, , .' , ", . '. ~ , , , . .. ,~ ? t;) If) ,-# -..-. --.----.-- . . . . , . _._ _,u"_ "_'-'" '-, Hooper Lake // ./" /""'"..... . ' ;r ~ . JJo t't h rJo-t to ~CAlL or- .... '" '" ;,' ': ... 'l"~~'~'- I SWCOr' ,,( NE v", : :,'. oroSec-, 25 -1'7'23 ---._--- . :~.:...- ~3~1~'~1<J~___~~~~~.____~ .. S TREE T-' -1y ..--- --- -- .....--- .- .-.--'----' . -- .... - ---- '? ~~ "'''\- .~ ,<:',.. 1 '.YcS>J '00 ~ o oil ~ -; Exhibit B PRELIMINARY PLAT ", '. ';",":i " '.: "'~ :: .' ')' ;~'; . ; .~ ;. ,'. , 1 .' ,- / / / ,. .13 '.-. ..... . ." , ~l , l<\ '.D . "t .' 00 .. :..... ~ ~ . <) \r; 5B70Z3)O"t. i- 3Z2.7(, J 1 N 0- .... _ C /rY "'''" '1f:~"'N"V(i 6 5 ~ 98,600:- "1.(t. .~ ':' . o If) ---...., \ " \ , I Hooper Lake , i //' /" ~ ., - 3 5;,000! s<j.fl-. '" I'- '" '" 2[.(. f ~ <<l . o Vl . Nort~ t-10+ to ~u Ie- I l Sw co' ,I Nt ~~ of Sec.. 25 "/17 2 ~ 2 '5 OC' . ~ -:3 "REEf- q"F'vc. '? ?~ ~"'~ ,"~ , . Y<S>J '0 o COFFIN & GRONBERG, IN ENGINEERS. LAND SURVEYORS. 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MINNESOTA 55331 · (612) 474-3236 14EHORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 31 JULY 1990 RE: KOEHNEN, KENNETH - SIMPLE SUBDIVISION/COMBINATION FILE NO.: 405 (90.21) BACKGROUND ". In the mid 70's, Mr. Kenneth Koehnen separated the lots located at 5860 and 5870/5880 Hillendale Road (see Site Location map - Exhibit A, attached). In so doing be created an easement across the southerly lot for access to the northerly lot. Upon a recent sale of the northerly lot (5860) it was discovered that the access easement was never recorded. The new owners of the southerly lot do not wish to convey an easement over the northeast corner of their property, but they have agreed to sell the small triangle described in the original easement to Mr. Koehnen. Exhibit B best illustrates the triangle of property in question and how it relates to the lot at 5860 Hillendale Road. ANALYSIS/RECO~~lliNDATION Despite the somewhat lengthy preceding explanation the applicant's request is quite simple. Without the small triangle, the lot at 5860 Hillendale Road is landlocked. It is worth noting that the proposed division/combination results in no problem with existing lot sizes or building setbacks. It is recommended that the applicant's request be approved as presented. BJN:ph cc: Larry Whittaker Glenn Froberg Kenneth Koehnen A Residential Community on Lake Minnetonka's South Shore /d-. (38) ----------------, ('39) lR! .. ~ 104 I I 1 I I I 1 r-'-----~ : : 15'l 1 1 1 I 1 I (24)-1'" ! SIOR 25) ''3:3' WO 0 283 <'- 1 ... ~ (22)'-<i~.! \ ~l 283 :.:' 1 ~\D l'" t,-\ ....,..................................... oJ,._______ I' ' __!'___________________.l 1$ I -= 2AO Ii! '\ --::'\. >-:l (3) ~ '" -...;.- ~,:S'l_ (2'3) '7-.' 1 \-'~ __ I ,~.. : -------- ( 28) . 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( 16)'-" '~r_ -'d=:' C; ( 27) 313 1 : ~. : 161 ( 1 I I 1 .................' 162 (8) 165 1 104.............. 1 1 I 1 1 1 L_______~ 166 ( 25) ......... 723.5 690.9 l~ FOIl APPARENT DISCREPANCY IN THIS LIIE SEE R L S NO 91 & TORRENS CASE NO 4661 -.-- ---- 16T (1) OF 119 , , ~,,' .~., "':,' , , /115 , I I , , I , I I so. 196.94 'S, I~~ <f (8) (21) ~ I ,_/ '~:.~" " L ~ u,l-q<l 71 3 19 .9 .".; ,g. ~ C b/ (9) -'it::" v 146.93 ~. b A~ ( 24) ,,~ Exhibit A SITE LOCATION Koehnen, Kenneth - subdivision/combination ~U\ '" ~I Xl"'~ I!l) I "),.- /> ,_ dSl ~ _ _,.. ..~ "t:1. J ,~, ~A /s tip rr . (Norlh /Ine- __.. /4/.40 ...._ I \\7 \ \ \ 0 ...' S /0"" Oj~' \ 0....... ~.. \) I.l\ ! I ,\,\ ~~' , .. '" / SQ~l , \. j\ /IJ'f {v/ /00 / L ) \'1 \' 'x .' ,0 : \ " o \ \~ c. , \" . 'V . .~. :' \' I ~~ ,10' ...... $e.f.bac.1< IIr,e~5o / ~ / t: .r ,/ ,"" (f C ,~ '- ~ 4... _ i -,., /~2,o5.~- \. A /;I?~ :.Jarq/Ie/ WI,! It f /7 e. 110 ',-- 1/7 //1"] e 0 I 1.-0 1113 TY\6.t'-j \.L to' bL I 3.") T-- / ,)'- ~ 1\ \ (./ ~ '\J ~ ~ \:J' \G~ .'-J '\.J ~ -J.-. / 3030 Hart>or u"e No. Plymoulll MN 55441 Pnone: (8121558-OllOe I hereby certify t~t this il a true and correct representation of i survey of the boun.Hrtes of the .bove ducribed land .nd of the loc.tion of .11 buold.ngs. if any. thereon, .nd .11 visible encroachments. if .ny. from or on sild land. /01/1' /C~qO'.s.L f7J A. w.",," by~" '~.~ of . ,,/. ' .19_. (/ a;~ ./ . /' "'v' I Minn. Reg. No. _ File No. DEMARS. GABRIEL LAND SURVEYORS, INC. Book - Page Z/8-C.'S Se.le Exhibit B PROPOSED DIVISION/COMBINATION " "~: .:~~-:-.~:~'~~~j.-_: :(:: ": "'._';.":,:,.;;o.:':';'";.;-'",~';;_--;':~ ,".. ,.-*.: . . DIANE ])QUCE CC 'O{c.-J INTERIOR DESIGN A.S.I.D. JOL~ Z4, t4qo JUL 2 6 IS90 MA~O~~b Crl~ CoU~CIL Crry 01= ~~'X\LOO 0 " Cou t'JT:P-~ L,Ll>B 120A D , 1tb~OODJ M~ "3,, ~ MD-. ~~OfL- ~~ COO~G(L " Y{t. ~QU:E.t7T 1+t;: OPfoJZ:"fD~ rr~ To 1\r -Pl2OAG++ Yo LL -rn- ~:k" -Ava U~T 1-7 WUtJGIL M.~NCt To ~Q~I ~ "!-Hi:;: f2A-tJ 'ON VAa--K1!\JCt () N GJi.2-I~1MA-'S ~ +zeAl) ~ lt~D To~ ~ ~Ol/ or ~M&-t::IL 9 1U-12.JJ ~f.7tv - 27' w~ ~, Bu [LD l r-vu -A: -t-b~. ~o ~ ~ ~ ~~ LdLL ~N @ S-q"IS GttD-t~t1C7 ~~ 129. \G+\lCH- 1-.1 ~~D If.}~" 11~ M r LJ1.( 'n. 'P-Au l- -? -A~ o=r-4-oNltt='7 . ~ Uj \ LL ~ P G-ttO-to/TMA7 LA.~ I2oA: D :ro f.L.. f -A12!l-( t.J C{ ToD- V \ t; (\0 i2. ~ -AN P W I L-..L UJ kj ~ L-r iJ~ ~ 'J?owa;; ~. Wi2... --AoPMfP-l'/tJb lb--lC--( t-J LI .f ~L ~O{L ~~ ~OUQ... (o~~l~<QN. -5, Iv L;-~ ) 6030 RIDGE ROAD .~ . (612) 474-2719 "13 - . . MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 '.i4f NOTICE ~he City of Shorewood has received a request to temporarily waive the "no parking" restriction on Christmas Lake Road (see reverse). The City Council will consider this request at its regular meeting on 13 August 1990. Verbal and written resident comments will be considered at that time. A Residential Community on Lake Minnetonka's South Shore . . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brance' Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUH ~o: MAYOR AND CITY COUNCIL FRm1: BRAD NIELSEN DATE: 8 AUGUST 1990 RE: PUBLIC WORKS FACILITY - REVISED CONCEPT PLAN FILE NO.: 405 (90.15) On 23 July the City Council directed the staff to come back with a revised concept plan for a public works facility using only the property located at 24250 Smithtown Road. Exhibit A illustrates the revised plan. As you can see using only the single property results in a much tighter fit. The site does work, however. The proposed access remains in the same location as the previous plan. Although questions were raised at the public hearing relative to access location and increased traffic, the sight lines are as good as anywhere on County Road 19 in this vicinity. The driveway is approximately 300 feet west of the nearest street intersection. Regarding traffic, the public works facility will generate significantly fewer additional trips per day than if the property were developed under its current zoning. It should be noted that much of the traffic from public works already uses County Road 19 and that the road is a minor arterial designed to handle such traffic. Despite the reduced land area the revised plan accommodates all of the present and projected uses of the site with perhaps one exception. It is unlikely that adequate room exists for composting, should the need ever arise. While there is space in the northerly third of the site, the alteration required to make it useable and the proximity to the wetland makes the feasibility of such activity questionable. Hopefully the whole issue of composting will ultimately be resolved on a regional rather than local level. The amount of outside storage area has been reduced. As with the previous plan the storage area is shown at the north end of the facility where soil compaction is not as critical as it is for building or paved areas. It is anticipated that the high point of the site will be graded off level and the resulting material will be deposited to where the storage area is located. A R.,;dent;al Commun;ty on Lake M;nnetonka's South Shl'" I+t; . . Re: Public Works Facility Revised Concept Plan 8 August 1990 The revised plan includes the same building as the first plan. Due to the reduced area of the site, the building itself will not be as effective in buffering the residential area to the east from public works activities. The west side of the building has some room for outdoor storage. This may be suitable for storing sewer pipe, construction materials or other items where racks may be desirable. Circulation is still adequate to accommodate all forms of truck traffic including our own vehicles in and out of the building and tractor-trailer rigs around the building. The same amount of parking has been provided on the revised plan as the original plan. Perhaps the biggest drawback with the revised plan is the reduced opportunity for screening and landscaping between the public works facility and property to the east. The earlier design included a 50 foot buffer area with a landscaped berm on the east side of the site. The revised plan allows only a 20 foot buffer. Instead of the berm being as high as eight feet, it will only be three feet high on the new plan. Ultimately the screening may need to be enhanced by construction of a wall or fence along the east side of the site. The new plan does maintain almost 250 feet between the public works site and the existing homes to the east. Anyone developing the adjacent property can design around the facility and anyone buying a lot will be aware of the future use of the land. As of this writing, the status of continued negotiations with Mr. Bishop is unknown. It is strongly recommended that the City keep his property in mind before final development and construction on the site begins. There has been some suggestion that the City should acquire the remainder of the Cross property in lieu of the Bishop property. This is still considered to be an expensive acre (plus) due to the existing house. It is suggested that the City wait until it 'is ready to develop final plans for the facility before making such an acquisition. Then, if it is still not possible to acquire the Bishop property, give it further consideration. Some interest has been expressed in getting the salt/sand building started. Once the City has closed on the subject property, plans for preliminary grading of the site should be prepared. This includes the landscape berm on the east side of the site. As suggested in our previous report, landscaping should begin as early as next year. This will allow smaller initial planting which will achieve some effective size by the time the facility is actually built. If the City is eventually successful in acquiring the adjoining property, the trees can then be relocated to the easternmost boundary of the site. Finally, in view of the above recommendations, the City may wish to budget money for 1991 to begin some of the improvements. cc: Larry Whittaker Glenn Froberg Jim Norton Don Zdrazil Ai Rolek Planning Commission # . " -:-995-0- " '. ":,,:-. . . FROBERG & AH ERN, P.A. AITORNEYS AT LAW Glenn Froberg Paul B. Ahern 17736 Excelsior Boulevard Minnetonka, Minnesota 55345 (612) 474-8877 July 27, 1990 CERTIFIED MAIL John H. Cross 24250 Smithtown Road Shorewood, MN 55331 Re: Option Agreement for Land dated April 18, 1990 'Cross/City of Shorewood Dear Mr. Cross: Pursuant to Paragraph 8 of the above referenced agreement7 this will constitute notice to you of the City's decision to exercise its option to purchase the property included in the agreement. Closing shall be held at this office on August 28, 1990 at 10:00 a.m. It is understood that, pursuant to the last paragraph of Paragraph 6 of the agreement, the closing date may be postponed if necessary for correction of the title. It is further understood that if you cannot make the title marketable within t~e (60) day period permitted by Paragraph 6.d. of the agreement, the City shall notify you within the ten (10) days following of its decision concerning the four alternatives available under the agreement. Very truly yours, the City of Shorewood cc: Jan Haugen, Mayor / Laurence E. Whittaker, City Administrator/Clerk Bradley J. Nielsen, City Engineer ~ \L\ ~ . . MAYOR Jan Hal,lgen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 !-iEHORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 7 AUGUST 1990 RE: STATE BUILDING CODE - ADOPTION OF THE 1990 EDITION FILE NO.: 404 (ADMIN) In July the State Department of Administration, Building Code Division, adopted the 1990 Edition of the State Building Code. The SBC provides a list of mandatory chapters which must be adopted by any agency enforcing the Code. It also provid~s a list of optional chapters which are not mandatory but may be adopted by any municipality. Among the list of optional chapters the one pertaining to fire suppression systems (sprinkling) raises some question. While we believe strongly in the value of sprinkling systems, an extreme financial burden is placed on properties which are not served by municipal water service. This is illustrated by the proposed Excelsior Covenant Church expansion (see attached letter from James L. Volling, dated 28 July 1990). According to Mr. Volling, their costs for sprinkling the church approximately double due to the pressure tank required because city water is not available to the site. Although the current plans for Waterford III include extending watermain to the north side of Highway 7, there is still no guarantee as to when this will occur. As a solution to this problem, it is suggested that the City adopt the SBC with all optional chapters except 1305.6905. Then, if the Council wishes to impose the more restrictive sprinkling requirements, do so by a separate ordinance which pertains only to areas served by municipal water service. The City Attorney advises that this would be an acceptable way to handle the problem. A Residential Community on Lake Minnetonka's South Shore }(P . . Re: state Building Code Adoption of 1990 Edition 7 August 1990 A proposed ordinance is attached. If the Council agrees with the preceding suggestion, the City Attorney will draft another ordinance for the 27 August meeting. If you have any questions please do not hesitate to contact my office. BJN:ph cc: Larry Whittaker Glenn Froberg Joe Pazandak James Volling - 2 - . JUL 3 n \990 . July 28, 1990 Mr. Bradley J. Nielsen City Planner and Building Official 5755 Country Club Road Shorewood, Minnesota 55331 Re: Pending Building Permit Application of Excelsior Covenant Church Dear Mr. Nielsen: This letter is written at your suggestion to request time on the agenda of the meeting of the Shorewood City Council to be held on August 13, 1990. As you know, Excelsior Covenant Church has pending before you a building permit application for the constructio~ of a Christian Education wing and the remodeling of certain existing space. As we have discussed on numerous prior occasions, the major issue yet to be determined for the project is whether the building must be sprinklered. During meetings with your office in 1989 held by representatives of ABJ Enterprises (our general contractor) and by Mr. Richard Lundahl (our architect), we were advised that the building would not need to be sprinklered. We proceeded to develop final construction drawings and cost projections for the project based upon our understanding that sprinklering would not be required. However, several months ago, when we sought a conditional use permit for the project, we were then for the first time informed that sprinklering may indeed be necessary. As you realize, Excelsior Covenant Church is not supplied with water by the City of Shorewood; instead, Excelsior Covenant Church has its own well which serves as its water source. Accordingly, in order to sprinkler the building at this time when City water has not been brought to our property line, we would need to construct a 30,000 gallon pressure tank. As you can imagine, the cost of sprinklering under such circumstances is high indeed. We have received from Olson Fire Sprinkler Co. a preliminary bid of approximately $70,000 for a sprinkler system in both the proposed new addition and the existing structure, as well as the construction of the requisite pressure tank. This sum does not include any work that may be required on our well, and since the final number may well approach nearly 10% of the total building costs and was not forecasted in our planning, a sprinklering requirement would seriously jeopardize the project. Moreover, if at a later date the City does bring water to our property line, we would then need to abandon the pressure tank and our capital outlay for it would be wasted. . . -2- As I have expressed to you before, in my view, a sprinklering requirement that applies to areas of the City of Shorewood which do not have City water is simply unfair. I understand that the issue of whether to adopt the optional special fire suppression provisions of the 1988 Uniform Building Code will be before the Shorewood City Council at its meeting on August 13, 1990. I respectfully request an opportunity to address the Council at that time so as to express my opinion that the special provisions should not be adopted in the City of Shorewood unless they can be made applicable only to those areas of the City which have City water. If they cannot be so adopted on a selective geographic basis, then I would argue that they should not be adopted at all in Shorewood until such time as the entire City has City water. There can be no question that the Uniform Building Code itself provides for sprinklering in those circumstances in which building code officials have concluded it is necessary for health and safety. The optional special fire suppression provisions make it mandatory in all circumstances, which in a world of unlimited resources and available municipal water may be a commendable ideal, but in the reality of Shorewood's situation is both impractical and inequitable. I understand that, if the City of Shorewood does not adopt the special fire suppression provisions, the building permit sought by Excelsior Covenant Church can be issued without the requirement of sprinklering, and the project will then proceed. Thank you for your assistance with this matter. I look forward to seeing you at the City Council meeting on August 13. JLV:lsp:2409P James L. volling, Building Committee Excelsior Covenan '\ . ORDINANCE NO. . AN ORDINANCE AMENDING CHAPTER 1001 OF THE SHOREWOOD CITY BUILDING CODE THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. Chapter 1001 of the Shorewood City Code is hereby amended to read as follows: /? ";. . . CHAPTER 1001 BUILDING CODE SECTION: 1001.01: 1001. 02: 1001.03: 1001.04: State Building Code Adopted Organization and Enforcement Permits, Inspections and Fees Violations 1001. 01: STATE BUILDING CODE ADOPTED: The Minnesota State Building Code, established pursuant to Minnesota Statutes, sections 16B.59 through 16B.73, one copy of which is on file in the City offices, is hereby adopted as the Building Code for the City. Such Code is hereby incorporated in this Chapter as completely as if set out in full. 1. Chapter 1300 - Code Administration 2. Chapter 1301 - Certification and Continuing Education of Building Officials 3. Chapter 1302 - Building Construction and State Agency Construction Rules 4. Chapter 1305 - Adoption of the 1988 Uniform Building Code by Reference The 1987 ANSI A 17.1 Code for Elevators, and Related Devices is an amendment to Chapter 51 of the UBC and no longer found in SBC Rule 1320. a. Required Provisions - UBC Appendix Chapter 35 Sound Transmission Control 5. Chapter 1315 - Electrical Code 6. Chapter 1325 - Solar Energy Systems 7. Chapter 1330 - Technical Requirements for Fallout Shelters 8. Chapter 1335 - Floodproofing Regulations (when required) 9. Chapter 1340 - Facilities for the Handicapped 10. Chapter 1346 - Minnesota Uniform Mechanical Code 1990 Edition 11. Chapter 1350 - Manufactured Home Rules 12. Chapter 1355 - Plumbing Code--Administrative Rule 4715 13. Chapter 1360 - Prefabricated Structures 14. Chapter 1365 - Variation of Snow Loads 15. Chapter 1370 - Model Energy Code--Administrative Rule 7670 16. Chapter 1305.0150, Subpart 2 - UBC Appendix Chapters 1, 12, Division 1, 16, 38, 55, and 70 17. Chapter 1310 - Building Security 18. Chapter 1335 - Floodproof Regulations, Parts 1335.0600 to 1335.1200 and FPR Sections 205.4 to 208.2 . . 1001.02 1001. 04 1001.02. ORGANIZATION AND ENFORCEMENT: The organization of the Building Department and enforcement of the Code shall be as established by Chapter 2 of the Uniform Building Code, 1988 Edition. The Code shall be enforced within the incorporated limits of the City. The Building Department shall be the Building Code Department of the City of Shorewood. The Administrative Authority shall be a State certified "Building Official". The Appointing Authority shall designate the Building Official for the jurisdiction of Shorewood. 1001.03: PERMITS, INSPECTIONS, AND SURCHARGE: Subd. 1. Permits, Inspections, and Fees. Permits, inspections, and collection of fees shall be as provided in Chapter 3 of the Uniform Building Code, 1988 Edition, except as amended by Rule 1305.0800. The amounts of the permit fees for activities encompassed by the Code shall be as established by the City Council from time to time. Subd. 2. Surcharge. In addition to the permit fee required by Subd. 1 above, the applicant shall pay a surcharge to be remitted to the Minnesota Department of Administration as prescribed by Minnesota Statutes 1984, Section 16B.70. 1001.04 I VIOLATIONS: Any person who shall violate any of the provisions of this Chapter shall be deemed guilty of a misdemeanor. (Ord. 194, 3-23-87) Section 2. This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 13th day of August, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk , r .Q'~' M Orr :;:': ~ " ,,': ~y~~~n& .', . AssocIates, Ine. . 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners August 6, 1990 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Larry \Vhittaker City Administrator Re: ' Drainage Problem Shady Hills Road OSM Comm. No. 4590.08 Dear Mr. Whittaker: We have reviewed the drainage problem at the low point of Shady Hills Road as it affects Mr. Paul Almquist's property. From on-site investigations and input from Mr. Almquist, its apparent the drainage system installed some 35 years ago .has served its useful life and should be replaced. Currently, what happens is when the water begins to collect at the bottom of the hill, which is the low point on Shady Hills Road, the system cannot handle the flow. This is either as a result of insufficient inlet capacities at the catch basins or restricted pipe flow due to deterioration or a combination of both. When the water backs up it flows over the curb and onto Mr. Almquist's property.' This has caused significant erosion problems and damage to his house. . From our review, we have analyzed what amount of water must be accommodated for 5 year, 10, 25, 50 and 100 year return frequency events. The amount of water on a 100 year event is approximately twice the volume for a 5 year event. For the other years the volumes fall proportionately between the 5 year and the 100 year events. What we found from our analysis was that the existing pipe is large enough to handle a 1 % return frequency event (100 year storm) if it was in good repair. The fact that this pipe doesn't function properly leads me to believe it is not in good repair, thus restricting the flow. Even if it appeared okay, I would not recommend that it continue to be used, for it has reached its useful life. To resolve the drainage problem at this point, we recommend the pipe be replaced as shown on the attached drawing. In conjunction with a new pipe of the same size but different ttl-=t-- f . . City of Shorewood August 6, 1990 Page 2 material, new catch basins should be installed. These catch basins are of a different design than the existing catch basins. They do not have any grate to plug up which has been part of the problem in the past. To make the catch basins more effective, the existing bituminous curb should be replaced with a concrete barrier type curb commonly referred to as B618. This work along with a grass swale over the top of the pipe will prevent any drainage problems from happening, such as has occurred in the past. The project cost estimate for doing this work is $35,000. In conjunction with this work, which will require easements from Mr. Almquist and his neighbor, Mr. Almquist should construct a berm in his front yard to redirect any potential surface water to the grass swale. If, for whatever reason, water overtopped the curb the berm would redirect the water away from the house and eliminate that potential damage from ever happening again. We will be happy to go over this letter with you in detail at your convenience. Respectfully, ,. ORR-SCHELEN-MA YERON & ASSOCIATES, INC. J-- --P. }'l~ James P. Norton, P.E. City Engineer JPN / cmw 08/90-cos.lw cc: Mr. Don Zdrazil, City of Shorewood Mr. Phil Tipka, Resident Inspector Mr. Glenn Froberg, City Attorney .. . . RESOLUTION NO. A RESOLUTION APPROVING A SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE WHEREAS, Phyllis Lovrien (Applicant) is the owner of certain real property (Subject Property) in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit 1, attached hereto and made a part hereof; and WHEREAS, Applicant has applied to the City for a subdivision of the subject property into two parcels, as set out in the Registered Land Survey attached hereto and made a part hereof as Exhibit 2; and WHEREAS, the Applicant and all other parties holding an interest in the said real property have agreed to grant to the City certain drainage and utility easements legally described in the Development Agreement, attached hereto and made a part hereof as Exhibit 3; and WHEREAS, the. subdivision requested by Applicant complies in all respects with the Shorewood City Code, except that the southerly parcel does not have a minimum width of 120 feet at the 50 foot setback line as required by the Zoning Code for the District in which the property is located, and a variance is therefore required; and WH ERE AS, after required notice, a pUblic hearing was held and the application reviewed by the Planning Commission at regular meetings held on 7 November 1989, and 21 November 1989, the minutes of which meetings are on file at City Hall; and WHEREAS, the .Applicant's representative appeared before the City Council at a regular meeting of the Council held on 4 December 1989, at which time the Planner's memoranda were reviewed and comments were heard by the Council from the Applicant's 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 Applicant's request for a subdivision and lot width variance. 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, which requires a minimum square footage of 40,000 square feet per lot. /F . . (2) That the proposed subdivision contemplates a northerly lot ( Tract A) containing 40,000 square feet on which a homestead is presently located, and a southerly lot (T ract B) containing approximately 11. 7 acres which is to be retained for future development. (3) That in order to provide for street access to Tract B, it is necessary that Tract B include a strip of land reserved for future street dedication, extending northerly to front on Edgewood Drive. ( 4 ) T hat such proposed configuration of Tract B would result in Tract B having a lot width of only 66.31 feet at the front yard setback line of the property whereas the zoning ordinance requires a lot width of 120 feet at the front yard setback line. (5) That Applicant's request is consistent with past City policy permitting homestead parcels to be separated from larger tracts of undeveloped land. (6) T hat the reservation of a strip of land for future dedication as a public street at the time of development of the land is also consistent with City policy. (7) That the division of the Subject Property into two lots as proposed by.. the Applicant and the variance required for such division constitutes a reasonable use for the property. (8) 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 d ue ~o the unique nature of the Subject Property, the division proposed by the Applicant would appear to be the most appropriate and reasonable manner of dividing the land. (2) That the Registered Land Survey attached hereto as Exhibit 2 subdividing the Subject Property into two parcells, Tract A and Tract B, is hereby approvedand accepted. (3) 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 ) . (4) T hat 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 any future division of Tract B be accomplished through formal platting procedures, and that such plat provide for a strip of land for future dedication as a pUblic street, as set forth in Exhibit 4, attached hereto and made a part hereof. (b) That any future construction plans for Tract A or Tract B shall treat the said reserved strip of land as a public street for purposes of determining setback requirements. (c) T hat the approval granted herein is specifically conditioned upon the terms and conditions contained in the Development Agreement attached hereto as Exhibit 3. (d) That Applicant 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. (5) That the Mayor and City Administrator/Clerk are hereby authorized to execute the attached Development Agreement on behalf of the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of August~ 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: Ayes - Nays - '. . \ That part of the Northwest 1/4 of the Northwest 1/4, Section 32, Township 117, Range 23, described as beginning at a point on the North line of said quarter-quarter 774.5 feet West along said North line from the Northeast corner thereof; thence South parallel to the East line of said quarter-quarter 365 feet; thence East parallel to said North line 120 feet; thence South parallel to said East line 70.6 feet; thence East parallel to said North line 100 feet, more or less, to an intersection with a ,line drawn parallel to and 554.5 feet West from the East line of said quarter-quarter, as measured parallel to the South line of said quarter-quarter; thence South parallel to said East line to the South line of said quarter-quarter; thence West along said South line. to an intersection with a line drawn parallel to and 300 feet East, measured at right angles, from the West line of said quarter-quarter; thence North along the last described parallel line to the North line of said quarter~quarter; thence East to the point of beginning. EXHIBIT I REGIStERED LAND SURVE'f NO. . . I hereby certify that in accordance with Minnesota statutes of 1949 ,as amended, described tract of land in the County of wit: the provisions of Chapter 508, I 'have surveyed the following Hennepin, state of Minnesota to That part of the Northwest 1/4 of the Northwest 1/4, Section 32, Township 117, Range 23, described as beginning at a point on the North line of said quarter-quarter 774.5 feet West along said North line from the Northeast corner thereof: thence South parallel to the East line of said quarter-quarter 365 feet; thence East parallel to said North line 120 feet: thence South parallel to said East line 70.6 feet: thence East parallel to said North line 100 feet, more or less, to an intersection with a ,line drawn parallel to and 554.5 feet West from the East line of said. quarter-quarter, as measured parallel to the South line of said quarter-quarter; thence South parallel to said East line to the South line of said quarter-quarter; thence West along said South line to an intersection with a line drawn parallel to and 300 feet East, measured at right angles, from the West line of said quarter-quarter; thence North along the last described parallel line to the North line of said quarter~quarter: thence East to the point of beginning. This is a correct delineation of the survey. , 1990. Dated this _ day of Samuel G. Par~er, Land Surveyor Minnesota License No. 10535 CITY OF SHOREWOOD, MINNESOTA This Registered Lan~ survey has been approved and accepted by the City council of Shorewood at a regular meeting thereof held this day of 1990. If applicablel the written comments and recommendations of the Commissioner of Transportation and the county Hi~hway Engineer have been received by the City, or the prescribed 30 day period has elapsed without receipt of such comments and recommendations as provided by Minnesota Statutes Section 505.03, Subd. 2. By: MAYOR By: CLERK PROPERTY ,TAX AND PUBLIC RECORDS DEPARTMENT, HENNEPIN COUNTY, MINNESOTA I hereby certify that taxes payable in 19 and prior years have been paid for land described on this Registered Lana--Survey. Dated this _day of , 1990. DALE G. FOLSTAD, HENNEPIN COUNTY AUDITOR DEPUTY SURVEY DIVISION, HENNEPIN COUNTY, MINNESOTA Pursuant to Chapter 810, Minnesota Laws of Survey has been approved this ____ day of 1969, this Registered Land , 1990. BERNARD H. LARSON, HENNEPIN COUNTY SURVEYOR By: REGISTRAR OF TITLES, HENNEPIN COUNTY, MINNESOTA I hereby certify that the within Registered Land Survey No. was filed in this office this day of , 1990, at ____o'cloc~ .M. R. DAN CARLSON, REGISTRAR OF TITLES By: DEPUTY ADVANCE SURVEYING & ENGINEERING CO. SAMUEL G. PARKER, R.L.S. E)(f:I/B/r z SHE.ET 1 OF '2. SHE.E.TS REGISTERif. LAND SURVEY N\ ::::..L\MPSON5 UPF-'ER l....~.Kt=~ h.,RK r:::-------- - I ,:-nC,':'V/"-"-'in P"-:^['- _ _ --.-J c... --.;:- ~~'n~1 ~~"... -:::Th!.~.?~tS!~'~ of the M.W.l4 of !~~~l.56~.!lfsee.1'l.;T: m,Re ....0 · "-" '''113.'1.0'- -;---. ...66.11.... " PmtLT-CLaE.\311l1l11l6 I ..--.. . OJ 0: I The Northe~t cornerf. - \0 0: oft~e N.W.Y.. ofthe ~ ~ ::~. I N.W.:.'.ofSec.'3'2. ~ E '" ~ '~n". ~ I '* :> ~ t ~~'''~ I 't; ~ J\ ~ '~~:2't; ::; r ~ ~- ~ . 'ti,..-.1 cJ I c ::'I _..::! ; ~ ~ . ~-I'l 1~!!8 ., : .....3 :::~ I 't;;.5; ~~ g~!~ ~-~ I ~ -t.. : .n!l!~~ ~~ .s;~" ;: ~lgj'O ~~ I j~~ _~ i ~~~ ;;Z ~ H~ j~ I -z. . ~ ]i~ I -.J...E; ~ I ~~ I- ~ ~ I o _I.~ ~= I '-'0 ~ : ,"E.AST \ . I ..... .1'l0.00...... 't: I Line pere"..' with the North ""el.~ $Ji I ofth..H.W.~oftheN.W.1I4of~.3'1J gji I :.99.'~O EAST Lin.. parallT' with the. !,!orth line ""\.../ of the N.W. /40fthe H.w.Y4ofSec.'3'2.) .. ,; :::: oi S -- OJ ~ .. ;: E .. .:: .; ., t - z: .~ - .. '0 .. o. i E ~ 1-'. i' ..; .. '" 'l5 -,~ t :i- .. of 'l5 ~ ~ % ~ 1 !; ~ l!: ~ ; ?o- .. w c~ '" ~ '?- I \. : ..----.. R ~'~L.~. ~-;. ~ -~ 3 ::i .. of 't;o. ~~~ ... ~~ I . U I ~~ =~ t.D_ w... ditt- .=i ~~ ~g.t : "! ~~ . .. "" ~'o 0" ~~ ~- ~; ~~ :... oS: "'.... ;;'2- .no; .,,= ".. Go. .e~ -... ~., -.. co", ~ ~E :::.. .-0;" ..~J ADVANCE SURVEYING , ENG!NEER!NG CO. SAMUEL G. PARKER. R.L.S. ~ ri. ~ to' .; ,., ~ui <i>~ 1iij:; ~~ 3c1i ::i oJ :I:- '0 ~-.:! 3 % .. :ji; 1; ! ?o ~ .. oS: l- I.. 100 0 I.r....~ .... 100 I o DENOTES IROt-l MONUMENT SE.T ._..........:.~u......1 .-. 459 Yz.... 1 ".,- . "!!Is4.!>O- ~.' r.... \ S Sg-'04'0A,.W, , t...,;C;.l+ . c' 'e'soWth'line oftheN.W.Y4 rA N.w.~of Sec.'3't,T, In, R.'l.~ SHEET '2. OF '2.. SHE.ETS . . DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this _ day of 1990, by and between the City of Shorewood, a Minnesota Municipal Corporation, hereinafter referred to as "City", and Phyllis L. Lovrien, hereinafter referred to as "Lovrien"; WHEREAS, Lovrien is the owner of certain property described in Exhibit "A"; and WHEREAS, the City has by resolution agreed to allow the above described property to be divided as a simple subdivision by filing of a Registered Land Survey, and in reliance thereon Lovrien has proceeded to effect that simple subdivision. NOW, THEREFORE, in consideration of the foregoing provisions and acceptance by the City of the Registered Land Survey as the simple subdivision, the City and Lovrien agree as follows: 1. That Lovrien has provided a Registered Property Abstract for examination by the City Attorney showing title to the property to be in the name of Phyllis L. Lovrien. 2. That the City agrees to approve the Registered Land Survey heretofore submitted, which divides the subject property into two parcels. 3. That Lovrien shall pay forthwith all required park fees. IE. X/71 13 IT 3 . . 4. That on Tract B of the proposed RLS there exists one garage and storage building. Lovrien agrees to remove said buildings from the property within a period of one year from the date of this Agreement. To assure and guarantee the City that such removal will be accomplished, Lovrien agrees to furnish the City with either a cash deposit or an irrevocable letter of credit approved by the City in the sum of $1,000.00. Said deposit or letter of credit shall remain in effect until such time as the said buildings are removed. If such buildings are not removed from the property within one year from the date hereof, such deposit or letter of credit may be utilized by the City to defray the cost of such removal by the City. 5. Lovrien ag~ees to provide the City with the necessary drainage and utility easements as described on the attached Quit Claim Deeds marked Exhibit II B II arid II C ". T he drainage easements shall be executed and filed by Lovrien within 48 hours following filing of the approved Registered Land Survey for th~ property. 6. Tract B shall not be considered as a buildable lot until such time as the tract has been replatted in a manner generally conforming to the plans heretofore approved- by the City. Dated: CITY OF SHOREWOOD Phyllis L. Lovrien Jan Haugen, Mayor Laurence E. Whittaker City Administrator/Clerk . . EXHIBIT "A" That part of t.he N01-thwl'1St 1/11 of the Northwest 1/4, Section 3~, Township .ll"J, H.:\nge 23, described as beginning at a point 01'1 the North 1 ine of said quarter-quarter 774.5 feet West along said North 1 i n0- from the Northeast corner thereof; thence South parallel to the East line of said quarter--quarter 365 feet; thence East parallel to said North line 120 feet; thence South. parallel to said East line 70. is feet; thence East pi.\rallel to said North line 100 feet, more or less, to an intersection with a line drawn parallel to and 554.5 feet West from the East li.ne of said quarter-quarter, as measured parallel to the Soutll lin0 of said quarter-quarter; thence South parallel to said Eas t. line t:o the South 1 i no 0 f sa id qua rter-quarter; thence I-.'es tal one) sa id Sou th 1 i 110 t.o an j ntersection with a 1 ine drawn para llel to and 300 fect East, llIC!a!";\H:ccl at right angles, from the \<lest line of said quarter-qu() rtc r; t.hence North along the last described parallel 1 i ne to the North line of said quarter-quarter; thence East to the point of beginninq. FO'M No. 28.M-OUIT CLAIM OEEO individual (s) to Corporation or Partnership Minnesota Uniform Conveyancing Blanks (1978) Miller.OaVI$ Co . Minneapolis . No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19_ '" ) County Auditor by Deputy STATE DEED TAX DUE IlEREON: $ Date: ,19_ (reserved for recording data) FOR VALUABLE CONSIDERATION, Phyllis L. Lovrien, a single person (ma,ital statusl , Grantor C.), hereby convey (s) and quitclaim (s) to ~11F. ('TTV OF ~H.O.REW.Qon , , Grantee, a Municip-al CorporatioQ under the laws of Mi \''In.;>~ot9 *1iP<t*~~~xxxxxxxxxxxxxxxxxxxx.x.x.zxxxxxx;X;}o)(roxxMjo{I]:~xlx~R!:I9c~R~: An easement in real property in Hennepin County, Minnesota, described as follows: An easement for drainage and utility purposes over and across an area five feet either side of a line drawn parallel to and lying five feet inside the boundary of the following described Parcel: Tract A. Registered Land Survey No. files of the Registrar of Titles in and for Hennepin County, Minnesota. (if 1"01'9 space is needed, continue on back) together with all hen'ditanwnts and appurtenances belonging thereto. \. STATE OF MINNESOTA --.~ } ~. COUNTY OF -HENNEP-IN The foregoing instrument was acknowledged before me this by day of ,19_, , Grantor (s). NOTAlllAL STAMP Oil S~:Al. (Oil OTHEIl 1'11'1.1': OIlIlANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements tor the real property described in this instrument. should be sent to (Include name and adduuof Grantee): TillS INSTRUMENT \II AS DRAI""ED BY (N AME AND ADDRESS): EXHIBIT "B" Fo'm No. 28-M -QUll CLAIM DEED Individual (s) to Corporation or Partnership Minl1P-soh Uniform Con\'eyanctna: Blanks (1978) ~IIUer.OavIS CoMI"n~aOO"5 1"\0 delinquent taxf'~ and tran~fer entf'red; Certificate of Real E~tate Value ( ) filed ( ) not required Certificate of Real Estate Value No. .19 . "- ) County Auditor by Deputy STATE DEED TAX DUE HEREON: $ D<:te: .19_ (reserved for recording data) FOR V ALliABLE CONSIDERATION. Phyllis L. Lovrien a single person (marital status) . Grantor {;lll. hereby convey (~) and quitclaim (s) to THE CITY OF SHOREWOOD, a Municipal Corporation under the laws of . Minnesota ~~~~~X~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX~n~~~~~~~~*~~o~: . Grantee. An easement in real property in Hennepin County, Minnesota, described as follows: An easement for drainage and utility purposes over and across an area five feet either side of a line drawn parallel to and lying five feet inside the boundary of the following described Parcel: Tract B, Registered Land Survey No. files of the Registrar of Titles in and for Hennepin County, Minnesota. (if IHore space is needed. continue on back) together with all hereditaments and appurtenances belonging thereto. STAn; OF illINNESOTA } 55. COUNTY OF ___-HENNEE.IN.---___ The foregoing instrument was acknowlf~dged before me this by ___..___________ day of .19_. ---.--- - -.--- .._, --.--- ----..__.....____.w. . Grantor (5). l'OTARIAL S1".\~lP OR SEAl. lOll OTHER TITLE OR RANK) SIGNATURE OF PEltSON TAKING ACKNOWLEDGMENT Tax Slatements for the real property described In this Instrument should be sent to (Include nanl. and address ot Guntee): TillS INSTRt:MEST \\" AS nnA~'TED BY (1'1 AME AND ADDRESS): EXHIBIT "Cn ./ . I 'I . , /JAr.. \e.71~ ?i-..V~.t- ~ I ! -'.'~~;I.1.::....-r I I OJt~o-lr - I I I I I 1---_. I :~ I ... I . 1 I , I ! I 1 I ~ I 1 I ' ~ I I I I , I, ,,\ '" ~ l , '" : . '" r i \ ,'" r ..-:~. ..., ~l ~: ") , r " . f ) ",' .-., .. " .~:~ t.. '. ; 1e-,' , ::,; ,,1 " ~ "1 .. No,t ~ . '11 :,;1 " !ll F"u +ur-€.. .. U te--i\ ~" · ('.. . , .. , ", .' ;' ; ~:" $ t (".e e..r . .;. .. ~ ,. . ; .' ""-~""""C>:"" . . u- ~J)- Minnesota Pollution Comrol Agenc~ D 520 Lafayette Road, Saint Paul, Minnesota 55155 ~ Telephone (612) 296-6300 MINNESOTA 1990 Mr. Larry Vhittaker City Administrator 5755 County Club Road Shorewood, Minnesota 55331 July 27, 1990 JUL 3 0 1990 Dear Mr. Vhittaker: RE: Shorewood Convenience Center, 24365 Smithtown Road, Shorewood LEAK00000643 As you know, the Minnesota Pollution Control Agency (MPCA) staff has been overseeing the cleanup and monitoring of the gasoline/fuel oil contamination problem at the above-captioned site for over two years. As part of the overall investigation and cleanup, it is necessary to examine each potential source of petroleum within the impacted area. This includes the city's tanks located just southeast of the convenience center, as shown on the enclosed map. Also, please note the defined area of ground water contamination. The heaviest concentration of contamination appears to be in the area of the city's tanks. Although this may be due to the release(s) at the convenience center, the high level of benzene leads staff to suspect there may be a problem with the city's tanks. The MPCA staff is therefore requesting the city of Shorewood to hire a qualified tank service company or consultant (list enclosed) and have the tanks and lines tested for tightness. In addition, the city should provide MPCA staff with.a description of procedures and schedules used to reconcile product inventories, and tank background information such as size, age and type of tank, product stored'" etc. If a release of petroleum has occurred from a city owned tank, the state may reimburse the city for a major portion of its costs. The Petroleum Release Cleanup Act establishes a fund which in certain circumstances provides partial reimbursement for petroleum tank release 'cleanup costs. This fund is administered by the Petroleum Tank Release Compensation Board (Petro Board). More specific eligibility rules are available from the Petro Board (612/297-4017). Please let me know how and when you will proceed with this request. Thank you for your cooperation. Sincerely, ~~~"r- John R. Moeger Project Leader Tanks and Spills Section Hazardous Vaste Division JRM:kra Enclosures Regional Offices: Duluth. Brainerd. Detroit Lakes. Marshall. Rochester Equal Opportunity Employer Printed on Recycled Paper ~ 11 . . RESOLUTION NO. A RESOLUTION APPRO VING A VARIANCE FOR DON MESSENGER WHEREAS, Don Messenger (Applicant) is the owner of certain real property (Subject Property) in the City of Shorewood, County of Hennepin, State of Minnesota, located at 24620 Smithtown Road, legally described as: Lot 23, Auditor's Subdivision No. 133 and WHEREAS, Applicant has applied to the City tor a variance permitting him to temporarily maintain two buildings on the property; and WHEREAS, Applicant proposes to build a new residence on his property but wishes to live in his existing residence on the property until the new building is <?ompleted; and WHEREAS, Section 1201.03, Subd. 2.C.(4} of the Shorewood Zoning Ordinance permits only one principal building on a lot; and WHEREAS, after required notice, a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on 17 July 1990, 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 23 July 1990, 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 Subject Property is located in an R-1A, single family residential zoning district, and the zoning ordinance does not permit more than one principal building to be located on a lot. 02() . . 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 u.se 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, Subd. 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 complted. ( c) T hat the existing accessory structure located on the property be removed in accordance with the above or brought into conformance with the requirements of the zoning ordinance. (d) T hat the approval granted herein is specifically 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 13th day of August, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator / Clerk Roll Call Vote: Ayes Nays - . . DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 1990, by and between the City of Shorewood, a Minnesota Municipal Corporation, hereinafter referred to as "City", and Donavan D. Messenger, hereinafter referred to as "Messenger"; WHEREAS, Messenger is the owner of certain property in the City of Shorewood, County of Hennepin, State of Minnesota, located at 24620 Smithtown Road, legally described as: Lot 23, Auditor's Subdivision No. 133 , and WHEREAS, the City has by resolution agreed to allow Messenger to maintain his existing residential building on his property until his new residence, to be located on the same property, is completed. NOW, .THEREFORE, in consideration of the foregoing provisions and the permission granted by the City, the City and Messenger agree as follows: 1. That the City has granted a variance to permit Messenger 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. -EXH/6/T 11- . . 3. T hat the existing residence located on the property be removed within a period of two weeks after the new home is complted. 4. T hat the existing accessory structure located on the property be removed in accordance with the above or brought into conformance with the requirements of the zoning ordinance. 5. T hat prior to the issuance of a building permit for the new building, Messenger obtain a bid for the demolition and removal of the existing buildings on the property. 6. T hat to assure and guarantee the City that such removal will be accomplished, Messenger 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 buildings are removed. In the event said buildings are 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 Donavan D. Messenger Jan Haugen, Mayor Laurence E. Whittaker City Administrator/Clerk . VAlVOLlNE INSTANT all CHANGE, INC. P.O. Box 14046 Lexington, Kentucky 40512 WILLIAM MADDEN Director of Development July 23, 1990 Telephone (606)264-7092 Mr. Glenn Froberg Froberg and Ahern Attorneys-at-Law 17736 Excelsior Blvd. Minnetonka, MN 55345 RE: Rapid Oil Change 19465 Highway 7 Shorewood, MN Dear Mr. Froberg: I am in receipt of your July 13 letter concerning the Naegle billboard sign located at the .above referenced address. Following your May 8 letter, I contacted both the property owner and Naegle advising and reminding" them of the Conditional Use Permit requirement that the sign be removed b~ June 30, 1990. Naegle responded that they were aware of the time frame and were making plans for removal. As you may, or may not be aware, Valvoline Rapid Oil Change is a tenant/lessee at this location. Property is actually owned by Mr. Ed Flaherty at Lariat Development. Their address is 11800 Singletree Lane, Suite 210, Eden Prairie, MN 55344. As mentioned, I have advised Mr. Flaherty' of the requirement and believed that he was working on getting the sign removed. I will continue to work toward removal as soon as possible and appreciate both the City's and your patience. \V~rUlY yours, Vt~~en Director of Development WNM: jrm 72390-5 A Subsidiary of Ashland Oil, Inc. ~ 22- A \ ~ . . FROBERG & AHERN, P.A. ATTORNEYS AT LAW Glenn Froberg Paul B. Ahern 17736 Excelsior Boulcv.ud Minnetonka, Minnesota 55345 (612) 474-8877 July 13, 1990 Mr. Bill Madden VALVOLINE INSTANT OIL CHANGE, INC. 301 E. 1-1ain Street, Suite 1200 Lexington, Kentucky. 40507 Re: Rapid .oil Change 19465 Highway 7 Shorewood, MN 55331 Dear Mr. M~dden: We have received no response to our letter of May 8, 1990, informing you of the requirement that the Naegle billboard be removed from the Rapid Oil Change property by June 30, 1990, in order to comply with the variance and Conditional Use Permit granted to Ed Flaherty, doing business as Rapid Oil Change, on May 29, 19B4. In the event that this billboard has not been removed prior to the Shorewood City Council meeting scheduled for August 13, 1990, at 7: 30 p. m., the Council will consider revocation of the variance and CUP for failure of the applicant to conform to the conditions set forth therein. Very truly yours, GF/pn cc: Larry Whittaker Brad Nielsen L- . e\\7 APR .. 2 1990 FROBERG & AHERN, P.A. A1TORNEYS AT LAW Glenn Froberg Paul B. Ahern 17736 Excelsior Boulevard Minnetonka, Minnesota 55345 (612) 474-8877 March 30, 1990 Mr. Edward F. Flaherty c/o HUGHES & COMPANY, LTD. 258 Hennepin Avenue Minneapolis, MN 55401 Dear Mr. Flaherty: ' This is to advise you that pursuant to the terms of the variance granted to Rapid Oil Change by the City of Shorewood on May 29, 1984, the billboard on the property located at 19465 Highway 7 must be removed on or before June 30, 1990. Please make arrangements to see that this matter is taken care of in accordance with the variance. Very truly yours, FROBERG & AHERN, P.A. .-. /2 Glenn .roberg GF/pn cc: Brad Nielsen Larry Whittaker .;~c>,\.t'~~'.'~I'};At ~ b . ... li '< ~ ~ ~ g ~ ~~ OF T~II-~ Min_ota Department of Transportatio!l., Metropolitan District . Transportation Building 51. Paul, Minnesota 55155 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Reply to Telephone No. 593 - 8530 August 7, 1990 Mr. Brad Neilson Ci ty Planner city of Shorewood 5755 country Club Road Shorewood MN 55331 ~~ '" ~" RE: S.P. 2706-172 (TH 7) at Vinehill Road Dear Mr. Neilson: Transmitted herewith for City approval is Layout # 1 for the above referenced project. At the public hearing held on June 20, 1990 the only controversy was the noise concerns of Martin Zgraggen. Mr. Zgraggen feels a noise wall is necessary to reduce the impact of the relocated frontage road. Our policy is to only include noise abatement on major highway reconstruction projects. Therefore, this safety project will not be considered for noise abatement,. We did perform a noise analysis to predict before and after noise levels. The results of this study showed no noise abatement is justified. At the public hearing we offered to build a wooden fence to act as a visual screen between the frontage road and the Shady Hills neighborhood. The noise analysis we performed indicates that a fence is unnecessary since the in-place berm is both effective at reducing noise and is a solid visual barrier, separating the residential neighborhood from the current commercial area. However, if requested by the City - we will add a 6 ft. high wooden fence to our project. The project is currently programmed for a December 1992 letting. The project cost is estimated at $480,000. The City of shorewood would be responsible for sharing in the cost of the project as indicated in our cost participation policy. Since this project falls under our Hazard Elimination Safety Program, 90% of the project cost will be funded by the Federal government. The remaining 10% of the cost will be split between Mn/DOT and the local municipalities. CONTINUED ~~~e Next Page tJrMlNNESOfi-lS . 1990 An Equal Opportunity Employer .1..-2... 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Research Associates, Inc. 2066 Commerce Boulevard Suite 200 Mound, MN 55364 612-472-9449 August 3, 1990 Mr. Larry Whittaker, City Administrator The City of Shorewood 5755 County Club Road Shorewood, MN 55331 Dear Larry: Please let me thank you and Janice Haugen, the Mayor of Shorewood, for inviting me to spend some time with you to discuss city housing issues. We spent considerable time talking about a possible project to conduct a needs assessment of Shorewood mature adults to determine their preferences and desires for retirement housing options. This letter is a response to your request for a proposal to conduct a Senior Housing Needs Study for the City of Shorewood. The response is divided into six sections: I. Background: this section discusses my understanding of the current situation in Shore,wood, as explained by you and Jan in our conversation last week. II. Objectives of the Study: this section lists the major work objectives of the study design and process which I am presenting to you. III. Previous Work Experience: this section lists some other projects I have worked on which are similar to this effort, serving as my credentials for conducting this study for you. References are also given. IV. Approach: this section lists my overall approach to this study, pointing out some of the overriding principles used in designing the study methods and process. V. Timetable and Deliverables: this section explains some of the overall time plan for this study, listing what activities would Shorewood would receive as a result of each of these activities. ,*. ;L 'J. 0 S J. M. Research Ass.ates, Inc. The City of Shorewood Housing Needs Assessment August 3, 1990 . IV. Costs and Payment Schedule: the overall price for the study described in the earlier sections is given as well as a listing of expectations for the City Le. other costs which would be borne by the City for the study, which ARE NOT included in the proposal. For example, survey printing and mailing costs would not be included in the study pricing. A payment plan for the study is suggested, which corresponds to the length of the study. I. BACKGROUND The City of Shorewood has experienced many changes during the past decade. These changes are not necessarily unique to Shorewood but are rather than same changes which many second ring suburbs of the Twin Cities are going through. The City has experienced some of the same growth that other cities in Hennepin County have had during the 80's. This growth in population has resulted in an increasing population of senior adults. Not only have the numbers of seniors grown, but the proportion that seniors represent of the overall population in the area has also grown. This growth has resulted in a change in the mix of the population which resides in and around the City. There is a group of residents who have lived in Shorewood for many years. This group has aged on premises and forms the core of an Cj.ctive senior group. As the group has aged, its housing needs have changed. Children have grown up and left home and, in some cases, a spouse has died reducing the size of the household. These seniors, with their roots in Shorewood, would like to relocate to housing which is smaller, more accessible (single story, with fewer stairs), affordable and with services to support and independent life style such as meals offered on premises and transportation to social events and health appointments. At this time, Shorewood has no housing which is targeted to serve the needs of these mature adults. Some of the available housing which has proved to be attractive to seniors is apartment housing or town home housing. However, this housing serves all ages and offers no special services. It is doubtful that the housing will be adequate for the needs of aging adults as they become 70 years of age or older. The City of Shorewood is considering the possibility of sponsoring a study of the housing needs of its area residents. This study would evaluate the growth trends within Shorewood of this aging population, locate current sites which are especially attractive to senior adults, and evaluate the appeal to area residents of a variety of types of senior housing including subsidized housing, market rate housing, rental housing, condominium housing, townhomes and so on. 2 J. M. Research AS.iates, Inc. The City of Shorewood Housing Needs Assessment August 3, 1990 . The City would also like to encourage the formation of a Senior Housing Task Fnrr.e to work with the researcher and provide direction to the project. The Task Force would be composed of concerned citizens from Shorewood. In this way, the study would provide a means for educating a core group of area residents who would serve as a future resource to the Council, if senior housing and the development of it would become a future priority. Although there are no firm deadlines for the project, the City Administrator and the Mayor would like to see some initial information on area needs by the end of September or the beginning of October. The study will be designed so that information is given to the City as it becomes available. II. OBJECTIVES OF THE STUDY Every study should identify the focus for study activities. These focal points serve to organize study activities and can also be used to evaluate the success of the study. At the completion of the study, the City of Shorewood would have received: 1. A completed housing needs assessment of the City's service area, . including the City proper and identified surrounding areas. This needs asse.ssment would include but is not limited to a study of: . Demographic trends for the area including changes in the number of senior adults in the area, the ages of these seniors, their gender, their average income, the change in the number of households headed by seniors, etc. Data will also.be collected for surrounding communities to serve as a comparison. . The housing options currently available to the senior adults of Shorewood including an "audit" of senior housing offered within and nearby the City. This "housing directory" will assist in identifying strengths and weaknesses current housing options offered to area seniors. . Seniors opinions regarding strengths and weaknesses of current housing options offered by the City. Several methods of data collection will be used including in-depth, face-to-face interviews with seniors, a mailed survey to area seniors and some "focus groups" (group discussions) with area seniors. 3 J. M. Research As.ates, Inc. The City of Shorewood Housing Needs Assessment August 3, 1990 . 2. An Alternatives Analysis including an analysis of the benefits and the drawbacks of developing housing options within Shorewood city limits. In addition, there would be a discussion of the types of housing which should be offered in Shorewood. 3. A summary report of the findings of the Housing Needs Assessment and the Alternatives Analysis including recommendations for the City of Shorewood in its planning for senior housing for the next decade. A presentation would also be prepared for the City Council. These objectives for the study are draft objectives and can be renegotiated to better meet the City's needs for service. These are merely offered as a starting place for those future discussions. III. PREVIOUS WORK EXPERIENCE As we discussed, my work experience as a consultant in senior needs analyses has spanned the past 12 years. During that time, I have worked with many different organizations both to serve their needs for market data and to assist them in the development of strategic plans to address the future. The following projects represent some of the contracts I have had with other cities and health and human service providers in the metropolitan area. These were projects in which either a study was being conducted or planning for the future was underway. . Project A: The City of Plymouth, 1986-1987 The City had used CBDG funds to purchase a piece of property to the north of the City to develop housing for needy senior adults. The study which was conducted had four stages to it. Its focus was to look at the possible use of the property for senior housing. As I understand it, Boisclair is currently working with the City on a proposal to develop the land. Contact: Milt Dale, Housing Specialist, City of Plymouth Project B: The United Way of Minneapolis, 1989 The United Way had received funds to support the development of four regional service centers outside of Hennepin County over a three year period of time. One of the counties in which they were interested was Anoka County. My job was to summarize existing research data which had been collected in three or four studies over the past several years, contact and interview key county officials and identify the major service needs of all the counties residents. Contact: Larry Mazzitello, Project Director 4 J. M. Research Ass.ates, Inc. The City of Shorewood Housing Needs Assessment August 3, 1990 . Project C: The City of Brooklyn Center, 1985-86 The City had the opportunity to purchase the Earle Brown Farm. Its interest in the farm had many aspects to it. Part of the property would be used to develop senior housing. The buildings on the farm would be preserved and restored for use as a community facility or for leased space to area service agencies. The focal point for the property would be to serve the needs of mature adults (50-64) and senior adults (over age 65). A comprehensive needs assessment was conducted over a period of nine months. Recommendations including many diverse services for senior adults. Contact: Brad Hoffman, Director of Development and Planning Project D: North Suburban Hospital District Board, 1987-88 The NSHD Board owns Unity Hospital and Fridley Convalescent Center. A local church vacated its campus, in order to relocated into a new building, and the Board purchased the old building which was adjacent to the Hospital campus. They asked me to design a community based planning process and a study to assess the needs of the community for services which could be relocated within the building. The study took approximately nine months and pulled together a task force of community leaders in government, service delivery and, health care. The result of the study was a list of service recommendations. As a part of the study, an architectural firm did an analysis of the old building and made recommendations for rehabilitation of the building to bring it up to code for some of the proposed new uses. Contact: Betty Wall, Chair of the NSHD Board Project E: The City of Richfield, 1986 Although this study was conducted to assist the City, it was commissioned by two developers, E.J. Plesko and Associates working with Walker Management. The City had a piece of property at the corner of Lyndale and 66th which could have had several alternative uses. I conducted a study to ascertain whether a senior housing use or a light industrial use would better meet the needs of the City. The results of the findings were used both by the City HRA and the Council as input into this complex decision. Contact: Mike Gould, E.J. Plesko and Associates These are only a few of the studies of which I have been project director. During the past 15 years, I have been Project Manager of over 100 studies, the majority of which have been determining the needs of senior adults for various types of services including housing. I would be happy to furnish other references. 5 J. M. Research AS.iates, Inc. The City of Shorewood Housing Needs Assessment August 3, 1990 . IV. APPROACH There are several major themes which run through my approach to this particular project. These are: · the need for community participation in the project through a Project Task Force comprised of seniors from Shorewood and other members designated by the City Council. · the use of a multi stage approach to research, using the learnings from the first two stages (which are less expensive) to help steer the research of seniors which occurs during the second two stages (which is more expensive). This is a more cost- effective approach for the City. · the application of multiple research techniques to this information issue, so that not all of our information eggs are in one research basket. This permits the City to compare the findings from the various research efforts within the project to see where themes, which repeat themselves, are emerging. J.M. Research Associates would ask the City to suggest members for a Task Force towork with the project over next three to six months. This strategy permits the incorporation of those persons in the community who have the greatest interest in the project. Very likely some seniors from Shorewood and from adjacent communities should be included as well as other community leaders who would serve as a liaison to the Council. Six meetings would be held. 6 J. M. Research As.ates, Inc. The City of Shorewood Housing Needs Assessment August 3, 1990 . The project would be performed in four stages as the chart below indicates. The chart also shows the types of research to be conducted. FIRST STAGE ACTIVITIES -------------------------------------------------------------------------------------- Background Analysis -------------------------------------------------------------------------------------- Organization of a Study Task Force Demographic Studies/mapping Custom demographics and maps Situation Analysis · Search for other studies . Review of existing studies · Search for senior hsg. Directory of existing housing Stage One Summary Report Identification of key housing issues which are affecting seniors in Shorewood SECOND STAGE ACTIVITIES -------------------------------------------------------------------------------------- Situational Analysis -------------------------------------------------------------------------------------- Determining Key Needs and forces for/against change Stage Two Summary Report Interviews with ten specially selected persons with good knowledge of senior housing needs in the Shorewood area Identification of major issues and needs to be studied further in the next stage THIRD STAGE ACTIVITIES -------------------------------------------------------------------------------------- Mailed Survey to Consumers -------------------------------------------------------------------------------------- Ascertaining the housing needs Surveys designed and mailed of Shorewood seniors to a number of seniors as designated by Task Force Computer analysis of surveys Stage Three Summary Report Housing priorities of seniors FOURTH STAGE ACTIVITIES -------------------------------------------------------------------------------------- Recommendations for Future -------------------------------------------------------------------------------------- Finalizing the priorities of seniors for the future Project Summary Report Two focus groups of seniors to discuss recommendations Final recommendations 7 J. M. Research AssAtes, Inc. The City of Shorewood Housing Needs Assessment August 3, 1990 . V. TIMETABLE OF ACTIVITIES The following calendar of events describes some of the agenda items which the Council and the Task Force might be considering at each of the meetings which would be scheduled during the five months of the project. Although the project could be completed in a shorter period of time, this schedule is more likely one which is acceptable to a volunteer Task Force. MONTH TASKS September Meet with the Council to organize the Task Force. Obtain Council input on key study issues. First Task Force Meeting. Order customer demographics for Shorewood and surrounding areas. Plan the key respondent interview stage. Second Task Force Meeting. Stage One Summary Report presented. Finalize the Stage Two activities. August, 1990 September December Third Task Force Meeting. Stage Two Summary Report presented. Plan Stage Three survey. Fourth Task Force Meeting. Review the survey draft and pilot test findings for the survey. Finalize the survey and work to support the City's mailing of the su rvey . Fifth Task Force Meeting. Stage Three Summary Report of survey findings and computer analysis of the survey. Plan Stage Four activities (groups). Last Task Force Meeting. Report of focus group findings. Review of draft Project Summary Report. Finalization of recommendations to go to the City Council. October October November December/January,1991 Report and presentation of findings to City Council. This schedule assumes that the City will be able to support the mailed survey stage of the research and the focus group stage by doing all the copying, stuffing and mailing of the pieces which would be necessary to generate adequate returns in a timely way. The consultant would work with the City to plan and coordinate this stage. 8 J. M. Research As.ates, Inc. The City of Shorewood Housing Needs Assessment August 3, 1990 . VI. PROJECT COSTS AND PAYMENT OF INVOICES Since the City has limited funds available to pay for the research, the consultant is prepared to work within the boundaries of the City's resources only if the City can support the out-of-pocket costs for the following items: . Costs of duplicating and mailing the surveys to area seniors including copying/printing of the cover letter, the survey and the enclosed card used to recruit for the focus groups as well as a business reply envelope to return the survey. Costs of postage" -for mailing and returning the survey. Costs of assembly of the survey (stuffing and sealing and folding). . . Addressing of the envelopes. JM Research will procure name lists or labels" whichever the City prefers for the mailing. Costs of duplicating and mailing minutes of meetings and reports to Task Force or City Council members. JM Research will furnish an original of the minutes and the reports to the City for duplication. Costs of a mailing to area seniors to recruit participants for group discussions. . . Costs for room rental and refreshments for seniors invited to the group discussions. JM Research will provide the money to pay stipends to, the seniors for their attendance as a part of its contract. All other research activities will be covered by a $7500. fee. The fee includes two meetings with the City and six meetings with the Task Force as well as a written record of each meeting. Extra meetings will cost $300. . The project includes costs of procuring custom demographics from a national demographic firm, costs of conducting ten interviews face-to-face with key respondents, computerization and coding of no more than 400 written surveys received from senior adults, (additional surveys will cost $2.00 each for data entry and coding), facilitation of two focus groups and preparation of four separate reports for the Task Force and the City. The payment schedule which is suggested is a_$2000. retainer to initiate the contract, due upon the awarding of the contract and then $1100. monthly thereafter for five months, due upon the first of the month, October through February . 9 J. M. Research As.ates, Inc. The City of Shorewood Housing Needs Assessment August 3, 1990 . Larry, I hope this proposal is clear. I will call on Monday to see if you have any questions about it. Please let me know if there are changes you would like to see in it as well since it is on my word processor and can be readily modified. I really appreciate the opportunity to work on this proposal for the City. It sounds like an exciting project and one I would very much like to do. If you need me to make a presentation to the group which will made the decision about the consultant who will work with you, please let me know. I would be happy to do that. Sincerely, ~Jd ~~ dith Marshik, Senior Consultant /cs 10 . tMUNITECH, INC. 2373 WILSHIRE BOULEVARD MOUND, MN 55364.1634 Phone: 612/472.2718 August 6, 1990 City of Shorewood 5755 Country Club Rd. Shorewood, MN 55331 Attn: Mr. Larry Whittaker City Administrator Dear Larry, We are proposing that the City adopt a specification for encoder remote ,water meters. The reasons are listed below: 1. Encoder meters allow the meter to be read in the basement ~without getting into the house. This eliminates the cost of~gaining access, plus it eliminates the lag of remotes. 2. Encoder meters eliminate the cost of maintenance of matching up readings between inside and outside readings. This represents a significant cost savings. 3. Encoder meters provide the City the option of going to a reading system, where the reading is collected on a reading device, which is brought back to City Hall and downloaded directly to the computer for billing. The technology is'in place to read via telephone lines when the system has enough users to make it cost effective. 4. Encoder meters will improve the overall efficiency of obtaining, billing, and reliability of the entire reading and billing cycle. I will be happy to answer any questions you may have. Yours truly, 8?~r~ Bob Polston President, Munitech, Inc. BP/jp .,I ~A .fJ 5 UTILITY SYSTEM MAINTENANCE . SERVICE FOR ALL MAKES OF METERS · SPECIALIST IN FLOW METER REBUILDING . . THE CITY OF SHOREWOOD requests sealed quotations for remote encoder type water meters. The quotations will be opened and read aloud at a.m. on , 1990 at the City Hall. The following are the specifications for water meters and remote encoder registers: Description General These specifications cover a self contained encoder register metering system designed to obtain remote simultaneous water meter registration directly from the register odometer. The metering information shall be obtained through a remotely located receptacle using a compatible data capture system. System Components The above system shall be configured as follows: 1 Encoder meter register - Direct mounting, digitally encoded data stream. Batteries or pulses are not allowed. 2 Remotely'mounted receptacle - Providing a communication link for the transmission of information from the register. 3 Data acquisition equipment with which the above components can be interrogated shall be a device that captures information and dis- plays it'visually to confirm reading and wiring test. Reqistration 1 The register shall provide a six digit visual registration at the meter. 2 The unit shall, in' a digital format, simultaneously encode the four most significant digits of the meter reading for transmission through the remotely located receptacle. 3 The units of registration shall be in u.S. gallons. Water Meter The meter shall be constructed of bronze with a cast iron frost bottom plate. All meters shall conform to AWWA C-700 standards, latest re- vision. The manufacturers that meet the above specifications are: Sensus ECR wi SR II Meters Neptune ARB wi T-10 Meters . City of Shorewood 5755 Country Club Rd. Shorewood, MN 55331 BID FORM Approximately 100 to 150 5/8" x 3/4" meters Manufacturer 3/4" Meters 1" Meters 1~" Meters 2" Meters 1 Visual Reader . .Model Unit Price It is requested that manufacturers list below any quantity discount that they will allow. COMPANY AUTHORIZED SIGNATURE <...c ((.t.<:~n'i'~ ~) (h~ " {; L~~,L . . Mark Stratman 6S Pleasant Lane E. Tanka Bay, MN 55331 474-5042 Mayor Jan Haugen and Shorewood City Council Country Club Road Shore,vaod, Minnesota 5:)331 Dear Mayor Haugen & Shorewood City Council, Last spring a coalition of western suburban churches staged an event called a "Crop Walk". During this event, members of your community and other nearby communities participated in a 10 kilometer march for world hunger. We marched along county road 19, from Mt Calvary Church in Excelsior, up to the Narrows Bridge in Tonka Bay, and back. Thanks to your support, as well as support from the other cities in route, we raised over $8,000, which went directly to fight against world hunger. This $8,000 was a small part of the many millions ,of dollars raised in Crop Walks throughout Minnesota and the nation. We are planning another Crop Walk on the morning of Saturday, October 13, 1990, and would like your support. Your support consists of your permission to walk through Shorewood on this event. There will be probably be ,. ~bout 150 - 200 marchers ''lho will have gotten "pledges" from friec.ds and neighbors in advance of the 10 K march. These Crop Walkers will be old "and young, from all walks of life in our western suburbs. They will walk north, up Rt 19, facing traffic to the Narrows Bridge, where they will rest, have a cup of water, and wal]< back to Excelsior. The entire event will last about 2 hours at the most, and will not disrupt traffic or normal co~~rce in any way. As soon as our flyers are printed up, I will make sure you all get some copies. There will also be mentions of the event made on cable and regular television prior to the walk. This year, with more churches, businesses and marchers involved, we plan to raise even more money to aid in hunger relief. If you can use your influence to help with the ''leather ,this will also be appreciated. Meanwhile, thank you for your support last year, and thank you in advance for your support this year. S.~77~~~ZY , ~ ~/J- ~rk Strat~~(/VlJ1i:~ Arrangements Chairperson cr.urch World Services West Suburban Crop Walk ddldJ 7 CHECK NO. CHECK APPRAIIl LISTING FOR AUGUST 13, 1990 ~CIL MEETING TO WHOM ISSUED CHECKS ISSUED SINCE JULY 24, 1990 4799 4800 4801 4802 4803 4804 4805 4806 4807 4808 4809 4810 4811 4812 4813 4814 4815 4816 4817 4818 4819 4820 4821 4822 4823 4824 4825 4826 4827 4828 4829 4830 4831 4832 4833 4834 4835 4836 4837 4838 4839 4840 4841 4842 4843 4844 4845 4846 4847 (G) (G) (G) (G) (L) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) us POSTMASTER lCMA CONFERENCE US POSTMASTER COMMISSIONER OF REVENUE COMMISSIONER OF REVENUE FRANKLIN INTERNATIONAL INSTITUTE CHILD SUPPORT ENFORCE. CITY COUNTY CREDIT UNION ICMA RETIREMENT TRUST COMMISSIONER OF REVENUE NORWEST BANK PERA OMNI TRAVEL BELLBOY CORPORATION DAY DISTRIBUTING CO. GTE DIRECTORIES CORP. GRIGGS, COOPER AND CO. JOHNSON BROTHERS LIQUOR MINNEGASCO, INC. PEPSI-COLA COMPANY .. ED PHILLIPS AND SONS QUALITY WINE AND SPIRITS LUNDGREN BROTHERS CONS. BELLBOY CORPORATION GRIGGS, COOPER AND CO. . JOHNSON BROTHERS LIQUOR NORTHERN STATES POWER ED PHILLIPS AND SONS US WEST COMMUNICATIONS FINLEY BROTHERS ENT. MN STATE TREASURER PETTY CASH. LAURENCE WHITTAKER INTERNAL REVENUE SERVICE COMMERCIAL ASPHALT CO. AT & T COMMUNICATIONS BELLBOY CORPORATION GRIGGS, COOPER AND CO. HONEYWELL PROTECTION JOHNSON BROTHERS LIQUOR MINNEGASCO, INC. MN BAR SUPPLY, INC. HARRY NIEMELA ED PHILLIPS AND SONS POGREBA DISTRIBUTING QUALITY WINE AND SPIRITS RYAN PROPERTIES, INC. US WEST COMMUNICATIONS WASTE MANAGEMENT (CONTINUED ON NEXT PAGE) PURPOSE POSTAGE FOR SILVERWOOD NOTICE $ REGISTRATION FOR L. WHITTAKER POSTAGE FOR METER JUNE 1990 FUEL TAX JUNE 1990 SALES TAX REGISTRATION FOR L. WHITTAKER FOR DAY PLANNER SEMINAR PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS STATE TAX WITHHOLDING FED, FICA, MEDICARE WITHHOLING PAYROLL DEDUCTIONS AIRFARE FOR L. WHITTAKER-ICMA CONF. LIQUOR PURCHASES > BEER AND MISC. PURCHASES ADVERTISING LIQUOR, WINE AND MISC. PURCHASES LIQUOR AND WINE PURCHASES UTILITIES POP PURCHASES LIQUOR AND WINE PURCHASES LIQUOR AND WINE PURCHASES REIM. OF FUNDS PAID ON PRIOR PARCEL LIQUOR PURCHASES LIQUOR, WINE AND MISC. PURCHASES WINE PURCHASES UTILITIES LIQUOR AND WINE PURCHASES UTILITES PAYMENT OF VOUCHER 2 AND FINAL BUILDING PERMIT SURCHARGE-2ND QUARTER MILEAGE FOR POST OFFICE-COMPUTER SUP. SECTION 125 HEALTH CARE REIMBURSEMENT FICA WITHHOLDING ROCK FOR STREETS UTILITIES LIQUOR PURCHASES LIQUOR, WINE, MISC. AND BEER PURCH. QUARTERLY CHARGE FOR SECURITY SYS. LIQUOR AND WINE PURCHASES UTILITIES MISC. PURCHASES AND SUPPLIES AUGUST RENT FOR STORE I LIQUOR AND WINE PURCHASES BEER AND MISC. PURCHASES LIQUOR AND WINE PURCHASES AUGUST RENT FOR STORE I I UTILITIES WASTE REMOVAL-UTILITIES -1- AMOUNT 50.82 607.00 750.00 68.66 6 , 10 1. 44 185.00 165.00 45.00 543.46 914.65 5,238.32 1,625.52 305.90 2,939.64 5,415.98 46.40 10,775.67 733.17 41.08 323.29 489.36 683.53 2,086.73 2,075.66 4,110.48 667.88 391.48 957.06 167.20 2,179.74 3,145.30 - 28.61 95.22 233.88 3,055.36 5.53 4,870.10 4,414.39 75.00 2,105.64 3.00 212.25 1,428.00 1,887.53 2,518.80 1,270.03 1,922.58 62.01 55.00 c9.~ CHECK NO. CHECK APPR& LISTING FOR AUGUST 13, 1990 &CIL MEETING TO WHOM ISSUED PURPOSE CHECKS ISSUED SINCE JULY 24, 1990 (CONTINUED) 4848 4849 4850 4851 4852 4853 4854 4855 4856 4857 4858 4859 4860 4861 4862 4863 4864 (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) BRADLEY J. NIELSEN CHRISTINE LIZEE EGGHEAD DISC. SOFTWARE MN GOV. FINANCE OFFICERS ASSOCIATION ARROWWOOD RADISSON AFSCME LOCAL #224 CITY COUNTY CREDIT UNION CHILD SUPPORT ENFORCE. ICMA RETIREMENT TRUST PERA COMMISSIONER OF REVENUE NORWEST BANK LAURENCE WHITTAKER COMMERCIAL ASPHALT CO. NORTHERN STATES POWER BRYAN ROCK PRODUCTS, INC CHASKA PARTS SERVICE SECTION 125 DEPENDENT CARE REIM. $ STOVE FOR CITY HALL LUNCHROOM SOFTWARE PACKAGES REGISTRATION FOR A. ROLEK FOR ANNUAL CONFERENCE ACCOMODATIONS FOR ROLEK FOR CONF. UNION DUES PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS ~ROLL DEDUCTIONS PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS STATE TAX WITHHOLDING FED, FICA AND MEDICARE WITHHOLDING SECTION 125 HEALTH CARE REIMBURSEMENT ROCK FOR STREETS UTILITIES ROCK FOR STREETS AUTO AND MACHINE PARTS TOTAL GENERAL TOTAL LIQUOR TOTAL CHECK ISSUED -2- AMOUNT 130.00 150.00 1,119.96 140.00 75.00 104.70 45.00 165.00 543.46 1,649.01 957.39 5,394.53 231.00 1,944.32 3,726.91 66.56 76.03 37,843.04 56,749.18 94,592.22 CHECK APPR~ LISTING FOR AUGUST 13~ 1990 ~CIL MEETING CHECK NO. TO WHOM ISSUED CHECKS FOR COUNCIL APPROV AI. 4865 4866 4867 4868 4869 4870 4871 4872 4873 4874 4875 4876 4877 4878 4879 4880 4881 AT & T ACRO, MINNESOTA AIRSIGNAL, INC. AMERICAN LINEN SUPPLY AMERICAN NATIONAL BANK AMERICAN PLANNING ASSOC. BROWNING-FERRIS IND. CH CARPENTER LUMBER CITY OF CHANHASSEN CROSSTOWN, OCS CURTIS ELECTRONICS DALE GREEN COMPANY HAROLD DIRCKS EASTERN CHEMICAL, INC. ROLF E.A. ERICKSON FEED-RITE CONTROLS, INC. FROBERG AND AHERN, P.A. 4882 4883 HENNEPIN COUNTY TREAS. INTERNATIONAL CONFERENCE . OF BUILDING OFFICIALS KAR PRODUCTS L-J RUBBER STAMP CO. LAKE RESTORATION, INC. MTI DISTRIBUTING, INC. MACQUEEN EQUIPMENT, INC. MAHONEY HOME SERVICES MARQUETTE BANK, MPLS HC MAYER AND SONS METRO SALES, INC. MIDWEST ASPHALT CORP. MIDWEST MAILING SYSTEMS MINNEGASCO, INC. MN DOT MN SUBURBAN PUBLICATIONS MN UC FUND WM MUELLER AND SONS MUNITECH, INC. NAVARRE TRUE VALUE NEUTRON INDUSTRIES, INC. 4884 4885 4886 4887 4888 4889 4890 4891 4892 4893 4894 4895 4896 4897 4898 4899 4900 4901 4902 (CONTINUED ON NEXT PAGE) PURPOSE UTILITIES $ OFFICE SUPPLIES PAGER SERVICES LAUNDRY SERVICES FOR JULY INTEREST/MATURITY-GO WATER 9-1-1980 APA MEMBERSHIP FOR 1990-91 CHEMICAL TIOLETS RENTAL FOR AUGUST WOOD/NAILS FOR PARK IMPROVEMENTS ANIMAL CONTROL FOR JUNE COFFE, TOWELS, TOILET PAPER FOR C.H. INSTALLATION OF COMPUTER JACK/SWITCH BLACK DIRT COUNCIL MEETING TAPING IN JULY ASPHALT PATCHING MATERIAL AUGUST ASSESSING FEE DEMURRAGE CHARGE LEGAL FEES FOR JULY ON-GOING 340.00 DEVELOPMENTAL 260.00 GENERAL 2,160.00 PROSECUTIONS 1,641.25 LITIGATIONS 40.00 DISBURSEMENTS 370.00 RETAINER 250.00 PRISONER EXPENSE FOR JUNE CLASS A MEMBERSHIP YEAR ENDING 9/91 SHOP SUPPLIES INK FOR RE-INKING STAMP INSPECTION OF CHRISTMAS LAKE(MILFOIL) GAUGE WHEEL ASSEMBLY-P.W. GUTTER BROOMS ROADSIDE WEED SPRAYING FOR 1990 EXPENSES FOR G.O. 1987 BOND DIESEL FUEL RICOH TONER FOR COpy MACHINE TACK OIL POSTAGE TAPE-OFFICE SUPPLIES UTILITIES RE-LAMP 7 AND CHRISTMAS LAKE ROAD PUBLISHING UNEMPLOYMENT FOR J. MAJERES CONCRETE SAND FOR PARKS WATER AND SEWER SERVICES FOR AUGUST PUBLIC WORKS SUPPLIES AND TOOLS DEODORIZER KIT-PUBLIC WORKS -3- AMOUNT 11.93 63.01 9.00 446.90 13,562.50 127.00 374.00 70.20 899.00 17 5 . 00 71 .00 96.00 100.00 200.00 2,491.66 45.00 5,061.25 749.50 75.00 113.05 3.70 634.00 173.94 184.00 2,000.00 61.00 860.54 288.06 513.00 18.50 89.49 8.52 14.75 4.16 379.74 4,917.00 222.47 73.12 CHECK NO. CHECK APP. LISTING FOR AUGUST 13, 1990 WCIL MEETING TO WHOM ISSUED PURPOSE AMOUNT CHECKS FOR COUNCIL APPROVAL (CONTINUED) 4903 4904 4905 4906 4907 4908 4909 4910 4911 4912 4913 4914 4915 4916 4917 4918 4919 4920 4921 4922 4923 4924 4925 4926 ENGINEERING SERVICES FOR JUNE DEVELOPMENTAL 860.06 ON-GOING 3,176.67 MISC. 156.38 WATER REPORT 1,225.42 JOSEPH PAZANDAK JULY MILEAGE PEPSI-COLA COMPANY POP PURCHASES FOR CITY HALL PIKE'S BUILDING MAINT. JULY JANITORIAL SERVICES FOR CITY HALL REDWING'S MOBIL SERVICE TIRE REPAIR FOR PUBLIC WORKS REYNOLD'S WELDING SUPPLY OXYGEN TANK REFILL AND RENTAL ALAN ROLEK TUITION REIMBURSEMENT ST. PAUL STAMP WORKS 1991 DOG LICENSES SHOREWOOD NURSERY 2 GALLON SPRUCE KATIE SNYDER COUNCIL MINUTES FOR JULY SO LK MTKA PUB SAFETY JUNE BOOKING FEE SUBURABAN TIRE COMPANY TIRES-CHANGED AND MOUNTED CITY OF TONKA BAY SECOND QUARTER WATER/SEWER BILLING CITY OF TONKA BAY SEWER LIFT #2 EXPENSES TONKA PRINTING ENVELOPES US WEST COMMUNICATIONS UTILITIES VAN DOREN, HAZARD, PARK CONSULTING SERVICES FOR JUNE STALLINGS, INC. WASTE MANAGEMENT WASTE MANAGEMENT WATER PRODUCTS CO. WHELEN ENGINEERING CO. WILLIAMS STEEL WOODLAKE SANITATION YOUNGSTEDT'S, INC. ORR, SCHELEN, MAYERON AND ASSOCIATES $ 5,418.53 74.32 17.26 220.00 14.50 20.18 170.50 101. 50 15.00 300.00 73.58 372 .40 390.70 153.29 283.50 818.66 723.75 WASTE REMOVAL FOR AUGUST RECYCLING SERVICES FOR JULY WATER METERS AND SUPPLIES CIVIL DEFENSE SIREN REPAIR STEEL WORK-PUBLIC WORKS DUMPING FEE-BIRCH BLUFF ROAD/SHOP. UNLEADED GASOLINE PURCHASES 365.53 3,750.00 1,055.98 480.00 673.44 128.61 61.80 CTR. TOTAL CRECKS FOR APPROVAL 50,870.02 TOTAL CHECK APPROVAL LIST 145,462.24 -4- ~ CHECK APPR" LISTING FOR AUGUST 13, 1990 .CIL MEETING CHECK NO. TO WHOM ISSUED HOURS PAYROLL REGISTER FOR AUGUST 1, 1990 PAYROLL 204249 VOID 204250 (G) LEONARD WATTEN COUNCIL 204251 (G) JANICE HAUGEN MAYOR 204252 (G) BARBARA BRANCEL COUNCIL 204253 (G) ROBERT GAGNE COUNCIL 204254 (G) KRISTI STOVER COUNCIL 204255 (G) LAURENCE WHITTAKER 80 REG. HOURS 204256 (G) SANDRA KENNELLY 80 REG. HOURS 204257 (G) SUSAN NICCUM 80 REG. HOURS 204258 (G) ANNE LATTER 80 REG. HOURS 204259 (G) ALAN ROLEK 80 REG. HOURS 204260 (G) WENDY DAVIS 80 REG. HOURS 204261 (G) BRADLEY NIELSEN 80 REG. HOURS 204262 (G) PATRICIA HELGESEN 64 REG. HOURS 204263 (G) JOSEPH PAZANDAK 80 REG. HOURS 204264 (G) CHARLES DAVIS 82 REG. HOURS 204265 (G) DENNIS JOHNSON 80 REG. HOURS 204266 (G) DANIEL RANDALL 80 REG. HOURS 204267 (G) HOWARD STARK 80 REG. HOURS 204268 (G) RALPH WEHLE 80 REG. HOURS 204269 (G) DONALD ZDRAZIL 80 REG. HOURS 204270 (G) JOSEPH LUGOWSKI 82 REG. HOURS 204271 (G) .. TODD LATTERNER 80 REG. HOURS 204272 (G) LAWRENCE NICCUM 80 REG. HOURS 204273 (L) RUSSELL MARRON 76 REG. HOURS 204274 (L) CHRISTOPHER SCHMID 80 REG. HOURS 204275 (L) BRIAN JAKEL 31 REG. HOURS 204276 (L) - MARK KARSTEN 51 REG. HOURS 204277 (L) WILLIAM JOSEPHSON 80 REG. HOURS 204278 (L) SUSAN LATTERNER 30 REG. HOURS 204279 (L) DEAN YOUNG 80 REG. HOURS 204280 (L) SCOT BARTLE-TT 38.5 REG. HOURS 204281 (L) DAVID PETERSON 20 REG. HOURS 204282 (L) KELLY MICHELSON 18.5 REG. HOURS 204283 (L) KEVIN FOSS 8 REG. HOURS 204284 (L) JOHN FRUTH 17 REG. HOURS 204285 (L) NOEL NICHOLS 20 REG. HOURS 204286 (L) CRAIG SCHOLLE 21 REG. HOURS 204287 (L) ERICA SHAW 15 REG. HOURS 204288 (L) BRIAN ROERICK 17 REG. HOURS TOTAL GENERAL TOTAL LIQUOR TOTAL PAYROLL -5- ANOUNT $ 147.82 178.50 147.82 150.00 150.00 1,032.59 756.14 598.96 529.87 928.57 570.98 835.83 409.10 813.43 429.93 676.64 684.88 543.31 544 . 16 1,004.46 694.95 603.98 546.39 362.71 477 .65 162.91 213.17 598.00 143.33 582.26 196.07 93.19 86.90 42.57 80.63 93.19 97.38 72.26 80.63 12,978.31 3,382.85 16,361.16