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CITY OF SHOREWOOD HEGULAR COUNCIL M~~~ING ~ONUAY, AUGUS~ 14, 1989 COUNCIL CHAMHB~S ~7~~ COUN~HY CLU8 HOAD 7:30 P.M. MINUTE6 CALL ~O URDER 'fne Regular Council meetlng ot the Shorewood City Council was called to order at 7:30 P.M., August 14, ~9~9, in the Council Chambers by Mayor Haugen. PLEDGE OF ALLEGIANCE Mayor Haugen opened the Regular Council meeting with the Pledge of Allegiance. ROLL CALL present: Mayor Haugen, councilmembers Brancel, ~tover, and Gagne. Watten absent. . Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Whittaker and Clerk Kennelly. APPROVE AMENDED AGENDA Staff recommended amending this agenda as follows: postponement to the next meeting of Item No.6 - Appeal "Notice to Remove" at the applicant's request. Add sealcoating Amesbury as Item 9E-3 under the Public Works Report. Add changing Columbus Day holiday following the Minutes Approval No.2. Gagne moved, seconded by Brancel, to approve the agenda as amended. Motion carried - 4 ayes. APPROVAL OF MINUTES Gagne moved, Stover seconded, to approve the minutes of July 24, 1989, as written. Motion carried - 3 ayes - 1 abstain CBrancel-abstained as she was absent July 24) CHANGE OF COLUMBUS DAY HOLIDAY RESOLUTION NO.66-89 Administrator recommended deleting the Columbus Day holiday and desig- nating the Friday after Thanksgiving as a holiday. State statute gives the City the option of designating either day as holiday. Stover move'd, seconded by Brancel, to adopt a Resolution deleting the Columbus Day holiday and designating the Friday after Thanksgiving as a holiday, and to include union employees if the union agrees to amend the contract. Resolution No. 66-89 adopted. 4 ayes by roll call vote. -1- ~INUTES - MONDAY, AUG. 14, 1989 PAGE ~-- . CONSENT AGENDA Brancel moved, se~ond~d by Gagne, to approve the following Consent .7\.genda i terns: Approval of the West Hennepin Human Services Budget A contribution of $984 for 1990 from the City of Shorewood (.20 per capita on the 1987 population estimate) to the West Hennepin Human Services Board. Set Public Hearing - Assessment Resolution No.64-89 of Delinquent Water & Sewer Charqes "A Resolution setting hearing on proposed assessment for Delinquent Sewer and Water Utility charges~ for October 9, 1989. Apr-rcval of Payment - S.E. Area Pumphouse Project No.86-1C The payment of Voucher No.7 and final payment to A & K Construction Inc., in the amount of $12,446.12, for the S.E. Area Pumphouse Pro- ject No.86-1C, per the Engineer's recommendation. Planning Co~~ission Appointment - Dave Pitney The appointment of Dave Pitney, 6025 Whitney Circle, to the Planning Commission vacancy left by Betsy Roberts~whose term expires December 31, 1989. Street Light Request - Wood Duck Circle A street light on Wood Duck Circle per the petition from the residents on Wood Duck Circle. The light is consistent with the policy for locating street lights. Recertification of the 1990 Budqet and Levy The recertification of the 1990 Levy and Budget required by the Truth in Taxation Law of 1988. Permanent Appointment of Accounting Clerk - Wendy Davis The permanent appointment of Wendy Davis as the accounting clerk. Motion Carried - 4 ayes. PLANNING REPORT Stover stated that no meeting was held due to a lack of quorum. PARK COMMISSION REPORT Jim Andrus listed the recommendations made by the Commission at their August 8, 1989 meeting. l~ Freeman Park Ballpark Fencing -2- . MINUTES - MONDAY, AUGUST 14, 1989 PAGE 3 . PARK COMMISSION REPORT - Continue 2. Cathcart Park Hockey Rink 3. Hennepin County Railroad Right-of-Way Trail Improvement 4. The Snowmobile Ordinance 5. Playground Equipment - install sand 6. Letter of Thanks to Public Works Department The letter thanking the Public Works Director and the City crew for their tremendous cooperation and the work completed in the Parks. (Letter attached hereto.) Freeman Park Ballfield Fencing Plans and Specifications The Park Commission wants O.S.M. to prepare plans and specifications for fencing the fields, retaining George Haun as a consultant on the specification and installation. Haugen questioned the need to hire George Haun when the engineer is involved with the project. Gagne stated the $600 - $800 fee for his expertise would be well spent when investing $40,000 in fencing. Gagne moved, seconded by Stover, to authorize the Engineer to prepare plans and specifications for fencing the ballfields and contract with George Haun as a consultant. Motion carried- 4 ayes. Cathcart Hockey Rink Brancel moved, seconded by Gagne, to direct the Public Works Depart- ment to rebuild the hockey rink at Cathcart Park, estimated material cost of $5,000 plus labor expense to be paid from the Park Capitol Improvement Plan. Motion carried - 4 ayes. Hennepin County Railroad Right-of-Way Trail Improvement Zdrazil estimated a cost of $13,000 to place class 5 gravelon approxi- mately 2 1/2 miles of the trail. This type of rock will compact and create a smooth surface for an improved walking surface. Gagne moved, seconded by Stover, to approve the request when funds are available in the Park Capitol Improveme~~ Fund. ~~ <--fit N-<_r'- &t"'-u.-dJ Install Sand Around Playground Equipment The Commission asked that sand be placed under all playground equipment when time and money are available. Snowmobile Ordinance Discussion Mr. John Arnst, of 5480 Teal Circle, stated that the Snowmobile Ordinance is powerful with strong regulations but the rules are not being followed nor is it enforceable. He asked that the Hennepin County trail be closed to snowmobiles. The trail does not have to -3- MINUTES - MONDAY, ~UST 14, 1989 PAGE 4 . PARK COMMISSION REPORT Snowmobile Ordinance Discussion - Continue provide access to the lake, snowmobilers have access from Lake Virginia. He stated that many miles of trails exist in northern Minnesota and snowmobiling is welcomed in the recreational areas. Snowmobilers should transport their machines to these areas. Many cities surrounding Shorewood have prohibited the use of snowmobiles. Joan Lang opposed the $13,000 trail improvement. She stated that she could not use the trail for cross-country skiing. She loads her boat and skis and hauls them to other areas to use them. Snowmobilers can do the same. She complained of the noise created by snowmobilers on the trails, especially on the weekends. Bill Kullberg, of the S.W. Trail Association, commented that the trail is used by young people and they may not be able to afford to haul their snowmobiles to another area to use them. He said Mr. Arnst's and Mrs. Lang's complaints should be directed to their neigh- bors and they should handle the problems themselves. Mr. Kullberg read a list of violations that were handled by the police and the Association's volunteer patrol. He observed the use of the trail and stated that very few people actually use that trail. Mrs. Lang stated her neighbors did not have snowmobiles. Mr. Arnst complained that the Association groomed the trail after the curfew time. Mr. Kullberg's groomer ~tated that the trail is never groomed after hours. Stover would like to see the trail as a walking trail and close it to motorized vehicles year round. Stover moved to close the trail to all motorized vehicles, Haugen seconded for discussjon. Stover stated that walking and snowmobiling were not compatible on the trail. Gagne has received many calls supporting snowmobiling on the trail. Motion failed - 2 ayes - 2 nays (Gagne and Brancel). The Snowmobile Ordinance will remain as is. Silverwood Park Discussion Mrs. Julie Doherty asked the Council what the residents can do to get improvements in Silverwood Park. She reviewed the problems they have had trying to have the park improved. She would li~e a questionaire sent to the neighborhoods that would use this park, in an effort to determine priorities. Whittaker suggested the Park Commission survey the residents, set priorities for improvements, develop a plan, hold hearings on it, and adopt a CIP for the park. Some funds will be -4- MINUTES - MONDAY, ~UST 14, 1989 PAGE 5 . PARK COMMISSION REPORT Silverwood Park Discussion - Continue available in 1990. Staff will work with the Park Commission and obtain input from the residents to develop a questionaire. Mrs. Doherty volunteered to deliver the questionaire and survey door to door. VACATION OF UTILITY AND DRAINAGE EASEMENTS - MARILYNWOOD 2nd ADDITION RESOLUTION NO.65-89 Mayor Haugen opened the public hearing at 8:52 P.M., to vacate utility and drainage easement in Marilynwood 2nd Adidtion. New easements will be rededicated in the final plat. Haugen closed the public hearing at 8:54 P.M., after calling for public comment and receiving none. Gagne moved, seconded by Stover, to adopt Resolution No.65-89, "A Reso- lution vacating certain drainage and utility easements in Marilynwood 2nd Addition". Motion carried - 4 ayes by roll call vote. ANIMAL CONTRACT Pound Contract Froberg reviewed the provisions of the pound contract with the Chan- hassen Veterinary Hospital. He stated that the contract is very similar to the contract Midwest Animal Patrol had with them. The City must accept responsibility for the costs if the owner does not redeem an animal. The hospital will not accept sick-animals but the Bloomington Pound will accept these animals. The hospital will administer care as need or euthenize animals if they are badly injured. The Police Department is currently handling emergencies since the can- cellation of the animal patrol contract by Midwest Animal Patrol. The public will be notified of the location and services of Chanhassen Veterinary in the next City newsletter. Stover moved, seconded by Gagne, to accept the Animal Impoundment Contract with the Chanhassen Veterinary Hospital. Motion carried - 4 ayes. Animal Patrol Contract Contracts have been made with the surrounding cities to discuss alterna- tives for animal control and patrol. An agreement is being drawn to obtain temporary patrolling services from the City of Chanhassen. This agreement will go to the Chanhassen Council on August 28, 1989. If accepted, this will allow the cities time to evaluate other alternatives. The combined cities of Tonka Bay, Victoria, Excelsior, Greenwood and Shorewood will receive 20 hours of weekly service. Council would like to add more hours in the future. Stover moved, seconded by Gagne, to contract with the City of Chanhassen -5- MINUTES - MONDAY, A~UST 14, 1989 PAGE 6 . ANIMAL CONTRACT Animal Patrol Contract - Continue to provide temporary animal patrolling service for 3 months or less, if the Chanhassen City Council approves the request. Motion carried - 4 ayes. CELLULAR ONE REQUEST FOR INSTALLATION OF ANTENNAE Mr. Donald Wong asked the Council to consider allowing Cellular One Company to install six antennae on the water tower and build an equip- ment building at the base of the water tower. The added antennae are needed to provide better service along Highway 7. COUNCIL BREAK: 9:30 P.M. 9:35 P.M. (tape change) Mr. Wong would like the City's permission to install the antennae and a 12' X 28' equipment building. They would then rent the site for approximately $600 a month. The Council discussed the location and style of the building. Mr. Wong said that one option is a prefabricated building. The electronics are installed before the building' is deliverea and set up on site. They could also install a cinder block building. They would do landscaping around the structure and the site would also be fenced for security. -6- Nielsen stated that a C.U.P. process is required. Norton stated that the cable would have to run inside the tower, and some type of hole would be needed to get the cable inside. He will check with the Health Department for possible restrictions and necessary approvals. Additional information will be obtained. Nielsen will act . as a contact person. The public hearing could be set for October 3 if the material is in by September 5th, and go to the Council on October 9, 1989. BIRCH BLUFF WATER EXTENSION Haugen read Norton's letter of August 8, 1989, regarding a request from Mr. Muehlberg of 25700 Birch Bluff Road, to extend water service to his home. Mr. Muehlberg questioned the need for a feasibility study. Haugen explained that the study will determine the cost of the extension and the cost to the resident. Norton stated that a 2" extension was install- ed to service 4 homes on a private drive in 1979. This line is not adequate for additional connections. A watermain extension will have to be installed from Tonka Bay to serve approximately 20 homes on both sides of Birch Bluff Road while extending to Muehlberg's home. The connection charge to Tonka Bay is $2,300 for each home and Shorewood will require those connecting to sign a statement accepting an assess- ment if Shorewood ever installs their own water system. The current policy requires 100% of the affected parties to petition or the total cost to be accepted by the petitioners wanting the improvement. The estimated feasibility study cost will be $1,000. MINUTES - MONDAY, fltUST 14, 1989 PAGE 7 . BIRCH BLUFF WATER EXTENSION - CONTINUE Mr. Muehlberg asked if the City had regulations regarding uncut grass? Currently no Ordinance is in effect regulating that. Brancel would like the Planning Commission to review this issue. STAFF REPORTS Attorney's Report Personal Property "For Sale" Policy Froberg stated that the police do not regularly enforce the City's Zoning Ordinances. If they observe a vendor selling in violation they will request them to leave if they do not have permission from the property owner to use the site. They will obtain the necessary infor- mation for the City to prosecute if necessary. The police can also prosecute under the trespassing statutes. Stover moved, seconded by Gagne, to adopt the 2nd Draft of the Personal Property "For Sale" as policy in conjunction with Chapter 503 and 1201 - of the City Code. Motion carried - 4 ayes. Policy Building Lease Froberg reviewed a letter dated August 1, 1989, from Robert Snyder explaining two alternative amortization formulas for retiring the debt on the police building, the split account amortization and sinking fund method. Stover stated that we have only considered the effects of prepayment by Greenwood thus far. Their 9% on the current contract would re-, present an approximate building cost payoff of $38,400. If their total was paid off, the rent would be reduced to the other cities to reflect the $38,400 reduction in principal and interest. Setback Variance - 5360 Howards Point Road - Nicholas Dennis continued to the next meeting. 1 Resolution NO.6V-89 f Haugen stated the matter should be Froberg submitted Resolution No.66-89 for approval as directed by the Council at the July 24, 1989 Council meeting. Stover moved, seconded by Brancel, to adopt Resolution No.66-89, "A Resolution granting a setback variance to Nicholas Dennis." Motion carried - 4 ayes by roll call vote. P.E.R.A. Arrears Froberg clarified the change in the State Statute that now requires the payment of P.E.R.A. by Bill Josephson. Mr. Josephson is respon- sible for up to 60 days of back payment and the City is obligated to pay the remainder up to his eligibility date. -7- MINUTES - MONDAY, ~UST 14, 1989 PAGE 8 . STAFF REPORTS - CONTINUE Public Works Director's Report Flag Lighting' Zdrazil has obtained estimates from $250 to $369.82, to mount a flag light on a 2" X 12' post next to the building. This light will have a time clock control. Council asked about a roof mount light. Gagne moved, seconded by Brancel, to accept the low quote for the flag lighting at $250. Motion carried - 4 ayes. Sealcoating Amesbury Zdrazil obtained 2 quotes for sealcoating an area on Regents Walk and Knightsbridge Road where a water line had been installed. The low quote came in at $1,775 from Minnesota Roadway. Gagne moved, seconded by Stover, to accept the low quote from Minne- sota Roadway at $1,775 to repair the area needed, cost to come out of Street Improvement Fund. Motion carried - 4 ayes. Freeman Park - Installation of Posts Zdrazil submitted an estimated cost to install posts around the parking lot areas at Freeman Park. 150 posts will be needed, with a 71 spacing. Estimated cost $1,500 for the post and $1,600 for labor and equipment. Council directed Zdrazil to return with cost to add chain between the posts. Engineer's Report Authorize the Preparation of Temporary Construction Easement - Ivy Lane - Mike Lindelien The easement will define the area needed for access through the pro- perty to repair a drainage problem at 20955 Ivy Lane. Froberg will prepare the easement. Gagne moved, seconded by Stover, to authorize the preparation of the temporary construction easement. Motion carried - 4 ayes. Addition to the 1989 Shorewood Street Project Zdrazil and Norton recommended a bituminous overlay with Geo-Fabric on Minnetonka Drive, Clover Lane, Gillette Curve, Elder Turn and McLain Road at a cost of $45,080.00, to come from the surplus in the 1989 Street Repair Budget. Gagne moved, seconded by Brancel, to approve the additional street work as submitted. Motion carried - 4 ayes. -8- . . MINUTES - MONDAY, AtltST 14, 1989 PAGE 9 . STAFF REPORTS - CONTINUE Enqineer's Report - Continue Extension of Splash Block - S.E. Area Water Tower Due to three past malfunctions of a valve in the pumphouse and an improperly installed overflow pipe, Norton recommended that an energy dissipater be installed at a cost of $8,000 - $10,000 to pre- vent further erosion of the hillside if a subsequent overflow occurs. Council asked the cost of replacing the valve. Norton thought it could be done for $6,000- $8,000. Gagne asked if it was under warranty. Norton did not feel that the warranty would cover the cost, given the way the valve has been operated. Haugen asked to see a list of parts that must be replaced and a schedule for those replacements. Glen Road Drainage Norton disagrees with the response received in a July 25, 1989, letter from the Watershed District. Council directed Norton to inform the Watershed District that the Council does not agree with the letter and they would like the Watershed District to review the information previously provided to them. Planner's Report Marcus Development Update All the contaminated soil has been removed. viding a report on the status of the project. aeration equipment will be built soon. The PCA will be pro- The shed housing the Waterford 3rd - Public Hearing Set The public hearing to review the plan proposal for Water ford 3rd is set for September 12, 1989, at 7:30 P.M., at the Minnewashta School. Notices will be sent to the residents of the Southeast Area next week. Administrative Reports Whittaker asked the Council if he should attend a Public Employee Labor Relations Seminar. Council did not think it was necessary as Labor Relations Associates provided the necessary expertise under a contract with the League of Cities. COUNCIL REPORT& , WEST HENNEPIN HUMAN SERVICES ENERGY AUDIT Haugen referred to a letter she received from the Energy Audit Board re- garding an inspection that they had completed where they had found a very dangerous condition with a furnace. They have requested a letter be sent in support of their services to N.S.P. as N.S.P. is pro9osing a 26% reduction in there funding sources. -9- . . MINUTES - MONDA~UGUST 14, 1989 PAGE 10 . COUNCIL REPORTS WEST HENNEPIN HUMAN SERVICES ENERGY AUDIT - Continue Council directed that a letter be sent opposing the reduction in funding for the Energy Board. APPROVAL OF CLAIMS AND ADJOURNMENT Brancel moved, seconded by Stover to adjourn the regular meeting of Monday, August 14, 1989, at 11:15 P.M., subject to approval of claims for payment. Motion carried - unanimously. - 4 ayes. GENERAL & LIQUOR FUNDS - Acct No. 00-00166-02 Checks # 2809-2874 General $99,539.45 Liquor $ 39,846.90 Payroll Checklist: Checks # 203276-203308 $11 , 206 . 38 $ 2,930.47 $ 42,777.37 Total $J;10,735.83 RESPECTFULLY SUBMITTED, Jan Haugen, Mayor -10- CHECK NO. . ~ CHECK APPROVAL LISTING FOR AUGUST 28, 1989 COUNCIL MEETING TO WHOM ISSUED PURPOSE CHECKS ISSUED SINCE AUGUST 10, 1989 2809 (G) 2810 (G) 2811 (G) 2812 (G) 2813 (G) 2814 (G) 2815 (G) 2816 (G) 2817 2818 (L) 2819 (L) 2820 (L) 2821 (L) 2822 (L) 2823 (L) 2824 (L) 2825 (L) 2826 (L) 2827 (L) 2828 (L) 2829 (L) 2830 (L) 2831 (L) 2832 (G) 2833 (G) 2834 (G) 2835 (G) 2836 (G) 2837 (G) 2838 (L) 2839 (L) 2840 (L) 2841 (L) 2842 (L) 2843 (L) 2844 (L) 2845 (L) 2846 (G) 2847 (L) ICMA CONGERENCE ICMA CONFERENCE/L. WHITTAKER PUB. EMPLOYEES RETIREMENT ASSN.PERA PAYROLL DEDUCTIONS COMMERCIAL LIFE INSURANCE CO. EMPLOYEE LIFE INSURANCE MINNESOTA MUTUAL LIFE EMPLOYEE ACCIDENT/SICKNESS INS. PUB. EMPLOYEES RETIREMENT ASSN.EMPLOYEE PREMIUM FOR AUGUST PHYSICIAN HEALTH PLAN EMPLOYEE HEALTH INSURANCE MEDCENTERS HEALTH PLAN EMPLOYEE HEALTH INSURANCE GROUP HEALTH INC. EMPLOYEE HEALTH INSURANCE VOID BELLBOY CORPORATION LIQUOR AND WINE PURCHASES DAY DISTRIBUTING COMPANY BEER AND MISC. PURCHASES FRANCK'S TRUCKING LIQUOR AND WINE PURCHASES GRIGG'S, COOPER AND COMPANY LIQUOR/WINE/MISC. PURCHASES JOHNSON BROTHERS WHOLESALE LIQUOR AND WINE PURCHASES MIDWEST COCA-COLA COMPANY POP PURCHASES MINNESOTA BAR SUPPLY MISC PURCHASES AND SUPPLIES NORTH STAR ICE MISC. PURCHASES PEPSI-COLA COMPANY POP PURCHASES ED PHILLIPS AND SONS LIQUOR AND WINE PURCHASES POGREBA DISTRIBUTING BEER AND MISC. PURCHASES QUALITY WINE AND SPIRITS WINE PURCHASES ROYAL CROWN BEVERAGE COMPANY POP PURCHASES WASTE MANAGEMENT - SAVAGE WASTE REMOVAL PUB. EMPLOYEES RETIREMENT ASSN.PERA PAYROLL DEDUCTIONS CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS ICMA RETIREMENT TRUST ICMA PAYROLL DEDUCTIONS COMMISSIONER OF REVENUE STATE TAXES WITHHELD THE BANK EXCELSIOR FED/FICA/MEDICARE WITHHELD COMMISSIONER OF REVENUE JULY 1989 FUEL TAX COMMESSIONER OF REVENUE JULY 1989 SALES TAX AIR REFRIGERATION MAIN/REPAIR OF COOLERS/LIQ. I GRIGGS, COOPER AND COMPANY LIQUOR/WINE/MISC. PURCHASES JOHNSON BROTHERS WHOLESALE LIQUOR AND WINE PURCHASES MINNEGASCO UTILITIES NORTHERN STATES POWER COMPANY UTILITIES ED PHILLIPS AND SONS LIQUOR AND WINE PURCHASES QUALITY WINE AND SPIRITS CO. LIQUOR AND WINE PURCHASES A & K CONSTRUCTION PAYMENT VOUCHER NUMBER 7 & FINAL WASTE MANAGEMENT - SAVAGE WASTE REMOVAL TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED -1- AMOUNT $ 439.00 2,206.58 34.20 216.00 18.00 3,501.00 389.10 254.70 4,905.93 5,590.59 292.80 5,977.09 1,494.89 761. 35 321.39 522.06 377 .80 1,702.49 1,162.70 589.05 135.62 46.00 1,464.82 37.00 468.08 804.65 4,781.31 139.66 10,257.35 99.50 3,904.74 103.61 41.08 354.97 537.78 622.11 12,446.12 46.00 27,200.22 39,846.90 67,047.12 . CHECK APPRO. LISTING FOR AUGUST 28, 1989 CeIL MEETING .. CHECK NO. TO WHOM ISSUED PURPOSE AMOUNT PAYROLL REGISTER FOR AUGUST 16, 1989 PAYROLL 203276 VOID 203277 (G) LAURENCE WHITTAKER 80 REG HOURS $ 913.89 203278 (G) SANDRA KENNELLY 80 REG HOURS 745.73 203279 (G) SUSAN NICCUM 80 REG HOURS 544.80 203280 (G) ANNE LATTER 80 REG HOURS 505.40 203281 (G) ALAN ROLEK 80 REG HOURS 922.27 203282 (G) WENDY DAVIS 80 REG HOURS 520.03 203283 (G) BRADLEY NIELSEN 80 REG HOURS 910.15 203284 (G) PATRICIA HELGESEN 64 REG HOURS 592.22 203285 (G) JOSEPH PAZANDAK 80 REG HOURS 814.64 203286 (G) CHARLES DAVIS 82 REG HOURS 582.91 203287 (G) DENNIS JOHNSON 80 REG HOURS 667.42 203288 (G) DANIEL RANDALL 80 REG HOURS 683.57 203289 (G) HOWARD STARK 82 REG HOURS 589.08 203290 (G) RALPH WEHLE 80 REG HOURS 523.15 203291 (G) DONALD ZDRAZIL 80 REG HOURS 938.24 203292 (G) JOSEPH LUGOWSKI 80 REG HOURS 662.21 203293 (G) TODD LATTERNER 80 REG HOURS 90.67 203294 (L) RUSSELL MARRON 33 REG HOURS 171. 70 203295 (L) CHRISTOPHER SCHMIDT 80 REG HOURS 417.08 203296 (L) JOHN THOMPSON 48.5 REG HOURS 229.73 203297 (L) MICHAEL KOEBENSKY 29 REG HOURS 141. 94 203298 (L) BRIAN JAKEL 31 REG HOURS 150.00 203299 (L) MARK KARSTEN 20.5 REG HOURS 105.05 203300 (L) WILLIAM JOSEPHSON 80 REG HOURS 577.54 (L) :- 203301 SUSAN LATTERNER 36 REG HOURS 160.77 203302 (L) DEAN YOUNG 80 REG HOURS 551. 95 203303 (L) SCOT BENNYHOFF 8.5 REG HOURS 41. 26 203304 (L) SCOTT BARTLETT 31.5 REG HOURS 152.02 203305 (L) DANIEL HAASKEN 13 REG HOURS 66.62 203306 (L) DOUGLAS FULLER 23 REG HOURS 93.56 203307 (L) MICHEAL FONTAINE 15 REG HOURS 71. 25 203308 VOID TOTAL GENERAL 11,206.38 TOTAL LIQUOR 2,930.47 TOTAL PAYROLL 14,136.85 -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 MEMO TO: MAYOR AND COUNCILMEMBERS FROM: ALAN ROLEK a~ DATE: AUGUST 23. 1989 RE: INCREASE OF THE AUTOMOBILE MILEAGE REIMBURSEMENT RATE I recommend that the City Council increase the mileage reimbursement rate for city employee's use of personal vehicles for city business to $.24 per mile as of January 1. 1990. The present rate is $.22 per mile. It has been at least two years since the previous increase in the mileage reimbursement rate. This rate complies with the allowable maximum reimbursement rate authori~ed by the Internal Revenue Service. Although the city may reimburse at a rate higher than $.24 per mile. a higher rate would be considered income by the I.R.S. and would be taxed as earnings. This would also result in complications in bookkeeping and in reporting requirements. This rate was also considered in the preparation of the 1990 budget. I. therefore. recommend setting the cap of $.24 per mile. If you have any questions relating to this agenda item. please contact me prior to Monday night's meeting. A Residential Community on Lake Minnetonka's South Shore 3,1f '- . . CITY OF SHOREWOOD STUDY SESSION MONDAY, AUGUST 7, 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER The special Study Session and Planning Commission interviews was convened in the Council Chambers at 7:30 P.M., Monday, August 7, 1989, by Mayor Haugen. ROLL CALL Present: Mayor Haugen, Councilmembers Watten, Stover and Gagne. (Brancel - absent) Staff: Engineer Norton, Administrator Whittaker, Planner Nielsen, and Clerk Kennelly. PLANNING COMMISSION INTERVIEWS Council interviewed the following people individually for the vacancy on the Planning Commission: Nicholas J. Stockwell Steven Dzurak David Dean Dave Pitney PLANNING COMMISSION APPOINTMENT Gagne moved to appoint David Dean to the Planning Commission vacancy, Stover seconded for discussion. The motion was denied 1 Aye (Gagne) to 3 Nays. Watten moved, seconded by Stover, to appoint Dave Pitney to the Plan- ning Commission vacancy. Motion carried 3 ayes to 1 nay (Gagne). FINANCING PUBLIC IMPROVEMENTS DISCUSSION Mayor Haugen began the Study Session with a discussion regarding the water system and the current water policy. She asked the Council what · their position is regarding changing the water policy and questioned what should be done to eliminate the deficit in the water fund. Gagne would like to see all commercial property watered and to change the policy to extend water with a petition signed by the majority of the affected residents instead of 100% signatures. Stover asked if a City wide water plan has been completed. Norton referred to the Comprehensive Water Plan that was completed in February of -1984. -1- c!R1J . . MINUTES - MONDAY, AUGUST 7, 1989 - STUDY SESSION PAGE 2 FINANCING PUBLIC IMPROVEMENTS DISCUSSION - Continue Watten recalled the referendum when the residents opposed city wide water. A public meeting was held to discuss municipal water,the issue did not go to a referendum vote, only verbal participation. Stover stated that she would consider a change in the policy of majority percentage but would not agree on 51%. Haugen questioned the need for additional public works facility or the possible relocation of the entire department or relocation of Badger Park. Nielsen did not feel the soil conditions would be suitable for additionql structures on the Badger Park site. Additional information must be provided to determine the public works departments future needs. Council discussed the options of shared services with the surrounding cities similar to the joint powers for police services. The Public Works Director could compile a list of services that could be shared with other cities. The Council discussed various methods of funding storm drainage and street improvement projects. They reviewed the use of levying costs to specific taxing districts, or continuing to use general tax revenue for these projects. They spoke about setting standards for replacement streets and assess the cost of the improvement back to the benefiting residents. Various combination of funding sources were considered. General funding, assessing in accordance with benefit and special infrastructure taxing districts could be used to pay for these projects. Council directed the staff to obtain additional information on the use of ~eneral taxes and assessments. Staff has recommended the use of taxing districts for drainage projects. Improvements that benefit all residents such as parks and a salt shed, could be levied to general taxes. Those projects that benefit specific areas should be assessed to those property owners. Watten moved, seconded by Stover, to direct the staff to present a special taxing district for a drainage project and explain the method of assessment. Motion carried - 4 ayes. Council asked staff to prepare a cost comparison of patching and seal- coating versus upgradlng streets to designated standards. Street cost could be divided between MSA funds, general funds and assessing bene- fiting properties. _Tax increment financing should be investigated for the installation of Highway 7 intersection improvements. RECYCLING BIN DISCUSSION Council was shown three styles of recycling bins with there costs. Couricil preferred the 3 bag plus model at $6.70 each. The City could charge the residents for the additional costs of the bins not reimbursed by the County. Watten expressed his disappointment by not being informed during the -2- ~ . . MINUTES - STUDY SESSION, MONDAY, AUGUST 7, 1989 PAGE 3 RECYCLING BIN DISCUSSION - Continue additional search for bins as he initiated the original bucket.style proposal. Whittaker apologized. REQUEST FROM WEST HENNEPIN HUMAN SERVICES Bob Larson asked if the City would place a note on the service con- servation billing statement for their energy program. The residents interested in the conservation program would check off on the state- ::::c:: :e::a::eP:::::::~al ~~~ ~ neWSl~~UffiCient to notify interested residents. ADJOURNMENT The Study Session on Monday, August 7, 1989, was adjourned at 12:05 A.M. on Tuesday, August 8, 1989. RESPECTFULLY SUBMITTED, Jan Haugen, Mayor Sandra L. Kennelly City Clerk -3- . CI'IY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 15 AUGUST 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER Chair Schultz called the meeting to order at 7:32 P.M. ROLL CALL Present: Chair Schultz; Commissioners Leslie, Spellman, Benson, Mason, Bongaards; Council Liaison Stover; Planner Nielsen; Planning Asst. Helgesen. Absent: Dave Pitney (excused). APPROVAL OF MINUTES Spellman moved, seconded by Mason to approve the minutes of 18 July 1989 as written. Motion carried unanimously. 7:30 P.M. PUBLIC HEARING - SETBACK VARIANCE/VARIANCE TO INCREASE THE NONCONFORMI'IY OF A NONCONFORMING STRUCTURE William Waples - 5685 Echo Road Mr. Waples would like to add a second story to his existing home which is only 6.4 feet from the north side lot line. He proposes to extend the structure straight up from the existing walls which will increase the nonconformity. He is requesting a 3.6 foot setback variance and variance to increase the nonconformity of a nonconforming structure. Planner Nielsen explained that due to the fact that there is ample buildable area on the lot south of the existing house, the variance does not meet the hardship test of the ordinance. Mr. Waples said that he does not feel a 44" encroachment is unreasonable, and he would lose two mature trees on the south side if he built the addition on that side. He added that the property slopes down on the south side as well. Public portion of the public hearing opened at 7:35 P.M. Sue Tolschner, 5780 Echo Road, said she is concerned about the unkept condition of the property. There are six cars parked in the driveway and one on the street. Mr. Waples said he is aware of the "shabby" appearance of the property and he wishes to make improvements to it now. Public portion of the public hearing closed at 7:39 P.M. Spellman moved, seconded by Bongaards to recommend to Council denial of the setback variance and variance to increase the nonconformity. Leslie asked Mr. Waples how he feels about "alternative G" of the Planner's report. He said it does not create enough floor space for their needs. Leslie said she is hesitant to see the nonconformity increased and a precedent set. Schultz said the loss of two trees doesn't constitute hardship. L.jA Motion carried unanimously. ..~ Minutes Planning Commission Meeting 15 August 1989 7:45 P.M. PUBLIC HEARING - SETBACK VARIANCE/VARIANCE TO INCREASE THE NONCONFORMITY OF A NONCONFORMING STRUCTURE Siegfried Weissner - 26780 Smithtown Road Mr. Weissner proposes to add a second story to his home. The existing house does not comply with the front yard setback. and since he is proposing to build directly over the existing structure. he has requested a setback variance and variance to increase the nonconformity of a nonconforming structure. ~he Planner's report notes that a 28.5 x 42 foot second story addition could be built without a variance (starting approx. 12 feet back from the front of the building). and there is also buildable area behind the house. Public portion of the public hearing opened at 7:50 P.M. Mr. Weissner said that two years ago he was told that the City could issue him a building permit for an addition if he jogged it back just 4 to 5 feet from the front of the house. He also said that the building inspector suggested that he apply for a setback variance so he could build upon the existing walls. Mr. Weissner submitted a petition of signatures from his area neighbors supporting his proposal. Public portion of the public hearing closed at 8:00 P.M. Leslie asked how much space is gained by the alternative suggestion exhibited in the Planner's report. Planner Nielsen said that nearly 1200 sq. ft. could be built as a second story without a variance. plus there is room behind the house to add 400 sq. ft. to the first level or 800 sq. ft. as a two level ad~ition. for a 1600 to 2000 sq. ft. additional living space potential. Commissioners noted that this would be more space than is being proposed by the applicant. Spellman moved. seconded by Benson to recommend denial of the setback variance and variance to increase the nonconformity. Motion carried unanimously. This item will be on the Council agenda of 28 August 1989. HEIGHTS OF ST. ALBANS BAY - REZONING AND PRELIMINARY PLAT (tabled from 6 June 1989) Gene Erickson - S.E. quadrant of St. Albans Bay Road and Manor Road This proposal was tabled at the 6 June Planning Commission meeting in order to allow the developer time to address the proposed road design. The developer has modified his original design and submitted a traffic engineering analysis dated 29 June 1989 prepared by Benshoof and Assoc. Also received was additional public response opposing the proposal which became attachments to the staff report. These responses were from: Richard Gulstrand. 20635 Manor Road. Jim and Trudy Burkholder. 5290 St. Albans Bay Rd. and John E. Sayer. 5 Channel Drive (Greenwood). Planner Nielsen reviewed his report. The main focus has been on the proposed road due to its location and proposed grade of 8% (originally proposed to be 10%). where the ordinance requires 6%. Nielsen said the question is: is a variance to the street grade requirements of the ordinance appropriate due to the applicant's location of the house under construction on existing Lot 41 - 2 - Minutes Planning Commission Meeting 15 August 1989 Rick Sathre. Sathre and Bergquist Engineering. presented a graph which illustrated the difference between a 6. 8 and 10 percent slope compared to the existing grade (approx. 13%) at the site of the proposed location of the road. He said allowing a greater slope would cause less site disturbance. however. a 6 percent slope can be achieved by filling up to 10 feet. He said the 2% slope landing at the top of the road is proposed to begin at the center of the existing paved portion of St. Albans Bay Road. and remain at 2% for a distance of 25 feet. He also added that he feels the proposed R-1B zoning would be in keeping with the existing neighborhood. Leslie and Benson asked for clarification of the 2% slope landing. whether or not that landing is within the public r.o.w. Mr. Sathre said yes it is within the r.o.w.. and if a car were stopped at the intersection of the proposed road and St. Albans Bay Road. the car would be entirely within the City r.o.w. Mr. Sathre agree with the City Engineer in that it would be better if the landing were longer. but what that would do to the land is not desirable. Spellman said the developer is asking the City to compromise the safety standards. Mr. Sathre said he doesn't agree. Schultz asked what effect would lengthening the proposed road. such as the City Engineer has suggested. have on the house under construction? Nielsen said the house could become a nonconforming structure. Walter Bean. 5285 St. Albans Bay Road. rezoning/preliminary plat is approved. a building permit based on the current pointed out that "Lot 5" does not exist until the The existing house under construction was issued property known as Lots 3 and 4. Schultz said it seems to him that the developer is trying to squeeze too much out of this property. and the problem is compounded by the fact that the applicant is already building a house on the property. He doesn't see why the City should compromise any of its standards in order to accommodate the subdivision of this property. Topography is a limiting factor for this site. Jeff Schultz. 5330 Manor Road. said this seems like a good opportunity to get rid of the eyesore (the old white house) which currently sits on the corner. If the issue of the street grade could be overcome. the area could be improved. Chair Schultz said if they hadn't started building the new house in the middle of it. it could have been a nice plan. Walter Bean said he is opposed to the rezoning and feels the Comprehensive Plan is flawed. The area has been butchered up enough over the years through platting. it shouldn't necessarily continue. Dan Plowman. (applicant). said platting this property now as proposed will avoid a piecemeal subdivision over time in the future. The property will end up with a safer road now than with the possibilities in the future. Benson said if the road has to be in a different location than proposed in order to safely achieve the 6% grade and that causes the loss of one lot. that is an economic problem of the developer. The problem was really caused by the location of the house under construction by the developer. - 3 - Minutes Planning Commission Meeting 15 August 1989 Dan Blake (developer's engineer). asked how the Commission would feel about the rezoning if the street grade were not.an issue. Schultz said the issue of rezoning is moot. access is too important an issue. Mike Collins. 5215 St. Albans Bay Road. said his driveway is located right across from the proposed road. The hazard caused by a steep grade will disable drivers from stopping and end up in his yard where his children might be. Rich Gulstrand. among other things expressed concern over what the grade of the individual private driveways will have to be. and who will maintain site distance after the initial clearing of the vegetation along St. Albans Bay Road. Spellman moved. seconded by Benson to recommend to Council denial of the rezoning and preliminary plat. Schultz said he is disappointed that the concerns expressed by the Commission at the June meeting were not adequately addressed by the developer. Motion carried unanimously by roll call vote - 6 ayes. This item will be on the Council agenda of 28 August 1989. SIMPLE SUBDIVISION Peter Holmberg - 5955 Cajed Lane/27055 Smithtown Road Mr. Peter Holmberg of 5955 Cajed Lane and Ms. Barbara Nygaard of 27055 Smithtown Road request approval of a subdivision and combination to straighten out the lot ~ine between their properties. The sites are located in the R-1A zoning district. Holmberg's lot contains 39.682 sq. ft. and the Nygaard lot contains 21.290 sq. ft. They propose to swap equal-sized triangles of 1886 sq. ft. each. Since both lots are substandand in size for their zoning district. there is no opportunity to bring either into conformity. The purpose of the division/combination is to straighten the common line between the two so that the rear yard of the Nygaard lot will no longer jut into what is technically the front yard of the Holmberg property. and so the Holmberg property will no longer cut off the front of the Nygaard property. Leslie moved. seconded by Mason to recommend to Council approval of the subdivision/combination subject to the Planner's recommendations: 1. The applicants must provide up-to-date (within 30 days) title opinions for their respective lots. 2. The applicants must provide drainage and utility easements 10 feet on each side of each side and rear lot line. except for the southerly 175 feet of Mr. Holmberg's easterly lot line. 3. The above-mentioned items must be completed within 30 days of the Council's approval of the request. 4. Once the applicants have received the resolution approving the division/combination. they must record it within 30 days. Motion carried unanimously. - 4 - Minutes Planning Commission Meeting 15 August 1989 MATTERS FROM THE FLOOR Mayor Haugen was present and expressed her gratitude to the Planning Commission for their hard work. ~PORTS Council Liaison Stover announced that the Council has appointed a new Planning Commissioner. His name is Dave Pitney. he lives in the Near Mountain development and has an educational background in urban planning. ADJOURNMENT Benson moved. seconded by Spellman to adjourn the meeting at 9:48 P.M. Motion carried unanimously. Respectfully submitted: Patti Helgesen Planning Assistant - 5 - '.. ... ., 'CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, AUGUST 22, 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 PM MINUTES ROLL CALL LABEREE LINDSTROM VOGEL WILSON WEATHERLY ANDRUS CHRISTENSEN CALL TO ORDER Chairman Laberee called the meeting to order at 7:07 PM. APPROVAL OF MINUTES Vogel moved, Wilson seconded, to approve the minutes of Tuesday, August 8, 1989 as written. Motion carried - 4/0. LIAISON - 2ND AUGUST MEETING Chairman Laberee will be the liaison to the August 28th Council meeting. DISCUSSION - PARK PLANNER/LANDSCAPE ARCHITECT Laberee said the Park Commission has been trying to work from preliminary plans and you can't bid from them. He said the Park Commission should have their own expert, someone that specializes in this area. He said he also thinks that a certified landscape architect would cost much less than having the City Engineer do everything. The Park Commission discussed the advantages of a Park expert. They would like the Council to consider having a Park Planner/Landscape Architect on retainer for Parks. Staff has been asked to contact several firms asking for information. The Commission was presented with three names and asked if they wished to add to the list. Laberee suggested contacting James Robin, a former Park Commission Chairman who still lives in Shorewood. He said Robin has designed parks for the City of Bloomington and also does county parks. Mr. Robin also teaches at the U. The Commission also asked that Van Doren Hazard Stallings be included. They feel that it should be made clear that the major part of the job is recommendations for park improvement financing. MATTERS FROM THE FLOOR Freeman Park .Lindstrom said he had visited the Park with Todd Strote, President of the Excelsior Softball League. Lindstrom mentioned that George Haun has been doing consultant work for us. Strote said the St. Louis Park fields are the best in the state. Lindstrom said he felt that it is important, especially without a warning track, to make sure that the outfield fence is set back at least 280', and the closer to 300', the better. The Commission agreed with Lindstrom, saying this had also been recommended by Haun. The Commission requests that Admin- istrator Whittaker talk to Norton and Haun regarding the rear fence setback and set up a special meeting if necessary. LjJ3 PARK COMMISSION MINUTES TUESDAY, AUGUST 22, 1989 Page two MATTERS FROM THE FLOOR - Continued Silverwood questionaire The Commission spent a long time reviewing the Comprehensive Plan and the LAWCON Grant items, they then came up with a list of consider- ations that they felt would be appropriate for Silverwood Park. Wilson felt that a copy of the preliminary park plan should be included. He also suggested informing people that the Commission, using the Comprehensive Plan, utilized the park to its fullest capabilities before there were any people in the area--and now would like input. The Commission chose 5 categories for rating individual preferences: 1. most important 2. somewhat important 3. indifferent 4. not important 5. not wanted The Commission felt that they did not want to get too detailed. They will add a "other suggestions and comments" area where people can add any additional information. They started by listing passive activities and lead up to active activities. picnic area picnic pavilion scenic overlook winter sliding hill children's playground area toddler's playground area grassy common area pickup ballfield regulation ballfield The residents name and address space will be optional. tennis courts hockey rink free skating rink warming house volleyball court basketball Snowmobiles The Park Commission was informed of the 2/2 vote and asked to be informed before any further action takes place as they would like to meet with the Council if further action is intended. Manor Pond - Weeds around edges Staff informed the Commission that there had been a request to cut the weeds around the pond. The Commission prefers to leave it natural. Tot Equipment in Parks Staff informed the Commission that a request had been received for Toddler play equipment in parks. The Commission will add this to there park plans. American Legion Post 1259 contribution The Legion contributed $2,500 to be used for drinking fountains in Freeman Park. y I!\ ) ~ '\ ~ \jY . PARK COMMISSION MINUTES TUESDAY, AUGUST 22, 1989 Page three MATTERS FROM THE FLOOR - Continued Freeman Park - Football Goal Posts The Park Commission would like to have the location of the football field goal posts in Freeman Park marked so the goal posts can be installed this fall. They will ask Christensen to talk to the Football people to see if they would consider contributing the cost of the posts. Staff will check costs. Forecast - Public Artworks Niccum informed the Commission of her response to the letter she sent to Forecast informing them of the Park Commission1s reaction. Forecast said IIWe normally specialize in temporary installations, however, we are willing to consider permanent works such as playground equipment. For safety reasons special consideration must be put into such a design. Liability insurance for a permanent installation would then be the responsibility of the ownersll. The Commission asked Sue to check this out. Hennepin County Regional Railroad Right-of-way - Signs There has been a problem with people driving down the newly improved portion of the right-of-way, apparently they think its a road. The Commission feels it is important to put signs at all street crossings as soon as possible for safety reasons, they are asking for two different types of signs -- IINo motorized vehicles except snowmobiles allowedll (similar to the existing red signs with white lettering) and IIWelcome to the City of Shorewood1s Walking and Biking Trailll (possibly with the City Logo). possibilit of makin :-aJreY- at someone had mentioned an area in Manor Pond that has been made into a and swimming area. The Commission Whittaker about it. Vogel moved, Lindstrom seconded, to adjourn the meeting at 9:40 PM. Motion carried unanimously. RESPECTFULLY SUBMITTED, Sue Niccum Park Staff Rep MAYOR Jan Haugen COUNCIL K risti Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: CITY COUNCIL FROM: SUE NICCUM RE: AUGUST 24, 1989 CONSIDERATION OF PARK PLANNER/LANDSCAPE ARCHITECT TO WORK WITH PARK COMMISSION - DESIGNING SILVERWOOD PARK - POSSIBLE BOND REFERENDUM DATE: The Park Commission would like to send letterstothe following: 1. Mike Gair and Associates (affiliated with OSM) 2. westwood Planning and Engineering Tim Erkala, Landscape Architect, did existing Freeman Park Plan. 3. Dahlgren, Shardrow, and Uban 4. Van Doren Hazard Stallings M. Koegler gave a presentation to the Park commission at their August 8, 1989 meeting. ~:c 5. James Robin and Associates Robin is a former Park Commission Chairman of the City of Shorewood. He currently lives in Shorewood. He has designed parks for the City of Bloomington, as well as county parks. He currently teaches at the "Un. The letter would request their qualifications, experience, references, a list of their staff members, and fees. It would also inform them of what would be expected of them-- site plans, capital improvement programs, neighborhood input and support, financing, and sheparding bond referendums if necessary (which would include selling them to the residents). -;. A Residential Community on Lake Minnetonka's South Shore . / CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, AUGUST 8, 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 PM M I NUT E S CALL TO ORDER Chairman Laberee called the meeting to order at 7:00 PM. ROLL CALL Present: Chairman Laberee, Commissioners Christensen, Lindstrom, vogel, Andrus, and Wilson; Administrator Whittaker; Council Liaison Gagne; and Park Staff Rep Niccum. Absent: Commissioner Weatherly APPROVAL OF MINUTES Lindstrom moved, Vogel seconded, to approve the minutes of Tuesday, July 11, 1989, as written. Motion carried - 6/0. Lindstrom moved, Christensen seconded, to approve the minutes of Tuesday, July 31, 1989, as written. Motion carried - 6/0. BOND REFERENDUM DISCUSSION/PARK CAPITAL IMPROVEMENT 5 YEAR PLAN R. Mark Koegler of Van Doren Hazard Stallings, Inc., a landscape architect, was present to give the Park Commission some answers. Koegler was Planning Director for the City of Chanhassen from 1979 to 1982. During this time a referendum passed for the City Hall/Fire Station. He now does park planning for the cities of Champlin, Mound and Chanhassen. Koegler said the fact that the City has a comprehensive plan and a 5 year parks capital improvement plan is the first step. He said people are more likely to vote positively for something if its what they really want. If neighborhood meetings were held to find out what the people in each area want in their parks first, then the plans could be drawn or updated. He said it is important to have a liaison between the Council and the Park Commission so the Council is aware of what's_going on. and can offer support. Koegler said various ways of raising money for parks are grants, tax increment financing, the general fund, and bonding. He said when planning a bond referendum it is important not to forget maintenance. It is important to form a Task Force made up of the Commission or the Commission and residents, that this would be the "core" group - the "sales" group. The task force would meet with neighborhoods and do mailings and promotion. He said the reason for the Task Force to be local is because they are familiar with the City and parks. He made it clear that it is a lot of hard work. He said a lot relates to "timing". The Commission asked him if his firm was hired what his job would be. He said his role could be anything from retainer and consultant to casual guidance. He said volunteer groups can do tremendous jobs, the more diverse the group, the more sucessful they will be. Laberee said he felt the chance of getting a referendum through were slim to none. Gagne disagreed, he felt the people would come through. The Commission asked what kind of timing they were talking about? Koegler said 6 months to a year. The Commission said a year sounded more feasible. -1- . ~ or . MEMORANDUM TO: FROM: DATE: RE: 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 CITY COUNCIL SUE NICCUM AUGUST 25, 1989 SILVERWOOD PARK QUESTIONAIRE Attached are two "rough copies" of the questionaire. Council suggestions would be appreciated. I thought it better to have you review it before it was given to the Silverwood area resident. Thank you. A Residential Community on Lake Minnetonka's South Shore , l ~OULiH pJ<:J-)t- J CY'JuJ'- f/MKX- L(~)MMJ')"S~/OJ\) J · SI LVf=R\NOJD PARk QUESfJONAI R E C~'\JE~ lETTEr:: 0e ON Q UESTIONA}RE ? \.\ THIS SURUt: ~ /5 BaNG SEtJT 'TO 'THE NEIG.HBoRH(X)D THAT WILL USE rHIS PARK. WE !JEEr) AN D APPRECJATE YOLL12- I NPll'T'" PLEASE f<A1E. -rHESE ACCORDiNG. TO WHAT 'lOll FEEL-YOLUc.. FAMIU} AND NEIGH6:.)R.J-t).)D NEED IN IHIS PARJ::::.. 1-\T1 ACHED 'lOll L.VfLL. FiND J Ht PREUlYINl'/(Y PU1N fOR S iLVEiQ..iXX)D PARK:.*-, HE PURFbSE uf -, HIS SLJRVELI 15 -r<0 · DEV€J...:::f> 1 HE FINAL PLAN SO \A/HEN -, t-/E FON[jjS 8€CDHE AU(-)/LJ-')F;:LE CDNSl RLICTk~N CAN BEL~iN. PI eNI c AREA PICNIC PAVIUON S CEN Ie 0\1 EI<J.O)/c" C1 RASS lr' COM HD~ A REA WINTER SU DING tl/L-L.. CHILDREN'S PLAqC,I<DL).JD A TDDDLER'S PLAL/G~D AfCEA ~ EN",.J15 COUl<.l-S' Hoc KEY RJ ~i Ie... FREf3 SKi-",N6 f<JNK LVAe.H 1 NC1HoUSE V c)LLEV BALL- COU.c.T BAS KETi3ALL-- REG U.i.F)Tlot-J soF1Bf-'\LL- Flt=.LD PI CK L) P SA Li..-F iE-LJ::> . 61 r1E.R. Sl.)fi[-iJ::;S:.,' IONS E... CoMl'--lE-l'~n s g -. I I 2- .3 4- 5 2- .5 4 S 2- 3 4 5 Z- 3 4 5 Z, '3 4 5 Z. 3 4 5 ~ :3 4- 5 Z, 3 4 5 2 3 4 5 2 .3 4 t::.. .::J 2.- 3 4 5 .2" .3 4 5 2- .3 -4 5 2- -3 4 C' :::J 2- 3 4 t::. -..:::> l *''1 HIS PLAN LlJf)S DkALUN ue flCtOK:f),tJA J D 1 t le- ell Ll 'OF St-lOR1=LLBJD:S COl'-~PR:EHEtJSJ(jE PU\N, 1-rrI.:>NFtL~ NAn1E' ~~ f\DDRESS If- 'IOj) t)f-\VE 1~!\J11 .)UES1/,:Jl\.15 PLEf\SE CALL S llf 1-)1 en!} HHLL - -4-1-4 -323'=:)_ I I 1 , , I / "; i .r I ! I r f j , f i . . I I , , I ~.>".,.:.:---"'-> "-.,' C III/~' i- ,~~ -__,~""""""_",~,___,,,,;"'__'~"'_~_"_""'" h...<..... - ~ ~-- PAriE 4- PAGE ~-_..... NA""s/~' REs , c:&J"T COJEfG . .lEfTE~ + MAP P f,)C, E z.. PAC::Z E 3 , ~.\ \, \ -. . O'lHDc SLI(,OfSTio1J-S ~ CD "" fvl E 1--.11 S --.- -.- . -- '- "~, . "-...---- , ( I r . ( I '". . ___~'__...fi,.._~.,...,_.____.___._~..___ -- "::"'-.:._-,'. t. 4. " ~ _._~---- ._<-~...,._- l~ l LfSI r.~IJA)~ --_._.".-~,--,.".~,....__._~_.,-- " ,. . . After due consideration of said bids, Member introduced the following resolution and moved its adoption: RESOLU'l'ION NO. nil CA"'6 \ RESOLU'l'ION AWARDING THE SALE ~F $1,095,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1989A: FIXING THEIR FORM AND SPECIFICATIONS: DIRECTING THEIR EXECU'l'ION AND DELIVERY: AND PROVIDING FOR THEIR PAYMENT. BE IT RESOLVED, By the City Council of the City of Shorewood, Minnesota, as follows: ,. 1. The proposal of to purchase $1,095,000 General Obligation Improvement Bonds, Series 1989A of the City described in the notice of sale thereof is hereby found and determined to be the highest and best bid received and shall be and is hereby accepted, such bid being to purchase such bonds at a price of $ plus accrued interest to date of deli very, such bonds to bear interest as follows: The sum of $ , being the amount bid in excess of $1,078,575, shall be credited to the bond sinking fund hereinafter created. The City Clerk is directed to retain the good faith check of the successful bidder pending completion of the sale and deli very of the bonds. The Ci ty Clerk is directed to return the checks of the unsuccessful bidders forthwith. 2. The City of Shorewood shall forthwith issue and sell its General Obligation Improvement Bonds, Series 1989A (the -Bonds-) in the pr incipal amount of $1,095,000, dated October 1, 1989. The pr inted, fully registered bonds shall be in the denomination of $5,000 each or higher multiples thereof for any single maturity, bearing interest as above set forth, all interest payable February 1, 1990, and semiannually thereafter on August 1 and February 1 in each year, and which bonds mature ser ially on February 1 in the years and amounts as follows: 5 , .' . ., y:eAR AMOUNT 1997 $80,000 1998 80,000 1999 80,000 2000 75,000 2001 75,000 2002 75,000 2003 75,000 YEAR AMOUNT 1990 $55,0.OU 1991 85,000 1992 85,000 1993 85,00C 1994 85,000 1995 80,000 1996 80,000 The Ci ty may elect on February 1, 1996, and on any day thereafter, to prepay Bonds due on or after February 1, 1997. Redemption may be in whole or in part, in inverse order of matur i ty by lot as selected by the registrar. All prepayments shall be at the price of par and accrued interest. 3. Both pr incipal of and int,erest on the Bonds shall be payable at and the City of Shorewood shall pay the reasonable charges of said bank for its services as paying agent. 4. The Bonds shall be in substantially the following form: (Face of the Bonds) UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY Cln OF SBOREWOOD GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1989A Rate Maturity Date of Original Issue CUSIP October 1, 1989 KNOW ALL MEN BY 'lBESE PRESENTS that the Ci ty of Shorewood, Hennepin County, Minnesota, a municipal corporation, (the City), acknowledges itself to be indebted and, for value received, hereby promises to pay to or registered assigns, the principal sum of DOLLARS, on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable on February 1 and August 1 in each year, commencing February 1, 1990, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof at the pr incipal office of the Bond Registrar hereinafter designated, the pr incipal hereof are payable in lawful money of the United States of America by check or draft of the , in , Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the Bond Registrar), or its successor designated under the Resolution described herein. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth hereon. . . ; This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resoluti~n until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Sh~rewood, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Clerk, and has caused this Bond to be dated as of the date set forth below. Dated: (Facsimile Signature) City Clerk (Facsimile Signature) Mayor CERTIFICATE OF AUTBEN'.rICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. as Bond Registrar and Paying Agent Dated: Authorized Representative (Reverse of the Bonds) By This Bond is one of an issue in the aggregate pr incipal amount of $1,095,000 (the Bonds), all of like date and tenor except as to serial number, denomination, interest rate, redemption privilege, and maturity date, issued pursuant to a resolution adopted by the Ci ty Council on August 28,1989, (the Resolution), to refinance the City's $1,450,000 General Obligation Temporary Improvement Bonds, Series 1987A, dated July 1, 1987, and is issued pursuant to and in full conformity with the provisions of the Consti tution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475. This Bond ~s payable pr imar ily from the General Obligation Improvement Bond, Series 1989A Fund (the Bond Fund) of the City, but the City is required by law to pay maturing principal hereof and interest hereon from any available funds of the City if moneys on hand in the Bond Fund are insufficient therefor. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any multiple thereof, of single matur i ties. The Ci ty may elect on February 1, 1996, and on any day thereafter, to prepay Bonds due on or after February 1, 1997. Redemption may be in whole or in part, in inverse order of matur i ty by lot as selected by the registrar. All prepayments shall be at the pr ice of par and accrued interest. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the pr incipal office of the Bond Registrar, by the registered owner hereof . . ~ in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by tre registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the Ci ty will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing. interest at the same rate and matur ing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of recei ving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make ita valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed in regular and due form as so required; that the City has levied or will levy special assessments and ad valorem taxes, collectible in the years and amounts required to produce sums not less than five percent in excess of the principal of and interest on the Bonds as such principal and interest respecti vely become due, and has appropr iated the same to the Bond Fund in the manner specified in Minnesota Statutes, Section 475.61; that, in the event of any accumulated or anticipated deficiency in the Bond Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the Ci ty to exceed any constitutional or statutory limitation. The fOllowing abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were wr i tten out in full according to the applicable laws or regulations: TEN COM - as tenants in common UNIF TRANSFERS MIN ACT...Custodian.... (Cust) (Minor) TEN ENT - as tenants by the entireties JT TEN as joint tenants wi th right of- survivorship and not as tenants in common under Uniform Transfers to Minors Act . . . . . . . . . . (State) . . _.'.. . .-...... ..- . - -~ ... Addi tional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns, and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint " attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: The assignor I s signature to this assignment must correspond with the name as it appears upon the face of the wi thin Bond in every particular, without alteration or any change whatever. Signature (s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided: Name and Address (Include information for all joint owners if the Bond is held by joint account.) PLEASE INSERT SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING NUMBER OF ASSIGNEE 5.- The Bonds shall be issuable only in fully registered form. The interest and pr incipal amount thereof shall be payable by check or draft issued by the Registrar described herein. 6. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which -e, e interest has been paid or made available fer p3yment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is-prior to February 1, 1990 ~ in which case such Bond shall be dated as of October 1, 1989. The interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 1990, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 7. Registration. The City shall appoint and shall maintain a bond registrar, transfer agent, and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate.and deliver one or more new Bonds of a like aggregate pr incipal amount and matur i ty, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liabili ty for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. . . (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the Ci ty upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deli ver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which bond the City and the Registrar shall be named as obligees, all pursuant to the provisions of Minnesota Statutes, Sections 475.69 and 475.70. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation. shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 8. Appointment of Initial Registrar. The City hereby appoints as the initial Registrar. The Mayor and the City Clerk are author ized to execute and deliver, on behalf of the City, a contract with as Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and - customary charges of the Registrar for the services performed. The Ci ty reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Reg1strar, in which event the predecessor Registrar shall deliver all cash and Bonds in . . ~ its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date,. wi thout further order of this City, the Ci ty Clerk shall transmit to the Registrar, from the General Obligation Improvement Bond Pund descr ibed in paragraph 15 hereof, monies sufficient for the payment of all principal and interest then due. 9. Preparation and Deli very. The Bonds shall be prepared under the direction of the Ci ty Administrator and shall be executed on behalf of 'the Ci ty by the signatures of the Mayor and the Ci ty Clerk, provided that the Mayor and Clerk's signatures may be facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an author ized representative of the Registrar. Certificates of authentication on different bonds need not be signed by the same representative of the Registrar. The executed certificate of authentication on each bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the Clerk to the Purchaser upon payment of the purchase price, and the Purchaser shall not be obligated to see to the application of the purchase price. 10. The Clerk shall cause the proceeds of the Bonds to be applied for the costs of construction of public improvements author ized and approved pursuant to Minnesota Statutes, Chapter 429. 11. It is hereby determined that the Improvements to be financed by the Bonds will directly and indirectly benefit the abutting property, and the City hereby covenants with the holders from time to time of the Bonds, as follows: (a) The City will cause the assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 1990 if necessary and will take all steps necessary to assure prompt collection. The City Council shall cause all further actions and proceedings relative to the making and financing of the Improvements financed hereby to be taken with due diligence that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and for the final and valid levy of special assessments and the appropriation of any other funds needed to pay the obligations and interest thereon when due. (b) In the event of any current or anticipated deficiency in said special assessments, the City Council will levy ad valorem taxes in the amount of said current or . . anticipated deficiency. (c) The City will keep complete and accurate books and records showing all receipts and disbursements in connection wi th the Improvements, the taxes levied and the assessments levied therefor and other fundc appropriated for their payment, and all collections thereof and disbursements therefrom, moneys on hand and the balance of unpaid assessments. (d) The City will cause its books and records to be audited at least annually by qualified public accountants and will furnish copies of such audit reports to any interested person upon request. 12. When all of the Bonds have been discharged as provided in this resolution, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The Ci ty may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due hereon to maturity. 13. The General Obligation Temporary Improvement Bonds, Series 1987A refunded hereby which mature on J'uly 1, 1990, shall be redeemed and prepaid on January 1, 1990, in accordance with the terms and condi tions set forth in the Notice of Call attached hereto as Exhibit A, which terms and conditions are hereby approved and incorporated herein by reference. 14. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder (the Reglations), and covenants to take any and all actions wi thin its powers to ensure that the interest on the Bonds will not become subject to taxation under the Code and the Regulations. The Bonds will be designated by the Ci ty as "qualified tax-exempt obligations" for purposes of the Tax Reform Act of 1986. It is also determined that the Bonds are not arbitrage bonds and are not private activity bonds. The City does not anticipate issuing tax-exempt obligations in 1989 which will exceed $10,000,000. . . 15. The Ci ty has agreed to f'.ur'ish to the purchaser the approving legal opinion of Messrs. Wurst, Pearson, Larson, Underwood and Mertz, of Minneapolis, Minnesota, and such opinion is hereby requested. The City Clerk shall obtain a copy of said approving legal opinion, which shall be complete except as to dating thereof, and shall cause said opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the Clerk in substantially the following form: I hereby certify that the foregoing is a full, true and correct copy of the legal opinion executed by the above named attorneys, except as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of bond delivery. " Sandra Kennelly City Clerk City of Shorewood At the time of delivery, the Clerk shall prepare a similar separate certificate, and the Clerk is hereby authorized and directed to execute such certificate in the name of the Ci ty upon receipt of such opinion and to file the opinion in the City offices. . 16. The Bonds shall be payable from the General Ogligation Improvement Bonds, Ser ies 1989A Fund hereby created. It is hereby determined that the estimated collection of special assessments levied for the payment of the Bonds will produce at least five percent in excess of the amount needed to meet, when due, the pr incipal and interest payments on the Bonds. The City Clerk is directed to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain the certificate required by Minnesota Statutes, Section 475.63. The full faith and credit of the City is irrevocably pledged for the prompt and full payment of the principal and interest on the Bonds. 17. The officers of the Ci ty are hereby author ized and directed to prepare and furnish to the purchaser of the Bonds and to the attorneys approving the same, certified copies of proceedings and records of the Ci ty relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts wi thin their knowledge or as shown by the books and records in their custody and under their control, relating to the validi ty and marketabili ty of the Bonds and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. 18. The Mayor, City Administrator~ and City Clerk are hereby authorized and directed to certify that they have examined the official statement or prospectus prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief said statement is a complete and accurate representation of-the facts and representations made therein as of the date of said official statement or prospectus as it relates to the City. . . .~ ThE motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the fOllowing voted against: whereupon said resolution was declared duly passed and adopted. Approved this day of August, 1989. , . Mayor Attest: City Clerk . . ~ STATE OP IIIRRBSOTA COURTY OP BENRBPIR Clft OP SBORDOOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Shorewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held on August 28, 1989, with the original thereof " on file in my office and the same is a full, true and complete transcript thereof, insofar as the same relates to the issuance and sale of $1,095,000 General Obligation Improvement Bonds, Series 1989A of the City. WITNESS My hand as such Clerk and the corporate seal of the City this day of , 1989. City Clerk City of Shorewood (SEAL) . . Exhibit A NOTICE OF REDEMPTION $1,450,000 General Obligation Temporary Improvement Bonds, Series 1987A .. Dated July 1, 1987 City of Shorewood Hennepin County, Minnesota Notice is hereby given that all bonds of the above issue maturing on July 1, 1990, are called for redemption and prepayment on January 1, 1990. The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of such Bonds should present them for payment to The Marquette Bank Minneapolis, N.A., in the Ci ty of Minneapolis, Minnesota, on or before said date when they will cease to bear interest. Dated , 1989. BY ORDER OF THE CITY COUNCIL City Clerk OFFICIAL STATEMENT DATED AUGUST 14, 1989 NEW ISSUE Rating: Requested from Moody's Investors Service, Inc. In the opinion of Wurst, Pearson, Larson, Underwood and Mertz, Bond Counsel, the interest to be paid on said Bonds is not includable in the gross income of the recipient for United States or State of Minnesota income tax purposes (other than Minnesota corporate and bank excise taxes measured by net income) according to present federal and Minnesota laws, regulations, rulings and decisions. (See "Tax Exemption" herein for a discussion of federal tax legislation.) $1,095,000 City of Shorewood, Minnesota General Obligation Improvement Bonds, Series 1989A Dated Date: October 1, 1989 Interest Due: Each February 1 and August 1, commencing February 1, 1990 The Bonds will mature February 1 as follows: 1990 1991 1992 1993 1994 $55,000 $85,000 $85,000 $85,000 $85,000 1995 1996 1997 1998 1999 $80,000 $80,000 $80,000 $80,000 $80,000 2000 2001 2002 2003 $75,000 $75,000 $75,000 $75,000 The City may elect on February 1, 1996, and on any day thereafter, to prepay Bonds due on or after February 1, 1997 at a price of par and accrued interest. The Bonds will be general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City pledges special assessments against benefited property. Bids must be for not less than $1,078,575 and accrued interest on the total principal amount of the bonds and must be accompanied by a certified or cashier's check in the amount of $10,950, payable to the order of the City. Bidders shall specify rates in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. The Bonds will be bank-qualified tax-exempt obligations pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, and will not be subject to the alternative minimum tax for individuals. The Bonds will be issued in integral multiples of $5,000, as requested by the Purchaser, and will be fully registered as to principal and interest. The Bonds will be delivered without cost to the Purchaser within 40 days following the date of their award. The City will name the Registrar and pay for registration services. BID OPENING: August 28, 1989 (Monday) until 11 :00 A.M., Central Time AWARD: August 28, 1989 (Monday) at 7:30 P.M., Central Time ~ SPRINGSTED Further information may be obtained from SPRINGSTED Incorporated, Financial Advisor to the Issuer, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101 (612) 223-3000. PUBLIC FINANCE ADVISORS S' No dealer, broker, salesman or other person has been authorized by the Issuer to give any information or to make any representations with respect to the Obligations other than as contained in this Official Statement and, if given or made, such other. information or representations must not be relied upon as having been authorized by the Issuer. Certain information contained herein has been obtained from sources other than records of the Issuer and is believed to be reliable, but is not guaranteed as to completeness and is not to be construed as a representation of the Issuer. The information and expressions of opinion herein are subject to change without notice and neither the delivery of this Official Statement nor any sale made hereunder shall under any circumstances create any implication that there has been no change in- the affairs of the Issuer since the date hereof. References in this Official Statement to laws, rules, regulations, resolutions, agreements, reports and other documents do not purport to be comprehensive or definitive. All references to such documents are qualified in their entirety by reference to the particular document, the full text of which may contain qualifications of and exceptions to statements made herein. Where full texts have not been included as appendices hereto, they will be furnished on request. This Official Statement was prepared for the information of bidders for the Obligations at public sale being held by the Issuer. Only the Arabic numbered pages and the Appendices of this Official Statement may be used or reproduced, in whole or in part, for distribution to investors. However, no assurance can be given and no representation is made that no additional information is required when the Obligations are reoffered by the Underwriters to Investors or that this Official Statement states all facts which would be material to an investor purchasing Obligations from the Underwriters. Paae(s) TABLE OF CONTENTS Official Terms of Offering ........................................ ................ ......... ................... ............. .......... i-ii Schedule of Bond years.............. ................ ........................ ............................ ......... ................. iii Introductory Statement.............................................................................................................. 1 Authority and Purpose............................................................................................................... 1 Security and Financing..... ............. ... ........................................ ....... ............... .............. ............. 1 Future Financing.... ............................................................... ............................. ........ ................ 1 Litigation .............................................................................................................................. ....... 1 Rating......................................................................................................................... ................. 2 Legality....................................................................................................................... ................. 2 Tax Exemption........... ............................................................................. ........ ........ .......... ..... ..... 2-3 Bank Qualified Tax-Exempt Bonds................................................... .................. ................. ..... 3 Certification.................................................................................................................. ............... 3 City Property Values............... ................... ........................... ............ ................. ......... ............... 3-4 City Indebtedness.................................................................................................................. .... 5-7 City Tax Rates, Levies and Collections................ ................ ................... .............. ................... 8-9 Funds on Hand ....... ................................................. ............................. ......... .......... .................. 9 General Information Concerning the City ................................................................................ 9-11 Governmental Organization and Services............................................................................... 11-12 Proposed Form of Legal Opinion................................................................................. Summary of Tax Levies, Payment Provisions, and Minnesota Real Property Valuation........................................... ................... .......... Annual Financial Statements..... .......................................................... ................. ........ - Appendix I Appendix II Appendix III Bid Forms......... ......................... .............................................. ......... .................. ............ Attached OFFICIAL TERMS OF OFFERING $1 ,095,000 CITY OF SHOREWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1989A Sealed bids for the Bonds will be received by the City or its designee on Monday, August 28, 1989, until 11:00 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated October 1, 1989, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1990. Interest will be computed on the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1990 $55,000 1991 $85,000 1992 $85,000 1993 $85,000 1994 $85,000 1995 $80,000 1996 $80,000 1997 $80,000 1998 $80,000 1999 $80,000 OPTIONAL REDEMPTION 2000 $75,000 2001 $75,000 2002 $75,000 2003 $75,000 The City may elect on February 1, 1996, and on any day thereafter, to prepay Bonds due on or after February 1, 1997. Redemption may be in whole or in part and if in part, in inverse order of maturity and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments levied against benefited properties. The proceeds will be used to refinance the City's $1,450,000 General Obligation Temporary Improvement Bonds, Series 1987A, dated July 1, 1987. TYPE OF BID Bids shall be for not less than $t,078,575 and accrued interest on the total principal amount of the Bonds, and shall be accompanied by a certified or cashier's check in the amount of $10,950, payable to the order of the City. No bid will be considered for which said check has not been received. The City will deposit the check of the purchaser, the amount of which will - i - be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted bid, said amount will be retained by the City. No bid can be withdrawn after the time set for receiving bids unless the meeting of the City scheduled for award of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. No conditional bid will be accepted. AWARD The Bonds will be awarded to the bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Wurst, Pearson, Larson, Underwood and Mertz of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reasons of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT Underwriters may obtain a copy of the Official Statement by request to the City's Financial Advisor prior to the bid opening. The purchaser will be provided with 50 copies of the Official Statement. Dated July 24, 1989 BY ORDER OF THE CITY COUNCil /s/ Sandra Kennelly Clerk - ii - SCHEDULE OF BOND YEARS $1,095,000 CITY OF SHOREWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1989A Cumulative Year PrinciDal Bond Years Bond Years 1990 $55,000 18.3333 18.3333 1991 $85,000 113.3333 131. 6666 1992 $85,000 198.3333 329.9999 1993 $85,000 283.3333 613.3332 1994 $85,000 368.3333 981.6665 1995 $80,000 426.6667 1,408.3332 1996 $80,000 506.6667 1,914.9999 1997 $80,000 c 586.6667 2,501. 6666 1998 $80,000 c 666.6667 3,168.3333 1999 $80,000 c 746.6667 3,915.0000 2000 $75,000 c 775.0000 4,690.0000 2001 $75,000 c 850.0000 5,540.0000 2002 $75,000 c 925.0000 6,465.0000 2003 $75,000 c 1,000.0000 7,465.0000 Average Maturity: 6.82 Years Bonds Dated: October 1, 1989 Interest Due: February 1, 1990 and each August 1 and February 1 to maturity. Principal Due: February 1, 1990-2003 inclusive. Optional Call: Bonds maturing on or after February 1, 1997 are callable commencing February 1, 1996 and any date thereafter at par. (See Official Terms of Offering.) c: subject to optional call - iii - OFFICIAL STATEMENT $1,095,000 CITY OF SHOREWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1989A Introductory Statement This Official Statement provides certain information with respect to the issuance of $1,095,000 General Obligation Improvement Bonds, Series 1989A (the "Bonds" or the "Issue") by the City of Shorewood, Minnesota (the "City"). The Bonds are general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes without limit as to rate or amount. Authority and Purpose The Bonds are being issued pursuant to Chapters 429 and 475, Minnesota Statutes. Proceeds of the Bonds will be used to refinance the City's $1,450,000 General Obligation Temporary Improvement Bonds, Series 1987A (the "Series 1987A Bonds"). The composition of this Issue is as follows: Outstanding Principal of the Series 1987A Bonds Accrued Interest (7/1/89 to 1/1190) Less: Available Cash (prepaid assessments) Net Required Refinancing Plus: Issuance Costs Plus: Allowance for Discount Bidding Total Bond Issue $1,450,000 38,425 (429.150) $1 ,059,275 19,300 16.425 ~1.095.000 Security and Financing In addition to its general obligation pledge, the City also pledges special assessments against benefitted property. Outstanding assessments of the Series 1987A Bonds totaling approximately $1 ,025,000 are pledged to payment of this Issue. The assessments were filed at an interest rate of 8.75% in 1987 and were spread over 15 years. Since assessment income is expected to be sufficient to pay the debt service on the Bonds, a general tax levy is not anticipated. Future Financing The City has no additional borrowing plans for the remainder of 1989. Litigation The City is not aware of any threatened or pending litigation affecting the validity of the Bonds or the City's ability to meet its financial obligations. - 1 - Rating An application for a rating of the Bonds has been made to Moody's Investors Service, Inc. ("Moody's"), 99 Church Street, New York, New York. If a rating is assigned, it will reflect only the opinion of Moody's. Any explanation of the significance of the rating may be obtained only from Moody's. There is no assurance that a rating, if assigned, will continue for any given period of time, or that such rating will not be revised or withdrawn, if in the judgment of Moody's, circumstances so warrant. A revision or withdrawal of the rating may have an adverse effect on the market price of the Bonds. Legality The Bonds are subject to approval as to certain matters by Wurst, Pearson, Larson, Underwood & Mertz, Professional Association of Minneapolis, Minnesota as Bond Counsel. Bond Counsel has not participated in the preparation of this Official Statement except for guidance concerning the following section, ''Tax Exemption," and will not pass upon its accuracy, completeness, or sufficiency. Bond Counsel has not examined nor attempted to examine or verify, any of the financial or statistical statements, or data contained in this Official Statement, and will express no opinion with respect thereto. Tax Exemption In the opinion of Bond Counsel, interest on the Bonds is not includable in the "gross income" of the owners thereof for purposes of federal and State of Minnesota income taxation (except State of Minnesota excise taxes that are imposed upon corporations and banks and measured by income). Noncompliance following the issuance of the Bonds with certain requirements of the Internal Revenue Code of 1986, as amended, (the "Code") and covenants of the bond resolution may result in the inclusion of interest on the Bonds in the federal and Minnesota "gross income" of the owners thereof. No provision has been made for redemption of the Bonds, or for an increase in the interest rate on the Bonds, in the event that interest on the Bonds becomes subject to United States or State of Minnesota income taxation. The Code imposes an alternative minimum tax with respect to individuals and corporations on alternative minimum taxable income. Interest on the Bonds will not be treated as a preference item in calculating alternative minimum taxable income. The Code provides, however, that for taxable years beginning in 1987, 1988 and 1989, a portion of the net income of a corporation reported on its financial statement and not otherwise included in the minimum tax base would be included for purposes of calculating the alternative minimum tax that may be imposed with respect to corporations. For taxable years beginning after 1989, the use of financial statement income will be replaced by the use of adjusted current earnings. Financial statement income and adjusted current earnings include income received that is otherwise exempt from taxation such as interest on the Bonds. The Code imposes an environmental tax with respect to corporations on the excess of a corporation's modified alternative minimum taxable income over $2,000,000. The environmental tax applies with respect to taxable years beginning after December 31, 1986 and before January 1, 1992. -2- The Code provides that In the case of an Insurance company subject to the tax Imposed by Section 831 of the Code, for taxable years beginning after December 31, 1986 the amount which otherwise would be taken into account as "losses incurred" under Section 832(b)(5) shall be reduced by an amount equal to 15% of the interest on the Bonds that is received or accrued during the taxable year. Interest on the Bonds may be included in the income of a foreign corporation for purposes of the branch profits tax imposed by Section 884 of the Code. Bank Qualified Tax-Exempt Bonds Prior to the adoption of the Tax Reform Act of 1986 (the "Act"), financial institutions were generally permitted to deduct 80% of their interest expense allocable to tax-exempt bonds. Under the Act, however, financial institutions are generally not entitled to such a deduction for tax-exempt bonds purchased after August 7, 1986. However, the City has designated the Bonds as "qualified tax-exempt obligations" pursuant to Section 902 of the Act which would permit financial institutions to deduct interest expenses allocable to the Bonds to the extent permitted under prior law. Certification The City has authorized the distribution of this Official Statement for use in connection with the initial sale of the Bonds. As of the date of the settlement of this Issue, the Purchaser ~i11 be furnished with a certificate signed by the appropriate officers of the City. The certificate will state that as of the date of the Official Statement, it did not and does not as of the date of the certificate contain any untrue statement of material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. CITY PROPERTY VALUES 1988 Indicated Market Value of Taxable Property: $311,143,823 * Calculated by dividing the county assessor's estimated market value of $266,961,400 by the EARe's 1987 sales ratio of 85.8% for the City. (1988 sales ratios are not yet available.) 1988 Gross Tax Capacity: $7,705,314 1988 Taxable Gross Tax Capacity: $7,833,998 1988 Gross Tax Capacity Less: Contribution to Fiscal Disparities Pool Plus: Distribution from Fiscal Disparities Pool 1988 Taxable Gross Tax Capacity $7,705,314 (218,604) 347.288 $7,833,998 -3- 1988 Taxable Gross Tax Capacity By Class of Property Residential Homestead $6,574,941 84.0% Commercial/Industrial, Public Utility and Personal Property* 791 ,407 10.0 Residential Non-Homestead 23,239 0.3 Agricultural 4,599 0.1 Other 439.812 ---.M Total $7,833,998 100.0% * Reflects adjustments for fiscal disparities. Trend of Values Assessor's Indicated Estimated Taxable Gross Tax Market Value(a) Market Value Assessed Value Capacitv(b) 1988 $311 ,143,823 $266,961 ,400 N/A $7,705,314 1987 250,088,069 230,581 ,200 $56,589,857 6,659,438 1986 226,319,202 209,797,900 53,059,674 N/A 1985 224,139,711 201 ,501 ,600 51,214,623 N/A 1984 219,363,404 197,207,700 51,027,723 N/A 1983 212,206,544 184,831 ,900 47,686,103 N/A (a) Calculated by dividing the county assessor's estimated market value by the EARC's sales ratio certified for the City each year. (b) Beginning with property taxes payable in 1989, Assessed Value of property was replaced with Gross Tax Capacity in determining property taxes. Gross Tax Capacity is approximately 12.5% of Assessed Value for most property classes and, like Assessed Value, is calculated by applying a statutory formula to the Estimated Market Value of the property. (See Appendix II.) Ten of the Largest Taxpayers Taxpaver Tvpe of Business 1988 Gross Tax Capacity $ 120,728 67,067 46,072 42,630 37,724 33,141 32,128 35,889 29,131 20.591 $465,1 01 * Ryan Construction Company Minnetonka Country Club Minnesota Mini-Storage Northern States Power Company Shorewood Marina M.R. Properties Individual Individual Individual Individual Shorewood Shopping Center Country Club Public Storage Utility Yacht Club Commercial Residence Residence Residence Residence Total * Represents 5.9% of the City's total taxable gross tax capacity. -4- CITY INDEBTEDNESS Legal Debt Umit Legal Debt Umit (2% of Estimated Market Value) Less: Outstanding Debt Subject to Umit Debt Margin as of June 2, 1989 $5,339,228 -0- $5,339,228 General Obligation Debt Principal Date Original Final Outstanding of Issue Amount PurDose Maturitv As of 6-2-89 12-1-71 $ 415,000 Sewer Improvements 12-1-1991 $ 75,000 (a) 6-1-72 2,300,000 Sewer Improvements 6-1-1992 390,000 (a) 11-1-72 1 ,600,000 Sewer Improvements 11-1-1992 360,000 (a) 7-1-73 80,000 Water Improvements 7-1-1991 15,000(a) 1-1-74 1 ,250,000 Sewer Improvements 1-1-1994 270,000 9-1-80 140,000 Water Revenue 9-1-1996 95,000 8-1-86 985,000 Local Improvements 2-1-2002 865,000 4-1-87 875,000 Improvement Refunding 2-1-2001 745,000 7-1-87 1 ,450,000 Temporary Improvements 7-1-1990 1 ,450,000 (b) 10-1-89 1 ,095,000 Local Improvements (this Issue) 2-1-2003 1.095.000 Subtotal $ 5,360,000 Less: Defeased Issues (840,000) Less: Series 1987 A Bonds being Refinanced (1.450.000) Total General Obligation Debt $ 3,070,000 (a) These issues were defeased effective August 1, 1989. (b) The 1990 maturity is being refinanced by this Issue. -5~ 1989 (at 6-2) 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 $ 10,000 270,000 300,000 300,000 260,000 260,000 220,000 220,000 205,000 205,000 205,000 200,000 200,000 140,000 75.000 $3,070,000 (b) $ 73,903.75 449,906.67 475,530.00 457,677.50 400,515.00 384,260.00 328,592.50 313,808.75 283,797.50 269,885.00 255,777.50 236,658.75 222,545.00 150,311 .25 77.587.50 $4,380,756.67 Annual Debt Service Payments Including This Issue and Excluding the Series 1987A Bonds Year General Obliaation Debt(a) Principal Principal & Interest Total (a) Includes this Issue at an assumed annual interest rate of 6.70%. (b) 80% of this debt will be retired within ten years. Summary of Direct Debt Including this Issue and Excluding the Series 1987A Bonds Gross Direct Debt Less: Debt Service Funds* $ 3,070,000 (1.493.515) $ 1 ,576,485 Net General Obligation Debt * Debt service funds are as of May 31, 1989, and include money to pay both principal and interest. (The rest of the page was intentionally left blank.) -6- Indirect Debt 1988 Taxable Gross Tax Capacity G.O. Debt As of 6-2-89(a) $74,750,000 6,795,000 990,000 (b) 29,830,000 (c) 33,610,000 Taxina Unit Hennepin County ISD 276 (Minnetonka) SISD 287 (Vo-Tech) Metropolitan Council Metropolitan Transit District $1,217,545,243 46,371 ,038 784,797,312 2,325,812,286 2,137,697,518 Total Debt Applicable to Tax Capacity in City Percent Amount 0.6% 16.1 0.9 0.3 0.4 $ 448,500 1 ,093,995 8,910 89,490 134.440 $1,775,335 (a) Excludes general obligation State-aid street bonds, tax and aid anticipation certificates, and debt supported by revenues. (b) This represents only 30% of SISD 287's outstanding debt, since 70-85% of the debt service is paid by State and federal aids. SISD 287 also has outstanding $4,800,000 General Obligation Tax Anticipation Certificates of Indebtedness, Series 1989A, which will mature on March 28, 1990. (c) Metropolitan Council also has outstanding $288,614,000 of general obligation sanitary sewer bonds which are supported by system revenues. Debt Ratios G.O. Net Direct Debt* To 1988 Indicated Market Value Per Capita (5,815 - Met Council est.) 0.5% $271 * Excludes debt supported by revenues. (The rest of this page was intentionally left blank.) -7- G.O. Indirect & Net Direct Debt 1.2% $576 Hennepin County City of Shorewood ISO 276 (Minnetonka) SISD 287 (Vo-Tech) Special Districts Total 27.101% 16.509 58.062 1.223 5.387 108.282% Tax Capacity Rate For Debt Only 0.963% 0.228 2.362 0.032 0.392 3.977% CITY TAX RATES, LEVIES AND COLLECTIONS 1988/89 Tax Capacity Rates* Total Tax Capacity Rate NOTE: * Special districts include Metropolitan Mosquito Control, Metropolitan Council and Metropolitan Transit District. The foregoing mill rates are computed on the basis of total levies and do not reflect reductions for property tax credits. Beginning with property taxes payable in 1989, taxes are determined by multiplying the Gross Tax Capacity by the Tax Capacity Rate, expressed as a percentage. This replaces the use of Assessed Value multiplied by Mill Rates. (See Appendix II.) Historic Trend of Mill Rates Per $1,000 of Assessed Value 1983/84 1984/85 1985/86 1986/87 1987/88 Hennepin County 29.689 29.262 29.688 29.356 31.667 City of Shorewood 24.179 22.914 23.640 23.643 22.825 ISO 276 (Minnetonka) 57.240 55.927 58.674 61.574 63.947 SISD 287 (Vo-Tech) 1 .446 1 .490 1.535 1 .421 1 .493 Minnehaha Watershed District 0.281 0.061 0.089 0.133 0.092 Special Districts 5.318 4.391 5.378 5.459 5.896 Total 118.153 114.045 119.004 121.586 125.920 Tax Collections for the City 1988/89 1987/88 1986/87 1985/86 1984/85 $1 ,300,955 1 ,293,788 1 ,254,483 1 ,208,085 1,171,418 $1 ,236,538 * 1 ,211 ,820 1,168,941 1,130,776 (In Process of Collection) 95.6% $1,260,701 96.6 1,241,168 96.8 1 ,168,941 96.5 1,161,111 97.4% 98.9 96.8 99.1 Lew/Collect Amount ofLew Collected During Collection Year Amount Percent Collected As of 5-31-89 Amount Percent * Includes State-paid tax credits of $183,645, or 14% of the total levy. - 8- Pursuant to Section 275.11, Minnesota Statutes, the City's per capita limit for all taxes levied in 1988, payable in 1989 is $281.88. For taxes payable in 1990, the per capita levy limit is $294.84. Certain special purpose levies have been authorized outside of the per capita levy limitation and are deductible from the total levy for purposes of determining the City's per capita levy which is subject to the statutory limit. FUNDS ON HAND As of May 31,1989 Fund General Capital Projects Special Assessment Debt Service Enterprise Liquor Cash and Investments Total $ 320,288 47,875 1,493,515 215,029 130.252 $2,206,959 GENERAL INFORMATION CONCERNING THE CITY The City of Shorewood is a suburban Twin Cities community located in Hennepin County on the south shore of Lake Minnetonka incorporating 3,600 acres. The City's 1980 U.S. Census was 4,646; the Metropolitan Council currently estimates its population as 5,815. State Highway 7 runs east and west through the City and connects with the extensive freeway system in the Minneapolis-Saint Paul metropolitan area. The City is primarily a residential community with commercial establishments along Highway 7. The majority of residents commute to jobs throughout the metropolitan area. Two of the larger employers in Shorewood are Northern States Power Company with 90 full-time employees and the Minnetonka Country Club employing approximately 50 full and part-time persons. There are approximately 1,981 single-family homes in the City. Although the quality of homes range from moderately priced to expensive (especially those located on Lake Minnetonka and Christmas Lake), it is estimated that approximately 45% of the houses in the City have a market value greater than $100,000. The price of lake front property around the two lakes is currently $1,000 to $2,000 per front foot. -9- Status Residential subdivisions constructed or approved in the past nine years are: Year Subdivision 1981 1984 1984 1985 1985 1985 1985 1985 1986 1987 1987 1987 1987 1987 1988 1988 1988 1989 Boulder Bridge Farm Waterford Waterford Harding Acres Shorewood Oaks Covington Vine Ridge Sliver Ridge Other Developments Near Mountain Towne Addition Brentridge Shorewood Place Apts. Westwood III Galpin Lake Woods Strawberry Fields Hendrickson Acres Latonka Dutcher Addition Building Permits Number and Tvoe of Dwellina 46 Single-Family 87 Single-Family 54 Twin Home Units 18 Single-Family 73 Single-Family 63 Single-Family 10 Single-Family 9 Single-Family 202 Single-Family 8 Single-Family 24 Single-Family 18 Units 5 Single-Family 12 Single-Family 8 Single-Family 4 Single-Family 7 Single-Family 4 Single-Family Total Permits Number Value 1989 (to 5-31) 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 131 341 235 341 237 185 163 155 179 128 130 Labor Force Data 30 Complete 75 Complete P.U.D. Approved 8 Complete 14 Complete Completed Completed Under Construction 119 Complete 5 Complete 10 Complete Completed 3 Complete 4 Complete Under Construction 1 Complete Under Construction 2 Complete New Sinale Family Homes Number Value $ 7,797,150 31 ,275,892 24,687,663 18,321 ,377 8,837,770 4,948,666 4,694,910 2,316,099 4,1 08,341 3,002,577 3,259,599 May. 1989 Civilian Unemployment Labor Force Rate Hennepin County Minnesota 617,188 2,312,500 38 157 163 80 35 16 26 9 17 21 31 $ 7,170,635 29,040,667 23,397,136 15,776,286 6,529,612 2,975,396 3,259,626 1 ,336,000 2,281,900 2,321 ,000 2,275,440 613,769 2,315,100 May. 1988 Civilian Unemployment Labor Force Rate -10 - 3.2% 3.7 Source: Minnesota Department of Jobs & Training. 1989 figures are preliminary. 3.8% 4.3 Financial Facilities The Shorewood branch of the Bank, Excelsior, is located in the City. Other financial institutions available to city residents are located in the nearby communities of Minnetonka and Excelsior. Education The majority of the City is within the Minnetonka School District (ISD 276) which operates one elementary school in the City. District 276 had an 1988/89 enrollment of 5,809, and projects a 1989/90 enrollment of 6,070. A portion of the City also lies within the Westonka School District (ISD 277), which had a 1988/89 enrollment of 2,523, with a projected 1989/90 enrollment of 2,352. GOVERNMENTAL ORGANIZATION AND SERVICES Organization Shorewood was organized as a village in 1956 and became a statutory city in 1974. The City operates under a Mayor-Council form of government. The City Council consists of four members elected at large to four-year terms. The Mayor is elected to a two-year term. The incumbent Mayor and Council members are: Janice M. Haugen Barbara J. Brancel Robert L. Gagne, Jr. L. Vernon Watten Kristi Stover Mayor Council Member Council Member Council Member Council Member Expiration of Term December 31, 1990 December 31, 1990 December 31, 1992 December 31, 1990 December 31, 1992 The City AdministratorfTreasurer, Mr. Laurence E. Whittaker, is the chief appointed staff member and is responsible for overall City operations. Ms. Sandra L. Kennelly is City Clerk and Mr. Alan J. Rolek is Finance Director, both appointive offices. The City has a total of 19 full-time employees and 15 part-time employees. Municipal Services The City owns and maintains sanitary sewer laterals throughout the developed portions of the City and there are approximately 1 ,650 connections to the system. Major sanitary sewer interceptors and wastewater treatment facilities throughout the metropolitan area are owned and operated by the Metropolitan Waste Control Commission ("MWCC"). MWCC bills its underlying units for service costs. Municipal water service is currently supplied to approximately 500 users. The majority of residences and businesses in the City are supplied by private well systems. The City's municipal water system is supplied by six wells with a total pumping capacity of 2,250 gallons per minute. Average water demand is 110,000 gallons per day; peak demand is 150,000 gallons per day. Shorewood has a joint powers agreement with the cities of Excelsior, Tonka Bay and Greenwood to provide police protection. The agreement establishes a police protection agency called the South Lake Minnetonka Public Safety Department. The Department has 12 - 11 - Pensions sworn and 1 0 reserve officers. Fire protection is available under contract from the Excelsior and Mound Volunteer Fire Departments. Eligible employees of the City participate in the Public Employees Retirement Association ("PERA") administered by the State of Minnesota. Total contributions to PERA by the City during 1987 and 1988 were $16,331 and $17,700, respectively. Regional Government - Metropolitan Council The Metropolitan Council is comprised of 17 members who are appointed by the governor with the advice and consent of the State Senate. Sixteen members are appointed to four-year terms from districts of equal population size within the Seven-County Metropolitan Area. The Council chairman, the 17th member, represents the Region as a whole and serves at the pleasure of the governor. The Council is accountable, in law, to the State Legislature. The Council's primary mission, as described in the 1967 Council enabling act, is to undertake those planning and coordinative actions that are necessary to insure the "orderly and economic" development of the Twin Cities Area. In addition, the Legislature has instructed the Council to assist local communities in their planning and provide information to the public on matters pertaining to the Region and its development. The Council has 12 citizen advisory committees at present. - 12- APPENDIX I PROPOSED FORM OF LEGAL OPINION LAW O~~ICES WURST, PEARSON, LARSON, UNDERWOOD 8& MERTZ A "AItTNK"....'" I"CL.UDI... ~rcaa'ON.'" ...oct.ATtON. /II.. TMOMAS WURST. P.A. CURTIS A. PURSON, P.A. .JAMKS D. LARSON. P.A. TMOMAS F. UNDKRWOOD, P.A. CRAIG M. MKRTZ RooKR .J. F'KI.1.0WS 1100 ,.IRST aANK ~LACE WEST MINNEAPOLIS, MINNESOTA ...02 Tal.a~MONa ,e,., :I:Ie._o "AX NUM.aR ,el., _e ..... $1,095,000 General Obligation Improvement Bonds, Series 1989A City of Shorewood Hennepin County, Minnesota We hereby certify that as bond counsel, we have examined certified copies of proceedings taken preliminary to and in the issuance by the City of Shorewood, Hennepin County, Minnesota, of its General Obligation Improvement Bonds ,Series 1989A, (the wBonds W) , originally dated October 1, 1989, in the total principal amount of One Million Ninety Five Thousand Dollars ($1,095,000). The Bonds mature on February 1 in the years and amounts as set forth below, and Bonds maturing in such years and amounts bear interest from date of issue at the annual rate set forth opposite such years and amounts respectively: Year Amount Rate Year Amount Rate 1990 $55,000 , 1997 $80,000 , 1991 85,000 , 1998 80,000 , 1992 85,000 , 1999 80,000 , 1993 85,000 , 2000 75,000 , 1994 85,000 , 2001 75,000 , 1995 80,000 , 2002 75,000 , 1996 80,000 , 2003 75,000 , All Bonds maturing after February 1, 1996, are subject to being called for prior redemption on said date and any date thereafter at par and accrued interest. Interest on the Bonds is payable February 1, 1990, and semiannually thereafter on August 1 and February 1 in each year, both principal.and interest payable at in the City of , Minnesota. From our examination of such proceedings and other documents, assuming the genuineness of the signatures thereon and the accuracy of the facts stated therein and continuing compliance by the City with the Internal Revenue Code of 1986 (as amended), and based upon laws, regulations, rulings and decisions in effect on the date hereof, it is our 'opinion that: ' 1-1 WURST, PEARSON, LARSON, UNDERWOOD & MERTZ 1. The Bonds are in due form, have been duly executed and delivered and are valid and binding general obligations of the City, enforceable in accordance with their terms, except as such enforcement may be limited by Minnesota or United States laws relating to bankruptcy, reorganization, moratorium or creditor's rights. 2. The principal of and interest on the Bonds are payable pr imar i ly from special assessments levied against benef i ted property, but if necessary for the payment thereof ad valorem taxes are required by law to be levied on all taxable property in the Ci ty, which taxes are not subject to any limitation as to rate or amount. 3. The interest to be paid on the Bonds is not includable in gross income of the recipient for Uni ted States or Minnesota income tax purposes, but is subject to federal alternative minimum taxes and environmental surtaxes on corporations and Minnesota taxes on banks and corporations measured by income. The Bonds are not arbi trage bonds and are not pr i vate activity bonds. The City has designated the Bonds as "qualified tax- exempt obligations." We have relied upon such transcript and documents as to the matt~:ts of fact stated therein, without independent verification. We have not been asked and have not undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and accordingly we express no opinion with respect thereto. 1- 2 APPENDIX II SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND MINNESOTA REAL PROPERTY VALUATION Following is a summary of certain statutory provisions effective through 1989 relative to tax levy procedures, tax payment and credit procedures, and the mechanics of real property valuation. The summary does not purport to be inclusive of all such provisions or of the specific provisions discussed, and is qualified by reference to the complete text of applicable statutes, rules and regulations of the State of Minnesota in reference thereto. Property Valuations (Chapter 273, Minnesota Statutes) Assessor's Estimated Market Value Each parcel of real property subject to taxation must, by statute, be appraised at least once every four years as of January 2 of the year of appraisal. With certain exceptions, all property is valued at its market value which is the value the assessor determines to be the price he believes the property to be fairly worth, and which is referred to as the "Estimated Market Value." Indicated Market Value Because the Estimated Market Value as determined by an assessor may not represent the price of real property in the marketplace, the "Indicated Market Value" is generally regarded as more representative of full value. The Indicated Market Value is determined by dividing the Estimated Market Value of a given year by the same year's sales ratio determined by the State's Equalization Aid Review Committee (the "EARC"). The EARC's sales ratio represents the overall relationship between the Estimated Market Value of property within the taxing unit and actual selling price. Assessed Value For taxes payable in 1988 and prior, property taxes were levied based on "Assessed Value". For purposes of determining "Assessed Value" of real property, the Estimated Market Value of the property was reduced by the statutory formula applicable to the property's classification. The result is the Assessed Value of the property. Tax Capacity Beginning with property taxes payable in 1989, the value of the property which is used to determine the property tax will be "Gross Tax Capacity." Gross Tax Capacity, like Assessed Value, is calculated by applying a statutory formula to the Estimated Market Value. Generally, Gross Tax Capacity is approximately 12.5% of Assessed Value for most classifications of property. The Gross Tax Capacity is multiplied by the Tax Capacity Rate, instead of the Mill Rate, to determine the tax payable on a parcel of property. The formulas for converting Estimated Market Value to Assessed Value and Tax Capacity represent a basic element of the State's property tax relief system and are therefore subject to annual revisions by the State Legislature. 11-1 11-2 Property Tax Payments and Delinquencies (Chapters 276,279-282 and 549, Minnesota Statutes) Statements for the collection of real property taxes and special assessments are mailed to property owners not later than January 31 of the year following certification of the levy. Two equal payments are due on or before May 15 and October 15 of the collection year. Payments of installments not collected as of these dates are declared delinquent as of the 16th of the respective month. All delinquencies are subject to an interest penalty, which, depending on the type of property, increases from 3% or 7% on the date of delinquency to 8% or 12% on December 1 st of the collection year. On the first business day of January of the year following collection all delinquencies are subject to an additional 2% interest penalty, and those delinquencies outstanding as of February 15 are filed for a tax lien judgment with the district court. By March 20 the clerk of court files a publication of legal action and a mailing of notice of action to delinquent parties. Those property interests not responding to this notice have judgment entered for the amount of the delinquency and associated interest penalties. Those responding are settled by trial. The amount of the judgment is subject to a variable interest penalty determined annually by the State court administrator, and equal to the secondary market yield on one-year United States treasury bills, but in no event is the rate less than 8%. Property owners subject to a tax lien judgment have three years in the case of non- homesteaded property and five years in the case of homesteaded property to redeem the property. After expiration of the redemption period, unredeemed properties are declared tax forfeit with title transferred to the State of Minnesota. The county land commissioner then sells those properties not claimed for a public purpose at auction. The net proceeds of the sale are first dedicated to the satisfaction of outstanding special assessments on the parcel, with any remaining balance in most cases being divided on the following basis: county - 40%; town or city - 20%; and school district - 40%. Property Tax Credits (Chapter 273, Minnesota Statutes) In addition to adjusting the taxable value for various property types, primary elements of Minnesota's property tax relief system are: the homestead credit, which is a direct subsidy by the State to the taxpayer, as described in the following paragraph; the circuit breaker credit, which relates property taxes to income and provides relief on a sliding income scale; and targeted tax relief, which is aimed primarily at easing the effect of significant tax increases. The homestead credit reduces the property taxes payable by the taxpayer with the State reimbursing the taxing unit for the aggregate amount of the credits. Effective July 15, 1986, the State shall pay to each taxing district, other than school districts, homestead credit in two equal installments on or before July 15 and December 15 during the year of collection. School districts receive homestead credit in nine installments between August in the year of collection and the following May, and a tenth installment in October in the year following collection. This tax relief mechanism is subject to modification by the State Legislature. A table summarizing the changes which have occurred over the past five years concludes this section. The circuit breaker credit and targeted credits are reimbursed to the taxpayer upon application by the taxpayer. Levies for General Obligation Debt (Sections 475.611 and 475.74, Minnesota Statutes) Any municipality which issues general obligation debt must, at the time of issuance, certify levies to the county auditor of the county(ies) within which the municipality is situated. Such levies shall be in an amount that if collected in full will, together with estimates of other revenues pledged for payment of the obligations, produce at least five percent in excess of the amount needed to pay principal and interest when due. Notwithstanding any other limitations upon the ability of a taxing unit to levy taxes, its ability to levy taxes for a deficiency in prior levies for payment of general obligation indebtedness is without limitation as to rate or amount. Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes) "Fiscal Disparities Law" Since 1971 forty percent of the increased assessed valuation of commercial-industrial property in the Minneapolis/Saint Paul seven-county Metropolitan Area (Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington Counties) constitutes the Metropolitan Area Municipal Equity Account (" MAMEA"), the valuation of which is apportioned among the local governmental units comprising the Metropolitan Area in order to more equitably distribute growth of the entire area in a manner which will assist to equalize tax requirements for equivalent services in the Metropolitan Area. 11-3 ~ ,p. "0 ,p. '" CD "'" '" ., N > M N t; ~ '" ::!: ~~ ,p. ,p. "0 ,p. N " "0 UJ 'U- ..... ~ '" C "'" ~2 N N 0 ": M ~ "0 0 8 " "0 0 C -0 0 "0 6 8 u>- 0 > 8 x- > > 0 > .,.; 8. ,p. ::!: ai " i ::!: :E ::!: '" 0 '" <J")o <J")o " ": UJ <J")o <J")o ~~ UJ UJ "0 UJ .... 6 "0 "0 .... '0 "0 " '" .~ ~!I 0 .. 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The City's financial statements are audited by an independent certified public accounting firm. Governmental funds and agency funds are accounted for using the modified accrual basis of accounting. Proprietary funds are accounted for using the accrual basis of accounting. The reader should be aware that the complete financial statements may contain , additional data relating to the information presented here, which may interpret, explain or modify it. III - 1 Vl ... ~ 5 o '" Vl....O "'''' z"'.... Z:Z:ZQ) _V)~co x 0'" "'u_ -u u oz < S<~Q~ ~<z k,Ja:::I<Ctr:: '" '" ~~~~ V)~~tj f,L,5Cr.&aJ OX 0 00 >-uz G ~ ;j < _i~ .. .. .......- o 0 c: .... EO Ql X E ... .. Ql .... .......~ Ql I Ql III C ooc Ql c: "0 0 o -' ... o '" .... ....~ c: Ql"O ='-CAOl o ra II) 6.J U lot <.~ V Ql "0 C C'" :J Ql Ql" o " c: -::> ...~ E~ .~ f-i "'"0 0. c: o " ...... ... '" Ql .... "0 C " ... .. .... c ~ ... Ql > o o I -~ .. .... .... v - Ql 0. .. 0 U ... ... Ql .... v ~- ~ i: Ql Vl .. ... 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('I) .... >> ~ ~ i ~ ! 1 ~ ~ ~ ~ CITY OF SHOREWOOD, MINNESOTA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL GENERAL FUND YEAR ENDED DECEMBER 31, 1988 Total expenditures Variance Favorable , Budget Ac tua 1 (Unfavorable) .,.. $1 274 189 $1 087 099 $(187 090) 1 45 400 330 408 185 008 183 628 368 288 184 660 19 700 10 526 (9 174) 75 000 91 385 16 385 200 200 35 000 50 164 15 164 21 319 30 078 8 759 1 754 436 1 968 148 213 712 666 090 646 923 19 167 346 723 344 714 2 009 68 395 68 414 (19) 85 527 11 0 589 (25 062) 687 599 669 990 17 609 61 104 57 964 3 140 1 915 438 1 898 594 16 844 (161 002) 69 554 230 556 16 000 16 000 Reve nues General property taxes Licenses and permits Intergovernmental Charges for services Fines Misce llaneous Special assessments Interest on investments Other Total revenues Expenditures General government Public safety Police protection Fire protection Other Publ ic works Parks and recreation Exces. revenues (expenditures) Other financing sources Operating transfer in Excess revenues and other financing sources over (under) expenditures $ (145 002) 85 554 $ 230 556 Fund balance, January 1 686 044 Fund balance, December 31 $ 771 598 -- 1I~-1 0 , ~ .. ~ ~ ... y ~ c:a z ~ ... 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A e!l 110 CITY OF SHOREWOOD, MINNESOTA COMBINED STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS ALL PROPRIETARY FUND TYPES YEAR ENDED DECEMBER 31, 1988 Sales Cost of sales Gross profit, $1 148 3 14 908 147 240 167 f Charges for services Permits and connection fees Gross profit and revenues 638 514 20 997 899 678 Expenses Personal services Supp lies Repairs and maintenance Depree iation Professional services Contractual services Communication Insurance - general Water purchases Utilities Other Metropolitan Waste Control Commission disposal charge Rent Advertising 133 722 25 071 24 700 36 444 24 854 91 646 1 164 19 962 15 649 40 860 3 042 382 893 33 741 5 120 Tot al expens es 838 868 Operating income 60 810 Other revenues (expenses) Taxes Special assessments Property tax credits Intere st income Other income Interest expense Other expenses 16 530 4 028 2 725 23 043 51 (11 435) (466 ) Total other revenues (expenses) 34 476 Net income before transfers 95 286 . Other financing uses Operating transfers out (16 000) Net income 79 286 Retained earnings, January 1 217 174 Retained earnings, December 31 $ 296 460 111-13 III Go >-. ... .. Q... Z = . "'... '"' >-.. Ill... ~ .. . G...... 0..... ~ :: .. '" 0 0 ~::i . 0 In""'... "'" 0 r..~G o .oa >-eno .....oa u:~ z ... . ... .. ~ .. ... . en.. G . ...... Z i ~ Or.. Col Z o j: .. lit o Go "'" ~ .. l.l Z ~ Z .. "" Z .. en OIl ct Z ~ =- l.l r.. o ... Z OIl Z '" .. ~ .. en lit '" ct Z ~ =- l.l Q Z ~ lit III lit lit zct "'z Go.. >CZ III. ~ ",101 =G zw wZ :~ Ill.. 101 ""Ill o ... Z '" Z 101 .. ~ Ie III .. Ci o .: :I. oa... . .. .. I ! o .. ,... '"' ... ;;'" .. o ... .. . . .. .. :I ... . o .."... ..... 0_:1 ...... - . o :I . ... GO .. .. . "'" ..... ~ .. 0 .. 0.. Col ...0". z ...0 : I.:.. ....0 ;I. r.. : :;: :: O.~ .... . .. a. . Cl lit 101 Col III Q o lit ... . r.. ._ 0.. .... ~;:~ ~g- ~ o III .. Ci o .: ".. oa.. . .. .. I f 00 ..... ..... 0.0 '"''"' ..... .. ... ... ... ... .... <'I... 0,", .... 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SOURCES OF FINANCIAL RESOORCES Operations Net Income for the Year Add: Items not requiring current outlay of resources Depreciation Total Sources Provided $0 $19,783 48,283 48,187 -------- -------- $48,283 $67,970 -------- -------- USE OF FINANCIAL RESOORCES Operations Net Loss for the Year RedUction of Long Term Debt Acquisition of Fixed Assets Total Uses of Financial Resources $770 $0 15,800 15,483 3,393 550 -------- -------- $19,963 $16,033 -------- -------- $28,320 $51,937 -------- -------- -------- -------- NET INCREASE (DECREASE) IN QlKING CAPITAL CXIiPONENT ELEMENT OF INCREASE (DECREASE) IN ~ CAPITAL . Cash and Investments Accounts Receivable Taxes Receivable Other Accrued Interest Inventories Prepaid Expenses Accounts PaYBible Accrued Liabilities Current Portion Long-Term Indebtedness j Net Increase (Decrease) in Working Capital $51,254 ($56,118) 12,442 16,297 (2,625) 2,855 (33,669) 19,319 (1 ,034 ) (122 ) 6,161 17,775 (1,275) 37,817 (824) 17,346 (1 , 794 ) 2,066 (316) (5,298) -------- -------- $28,320 $51,937 -------- -------- -------- -------- 111-15 OFFICIAL BID FORM TO: Ms. Sandra Kennelly, Clerk Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 (612) 474-3236 SALE DATE: August 28,1989 RE: $1 ,095,000 General Obligation Improvement Bonds, Series 1989A For the Bonds of this Issue which shall mature and bear interest at the respective annual rates, as follow, we offer a price of $ (Note: This amount may not be less than $1,078,575) and accrued interest to the date of delivery. % 1990 % 1994 % 1991 % 1995 % 1992 % 1996 % 1993 % 1997 % 1998 % 1999 % 2000 % 2001 % 2002 % 2003 In making this offer we accept all of the terms and conditions of the Official Terms of Offering published in the Official Statement dated August 14, 1989. In the event of failure to deliver these Bonds in accordance with the Official Terms of Offering as printed in the Official Statement and made a part hereof, we reserve the right to withdraw our offer, whereupon the deposit accompanying it will be immediately returned. All blank spaces of this offer are intentional and are not to be construed as an omission. Not as a part of our offer, the above quoted prices being controlling, but only as an aid for the verification of the offer, we have made the following computations: NET INTEREST COST: NET EFFECTIVE RATE: $ % Account Members Account Manager BY: The foregoing offer is hereby accepted by the Issuer on the date of the offer by its following officers duly authorized and empowered to make such acceptance. Clerk Mayor Received good faith check for return to bidder. SPRINGSTED Incorporated by OFFICIAL BID FORM TO: Ms. Sandra Kennelly, Clerk Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 (612) 474-3236 SALE DATE: August 28,1989 - . RE: $1 ,095,000 General Obligation Improvement Bonds, Series 1989A For the Bonds of this Issue which shall mature and bear interest at the respective annual rates, as follow, we offer a price of $ (Note: This amount may not be less than $1,078,575) and accrued interest to the date of delivery. % 1990 % 1994 % 1998 % 2001 % 2002 % 2003 % 1991 % 1992 % 1993 % 1995 % 1996 % 1997 % 1999 % 2000 In making this offer we accept all of the terms and conditions of the Official Terms of Offering published in the Official Statement dated August 14, 1989. In the event of failure to deliver these Bonds in accordance with the Official Terms of Offering as printed in the Official Statement and made a part hereof, we reserve the right to withdraw our offer, whereupon the deposit accompanying it will be immediately returned. All blank spaces of this offer are intentional and are not to be construed as an omission. Not as a part of our offer, the above quoted prices being controlling, but only as an aid for the verification of the offer, we have made the following computations: NET INTEREST COST: NET EFFECTIVE RATE: $ % Account Members Account Manager BY: The foregoing offer is hereby accepted by the Issuer on the date of the offer _ by its following officers duly authorized and empowered to make such acceptance. Clerk Mayor Received good faith check for return to bidder. SPRINGSTED Incorporated by Moodys Investors Service 99 Church Street, New York, NY 10007 'Ms. Sandra S. Kennelly City Clerk City of Shorewood 5755 Country Club Road Shorewood, Minn. 55331 August 23, 1989 t,tJG 2 8 lh' t~;,.), Dear Ms. Kennelly: We wish to inform you that our Rating Committee has reviewed and revised the rating of the $1,095,000 Shorewood, Minnesota General Obligation Bonds to be sold August 28, 1989 to A from Baa 1. In order that we may maintain the currency of this rating over the period of the loan, we will require current . financial and other updating information. We will appreciate your continued cooperation in the future. We will appreciate receiving a copy of the Official Statement when available. Should you have any questions regarding the above, please do not hesitate to contact Robert Fett at (212) 553-0300. Sincerely yours, Freda S. Johnson Executive Vice President RCF:vlw . . 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 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 14 AUGUST 1989 RE: HOLMBERG/NYGAARD - SIMPLE SUBDIVISION AND COMBINATION FILE NO.: 405 (89.21) BACKGROUND Mr. Peter Holmberg and Ms. Barbara Nygaard request approval of a subdivision and combination to straighten out the lot line between their properties. located at 5955 Cajed Lane and 27055 Smithtown Road.-respectively (see Site Location map - Exhibit A. attached). The proposed division/combination is shown on Exhibit B. The subject sites are located within the R-1A. Single-family Residential District. Mr. Holmberg's lot currently contains 39.682 square feet of area while the Nygaard property contains 21.290 square feet. They propose to swap equal-sized triangles of 1886 square feet each. ANALYSIS/RECOMMENDATION While Ms. Nygaard's property is substandard relative to R-1A requirements (40.000 square feet). the proposed division makes it no less substandard. Since the Holmberg property is less than 40,000 square feet there is no opportunity to improve the conformity of the Nygaard property. The proposed division/combination improves both sites substantially. If approved. the rear yard of the Nygaard lot will no longer jut into what is technically the front yard of the Holmberg property. By the same token Mr. Holmberg's property will no longer cut off the front of the Nygaard property. A Residential Community on Lake Minnetonka's South Shore k . . Re: Holmberg/Nygaard Simple Subd./Combination 14 August 1989 It is therefore strongly recommended that the division/combination be approved subject to the following: 1. The applicants must provide up-to-date (within 30 days) title opinions for their respective lots. 2. The applicants must provide drainage and utility easements 10 feet on each side of each side and rear lot line. except for the southerly 175 feet of Mr. Ho1mberg1s easterly lot line. 3. The above-mentioned items must be completed within 30 days of the Council1s approval of the request. 4. Once the applicants have received the resolution approving the division/combination. they must record it within 30 days. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton Peter Holmberg Barbara Nygaard - 2 - ZN3~O;l I I I I I "vl ^~~38M~~lS z ~. o' t-= :t: I- ~ Cf). I ~ '- 1 Q a:: ~ a:: o A~~ ~:t.- ~ 0: l.LJ > UJ a:1 ~. v ,,, ( Exhibit A SITE LOCATION Holmbe~g/Nygaard Simple Subd. and Combination \ \ ,...--\ \ ~ ,'-- .. . Certificate of S;.lr'" for Peter A. Holmb, in Lot 17, Block 2 and the NW~ of the Hennepin County, ~. . J. II lv~t r' ,1 oJ. /,..;J, v..J "'- ' ::E I- ~ Lo, so' ~.JJ r;I:) \!\ ~ 8 : _.;~ : " I . Scale: Dc,te o .r;Qo.q) 1 inch Septer.::: Iron rr;:: Sl'td eft' [fz:9J ~ t:: \J '-l (~ \l ~~ ~ '" 'l. '0 ~ 0 ~1./'7' ~.'" ~ Q \,<" . ~.:: I~ ~~ I I ~~iq;~~. j '- ___. U::J r.;1.Z -.-" ~ I hereby certify that this SUr'V or under my direct supervisio~ Registered Civil Engineer ant laws of the state of Minnesc "'\) " .~ \..) ).oJ ~ ~ <:l ':;;:. JJ8/j04-Z:W ZIt..S? . GORDON R. COFFIN CO., I ~JL~ ~ark S. Gronberg Reg. Gordon R. Coffin Co., : Engineers and Land SUr'" Long Lake, Minnesota EXISTING DESCRIPTIONS: 13.\ ~'~~~~-;~ft~ Meadows. Th.t part of the Ncrthwest Quarter of the scuthwest Quarter, Section 32, Township 117, commencing at the Northwest ccrner of said Northwest Quarter of the Southwest Quarter; the West line thereof 996 feet; thence Northeasterly, deflecting to the left 98 degree of 21.3 feet; thence Northeasterly along a tangential curve to the left, with a radius distance of 354.86 feet; thence NortheasterlY tangent to said curve 128.28 feet to the ning of the tract to be described; thence ccntinUing Northeasterly along the last dese thence Southeasterly, deflecting to the right 110 degreeS 53 minutes 16 seconds a dis: thence southwesterly, deflecting to the right 89 degrees 32 minutes 44 seconds, a dis: thence Northerly 214.99 feet, more or less, to the actual point of beginning. Exhibi t B PROPOSED DIVISION/COMBINATION 1",) .\ . MA YOR 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 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 27 JULY 1989 RE: WAPLES, WILLIAM - SETBACK VARIANCE/VARIANCE TO INCREASE THE NONCONFORMITY OF A NONCONFORMING STRUCTURE FILE NO.: 405 (89.22) BACKGROUND Mr. William Waples proposes to add a second story to his existing home at 5685 Echo Road (see Site Location map - Exhibit A, attached). As shown on Exhibit B the house is only 6.4 feet from the north side lot line of his property. Since he proposes to extend the structure straight up from the existing walls, the nonconformity would be increased. Consequently he has requested a 3.6 foot setback variance and variance to increase the nonconformity of a nonconforming structure. The property in question is zoned R-1C, Single-Family Residential and contains approximately 9375 square feet of area. The existing house measures 22' x 52' which includes a single-stall garage. Living space on the first floor (see Exhibit C) amounts to 880 square feet. The house also has a basement the same size as the first floor. The proposed second story addition would contain 1144 square feet. While the floor plan is not yet completed, they propose to construct two or three bedrooms and a bathroom. This will enable them to move the existing kitchen into one of the first floor bedrooms. Their request is explained in a letter dated, 6 July 1989 (see Exhibit D). ANALYSIS/RECOMMENDATION Section 1201.03 Subd. 1k. specifically provides for the expansion of nonconforming, single-family dwellings provided "that such expansion does not increase the nonconformity and complies with height and setback requirements of the district in which it is located." A Residential Community on Lake Minnetonka's South Shore 1 . . Re: Waples, William Setback variance 27 July 1989 The first and basic test for a variance request of this kind is can the structure be expanded without a variance? The answer is yes. Setbacks for the subject site shown on Exhibit B reveal that ample buildable area exists on the south side of the building to accommodate at least 20 feet of additional structure. While the applicant is concerned about the loss of two trees, it is reasonable to expect that some future addition would extend into that space anyway. Given that the home currently has only a single-stall garage, such an expansion should be anticipated. Even without extending the building to the south, it can be increased in size by approximately 1067 square feet. That amount of area can easily accommodate three very large bedrooms and a bathroom. Much of the applicant's case has to do with aesthetics. His concern about "two distinct and different roof lines" is larg~ly a function of his changing the style of roof on the home from gable to gambrel. It is not uncommon and actually quite typical for an attached garage to have a different height of roof than the principal structure. If the applicant is concerned about offsetting the second story only 3.6 feet, a more natural offset could occur at the south wall of the garage. While this would reduce the size of the addition, it would still allow the applicant to double the amount of living space he currently has (not including the existing basement). Exhibit G illustrates hou this suggestion might look. Based upon the preceding, it should be concluded that reasonable use of the property can be made without a variance. It is recommended that the applicant be directed to modify his plan to comply with current setback requiremen ts. BJN: ph cc: Larry Whittaker Glenn Frobe rg viilliam Waples . - 2 - I ( G/OEOI . . . . I I . . . I . . . I I ASSOCIATES, INC. Land Surveyors . . Eden Prairie, HN 55344" ~trtificatt C!&f ~urbt!' C.~.RDA'\ELLE & Q41-3031 Survey For Bill Waples 5685 Echo Rd. Shorewood Q < o ex ~ 5L) I I Scale: 1"=30' - 1 ~ o :to CJ 1.1/ I I / / I Book 330 Page 66 File 89142 , .' , . ~. ' " , . " ,. , , , I ' \.~ ~ . - 2,- ... - ,., - n~. - - 34' ~ 351 U / ~ ~ o 0:: o ::r: u C:iJ P,p. _ - . <1 ~ .84- ,. , . , . . . I ~. "" Ii) -r- ~' >t ~ o +J U)1f) (l) Q)\D Clf) O:1t: \J\ ~1 ~ -., Oed' ! - -' 0"' tv} C' tr' lV'; Ci' 3 ~2 c C:iJ Ul o 0- o 0:: 0- f-! {~ -- - - 1~~ (D I C) 0, 84 I ~,.: z ',.1'. 50 - )0- / I ......, ....., .... .... Ai . .,.. .. --- ..... q31=; ~ .- , )0 " r- , \ , -' \ , " ,~ ......,.....1 . 1..... Lot 3. Block ? ECHO HTLLS 1 1.1 eM .. .. ....... .. ~ ....... ... .. ..... Jlu / .. p,q I ,,/. Exhibit B /"" ,~;.:....1 PROPERTY SURVEY , CMDua p..?-; R~~;; "1 -,.. c.-r. tl" ...... ~..~ II'&, If..,......, _... -.l. ~., _...... 1 C)th ,~ cs " ',.... r- ~"-'-c. 'J}r~ -~ .>~ , ~~~ I..,.~__~. ~l 0-- ~ c.::::"> \: -~ \-.-:.- ~.l ~ I,.. 7; '(~ t- ~ . /"/ .,. ~!~ ~ ,(I. '''': ::::1 ~iJ ; '" ... n U ~ 3: i I I !I IS .Dr:/i? I {t/tfl'IJRJ8f ~I' I,l D 'IN/It! 'G / !~~~t" 'oN , -~ ,. !,..- .----...:..-t ~ . I I" ,'.~ G,' \'1 1'\ I -r-I~ .. ';: ('~ \11 '7'J 'J' .':,"'-" ~i' Yi i IlJtl.. l , If+; " z. ~ S,' 7;,::2 Iv J:\-=-l ';:x (') .<J', , Ii.: , /..y. *',:'1 :; v'" , g f'~ (1 ^, . -, ./. , .( . &;f1fJ . ! I I I Y'__ -1 ' o .1> l.-r:. .r.' U , ~ w~ ~~ ~ z.. :11' 0" ~a ~:~ . F I 1- ---- -,---'--' t') /1/ lCf1~/V. ~.. \ir ~- - -... \,-, .~--- ---.--- r- ---j ~.+~ . -- - ~ "-7"i -... --'T ',Vi r\'A, . c~'i -- '> f .c__~'- _... j - I,. d PI8Pll1c[ \ .... I _... ~_ ___---J _.._;._. '~1' ./ z ~~% ~ ~ (i ::t~ ~ ;:X ~ -cI ~-,'\ i) tllIJG ,f'j!1. 1 rr I " -- I' I I ! ~ NOf't h. ~~lt., Vj ,I ()'. 1'1 .~ ;\ Exhibit C .ch,~;::;c'd1.." EXISTING FLOOR PLAN - FIRST FLOOR To:'.~lanning Commision ~ers, City Council Members -.... City.of Shorewood. 7,~-gq From:..& t--lrs. \.Jllliam Waples 85 Echo Rd. Shorewood rvln. P.I.D.~J3-ll7-23-14-0015 L;t 3 Bl)ck 2 Echo Hills We, the owner-residents of the aforementioned property ask that you grant us a variance in the City Building Code to allow us to expand our existing attic space into useable, liveable space. Our existing hardship concerns the extremly small kitchen space and the odd, original room layout. Our kitchen measures 7'1" wide x 6'4" long, a small kitchen by any standards. This kitchen cannot be expanded because it is located in the center of the house with one wall being the backside of a masonry fireplace and the opposite wall being corr~on with the bathroom and containing all of the upstairs plumbing. The only way to make this kitchen larger is to put it in a different part of the house which would mean losing one bedroom. Upon examination of the attached plot plan, you can see that the only possibility of outward expansion is on the south side of the house, however this would mean the loss of two large trees. Both of these shade the south end of the house and are the only large trees on the south end of the lot. We believe that removal of these trees would diminish the value of the property. Attached to this letter is a drawing showing the floor plan that we are now living with. Sectio;-; 1201.05 of the City Building Code states the circu;':stances anc.:i conditions under which a variance may be granted, we believe that we have met these circumstances and conditions. Subd.2.(1) a variance will not impair an adequate supply of light or air to any adjacent property. (2)No increase in congestion on any public street. (3)No increase in the danger of fire or endanger public safety. (4)Will not diminish established property values or be contrary to the intent of this Ordinance. (5)Does not violate the intent and purpose of the City Comprehensive Plan. b.(l) Special conditions and circumstances do exist which are peculiar to this parcel of land in that the builder of this house was allo\ved to erect the garageat 6.4 feet from the property line. We do not wish to Exhibit D APPLICANT'S alter or A REQUEST LETTER "change this wall on the ~th side of the garage ex~ to make it taller. A second special condition is the desire to keep all existing trees which prevents expansion to the south as previously explained. (2) Literal interpretation of this Ordinance will deprive us of rights enjoyed by others in that we would not be able to make full and complete use of the available attic space. (3) The special condition of the garage being less than 10' from the property line is not a result of any actions by us. This is an existing structure originally allowed by the City of Shorewood. (4) Granting this variance will not confer on us any special privilege that is denied to others by this Ordinance. .- c. ~.Je bel ieve this request for variance is justified in order to lflClke reasonable use of the existing structure for the reasons preveously stated and because of lack of adequete living space on the entire first floor. '-Ie have less than 880 sluare feet of living space \vhich is about L/2 of the 1 ivin; SL1;.CC TI'}rinally found in medium sized hOines bull t III :;h:re\v');)(l. The variance \,:re reluest is the very IT:nirnur;! '":)":'~ -: i/-l r~c c: i1:.:: C C .-~ ~; ':'-" 1...- ../' ,. '._ ,'.J .... '.':,,:2 ,_,1.... ~ , . ':U~___- -:2.:'"" :)L...i...J.......:..~ ". ,_._..~..." ......~- (;.. 1. -".. ',.; e ,.' c: r2 :.. "'_~;.. _I... .,1 ~ ""'" t1 t tic expansion in strict compliance \-lith the building code, the h,mse would have two distinct and different roof lines. The roof on the north side would remain as is for the first 3.6 feet, the remaining portion of roof line, 48.9 feet, would be 8 feet taller. We know of no home built in Shorewood that has a roof with the odd shape just described. A home built with this odd shaped roof would; 1. deny us the full use of our attic space, 2.take away from the expected increase in property value, and 3. would not be pleasing to the eye in a neighborhood where all the hOlnes are very pleasing to the eye. In conclusion we hope that in light of th2 facts given '.~ ~:-:.::-' ::tter, you \\'ill find that this is not an unreasol1.:1ble request and ~,.F; \.: s r-~-- ': l: \'~;1i1t2 the spirit of Secti,)n IJ;~//;~j/tjd/ · ~o.b\:V-. Q ~~CZ0. I ~l 1201.05 of CI ty Bu L L d i :J.~; C,~-)de. - .J . ":'~r'l.'o! ;ii:::::1V\11 II 'ii i:i Ii j i ,!i IIII ",liJ'i1iil!!:::i ' ::',d'il" D :: l' ; :' I" >:\ ' , "1"";:"'\ I 'i ,'!Y'L:i ',I "II " "::,1 o o , ' :1': I' 1 ! L Ii I' I' I,i "i'i Ii'" I I j :i:! .. 'I" ' , ;.! ! i' i"'ii ~ ('. i' I, : ! i ,1,1' . '. '1 OJ o J:- - -- I I; :1 I ; ; i jr j !: 11 , .' ; , I L. , I -_._~ ~ / '- . -Z ">- In. I' ~ : , , : '-fr :j " ill U\ J & f2. 4~ : J L '6 0 -r, t= ~~ '" ~ s~ ,~ CL -p ;J: .:>0; ~ 0" 5 ~ \J) ~ 'Z , t;, .- ,m '~ ~, ',',"~' t'~ :'Z ;',0' ':E-t ,:~ 'z Z ,- ;,~' !~' ,,',:";~~~;~ , ~:3 :~~~;r~;~i, o Pot"," 10 ':", J;l =- "'10\, ~ 81':", r:-D.:' ~liiI,' ','",.,.,';",," ::II :: ":C.f~\:: ta ~ ;~,,::z; ~i o.=-"" :;l 'lS':riz!it ' _ :z; CD'~, r_." ; , ei~~'s, 'i Cf.I'" 'J.':. ' Cf.I E-t", t'), ~ Cf.I. c f;:, ;fE' ~' Q . .-t' = 0 CD, Q..UCDCf.lU_, ',. ._;"~'" "...y :' ,.'r: .,",;;, ' ",;:,' ''.,Ii'': ,!!iiiiiii!!il.. . ~~~'I~!'lbil . !!!;i;~I~II~; , laUS~~albd Exhibit E G ELEVATION _ FRONT PROPOSED BUILD IN J -~ i~ -~ lC-'~j- Q '. I-f,; -!J!l: -f< ~ 1'1 Q -. n- If'u ~ ~,~. t.:':!>' i 83:. ; t~ g-.----... 8~"~j;. '- . -== I,. .:J 1--.- { i '. 83.." I '5 II !j ~JL ~ , ..!t:' ~l I . I I ~YI 'I 'crl ...... ~ ... {f -; ./ [j f:1 l"'~ ~ h\ U .L, ;:Oi I.' '- .,1 If I~ 16 I \~ 1.- IL- 10 ~ I.,~ !~ I . I (" Ll l~ '1 "" ~ -g :.Y .:01 \ ? ~ n Vi \ ()! ~ t ~ ~ ~ li ~. 1. ". -!\, ~ ~. r;L. t:J .\; . .. 'foJ , ~ '-r ~ " . 'ir--- I ~TJ '1 . ! I "'-J' -.-.. I , n i I ==-0- ~ I-I.,,! I [-"--J I , :,,, ~'I '<:t. " -'>.. n '5 'I .L' e: F ..'! ,.... .,. .~{ ~1I ~.-. ,[\ I~ IlL! i I , . Exhibit F PROPOSED BUILDING ELEVATIONS - SIDES AND REAR . , . , ,.j I 'Iii: '1,' j' ";;1',: WI'!! " : I il!i i1i';Tl;!,!l!ll ':1'1':; i:.: I;" ;'l!! if: I'/Il!l \ :::!li:1 ,j II jl , I., ,,::1,,;,; 'III,: 'I' 11:<:;:1:: I, .. j: .':1:; '! "'1 I';: i. :":.1". ':: ' " "',' ~i) ; I :i;!:I::;"i'IO II:":'.':;' .' :!:i:.:I,. :,;.i:,J;,..,':I' fil!i i:l:.I:;; , .;! ':",'1 0<= liil'i:';,;.: I I:, :::1 :i I.!I ;:',1 ' " ":1 lid:;! li,\ . : : ';.11:::= [Ii::" !!;', "" II ,,'/"11", ; : ' : t" ; "I":: I I; Ii i, 111'1 ' ii' : II: i i I,ll, i ! il: ':; II' 'I I '. I, 'Ij,,:"'j", " , I, I '1" . . III', , '; ! 'II'" ,;,:: I'" I:, ::' :: : i ' ; I I ':., , ' ::;. ~ i J I d I Ii; i . I' ; ~ I ,I, I . II : j I : ! . It I . I I I I I, ' . "" , ~ ; ; . ; I;. II! I. Ii' : I I I I It, I . ','" , ",. . j,"l'I'" '.," " 'T . . , ',,'I! i '" Hi:, :1' ~: ",' I! , I I, ,I '11i11 I "I- ,r i:: II IDP,ii':::..::;!' I, ",. . j ~i ilL: .::',! : I ..-- -I'iiii!::' ;;'1:: i ,,:,:.:. U' Ili.'i!!).: I, =-l';;!!:,::,'::, I!! , :1' ., :;I'il';",! '. : . I . i ',' ii' j! I I , . I ". I'i !': .;, 'i '1'1'" , ' !::!'!::', 'I i i ::!:! i: i i:: l " j: I 'I' 111;;1 'I,' II Iii! I:: 'I' f ' I.; ,'. :, I" l' I. I I _.n , i,I;; .1: ;'," 'I' '1:"1'" ,: I; I :; : . I ': : I :, ,. !. ! ~ II I, : I : I j I I I !. "'." I :. jl. II I' ,. ; .1 t q I +. ';, II I LI1H! i~ ::1 'i;';i ~[ r,iiiiW II!. : .:, I ,:JlII:. ;:1 : ~ L ! I 1'1 I ! ,!. ;',1:." __ ~ !::!! ; "'UDI1'iiY' . I '!p Ii [ : l , ! ;:!;.il, I J \ 'i!:, 1.1 ~ 'I" 'I ,oj;!,,;: 1,1 ! !. I I, i ' ;!. I' : if: ; ~ I i ';' " , ". I" I ,., : I I ' - . If.' :: I. I I ~ "~'I . ,:! I, 'II:/i! I: 1::1. " " ' . I' '; !:J' ~. '. ''-'' 1" I '1 " , I: . 1._ I : if I 1: = I' , I, I ,: ii i ,: Ii , I: " Ii " . Ii : . I, III [,Iii; Iii; I'! Ii III: o~ ._~. 0= :=j 0=- = o~..- or-,= o ~ r=--= ------;.= .:;:. 1= =~ v .. J~ , . ~ ',/ . L '>- In. ~ + '3 ill if Q L 0 r: ~ -p -, ~ ~ * o ~ ~ ~ ~ 'Z . t,;: .- m .~ .~;. ::~j 'Z :0 '.:e-. "'~ :'Z Z - ; ,;:g. Ul ~. : 0 . -:- ~ : : 1) 1 " \;ZS -r. U1 ...:.-; o' '" .:i~ ~ n.. II 'Xl ~ . ".:,:, ?~:~{ fll ~ ,:', ::~ '0::;'0' c.!I:3. ",',.10 :,. ... P1 ',:' ,10,' ~;:::II .' . '., O .... ......... ~ C,) ".' r,.'/':; Pillill ~ ,.:> ~ C,) ~~. .?'>:;! =: E rn-.;>'~ o. O'te':.. "'" ~ '~'c:z:"'" :z: ~ 10," r:q l-o: . o fJ) r-. 0 fJ);I;1 . -1.....1 fJ) f'o", . 2 =~ ~. i oS CD .r!. C,).IO fJ) ,tJ~ . l:;;I*~Mit illllll!I;~i:1 . i!~U~!te~lf !;fi:lle!li~! '~!!!iSil~iiw" I;iii~;a!~~ii Exhibi t G SUGGESTED ALTERNATIVE Conforms with setbacks 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 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 28 JULY 1989 RE: WEISSNER, SIEGFRIED - SETBACK VARIANCE/VARIANCE TO INCREASE THE NONCONFORMITY OF A NONCONFORMING STRUCTURE FILE NO.: 405 (89.23) BACKGROUND Mr. Siegfried Weissner proposes to add a second story to his home at 26780 Smithtown Road (see Site Location map - Exhibit A, attached). Since the existing home does not comply with the front yard setback for the R-1A district (see Exhibit B), and since Mr. Weissner proposes to build directly over the existing structure, he has requested a setback variance and variance to increase the nonconformity of a nonconforming structure. The property in question contains approximately 24,215 square feet in area. The existing house measures 28.5' x 54' and contains 1539 square feet of area on the main floor plus a basement beneath. The proposed addition increases the living area by approximately 1439 square feet (the second floor is the same size as the first but has an opening down to the first floor - see Exhibit C). The applicant's request is explained in a letter, dated 10 July 1989 (see Exhibit D). ANALYSIS/RECOMMENDATION Section 1201.03 Subd. 1k. specifically provides for the expansion of nonconforming, single-family dwellings provided that "such expansion does not increase the nonconformity and complies with height and setback requirements of the district in which it is located". Much of the applicant's justification for a variance is based on the economics of not having to build additional foundation to increase his space. While his concern is understandable, economics has little basis in evaluating variance requests. A Residential Community on Lake Minnetonka's South Shore y . . Re: Weissner, Siegfried Setback variance 28 July 1989 It is worth noting that a 28.5 x 42 foot addition (nearly 1200 square feet) could be built without any variance. While this in itself should be considered to be a reasonable use of the property, there is also ample room on the property for additional structure. The location of the patio at the rear can not constitute hardship since it is something brought upon himself. The applicant references the setback of the house to the west of his. Aside from being in a different zoning district, the house is over a quarter mile away, on the other side of a large wetland. The house immediately next to the subject site to the east sits further back than the applicant's. Based upon the preceding, reasonable use of the property is possible without a variance. It is therefore recommended that the applicant modify his plans to comply with Shorewood's setback requirements. BJN : ph cc: Larry Whittaker Glenn Froberg Siegfried Weissner - 2 - ill ZN3H0;1 I I , I ______ I w ~ C> ---1---- (/) <( w ?-- ~ Cl) e- ~ ~ , .f' .- 1 /' z\ ~, ~I (/): \ I \ \ I \ \ \ .'\1l AHH38M'itH1S .HG IH'i1:)Hl'it::> d c:: cr o ~ c:: w Gi lD ~,. ----------------;- sasod.Jnd nSM'dAIJO JOJ j.uawasB3..? OO'OO~ "3I1S1,SOol'S -, --00'00" --- ,:1 " : ~/ I ~ V "* - .-- -, r -~ .. ('" ~ " ~ . "- ~. .~ ,,'\ \. '. . , ~ , ",- 'Ie) I , , fiZ'~'LH:.1 'Z~'::Jd9JO Vir 'M N CJL{t,fO~ '3'5 CJ/ff JO ;;lJ.I! ;scM 'dl./J..-' :"" ,. \t) , U''O '<"\,))~ \>" t O\So 1 d;6. 0' U! Clot- ~~o .- is'... o?) , ~ ~~ \\ (::):..; ~~1 " ~ "', ")'" - '\ 'v f J '-'" .,n '00 ;c:-J t . S'l'S' . 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" 1:3: ~' ~(fl ~- t.,- Q..~ ~ ~ ~ Q k- ~ < paLlS ,<. , OO'ii -. --~, -_....' . c: "C OJ ~ N /'/') ~ (J) , (;;) ....~ s: <: ClJ ~ c:.... <::l ...~ lJ cri Ql ~ 1> Ql ,t: " .... .t::: ~ . ~ , c , ~ I I ClJ ~ ! ~. o <I: o (Y .3 :~ Z ~C4 S LOO 0 o:t ~ L- -00 .- I . :r: It/) · J l- - ~ en lJ. o -Gl -.J ~ :::;J "C .. Exhibit B PROPERTY SURVEY ~ EL ~) ,'"=' ('...) l,U B ..-..-;a e ""'~ ..-.n ~.,iJ J oe!lcri W-IW o..wU o..>z OWe( 1--10: (J)O< ~2~ U:;!U WWa: D) '-' W C) <>/I 25 l-o:U: 00.. ~OW ..J-l:c L\..L\..I- ~&:~ <(Wo:( Z>I- o:W~ =>1-<( L\..<(;:E ~cn~ WZ~ IY O~.____ , 5t;~1ll Z~~~ 1./. I!: (J) :; !; 5:~ :t:-,~ ~i ~<8 "') -L~::;07J ) I ' G u.. <n '''l t lC) ~ -......; . \ : \ ; 0 :I .r " ! ,.... ., d (\ Q) ci 3 ., :r "6 'IS II $ !t1 T :3 6 ;%:. . \1 :::r ~ 8 ~ -;t " q::> v r ~ '" '.:- -~ ~ SI ~5!l'-f\ r $ ~~ ~~ ~:!~icrJ Z 'Lo 'ga:: LL.B ;.!; ~ ~ lP z i Ill(/) ::i 15 ~ ~ :-:5 <<: 1J: 1>. iJ) c b :r!i~ a: J: ~ ~~ ~ ~Jn ~ ~ ~ I -" :JI.!I . """g? :5:z: ~g. j;.c( z Co! ~ ro~i 19 ~~ ~ ~ ~ <.....> C L--.I . r w ::z: In':] Cl)W !--:<..iCi tL""'"Z -it.'~I- o~w ~." ~,~~~ ~ 0: . <03 ~ d '\) a. ..s ~ ~ e ~ W u: (] a: ~ e .,( -t,... <3 IU I != c~ 12g 53~ . 13E>fi3 w[)a: ZUJ3!: KtLiw l:)Oa> a:re.... ~iE~ 1ii0~ og5gs ~~~ 0G:;c:l ~o:!!: tl. c~ t~ E i I I i I I tf) 1-: ~ t ;( f <(wm a: :c CL .; o .n I ~ ~;r-~ o o ~ .;! <S Q) :: \. 3 ' \) "--'-" '... -L ::JSO?j U' ~: [-=.= a.. G, " Vi .-13';07; , .t ~ Worth No ~4 k.- ~CI) C ~ !.t ~ '= w6oz.... a:-ww!2 ~z5~:co..w ~ _Oa:a:OJ: '.:;:l~Il!<(<f '::.l & 0:: Il.I uJ ~ _ :=:t:<3c4:.?(J) 8x -....; w '. ,.... 62 ~.~ "!Ja:w~~O:2 <1: 0 90 . elJ . lJ1 w L\.. 2 !i::- I' :~ CD '~C\l., .':? I~ Z5vj !.. 8- <~ 06 ....::> 0<( 1- t3;;; c . ..' u. "". t:'.,.. .w(,,):.::.: ..;! ~ l:':!?' .' OWL!' ,'"" (.,)C'I(":" ,a:CI:t- -:: c~~~ lU t; ~ :== !i;CL.'" 4 ClO;;, - ~~;;: ~~~ ,.""'c ~:- Exhibit C PROPOSED FLOOR PLAN - SECOND FLOOR . . 7~ It), 8j To The Shorewood City Planning Commission: We live at 26780 Smithtown Rd. and have lived at this address for fifteen years. Over the years our family has grown, we now have three children and desperately need more space. Our daughter has a small bedroom, eight by nine. Our two boys don't have a bedroom at all and have been sleeping on the living room couch. We'd like to add a second story to our house. Unfortunately the house was built on the corner of our lot and to add up we require a twelve foot variance. Building straight up would allow us to use the existing foundation and supporting walls. It would be the most sensible, practical and cost effective way to expand. In the back of the house the porch, cement patio and well would interfere with construction. The basement would have to be expanded and the costs would be much greater than we can afford. Visually, our house appears no closer to the road than many of our neighbors. Several newly constructed houses were built as close or closer to Smithtown Road than ours. The house closest to us on the west was constructed last year, they only had to have a thirty-five foot set back. Thats fifteen feet less than the fifty foot set back that is required for us. The surveyer said that the property lines do not necessarily follow the center of Smithtown Road. Our house, with a second story added, will not stand out or look out of place on Smithtown Rd. We are not asking to build any closer to the road; we just want to build up from the existing foundation and walls. As soon as the top floor is roughed-in, we will have the entire house and garage resided. The appearance of our property will be greatly improved and the house will fit in nicely with the larger homes being built in Shorewood. ~y~ Il- &J~~--- X uY1 d Ct- u.J -e.A.A->'.L/Y~,---, Exhibi t D APPLICANT'S REQUEST LETTER Dated 10 July 1989 '". .= ~ _':::'=::::: _,~~=~ :."::: ~ . :::::::::: ."~:-::{' " I I r I . . _ ~ ~ _ - -'. L1- - -- - -= - - -,-: __ = - -~ - - _. -.= ~. =. -= _- ---,~ -. m -1 . -c~ I' - - -;1--< "::: :::::::_'H:,=~C- :::-- - T .-1 . ~.:~t=I='===:;g~<,::I-': .-~ '._' - _--_-_-_._--_-_... _-.-_._.. .,~-_... Ilxl' _~. ~ :- _ -f-l- - -~ - - __ - .:: - . - -- . ." - -. -. If ~~ ,:.- :::;:. " ,. u_ == ::::::::.:: ~~ -~2 ~~::.::- = = u':: . == >:" '""1 ~'E~ - ,'i; ---\-- ---' ---f---------- --- ~ '-.;r:':'~., ,'M' [is = ___n.... 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'-1- .7....,':1.m. u n - -- - - - --1- - -- -- t::= I - -- . f- i m __ __ _ __ _ - __ ~ - - - - -1-1- - -- - -1=-- .- - - ~ -- ---I -I- -- - ---- I ..___ ____,- ____~_-.._.._..-_-.:-.-... -+-----.-~~.. -- __:.::.____1__ -.-. 1--1 . __ _ _ __ __., __ 11__ ..__,_ ...._______ ._____ un:=: ;::: __ _... --~ .--" ---- +- II i ']! _ _ _ _ _ __ __ _ __ __ _ _ _I .. - __1_ ... .- -- -- .. n 1 ! ~I =-=u=I===::--=='=~:---,==~J ...~= ~::::::I-H_:::_=::::~_===__ "-:::.. .._nn \ I \-/1, _ __ _ ____ _ ,!h _ _ __un . i- k';:;:I~I-i-r~~~" u__ n ----- ;1 I i -1--' --- n__,:'~ I~___ --;: _ ~~ Ii I . _ _ _ _''-- n":~ ~ ::;; -j_! _ ~ I - -- - - - >- - ..- - t::: - n I=: J:., f"""1 " ; i n - - -- - ,: ~~- .~--... r:::: -- -1= - ~ ~...';."";' i 1 i .;'J _...L , = :~.. .... .)- -; - - i -_= ::::= ::: - .. t~~ - ~~ - - - -- :-. ... ~~ ~ --\- - -- -- - - - -- - E .. - - .. ~ - .~.~:t ~ /[1 '1' "I~ - .m --- -..~ t 7..~~. -1-1- -- -1- -+ -<',1,.~ ~ _ y"t-.:j ---- - - ~..; :~:~r /'.. i ~?I ..f-:- n' _ _ \. -- _'__-1HI).~~.__, - -I- -- --'- - -I-l -. 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PETITION The undersigned acknowledge that they have been made aware that Mr.- and Mrs. Siegfried weissner are proposing to add a second story to their home at 26780 smithtown Road. We are also aware that the existing home does not comply with front yard setback requirements and are aware that Mr. and Mr. Weissner have requested a setback variance to build the second story on their home without going outside the existing four walls of the structure. Be advised that we have absolutely no objection to the variance and are aware of many other nonconforming structures in the immediate area. ADDRESS S 81r;- - e -i),(7AJi-T- Ov S-9o~ fa fk(ld- jJ~. 59/0 ~&1' 2/bfoOO S~,+h+u.u~~ ~ ~('?~lD 8wvi-f~Y) Rti. :2 c; (.{ 0 S S r-"'j I /" Iv' oc (.,...I/oJ I(LJ, ~~<~11 ~i;L,/~l /-?/ dl n S 1<; JM...J--\}j~~ \7\. / R&.. ZIob16 S-#u=;t1/;;;;m -' jJ~/ X6?5 ~:drtJa)-/J ,;?~ o Z71J ft *'#17 m I 5C67~ ~ /24- /?<6 4r~ (;I.r';l,(>~;~' .'- tv, r b I 09"7'GJ e~~ ~ ~b5~5 Sm ;+h~ Kd ~ '" , ~3D S,W! ;-f6to vJ'n ,R J., :J-bf~ ~tt1 PI Af6//;;~~) d!? d.67-sJ- ~krv, p; .. . .. . . JOHN E. VUKELICH AUG I 4 \989 ATTORNEY AND COUNSELOR AT LAW 7901 FLYING CLOUD DRIVE SUITE 128 EDEN PRAIRIE. MINNESOTA 55344 TELEPHONE (612) 944.1349 August 14, 1989 HAND DELIVERED The City of Shorewood The City of Shorewood Planning commission Mayor of the City of Shorewood The City of Shorewood City Council 5755 Country Club Road Shorewood, Minnesota 55331 Re: weissner Setback Variance Dear Commission Members, Mayor Haugen, and Council Members: I represent Mr. and Mrs. Weissner regarding their application to the city of Shorewood for a variance to increase the nonconformity of their nonconforming homestead in order that they can add a second story to their structure without going outside the four walls of the existing structure. Two (2) years ago, Mr. Brad Nielsen, a City Planner, represented to Mr. Weissner that if Mr. Weissner began building his second story addition four to five feet behind the existing front wall he would issue a building permit immediately without a formal survey and without any necessity for a variance to build the proposed second story on his homestead. In reliance upon that categorical representation my client undertook to dig by hand a basement level under his home and pour the concrete and lay the block walls in preparation for construction of the second story. He advised Mr. Nielsen at that time that since the building permits were only valid for six (6) months he did not think he could get the basement dug in the fashion he proposed within that six-month period and would, upon completion of the basement level, return for the permi t. Mr. Weissner has been a resident and taxpayer of your community for over fifteen (15) years. My clients' reliance upon the representation of your City Planner, who was cloaked with the authori ty to make the representation he did, was reasonable, rightful, and ultimately detrimental. In other words, Mr. Weissner never would have undertaken to put the work into his home on the basement level that he did if he was told two (2) years ago that his house was a nonconforming structure and that a variance was necessary and unavailable to him then or ever. Mr. and Mrs. Weissner have three (3) children living in a home that does not accommodate their family and are proposing merely to expand their home within the four walls where it now exists. Mr. Nielsen, in a letter to the Commission and Mayor and the Council on July 28, 1989, indicates that expansion is available to the back of the house. . . The city of Shorewood, Planning commission, Mayor, city council Page 2 August 14, 1989 That is untrue since he conveniently failed to mention that the well is immediately behind the house preventing meaningful expansion in that direction since Mr. Weissner would face the same setback requirements due to the placement of the well. Additionally, there are many, many nonconforming structures up and down Smithtown Road within a mile in any direction which are at least two (2) stories high and which are as close to or even closer to the road than Mr. Weissner's property and presumably in violation of the same setback which is in question here. It is important to note that if Mr. Weissner's existing structure is nonconforming even as it now stands then that situation was created by the City when it issued a building permit to him nearly ten (10) years ago to add the livingroom area to his previous dwelling which addition extended his existing structure closer to the roadway. To literally now interpret the provisions of the setback and variance ordinance to prohibit this expansion would be an arbitrary and inequitable application since a variance for the ground level has already been granted under the same ordinance. Furthermore, a denial of the application would deprive Mr. Weissner of rights commonly enj oyed by other property owners in the area, not to mention the extreme hardship it would work on his children and family in their need to develop adequate living space. Mr. Nielsen has succeeded in intentionally avoiding any contact with my client and representing that he was unavailable for weeks at a time when, in the capacity of a public servant and with the grave issues at hand, he had a higher duty to make himself available to resolve this serious problem for the Weissners. Mr. Weissner has . been put to ridiculous lengths in trying to conform with the instructions and leading of the people at the Planning commission and now it is time for him to obtain the simple satisfaction and relief that he has sought peaceably and respectfully all along. I am curious about what public interest is served where denial of this variance affects no one else's property and where a taxpayer is willing to upgrade his property and thus to increase his tax base in the support of his school district and community. This is a case of balancing equities and the equities here to be balanced are not between property owners but between a property owner and the sovereign body which governs the community and there is no meaningful public policy or public interest to be served except the bare exercise of executive power in denying the application for the variance. .. . . The city of Shorewood, Planning commission, Mayor, city council Page 3 A~gust 14, 1989 My client's reliance on Mr. Nielsen's representations two (2) years ago is extremely detrimental to him and when his opportunity for hearing on the matter arose, after weeks and weeks of anxiety and aggravation with rain running into his home, etc., the City failed to garner a quorum for the meeting which I attended on Tuesday, August 1, 1989. In his letter of July 28, Mr. Nielsen comments that "...economics has little basis in evaluating variance requests." In my fifteen (15) years of law practice I have seen precious few decisions made in the public sector or the private sector which did not consider economics to a very large extent. Nevertheless, however, in addition to economic considerations the public policy and weighing of equities between the public interest and the interest of a taxpayer are equally critical issues here. This variance is of critical and utmost importance to my clients and they have retained me to pursue whatever administrative or judicial remedies possible to achieve that end. I am anxious to hear from any or all of you as to how this matter can be resolved amicably, quickly, and acceptably to all parties. J n E. Vukelich Attorney at Law JEV/khs cc: Mr. and Mrs. Siegfried Weissner .' . . JOHN E. VUKELICH AUG 24 !989 ATTORNEY AND COUNSELOR AT LAW 7901 FLYING CLOUD DRIVE SUITE 128 EDEN PRAIRIE. MINNESOTA 55344 TELEPHONE (612) 944-1349 August 24, 1989 HAND DELIVERED Mayor of the City of Shorewood The City of Shorewood City Council 5755 Country Club Road Shorewcod, Minnesota 55331 Re: Weissner Setback Variance Application Dear Mayor Haugen and Council Members: On Tuesday, August 1, 1989, my client and I attended a scheduled meeting of the Shorewood Planning Commission which meeting was aborted for failure to garner a quorum. The meeting was rescheduled for Tuesday, August 15, 1989, and a public hearing was held regarding my client's request for a setback variance before all members of the Commission except Mr. or Ms. pi tney. After presentation by Brad Nielsen of the Planning Commission my client had an opportunity to present his appl ication. - Thereupon, discussion was had during which one of the commissioners, a Mr. Spellman, appeared rather sarcastic and inappropriate. My client had explained that someone named "Joe" from the City Planning Office had advised him on one particular occasion that his building plan was appropriate and that a request for a variance should be made to include his entire second story building plan. Ms. Leslie said "I don't know Joe but it looks like he steered you wrong." Furthermore, Ms. Leslie said that what my client is trying to do is commendable but an alternative exists. Mr. Shultz echoed that comment by saying that the options of the Commission are limited where there is an alternative. The alternative they were referring to was the building plan which is attached hereto, made a part hereof, and labeled "Exhibit A" to this letter which was submitted by Brad Nielsen as part of his opening presentation at that meeting. Finally, Mr. Benson commented that in granting a variance request such as the one before the Commission they would be setting a "bad precedent" for such requests in the future. A motion by Mr. Spellman to deny the request was made and seconded by another member of the Commission. Therefore, we are now appealing to the common sense and the sense of justice, equity, and fair play of all of you members of the City Council to now overturn the recommendation of the Commission and grant my client his eminently reasonable request. . . Mayor Haugen and Council Members Page 2 August 24, 1989 The long history of this most compelling need is digested briefly in "Exhibit D" to Brad Nielsen's July 28 letter to the Commission as well as in my letter dated August 14, 1989, to the Commission and to council Members as well as in the presentation of my client orally at the time of hearing. We can not do justice to all of the facts and express to the Council Members adequately the desperate need and hardship that attenuates this situation without significantly more lengthy discussion. Suffice to say that ten (10) years ago my client obtained a permit from the city of Shorewood to expand by a dimension of eight (8) feet the front of his house closer to the northernmost easement line of the roadway. The practical and legal effect of that expansion which was done with the knowledge of and under permit from the City of Shorewood was to either create a nonconforming structure or to increase the nonconformity of an already nonconforming structure. I confess that I do not presently know whether the setback requirements or local ordinances regarding variances have changed in the last ten (10) years but I will certainly find out if necessary. What Mr. Weissner now seeks to do is to merely add a second story to his apparently nonconforming structure which nonconformity was allowed to be constructed with the knowledge of and under permit from your City. For the City to now take the position that he should be denied a requested variance because the request would expand an existing nonconforming structure is inconsistent with the decision made ten (10) years ago to allow him to expand on the first level and thus either create a nonconforming structure which was previously conforming or to expand the nonconformity of an already nonconforming structure. If his purpose is "commendable" in the mind of Commissioner Leslie and if the hardship on the Weissner Family which should be obvious to everyone is considered by you fellow citizens of Shorewood, then the inconsistency and inequity of a decision to deny this application now would be unfortunate and a gross injustice. If improving one's homestead and one's family life and also one's tax base and support of one's school district and community, all of which are "commendable" in the eyes of one of the commissioners, constitute a "bad precedent" then something is grossly wrong in our society. Furthermore, to contend that the granting of a variance in one instance on one set of facts constitutes a "bad precedent" for the granting of another variance based on a totally different set of facts in essence negates the entire process of variances in the first place and in essence makes them nonexistent and an absurdity. Therefore, with all due respect, I must submit to~you that using "bad precedent" as a basis for denial rather than weighing each case on its own merits is a misapplication and a distortion of what the variance proce~s is all about in the first place. There is not much doubt in my mind that a Court would agree with me. . . Mayor Haugen and Council Members Page 3 August 24, 1989 unfortunately, my client will not have an opportunity to discuss the extensive background of hardship and having dug his basement with a pick and I shovel underneath the entire expanse of the existing structure in total and detrimental reliance upon the representations of Brad Nielsen as set forth in more detail in my letter of August 14, 1989. Perhaps Mr. Nielsen was too busy to concern himself at the time of the original discussions or too casual in his approach to the situation or perhaps there is some hidden agenda which now affects the outcome of the decision in the mind of Mr. Nielsen or the Commissioners. However, a petition has been presented to the Commission by all persons who would otherwise be affected by the variance who have no objection to it and "Exhibit E" attached hereto indicates in red a nearby property a mere quarter of a mile away which is only twenty (20) or thirty (30) feet from the northernmost easement line of the roadway and there are many, many homes and other structures up and down the full expanse of smithtown Road which are as close to or even closer to the roadway than my client's existing first story and proposed second story. We were advised at the Commission meeting that the property indicated in red on "Exhibit B" immediately to the west of my client's property was zoned differently, thus accounting for the discrepancy in setback requirements. Our response is: "So what"? My client can see that property out the windows of his home across a wetland which will never be built upon and it makes absolutely no difference to the naked eye in looking at the two properties whether one is zoned differently from the other. Perhaps an application to rezone the entire neighborhood where my client currently resides is an alternative method of relief to then be sought if zoning is looked upon in the minds of the Commissioners as a reasonable rationale for the difference. Furthermore, my client's neighbor immediately to the east who is less than one hundred (100) feet away obtained a building permit by telephone which was sent to him in the mail to extend the front of his home further into the nonconforming area toward the roadway. That permit was granted without necessity of an inspection, a survey, or variance application or all of the other ridiculous lengths to which my client has been put during this process. Admittedly, there are rules to be followed in these matters and the record should show that my client has not only attempted to but succeeded in following every one of them. and every additional request of him by the people at the City of Shorewood. He has waited an unrealistic period of time for the process to unfold and has endured incredible hardship all summer with thousands of gallons of rain pouring into his home and upon his family and belongings while the City succeed~d in ignoring and ultimately denying his eminently reasonable request. . . Mayor Haugen and Council Members Page 4 August 24, 1989 .' As I pointed out in my letter of August 14, the issue ultimately gets down to weighing of equities and the public interest. It escapes me as to what public interest is served by denial of this variance where no one else's property is affected and where this particular citizen and taxpayer of long standing is attempting to upgrade his property and thus your community in the process. The argument is not between property owners who'seem unanimously to be sympathetic and supportive to my client's purpose. This denial is an absurdity upon an absurdity where Mr. Nielsen's proposed alternative would create a part single story and part two story structure eighty (80) feet long and, as the Council can see according to "Exhibit C" which is attached hereto and made a part hereof, from a builder's point of view it would be a heating, cooling and design nightmare. Furthermore, from a security point of view, Mr. Weissner's children would be in a remote part of the house which is totally unacceptable from his point of view as a parent and which, from your point of view if you have raised children, ought to be of equal concern to you. Mr. Weissner would have bedrooms upstairs, downstairs, and rooms totally out of any kind of meaningful flow of a building plan, all of which represent Mr. Nielsen's and the Commission's feeble and self-serving attempt to deny my client a just and equitable concession by the City of Shorewood. In closing, and as an offer of compromise to resolve this matter in its entirety, my client is willing to agree to build the front wall of his proposed second story addition four (4) or five (5) feet in back of the existing front wall of the lower level which was the original promise and offer of a building permit made to him by Brad Nielsen two (2) years ago. Again, evervthinq that has happened to my client since that time is a direct result of the representations of Mr. Nielsen who was cloaked with the authority of the City and upon whose representations my client relied to his incredible detriment to date. If the City rejects the original building plan and rejects this proposed compromise then be assured that my client will seek whatever judicial remedy would be available to him at that time at an enormous cost of time and money to the City wholly unnecessarily. That judicial claim for relief will include a count for damages for the totally unnecessary expense of time and money and damage to his structure and belongings as a direct result of his justifiable and detrimental reliance on Mr. Nielsen's original representation. I trust that you will do the right thing. ve?jfr; c~ . Jo E. VUkeliC~ Attorney at Law JEV/khs cc: Mr. and Mrs. Siegfried Weissner ClI ~ D,ACiilS UCi3:ciOCid ClI ., III . ~"Fq-::~ 0 -.. III III = Co :; C. 0 C ;- C .::; ? . , t 00 ... \ r ... --- '2.00. -- .. ~ t._S.IOOS"SllE. ,.oJ 1 I Q '2.00.00 10 ___l.LJ-::.f~asemenf....!or Driveway purposes.) ___---L-.J I -,--- '3'3.00 ,,-,\ ... ~ , ,. '-" ,t '..... . <: " ". rf1' 0 "Tl CJ') ~ -\ ( I I u). . 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'\ %~ ~ '<'<" " ,~ \---:.\ -1(~q6''' f9 ~ ,. ~ ~~~ ~~ . - (jl ">'.:~ - -'jOo~~;(\ - 0 "7~~~ C ~ L ' j~' ~ ? .... ~ I:P i11 .-~- CI> ~ , 4':1.0 e:.xisfing Dwelling .. " . ~ c\ ~ \..-'1 " " ..... .~ \. CI\ (:)\ "-~W--'~O " 5he.c ~ : :2: · c ~ ~'"tJ _'1 -08 Vl(b ~ ,4- ....~ :tn ~ c (J)~ :::r-l'll ~'7 ~ .:K '. I ~ , ;...:1 ~ \ ~ - c;g ';'c;g U1 0 . 0 o~ 00 I Q:l. I - of" I I ,: ,~ /' : " ~:' .'- I ~~-.--.,- ~- ~ ----- ZN3~O.l ''1"1 ).~~38MW1S ill U.I ~ Cl ,.-1--" II) cl: U.I -,1 -t\S\ o t) -:z.-:t. '~a .LWt:)Hl'r.) 7-- ~ cW ~ ~ 2S . ~ a:: w > W a:l ~ ~ .(\ 1 ;' "EXHIBIT B" . . AFFIDAVIT OF EDWARD A. SEPTON STATE OF MINNESOTA] ] ss COUNTY OF HENNEPIN] COMES NOW YOUR AFFIANT EDWARD A. SEPTON, and being first duly sworn on oath states as follows: 1. That your Affiant has been a designer and builder and remodeler of homes in the Twin city area for the last fifteen (15) years. 2. That your affiant has designed, built, and remodeled townhouses, single family starter homes, and various types of custom built homes up to homes in the $300,000.00 range. 3. That your Affiant has designed, built, and remodeled virtually hundreds and hundreds of such homes during the fifteen (15) years of his experience. 4. That your Affiant has reviewed Brad Nielsen's proposed alternative building plan to the Weissner property and your Affiant has additionally inspected the premises at the Weissner property as it now exists and has reviewed the proposed building plan of the subject property submitted by Mr. Weissner to the city of Shorewood. 5. That in the opinion of your Affiant there are three (3) issues to be considered here: a. Aesthetics; b. Function; c. Security. "EXHIBIT e" . . PAGE 2/AFFIDAVIT - WEISSNER 6. That from an aesthetic point of view the Nielsen proposal from the side makes the area look like a "city scape" and flies in the face of what your Affiant assumes is the objective of the City of Shorewood in making its neighborhoods aesthetically pleasing and thoughtfully designed. 7. That from a functional point of view the children or anyone else passing from the existing structure to the Nielsen proposal would have to pass through the kitchen and then through a three-season porch to get into the proposed addition. 8. That in order to accomplish the proposed alternative the three-season porch would have to be removed at considerable cost to the Weissners and that one would have to remove the slab under the three-season porch and place a basement or crawl space under that area for a warm floor and to get utilities (especially heating) back to that space from the heating source. 9. That to get plumbing near the back bedrooms in the proposed addition one would have to have the crawl space or basement where the slab now exists under the three-season porch otherwise the children must walk through the three-season porch and kitchen and on into the house to use the toilet or bath facilities. 10. That this would result in an incredibly more expensive plumbing cost to the Weissners. 11. That with respect to heating the proposed alternative space it would require a larger furnace because one would be heating out . . . . PAGE 3/AFFIDAVIT - WEISSNER instead of heating up and additionally require a higher capacity blower to force the air farther from the heating source and possible even requiring "zoning" of the heating system all at a tremendousl v higher cost to the Weissners. 12. That such a design which is proposed presents a much less efficient and much more expensive heating arrangement. 13. That from a security point of view the proposed alternative removes the children I s bedrooms far from their parents I which securi ty concern ought to be obvious to any member of the City Council who is a parent. 14. That in the event of illness of one of the children or any emergency and just from the obvious family togetherness point of view such an arrangement is dangerous and ridiculous. 15. That also from a security point of view the proposed addition eliminates and removes additional safe playing area from the back yard for young children and thereby. deprives them of their safe and secure enjoyment of their own yard area. 16. That the proposed alternative results in tremendous remodeling rather than new construction whereby the Weissners will be spending approximately $100.00 per square foot in remodeling costs as opposed to approximately $60.00 per square foot for new construction which they propose on their second story. 17. That in going up on the second story you eliminate the need for foundation cost, for basement cost, or for crawl space cost in * 4 . . . PAGE 4/AFFIDAVIT - WEISSNER -" flooring and minimize the need for mechanical (including heating) and a less expensive and more efficient plumbing and heating installation all the way around. 18. That in conclusion, and based on my fifteen (15) years of experience and expertise as a designer and builder of all manner of homes and based on my review of the proposed alternative and my inspection of the premises I have never seen or heard of such a proposed design and probably for good reason since this one is a complete absurdity and makes no sense from a building or living point of view on any basis. FURTHER YOUR AFFIANT SAITH NAUGHT, save and except that this Affidavit is made in good faith for the purposes set forth herein. Dated: 2!?1 /gg 1/' ~/ 1/." , / I f~ ~ , . /' ., ,.- ~~~~ EDWARD A. SEPTON ~ Subscribed and~w~ to before me this ~ day of &A~' 1989. 4l2-f~1UW N .tary Public .~ I "#.. '.:";'~.~~'.,~y.,.~.- .'./... "~"',",""'-"'-';':',.'.j.'~'"''..J.''''.''''' ~hr ,--~" . . 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 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 31 MAY 1989 RE: HEIGHTS OF ST. ALBANS BAY - PROPOSED REZONING AND PRELIMINARY PLAT FILE NO.: 405 (89.15) BACKGROUND Mr. Gene Erickson has requested approval of a rezoning and preliminary plat for approximately 6.5 acres of property located in the southerly quadrant of the intersection of St. Albans Bay Road and Manor Road (see Site Location map _ Exhibit A. attached). Mr. Erickson asks that the City change the current R-1A. Single-Family Residential zoning to R-1B. Based on R-1B zoning he proposes a preliminary plat consisting of eight lots served by a short cul-de-sac street (see Exhibit B). The property consists of four parcels occupied by two houses and three garages. As mentioned in the applicant's request letter from Sathre-Bergquist. Inc.. dated 2 May 1989 (see Exhibit C). the site is characterized by steep slopes and considerable mature tree cover. Land use and zoning surrounding the site are as follows: north: Manor Park and single-family residential. zoned R-1C and R-1A east: single-family residential. zoned R-1A south: auto salvage yard and two-f~ily dwellings. zoned R-1A and R-2A west: single-family residential in Greenwood It should be noted that the developer has started a house on proposed Lot 5. In doing so he signed an agreement (Exhibit D) stating that the location of the house will not be used as an excuse for requesting any fut~re variances. A Residential Community on Lake Minnetonka's South Shore 9/1 " r- " . . Re: Heights of St, Albans Bay Rezoning and Preliminary Plat 31 May 1989 ISSUES AND ANALYSIS A. Rezonin~. The Shorewood Comprehensive Plan serves as a guide for all land use decisions. The proposed land use for the subject property is low to medium density residential (2-3 units per acre). This proposed density was based upon several factors: 1) many of the lots in the area are smaller than 40,000 square feet; 2) the planning concept of higher densities near high volume traffic carriers; and 3) incentive for redevelopment of the auto salvage yard. Based upon a "Shorewood acre" (40,000 square feet), the net density of the proposed plat is 1.2 units/acre. Despite being well below the density prescribed by the Comp Plan, however, there are serious concerns with the plat relative to street design. This will be discussed in greater detail in the following section and in a separate report by the City Engineer. B. Preliminary Plat. 1. Lot size. All of the lots meet or exceed the minimum requirements for lot area, width and depth. Lots range from 30,000 square feet in area to 43,449 square feet and average 33,188 square feet. Required setbacks result in ample buildable area on each lot. 2. Street design. According to the applicant's engineer the proposed road is located so as to minimize the number of trees which will have to be removed from the site. While this is a worthwhile consideration, it should not substitute for safety. The proposed grade on the street is 10 percent. While the Subdivision Ordinance limits street grades to six percent the City Engineer has allowed, in certain instances, grades up to eight percent where adequate landings are available. That is, spaces where cars have room to take a run at the bottom and roam to stop at the top. Due to the short length of the cul-de-sac, such landings are not available on the proposed road. The problem is compounded by the location of the street's intersection with St. Albans Bay Road. As pointed out in letters from neighboring property owners, cars approaching from northbound St. Albans Bay Road are coming around a curve and down the hill. Upon field investigation it was found that visibility from the new street to the south was very poor. It was also discovered that a far better location exists approximately 150 feet north of the proposed intersection. The City Engineer's report illustrates how a road can be built which reduces the percentage of grade by nearly one-half. By moving the street to the north, sight lines are improved considerably. This is where the new house being built on Lot 5 presents a problem. It is being built in the area which is best for a road. According to the applicant's engineer, the applicant can not, or will not, move the building pad to accommodate the road because he has committed Lot 5 in either its existing or proposed configuration. Thus, any variance for street grade is something brought on by the owner himself and is therefore not justified. - 2 - ~ '. '. . . Re: St. Albans Bay Heights Rezoning and Preliminary Plat 31 May 1989 This issue is discussed in greater detail in tpe City Engineer's report. 3. GraJing. drainage and utilities. In view of the problem with the street. these issues may be moot. In discussing them with the City Engineer. sewer service is adequate to handle eight lots and it is assumed that water will be provided from private wells. RECOMMENDATION While it is desirable to preserve wooded areas. it must be realized that any development will result in some loss of vegetation. Trees can be replanted, however. In twenty years new trees will have grown. The problem of a poorly designed street will only get worse as the City grows and traffic increases. Although the proposed density can be supported, the plat is not acceptable as presented. If the applicant is willing to change it. the rezoning and preliminary plat should be tabled for up to 60 days pending submittal of a revised plan. If he is unwilling to revise the plat, denial of the request is recommended. BJN:ph cc: Larry Whittaker Jim Norton Glenn Froberg Gene Erickson Dan Plowman Daniel Blake - 3 - r.() (\1 \() C.... '-. LOT 81 :v !'-. .... ('oj , " ...._~ Ll.! (/j T'~IS IS :-',r f t".-,. n.l;S :'I'j"j fO,. G'-." . ;;,~~,,''':::'.i ~,t.. " .. 'I" ;,; . ;1/1 ;;Z~r. :;(,,s'S I :::;,.J ..- I :i J ./' . 0: o \.01 53 ~~ 9 Q I I 1--<) 10 I~ I I I _"a.~'J:'E ,\' - FI4088/"- i'SO" I . ' . L~t .~ ~O\ , , , , " "" I ) ~. ". "" .,~ ~ ,"'.... .Q~ \ Ib~ ,').1. '" \.0178 ~ --' ==----: . ~ @ " " . " / / ,/ .M'" IIl\Q1...(. .1:1~'.40 EX'ST, Il..DINGS TO BE ""'''Et> / / " " '\."" ! ; EX. 1...... ToP' ~-l3.' II.V. ~1.Io.ao i I ", -"-- - 50 0 ' 50 r--__- SCALE IN FEET 100 , , ' " , , ,. \ { " i , , '. \ " " "". , , , , " .XISTING SANITARY SEWER" " .q., . " ' v" \ , . \'''-~:: , ..~~.....:-. ~""'''-'' .......... '-.............. -, \ \ \ \ \ \ \ \ \ \ I / / / / / '" ./ ............ , ; .,~ \\,'\ \. \ '.~'B " \;" '. ,'86'Il'33"W s-, .... '. . I ~ - --:;::7:~::--L - _ _ L- :;--.- ...J .1. PR:OPOSEt> DRAINAGE. ." .t UTll..ITY E",!)E.ME"'T ....-...... 0/\ " L 11-1 I ::'-' l~ :, N _1 1 , / -.~_... ~i~l'1~ 0 INV. QZ.,.4t.. '3:10./3 . 52.5, '-t ..5 8~ .11.t;~::.'!'.!.:.:-:::.__..- ,....~~_..~......:..~~..~..._.._.__.~-~--_._....... _...-~'--""""""-"""-"-"',,~ "".. ....~.-.- -_.-~ ..... ..~~.. / , PROPOSED DRAINAGE 8 UTILITY EASEMENTS: I 10-1 o I __L_.J I I 1-100 L_L_ Exhibit B PRELIMINARY PLAT THe T1NG FOR AND 10 FEET IN WIDTH AND ADJOINING LC AND 10 FEET IN WIDTH AND ADJ( STREET LINES, EXCEPT AS SHOWN PRELIMINARY PLAT tP ~<(j ~ ~\.~ 150 SOUTH BROADWAY (612) 476-6000 WAYZATA, MN 55391 FAX 476-0104 '. " . . 'G.~S ~~ 0- ~ l./,J Sf.J~ v~ J- o ':s:l en SATHRE - BERGQUIST, INC. Q ~ /Q I\t~AS tvlay 2, 1989 tvk. Brad Nielsen City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 RE: Preliminary Plat and Rezoning The Heights of St. Albans Bay Dear Hr. Nielsen: we hereby request that the City of Shorewood consider the request by Kee Construction for preliminary plat and rezoning of 6.46 acres into 8 single family lots and a public street. The proposed gross d~nsity is 1.24 units per acre. The proposed site is located south and west of St. Albans Bay Road and east of tvlanor Road. The site currently has two small homes and three garage buildings on it. The topography is fairly steep dropping from east to west to t-lanor Road which is adjacent to a channel from Lake Minnetonka. The site is currently zoned R-1A. The northern portion of the site, Lot 86 is substandard at approximately 9200 square feet. Lots 1 and 2, Block 1, St. Albans Bay Estates, adjacent to the site on the east boundary are also substandard at 26,400 square feet and 28,900 square feet respectively. Across St. Albans Bay Road to the north, MinnetorUm tvlanor and !'v1innetonka tvlanor Second Addition are zoned R-1C. We feel that these site conditions, as well as the fact that the proposed 1.24 units per acre is consistent wi th the Ci ty' s Comprehensi ve Plan is justification for the proposed R-1B zoning district. If you have any questions about this proposal or would like clarification of any items mentioned herein, please contact our office at 476-6000. Sincerely, SATHRE-BERGQUIST, INC. ~~~ Daniel A. Bl~{e P.E. cc: ~k. Gene Erickson Exhibit C APPLICANT'S REQUEST LETTER Dated 2 May 1989 '0 ' , ' " . . -:J/tY~1 ~. focutm fl.l it ,,4tJ~ J ~!J.in t4f M' ~ .4abm/lfFcI' .. Jr 4~tw ~?~r- ~ att~tf44fU- m ~cIL ttJit.iJ(J1 sd~o ~f~~-rM 4W VdIl~ riJJ ~ ~vitiI ffu- t 1! Roca.t; i1t ~ M ~ Ju1~ {::;~~~C- ~ Exhibit D APPLICANT'S AGREEMENT Dated 19 May 1989 '. "" '. . . Q~,.,~;' ;\1"'" ,,' Orr . "" .', Schelen / .'.. '. .., ." Mayer~n& , Associates, Inc. June 1, 1989 City of Shorewood Attn: Mr. Brad Nielsen, City Planner 5755 Country Club Road Shorewood, MN 55331 Re: The Heights of St. Albans Bay Preliminary Plat Shorewood, Minnesota OSM Comm. No. 4407 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners Dear Brad: We have reviewed the preliminary plat of the Heights of St. Albans Bay and have the following comments: 1. STREET LOCATION AND GRADE The street location and grade as it's shown on the preliminary plat is not acceptable from an engineering standpoint. Where the proposed street comes out on to St. Albans Bay Road~ there is very poor site distance available. If the intersect ion is moved to the north approxi mate 1 y 120 feet, the site distance improves significantly. Cars approaching from the south come around the corner at a fairly high rate of speed. By moving the intersection it improves the site distance and makes for a safer intersection location. The cars approaching from the north have had to stop at a controlled intersection. Therefore, they would not be going nearly as fast. Furthermore, the street section to the north is basically straight although there is a small vertical c~rve just south of the intersection of Manor Road and St. Albans Bay Road. Moving the intersection to the north significantly improves the site distance on St. Albans Bay Road. The proposed street grade on this plat is 10%. On a public street, this is too excessive. In the past, the maximum street grade that we have allowed bas been 8%. After looking at the area, there is a fairly natural way how the street grade could be lessened significantly. If the street were laid out so that it followed the contours and accessed St. A 1 bans Bay Road about 120 feet north of where it's currently proposed, the street grade would be much less. 2. DRAINAGE Drainage on a site like this which has a lot of relief must be carefully taken into consideration. The engineer appears to have identified this problem and proposes to handle it with an urban section. The urban section would be picked up with a catch basin and the drainage discharged to an excavated ponding area. An overflow pipe from the pondingarea would allow the water to discharge down a natural revine to the west. While this looks alright from the beginning, a concentrated discharge must be reviewed to insure there will not be erosion occurring.on this natural channel. Rip rap or some other means of dissipating the energy is required. 3. LOT LAYOUT One of the lots (new lot 5) has apparently already been sold. The City has issued a building permit for this one lot. The problem is that the realignment of the Equal Opportunity Employer '. .. " . . f Page 2 Mr. Brad Nielsen June 1, 1989 roadway wou1 d go through the easterly portion of thi slot. It is still my contention that the road should be realigned and the plat should be redrawn. The lot lines should be reconfigured to accommodate the realignment of the road. It's possible one lot might be lost. However, looking at it from a developer's view point, it would probably be better to lose the one lot then not be allowed to develop it as proposed and lose four potential building lots. 4. SANITARY SEWER Because of the significant relief on this property, gravity sewer for all of the lots will have to come from the west. In looking at the preliminary plat, it apears that exi st i ng sewer stubs have been put out for lots that were previ ous 1 y platted on this property. These existing sewer stubs should be able to be used by the newly platted lots as well. The developer is planning to install one piece of sanitary sewer to pick up the lots around the cul-de-sac. 5. WATER A letter from one of the neighbors questions how water will be provided to this property. As there is no city water immediately available, the method of supplying water that comes quickly to mind is that each lot will have its own ,individual well. However, the possibility of providing water to this property from the Amesbury Water System shou1 d be discussed. The Amesbury Water System is a short distance down Manor Road. It's possible that this property could be served from Amesbury. Also, from the City's standpoint, this could be the initial phase of a long range projection to tie the Amesbury Water System into the newly constructed elevated tower. This should be reviewed from the city standpoint to help tie together the water distribution system. If the Amesbury system could be tied into the water tower, we could do away with the hydropneumatic tank, which is a sign i fi cant 1 i mi t i ng factor on the Amesbury System. Further discuss i on on th is matter is warranted. If you have any questions, please contact me. I would be happy to discuss any of these issues with you at your convenience. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES ~ ~ NO~O~~'E. City Engineer JPN/tja cc: Sathre Bergquist, Inc. 150 South Broadway Wayzata, MN 55391 '. ~'. ~#.",....... ., '!It' --'e/ .-- \ ...,. ./ / / / / , " ""'~ " / ,,-,- "- ...'...., ,.,." ".'" / ; Elt.J...... TOP ~i3., IN". ~"'-.eo I 50 t . 50 ~-1"'- - -stALE IN FEET 100 . A' ,.. i" 1010 .t'.1 " " ~ , , , .. 'h.M,",~"\ TO"~~?B ' INV. "a5p\ , , =XISTING SANITARY SEWm' /. /,.- .A .................. "'-- ......... \ \ \ \ \ \ \ \ \ \ I / / / / / ./ .... \ . \ \ \ \ i I =--.- ...J .1. D^'/ LJt-\ I I . I \ :~: I z' . I Elt.MI-l. I ToP 'l4I."!o IN". '1"!>1..u. I 1 , i:! " / ,/ / / ;:~..--.. Tl>:-~1~~ 0 't4V.C112,1.41. 336.1~ . 150'~3 " SZ.5."~.. __. \ ..~:'=:.;:~:~::.=======-=-=-~:::::~~~'...~::. .~' '",.' ~ ' / ,.# ....~~~.,..::.' ':'_~':'-'~':~":~~"';:";"""""'.,".,. '............ ..-..ft:.:.......... ~#~.~~~~ ./...,........-.--.... ....---............-............. '''. .' . \ ,':' j . "'-, "." ,j; .j. ; / .'\ . PROPOSED DRAINAGE 8 UTILITY EASEMENTS: I 10 --l o I __L_J I I 1-100 L_L_ ~L.. . / l\-~(.' . ,. \ . ......'.~<_...,. .... \~// 0. 10 FEET IN WIDTH A"'D ADJOINING LOT LINES AND 10 FEET IN WIDTH AND ADJOINING STREET LINES, EXCEPT AS SHOWN ON THE PRELIMINA'RY PLAT . . '. MARY E. WEINGART 5330 ST. ALBANS BAY RD. SHOREWOOD, MN 55331 June 1, 1989 Dear Jim: We are writing to you out of concern for the rezoning of the "St. Albans Bay Heights" property. While we a~e_happy for those who will have the opportunity to enjoy our beautiful Shorewood neighborhood, we are totally against the rezoning as it has been proposed by the developer. The new neighbors would not be "joining" the neighborhood, they would be drastically changing the charm of the area .that we call home. Oversized houses on undersized lots would mean a loss of mature trees and wildlife. The addition of a street and eight houses would almost double the traffic in a short, one-block stretch of road. The fact that boat slips on Manor Road are part of each lot sale would aggravate the. traffic problem even more. We have always cringed at our property taxes but felt they were a fair trade-off for living in such a beautiful area. Allowing this ill-proportioned development to take place would totally destroy that balance. Please vote NO for the proposed rezoning. Thank you. Sincr~e7/7n., IlrJ!e ~/ ((ij Dvy.( Alan a d Mary W~ ngart ll~ t Ji41~ '. .' . . FILECOiPY MIl\' ? l' May 24, 1989 Attn: Director PLANNING COMMISION City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: Gene Erickson individually and d/b/a., Kee Construction, and Don Plowman individually and d/b/a Edina Realty. Dear Commission, This letter is NOTICE of my negative vote and registering of protest against the allowance of re-zoning the former Paul Thompson property on St. Alban's Bay Road into .zone B from the established .zone A currently in place. As the owner of the property directly across from this planned re..zoning, I will have a reduction of privacy., the loss of real estate value with my property and the.anoyance of highly traveled access St. Alban's Bay Roadbec.oming a main road which defeats the purpose of the property which I purchased in August, 1976 to afford my family that privacy and serenity in a country styled living with all homes required to have at least one acre or more to qualify to enter this prestigious area. It is my understanding from facts now established that Messrs: Erickson and Plowman have already plat sites sold numbered 5 & 6 in the proposed re-zoning Motion area and others soon to be sold. This action is presumptive on their part and in clearly indicative their sole interest is money and not abiding with current zoning regulations and established neighborhood environment. cc: Michael Collins 5215 St. Alban's Bay Road Shorewood, Minnesota 55331 Note: Mr. Collins represents my vote at the upcoming meeting on this matter. '. . . FILE .COP.y Concerned Neiqhbors of Proposed Rezoninq c/o R.ENGulstrand 2(),~35 )V!2.nCt-. F:(J.::lCi Shorewood, MN 55331 1-12. Y '"":1L ';"'...J':l 1989 .J :i H1 S-c r-i Lt 1 t z Planning Commission Chairperson 5755 Country Club Road Shorewood. MN 55331 [)e.:3.r'" J i el1 ~ We learned on May 18 that effot~ts wet~e being taken to rezone a parcel of pr-'operty on Sta Albans Bay Road, Known asSthAlbans Bav Heights~ fr"'om an RiA zonir1g 'to an R1B~ There are several issues involved in this rezoning whic~l we as citizens and neighbors nave ':sej-.'1 (JLt"::::.. CCJliCE?i'-'Jj'::::':a vJE: lfJOLl.-ld .1 i k{~ t.:{J;:::!.dd-l"""e';::."::::. ti"'i2!TI onE' j:;\-/ crle: IRSAFETY; St~ Albans Bay Racd as we all know is a busyroada I !i e i 1"1 t;~:: ;.":::.(~?C t i Dll o.f S t; II f~~ 1. i:J a n s X3a Y' F~c)ac:t II t"-i .:.:~ncl r"'F\cacl I.' 2U"10 SLlb l..lr...t: an (a.ffectionately ~~nQwn as five CQl~!12r~s) is a very busy and not well .. - controlled intersection~ (jirectly across frcma very active park with lots of childt~en, and asc-hool bus s~ap= H. This proposed rezoning would add eight more families of traffic onto St; Albans Bay Road= 'CI .t..'.. The proposed CuI de sac . .' , . 1 r"l .t~ e r'" '~::,(-:"?C t; '::, c:.+ ~...: ,-. .. A II::: .:':i n s :E .::':\ ~'l !:.? 0 ,:;. cj ,3.t: 2 very blind point on the road, over a hill and on. a corner. We all knew 'ft-'c;iTI ~"\fa.l'kir1\j ,elf! this '5tr"'et.:(:h of t"'o.3.d 1~!cjlrJ', tt"'fi.',::lct"let"'C)LCS :it (:.;;.nbell J't.!.:.t 1.:3.'::.t ~,"."ea.Y~ a. (:.~.t... t"'eaf"\-erldf2,j a t~."l.Llc:k pat-'ked' on trj(E' sriQLtl'dEit.-. c!f St= !~ll:),:\ilS t3.ay !::;,:02Cj at: th!?:?; \l{:~r~:~:l pc:int' ti")f=pr-'CpCJSE:c:i cL~l (je,sacwot.~ld in ter"'S(';?!= t u ~A The grade on the pr(~posed CuI de sac is 1() %, which is more than the ma}~imum recommended qrade for driveways in Shorewood (8%), and creates a majot~ hazard in the winter months when cars will r1';::.f.\/EI to be rTIcr'y"ing pt-'E~tt~:.1 ~.\iell to get L!.P thi~:::. ~:5J.ope antel St:n Alb-=.;.ns Bay Road during ice and snow. What happens to the child who happens to be walking by this proposed intersection when a car is racing to :::'If2 t Llp th i~:; ':51 Ci~) e :;'::t.nd an cJtr'j~?!'-; c:: ai'-' on :3t:1 A], !:Jan,s E{\3.:~./' ,l::~o\':":'i.c! ci C!8-:::::ii' ~t SE?;= i t m~ thE:' cr-! i 1 c:<' L.'II l.t .::\ l'on:.3 r"':;::\n~::JI:=, p,....opc:)5~\1 b:'~,/, tl'-iE IV~l'nries.cJt\:;t; Del:Jt.. ot Transportation to install a bridge over Highway 7 connecting St. Albans Bay Road with Covington Road were to pass, the tra~fic problems would multiply at this proposed new cuI de sac intet-":sect icn.. . ~. Without ~he Proposed rezonIng, there is no nesd for a ;=Ltl de S2.C: = II. SETTING U~ PRECEDENCES; we have an Eden Prairie builder Who t-l~:?-.S no t d C:in e M::~/ ?r"'e\l i OLtS 'r)e\/!~ 1 c!Fimeri t ~::-; ~"Jh c t'12~, IrJCI j....k eel OLl t ~J.tJt"'Cr-1 as:.E: i~~i~a:~;~:e~ ;:~+ 'r~r-' f ;~~;~ ~;~~~~E7~;;,~~d ~nd B:;~' sar:;~~~~,lr~;;.~ i~;~, i ;H;:;~~~[r~'3 t~e<:~;,;~~~W " . . say'ing .j-;-, c.th\~t' de'./(;?lC::lpe(..~:: t:hai.~ :3hen--e?i,'JoGd \.'Jill he?lp .Cillam to c:hange our city for their benefit. There IS no apparent need for this t"'e::onirl(.71 c)thj:.:'Y" t:harl to sql...teeze tiN!::) Ot... 'thr"ee adc:!ition':::'tJ. t-'tCLt~~es 'ontc: i:he p t"'OPE.~I....t:;l III. POPULATION DENSITY; We live in Shorewoad because- we like the trees~the wildlife, the priYacy~ the country feeling our community affords. The arguemerlt can be made that 8t~cwth is good and necessary, which we do not dispLlte, but change forchan8esak~ or strictly for profit is not good. Five or possibl:y six homes could be built on this pt-.opet-.ty ~4,jithClut r'ezclnin~i en.' e\fen Vat'~Lances, and we are in favClr of these five or six homes being built, but why do we in Shorewood need an Apple Valley or Eden Prairie Type bf development ? A quick review of the areas within Shorewood shews that E'\/er-: .::weas zoned with smallel.' lot r'ecjuit-.eiTh?nts most ft'equently h.::\ve dOLlt"Jle J.1:::lt~:: Ol'~ much 1 a I.". g e I.' thi::\n ~~c.n:i.!iS r'ec:!Uil....em~?!it.:E, that 1.::~ p~...eci=.€-?l~./ beCaLtSe we don{j"l"; ~~i:\nt the PCpt.t12~tiDr-: dl~ns:.it\/ inOLlY" community increasedu IVa THE HIDDEI~ COSTS Manv o'ther factors will Sl.lr+ace if this development were to be approved, most of wl,ich we do not have answers tor~ only concerns and worries~ Pi *" 'rh e de\lE.l :)J::lEr"' p ~3.~,/S'fC'rH. th f2 l'-'oa.d nC!~'\!lJ .:.in d :3 i:t i r'! s "th(e incirl:?'21~.;"::\r'y~ t"'e~loJ~:?.r'~d'::. nCJ~"'J c!.f beir",s -:-abli!E.'. 'te) s.E'l:[ t~JCj Or'\ t;J'''I.t'''('?~'f::' rnCir'''e l.ots." v'..lt).i l.e .~"\ie ce!li t i jiLtS' tel F:iCi.Y" for-" (ni.-?. i n taini !-f~3 th ~!.::s r"'CJ,::::"d fc:n....t:j-H~ r-'E,":s:.t CJ-tCtl.U.... 1 i\/E?s. u Sn CURB 8~ GUTTER; withcut~b and gutter an theprcpcJsed c(~l de '~.:?,.C ir~ih E~n ~,\I:i. 11 t h (-? :::L t:}"'cjec~ 1 d€.:~ th .:1 t c: u !"H'l:)~~..: f3Lt ti.: e f'" '::.h c")U.l clc, (:~ e;.::t:en d ed throughout the surrounding r~oads~ c. LOSS OF FAUNA & FLORA; We crt'~e looJ::in~! i.it a65 l;f~ :3t-'e.::ttet... 1 oss o-~: t ;-"'ees:. 2lrf cj \/eg(~1 tat iOj"'i Cin this F .:::I.t...C: !?21 CJ f P r"'C)per" t~( ,::\5 ~::\ r';esLll t of the proposed rezonin8~ D# LOSS OF PROPERTY VALUE as a result of property downsizing, pOpLtl.:.it:t8n ciensit:/ i.nc:r-'e2.:.e" lTic:!t"'e "tt-.af'{':ic::, .:B.,-,d F:lcJo!....et-. sa.fet:~-/ CfJnCJ]. "C lCJnS II i-. ~"Jt-':: TEl:;: ~ wi 11 . , '-') ,.. ' tne oeve_.opmen~ nave P t-.i ';'1 a t El ~"'.Je 11'5" f:3I"'OU~p ""J81111 city water '~l Who pays for what.? F# SEWER; will changEs be necessary to eXlstlns sewer to acccmodate the proposed rezoning? bll I;:: tht~ t"'l::?2C)l'"1 ins ~"'Jet"'e aq::>Flj''''c)v'erj'J ~\i(;af'!avef"lc 8l..1.-:.~-tt...~=;J!tee ti'''!at ti'1E? plan SLlb~Tlit:ted b}l Gens~ El.....ick.scr..i lrJCJLtld E'ven be thE? plan Llsecl, !rJh~./ open this situation up to further problems down the road? Jlm, we have no problem with ~ive or si>~hoines being bLlil~t on this property, which itcurren.tly is zoned for as RiA, but with the s,-:3.ff:?ty pr...oblem, the diminishin::J 0.;= S~hol.-.ev~ood"s chat-.m , the cost to us astaxpayer5~and the cost to us as landowners , we find it hard to undet'stand any need to dO\.'Jnsize lots and inC:t'ease populatic,n densi ty on th is pat-.eel of l.~nd. l.l.)fi~ al.'e deep ly concel.'nec.i cd::.(Jut th(;? .:d::1Q\/e is':5Ll.e::. an!::J hope ~~'Jec:an co!_tnt an )lC!U. -rCf 5,i.).PPC1r-''i.:: u.:=.in r"'(~jec:tin;:::.! thi-:-:::. pt""cpos2l1" ,'9.l'1d in inal:i.nt.::'~iniI18 (:lur" cLuo-.t-'erlt :~.::c:!r.tin8 pl.~':tnlt _.. ..- 1"t~lCll2~t"'ij !::.a Ch~~.." . Ii. . " .. '1 .' . .. ... h.., ! ll;;l'TI ''';i' 11. +,:::;.., 'lV-i.... .._.11 '--'_~.L ... ~. ......; " . . . FILE COpy . >1AY 3 0 !S8~j 26 May 1989 City of Shorewood Planning Commission 5755 Country Club Road Shorewood, MN 55331 Michael Collins 5215 st. Albans Bay Roa.d Shorewood, MN 55331 Attention: Mr. Brad Nielsen Subject: Lot 86 Subdivision 141 Proposed Rezoning Dear Sir, One of the determining factors in the purchasing of our property was the area in question was zoned lA. We had and have no desire to live in a higher density area as there are no positive aspects that go along with more people. We also object to the developers contention that the planning commission supports the lb rezoning and being told that the "city fathers" intentions all along were to have this area zoned at lb. As you can see, a developers definition of the comprehensive plan is quite different than that of a resident. The most serious issue with this proposal is the safety problem. The proposal shows the Thompson driveway being changed to a city street (st. Albans Bay Court) with a grade of 100 and having the vehicles of five homes accessing st. Albans Bay Road directly across from my driveway. These vehicles would be required to climb a 100 grade road, stop at st. Albans Bay Road and then enter as traffic allows. Can you imagine this in the winter time? st. Albans Bay Road is dangerous now due to the speed of the vehicles using it and the ever increasing number of vehicles. Along with these problems the driveway to be changed is blind from both directions. By blind I mean if you do not know the location of the driveway, you will drive py it. The current users of the driveway must use 4-wheel drive vehicles. I strongly urge all members of this commission and the city engineers to personally look at where this road is to be located. I believe the city maintenance crews will be severally tested to keep such a road accessible. Based on the above issues, the proposed rezoning should be denied and the developer be recommended to conform to the existing zoning. Thank you. Sincerely, AM\LLL~ ~ Michael Collins Attachment ... '. Edina Real: . Edina &Cgi\}. 1~~ ~ ...\~S ':4tdJ \. .... ..' .., '. ' Daniel K. Plowman REALTORl!l, GRI Lake MinnetonkalDeephaven Office 18322 Minnetonka Boulevard Deephaven, Minnesota 55391 (612) 473-2555 Lake MinMUJnkalDeepluwen OffICe 18322 Mimletow Blvd. Deephaven, MN 55391 Bus. (612) 473-2555 Res. (612) 933.6934 JlMIS G:l May 18, 1989 Hello! I'm Dan Plowman. Last November my wife, Kerry, and I purchased 2 lots at 5240 St. Alban's Bay Road. We are planning to have Gene Erickson of KEE Construc~ion Inc. build our home some time late this summer or early fall. As a n~w neighbor, I thought you'd be interested in what's happening in your neighborhood. As a realtor, I represent Gene, President of KEE Construc- tion, who recently purchased two parcels of land on St. Alban's Bay Road. He bought the little white house on the corner of St. Alban's Bay Road and Manor Road (5200 St. Alban's Bay Road) and also Charlie and Joan Thompson's property at 5260 St. Alban's Bay Road. It was initially Gene Erickson's intention to build two homes on the 5200 site and three homes on the 5260 site in addition ~o the two home sites on my property at 5240. When h~ presented his plan to the City of Shorewood he learned that he could po~sibly re-zone to allow eight homesites ra~her than seven. He has decided to pursue the re-zoning opciou which will allow for eight homesites. I have attached an overall pla~ and plan of wha~ I have explained. I welcome your call if you have any questions. I nlAo wulcomQ tho OPPQ~1;\.1nity 1;Q mQQt; my new neiahbors. Sincerely, " -, . I.: _..//'.-. . - , ,j 1..'/' Dan Plowman, G.R.I. :JMlS cD " . .. . LEGAL NOTICE . PUBL I C HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Shorewood will hold a public hearing in the Council Chambers of the Shorewood City Hall. 5755 Country Club Road. Shorewood. Minnesota. on Tuesday. 6 June 1989 at 7 :30 P.M.. or as soon thereafter as possible. The purpose of the hearing is to consider a request by Gene Erickson for approval of rezoning and a preliminary plat to divide his property into 8 single-family residential lots. The property is located at the southeast quadrant of St. Alban's Bay Road and Manor Road. and legally described as: "Lot 86. Auditor's Subdivision No. 141. Hennepin County. Minnesota; also Lots 2. 3. 4. 6 and 7. St. Alban's Bay Heights. Hennepin County. Minnesota." P.I.D. 25-117-23-32-0001 and 25-117-23-33-0014. 0015. and 0016. Oral and written comments will be considered at that time. Anyone having questions relative to this matter may contact Brad Nielsen. City Planner. or Patti Helgesen at 474-3236. City of Shorewood SANDRA KENNELLY City Clerk To be published 22 May 1989 (Sailor) .> .. . ' . . . On Lake Minnetonka June 2, 1989 Planning Commission City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 The undersigned as Mayor of the City of Greenwood received a notice of hearing on request to rezone and plat property located ~n Shorewood at or near the intersection of St. Albans Bay Road and Manor Road. This property is located within a limited number of feet of the City of Greenwood. Our zoning of property abutting Shorewood in this area is R-1 which carries with it a minimum square footage of 20,000 square feet per residential lot. Enclosed is a copy of Greenwood's zoning map. We hope this will be of assistance to your deliberations. City of Greenwood ~/*/~ Alan M. Albrecht Mayor AMAjdh Enclosure ~~ P.O. Box 365 ' Hennepin County , Excelsior, MinnesOta55331 . V'tLLAGE -OF uREENWOOn ~ NASON WEHRMAN CHAPMAN ASSOCIATES INC. ....&NNIHO CONSULTANTS LANDSC"".ARCt4'TCCTS KNOtN.EftS ..ns NORTH LILAC. DRIYI! MtNHSAfI"OLIS. MINN._OTA ISD.aaZ ." C-1 C-2 f:l-1 1=1.-2 SINGLE - FAMILY L A 1-( E ,.' /', . ",,/') \\ ( '",,- ) i ',. . . 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 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 27 JULY 1989 RE: HEIGHTS OF ST. ALBANS BAY - REVISED PRELIMINARY PLAT FILE NO.: 405 (89.15) BACKGROUl'-l"Tl As you recall the above-referenced plat was tabled at the June Planning Commission meeting in order to allow the developer time to address the proposed road design, a major concern of City staff, area residents and the Planning Commission. The developer has modified his original design (see Exhibit A) and submitted a traffic engineering analysis (see Exhibit B) dated 29 June 1989, prepared by Benshoof and Associated, Inc. We have also received additional public response which is enclosed for your review. For additional background on this request, see our original staff reports, dated 31 May and 1 June 1989. ANALYSIS/RECOMMENDATION Based upon the revised plat the following issues are raised: A. Zoning. The recommendation included in the 31 May report remains unchanged. R-1B zoning is consistent with the Comprehensive Plan for the area in question. A question was raised at the public hearing relative to the number of lots which can be achieved under current R-1A zoning requirements. The property consists of four separate parcels. The northernmost is grossly substandard but contains an old house and garage, neither of which comply with R-1A setback requirements. These structures are "grandfathered in" but extremely limited in terms of any further expansion. An owner should be concerned about any damage to the structures exceeding 50% of their value because the lot is not considered buildable by itself. A Residential Community on Lake Minnetonka's South Shore q/!; Re: Heights of St. Revised Preliminary 27 July 1989 . Albans Bay Plat . , The parcel immediately south is substandard (less than 40,000 square feet in area) but buildable because it meets at least 70% of the width and area requirements for the R-1A district. The middle parcel consists of two previously platted lots which, at some point were combined. Given the size of them, it appears that they could be redivided into two lots. The southernmost parcel is quite large and could be divided into three lots. Considering topography and vegetation, substantial site alteration would be necessary to achieve reasonable access to three lots. Based on the above. seven homesites are possible, including the unbuildable, but occupied, northerly lot. B. Preliminary Plat. The applicant has modified his preliminary plat in response to concerns raised at the public hearing. Specifically, he has lengthened the proposed street by extending it southward and curving it somewhat. In so doing, he has reduced the maximum grade to eight percent. This is two percent less than the previous proposal but two percent more than the Subdivision Ordinance requires. While the City Engineer will make a recommendation relative to the revised street plan, it must be realized that any variance is questionable, particularly since the reason for the variance is the applicant's location of the house under construction on existing Lot 4. It is also worth noting that extending the cul-de-sac makes the existing garage at the south end of the site nonconforming. If the preliminary plat is approved. it should be contingent upon moving that structure into compliance. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton Gene Erickson Daniel Plowman - 2 - ~. . / ./ ;", . #~..- _,'''''........ --~ \ \ \ \ \ \ \ \ \ \ I / / / / / ::-" ./ "-"" f':,; ~~:~ INV.~' q;;U1L..t:>ING~ EXI~"IN~""'OVEt) TO e.e: ~.., ., ./ 1W II "" '. \'. , (,..~'"'. , <lI!,3.1 ;.~_.ao o c:.r""i _ -~CALE IN FEET ~o 100 , ,. // '" " -. -\,~. " \ \ i i \ .~ ., "-,., s~c 'f. I r\ L. uI BAY -,., '- - ,-" ~ '~' E.X. Ml4.. I T'OP' q...l.~ I INII Cl~1.. u.. I I , , /......) ,.." , U MH. 0 TOV" :i~..lt. '" . 52.5. (.. '" ........ .... -:..----=-__...... ....m...._._.. ... 8....IFN..~ __--.- ..........___....__..__ ,.__._.__.._......~.:=:.:------.- Exhib itA REVISED PLAT Albans Bay . ghts of St. He~ ....,.. / ._--~~ : .. :ii7i;"E.. / 'N 8'1 / ". ~i<..~ 3 ../ ...?' ,.~;..~=~.~~~...~ r .:~~:::~:..:.:::.~:>. .,,' ...............~ ~..... ~... .........~_.... , , '. , ./ DRAINAGE i PROPOSED '~w---' . BENSHO~lF & ASSOCIATE~INC. TRANSPORTATION AND LAND USE CONSULTANTS 7901 FLYING CLOUD DRIVE, SUITE 119/ EDEN PRAIRIE, MINNESOTA 55344/ (612) 944-7590/ FAX (612) 944-9322 June 29, 1989 REFER TO FILE: 89-34-43 H E H 0 RAN 0 U H TO: Mr. Gene Erickson 8 James A. Bensho~~and Jon WertJes FROM: RE: TraFFic Engineering Analysis For 'The Heights of St. Albans Bay' . PURPOSE The purpose of this memorandum is to document our traFFic engineering analysis regarding preliminary platting For 'The Heights of St. Albans Bay' in the City of Shorewood. SpeciFically, the analysis consisted of two items. 1) Determine the sight distance For St. Albans Bay Court at Its intersection with St. Albans Bay Road. 2) Review and comment regarding the proposed vertical alignment For St. Albans Bay Court. These two items are discussed next, Followed by the con- clusions and recommendations. TRAffIC ANALYSIS The traFFic engineering analysis is based upon the prelIminary plat drawing by Sathre-Bergqui~t, Inc. dated May 2, 1989 and revised June 23, 1989. The First Item addressed was that of sight dIstance For St. Albans Bay Court at it intersection with St. Albans Bay Road. Observations and measurements were taken on June 27, 1989, at the proposed intersection of St. Albans Bay Court/St. Albans Bay Road. Based on the Field measurements, the sight distances were determIned For exiting vehicles From St. Albans Bay Court. The sIght distance to the leFt on St. Albans Bay Road is approximately 500 Feet. This sight distance is the approximate dimension From the Four-way stop of Manor Road/St. Albans Bay Road to St. Albans Bay Court. The sight dIstance view to the right on St. Albans Bay Road Is currently partially obstructed by trees. bushes and the wooden Fence Immediately east of St. Albans Bay Court. Exhibit B APPLICANT'S TRAFFIC ENGINEERING ANALYSIS Dated 29 June 1989 ~ . . Mr. Gene Erickson June 29. 1989 -2- These trees. bushes and fence are located in the existing right-of-way for St. Albans Bay Road. If some of the trees, bushes and fence were removed, a sight distance of 350 feet could be obtained. In order to accomplish the 350 foot sight distance, the following obstructions would need to be removed: trees, bushes and wooden fence in the St. Albans Bay Road right-of-way for the first 80 feet east of the proposed centerline of St. Albans Bay Court. trees and bushes between the edge of the road and the wooden fence from the above referenced 80 foot point east to the northeast corner of the sub-division. In addition, If the City and/or the property owner east of the sub-division would agree, trees and bushes could be removed from the St. Albans Bay Road right-of-way east of the sub-division boundary line to further increase this sIght distance. It was estimated that an addItIonal 50 feet of sight distance could be gained through such further tree and bush removal. Based upon sight dIstance standards utIlized by Hennepin County,1 the available sight distances of 500 feet to/from the west and 350 feet to/from the east are substantially greater than those required. SpecIfically, for the 25 mph speed limit condition that exists on St. Albans Bay Road, the 500 foot distance to/from the west is double the 250 foot required dIstance. and the 350 foot distance to/from the east is 79 percent greater than the 195 foot required distance. Another conclusion that may be drawn regarding the sight distance standards is that the available sight distances are sufficIent even if traffic travelled at 35 mph on St. Albans Bay Road. The second item to be addressed is the proposed vertical alignment (profIle) for St. Albans Bay Court. Two items of importance regarding the profile for St. Albans Bay Court are 1) the maximum grade and 2) provisions for a landing area at the intersectIon with St. Albans Bay Road. Two resource documents have been reviewed regarding guidelines for maximum grade on local streets such as St. Albans Bay Court. One source, Recommended GuIdelines for Subdivision Street, Institute of Transportation Engineers, 1984, indicates that the maximum desired grade for local streets under rol ling conditions is eIght percent. Another source, Geometric Design Guide for Local Roads and Streets, American Association of State Highway Officials, 1971, indicates that the grade for local streets should be less than 12 percent. Regarding landing area provisions, it 1 Guidel ines for Roadway and Driveway Design, Institute of Transportation Engineers. Washington, D.C.. 1977. 5,2 . . Hr. Gene Erickson -3- June 29, 1989 would be desirable in this instance to provide a relatively Flat area on St. Albans Bay Court at St. Albans Bay Road For two vehicles to be stopped waiting to turn onto St. A1bans Bay Road. The purpose For providing a landing area that will accommodate two vehicles is to minimize the circum- stances in which a vehicle would be stopped on a steep slope and, during slippery conditions, would have diFFiculty proceeding Forward. Relative to the above guidelines, the current proposed plan For St. Albans Bay Court provides a maximum grade of eight percent and a landing area For one vehicle. Thus, the current plan Fully meets the grade guidelines, but is slightly short regarding the desired landing area. Another alternative would be to increase the maximum grade to about 10 percent in order to provide a landing area of suFFicient length to accommodate two vehicles. Given that St. Albans Bay Court will serve just Five homes and that the roadway slope wil I be south Facing (i.e. maximizing the opportunity of the sun to melt any snow or ice accumulation), it is our judgment that either roadway alternative will meet the grade and landing area guidelines to a suFFicient degree to provide saFe and eFFective traFFic operations. Our preFerence would be to implement the second alternative - maximum grade of about 10 percent with a landing area For two vehicles. CONCLUSIONS AND RECOMMENDATIONS Based on the above described analysis, the Fol lowing three conclusions have been established: Trees and bushes to the east of the proposed St. Albans Bay Court should be removed as described above In order to provide adequate sight distance. Such actions also would include removal of the existing wooden Fence For the First 80 Feet east of St. Albans Bay Court. With the above removals, the sight distance between St. Albans Bay Court and both directions on St. Albans Bay Road wll I Fully comply with appropriate standards. The proposed alignment For St. Albans Bay Court will Function eFFectively in the context of two alternative proFiles - current proposed plan or a modiFied plan that would provide a maximum grade of 10 percent and a landing area at St. Albans Bay Road For two vehicles. Our preFerence is the second option. In the context of all the above points, we bel ieve that St. Albans Bay Court will provide saFe and eFFective traFFic operations. ~~, , I ,--...... ~--'~."'"\ ',.....~'"\ -, ""\ ~ .",~~ " '""" -... _ _ . _ ,..., . .., I --:;.~' :-1'... ~~- ..:~,~,~. _~)'''' ~,,)~-,"::iI( -.t .' . . -:s/tt/M ~ /ocu-tM _P/-d ,AtJacf J -o/It~ t'td ~~' ~ 4dn1/lfi/ ,UtUICtj to/ 4Ltii ~;~-;- ~ atc~tfMtU- /CLiff ~c!i- to-itil{ll 5D',..0 ~f$l:o~:mJ 4W \JlVl tM-e-' w11J tG ~W4fidJ ~ t -f! fu~tM ~-w 1~ u ~ Jtl4(f-- {::;Gw~~c- ~ Exhibi t C APPLICANT'S AGREEMENT Dated 19 May 1989 . . Orr Schelen Mayeron & Associates, Inc. 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners July 27, 1989 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Brad Nielsen City Pl anner Re: The Heights of St. Albans Bay Revised Plat Shorewood, Minnesota OSM Comm No. 4407 Dear Brad: Our original review of this plat was done June 1, 1989. At that time, we addressed the issues of: 1. Street Location and Grade 2. Drainage 3. Lot Layout 4. Sanitary Sewer 5. Water Since that time, there have been meetings with the developer and his engineer. Al so, an additional report was prepared by a Transportation and Land Use Consultant, Benshoof and Associ ates, Inc. , for the Developer. From our review of this revised plat and the brief memorandum from Benshoof and Associates, Inc., we have the follwing comments: 1. Street location and Grade The revised plat shows the proposed road, St. Albans Bay Court, moved north approximately 20' from where it was shown on the original preliminary plat. This is significantly less than the 120' I discussed in my June 1, 1989 letter. However, to accommodate the small movement to the north, the Benshoof memorandum discusses obtaining the sight distance by removi ng the exi st i ng wooden fence for the fi rst 80 feet to the southeast of St. A 1 bans Bay Court and removi ng trees and bushes on the St. A 1 bans Bay Road boul evard from the referenced 80 foot poi nt to the northeast corner of the sub-division. If the City is willing to go along with this removal of vegetation then the sight distance can be obtained. Equal Opportunity Employer . . City of Shorewood July 28, 1989 Page 2 The street grade originally proposed was 10%. That was identified as unacceptable in my June 1, 1989 letter. The developers engineer subsequently changed the grade to 8% and showed 1 anding areas of 2% at the entrance to St. Albans Bay Road and at the cul-de-sac. However, in so doing, he took the liberty of running the 2% landing area out to the centerline of St. Albans Bay Road instead of the edge of it as in the original plan. This revised plan should be adjusted so the street grade and landing areas match at the edge of St. Alban's Bay Road. If you have any questions, please call me. I would be happy to discuss this letter with you at your convenience. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~or~,f~ City Engineer JPN/cmw 07/89-67 cc: Sathre Bergquist, Inc. ~~ . . . JUN I 4 [lLE COP.y . \ ".... ......\~.. Date: June 12. 1989 To: Bt'i=\d Nielsen City of Shorewood 5755 Country Club Road Shot'ewood, r"lN 553:::;;1 From: Richard Gulstrand~ 2()635 Manor Read, ( 6 1 :2: ) .tl. 7 4..M.. 6 5 oil () reD: Proposed rezoning Heights of St= Albans Bav I appreciate the planning commissions understanding and concern for the safety factor involved with the proposed cul-de-sac off of St. Albans Bay Road. The four sericl~s issues were addressed, those beinq the slope of the proposed street being teo steep;, not enough landing at top and bottom of cul-de-sac; the unsafe entry location onto St. AlbansBay Road; and the adding of additional tY"2l.ffic ontOi:.:l!i ,::'I_lt-'~~~ad\/ b-:.::\d j.nt(::::r-.sE.~cticJn -:3.t~-3tu Alt18.rj~::- B.:::f.~-/..t::;.~c!acj? Manor Road and Suburban Ave. I feel comfortable in your decision to table this proposal" Since this was the most obviol~S negatIve :~ssue on the topic, we really did not tl2ve a chance to , nor need to address the other iSSLt(.=.:S -:::f.t l-LlE~~.d~?~:y n:Lgr."tts ffjef::,ltir-f~:.:-J.. ! do wish to reiterate my concern 2S 2 neighbor to the - , a .t. r.'.e~:: C:in 1 n:=i I' 10E'"" Ia The Cc)mp plan does call for this area to be at ~ M~ ur.lits per ac r.'ei;! an d .t f-!I...t~. i fl th E' b iM'oacj ~.I::?Fl=.EI lj r--i=:: :,::cJni r19 t:(J F~ 1 B .n1(.:::'et;~; Ot.t!.-. 'C i 1.::>.'. plan + 0 f.M_lT!j_~ 1 ~~ 1; eel t n ~3E'P t enlbei.M. 0 -f: 1'::;;;::3:L.., .I-.j O!"\j(':::\/E' t"" .8,:.::., -Fe) I-'''e. ..i:"ii. 5.C::Ltn cj decision can be made on this (natter, _ believe it is crucial ~n analyze the reality of this section of Shorewoodu ?:i. Dil"ectly aCr-'cr:~s, the stt-'eet <:,nd e;-;ti!2nd~Lng the E?ntir-'e length of the property alons Stn Albans Bay Road the camp plan calls for Ie's!:; than 1 hom~? pei" -:3.CI"(-:?, '!':::,emi!"'!..l,f"al". P:lthc!ugh a pOr-'-J:;ion of this area is now miszoned into R:LC, the vast majority of property i ==. in E-?}~ C :~~::;.::; 0 f 1. .::lC !.-'!:;? ~; .::\nc.i fit -:::. -1:; h (2 c: CJiTlP. pIan; (.'::-E.e.e ;{f'''j. i b i.t {.;) ~. Although Carmichaels Auto Parts is a sorry sight for the city and incentivE to help get this developed into housing does rrt.::i.i<f..~' ~:::,;=Zlr'i:5el.! I cia rMlot: -=.E~(:!::; tl.'.ler'.ieec:i tc:: tiF2 ir-i tl."iis:. cclrMlcel....n v.jit!."i tl.11"E! pr\opet~ty now ill q~.lestionu . - . Z c! n i rl q tJ CJ t-. d f:~' l....-:~ 2. ,.... E; (1""1 Cl S to + t f:~l n fH i:.iOe .;3 t street boundaries, bt~t .far in fact in the near - .. -to 1-. C) rn :;;':\.t l.rJ i:.:i. :y" 'S ., vicinity of tlMlis property~ the zarling lines drawn off of streets VS~ on stt"'eets is 5()-5() k" Besj.des, rezonir18 CJf Charmichaels is not ~ne issue het"'eu 211d would not chanqe as ~ result of this ch..:::\n~~.~e " L= Rezoning this 6..25 Act~e Parcel will resLtlt in another SPOT ZOi~~Ir~JG s:itLl.~.t:ton,sl:i~3htl:/ l2."4,~'''~j(.~.~t.. 'i bLlt ~:=.imil.ar-' tC) tr-f(-.~; SPi:Jt o.f: F.~2f~~ zoning along Hwy I, SOLlth of this propertYq -, . . II. The city Engineer has expressed concern overrun-off from the developers plan, and its impact on the inlet into Lake Minnetonka, just across Manor Road from the subject property. A topic discussed on page 46, item #12 of the city's COMP PLAN. III. The city Engineer has brought up the possibility of connecting water to this development from Amesbury, and further connecting it to the new water tower. Who will pay for this expansion of water lines The Developers say they can put seven houses on this parcel of property without rezoning, and 8 with rezonin8~ For thesinqle home diffet~ence, I SU8sest we maintain the R1Azonins of thi's parcel and consider rezoning the R1C zoning area along Manor Road to RiA, thereby complying with the COi~P F1lanmoreclosely,and keeping the charactet~istic 1 acre plus home sites Shorewood is known and loved for'~ If' as ffiLICh as we cut~rently have onlycne othet~ R1B zoning area in the city, I de) not see a need to have one other bdd ball zoning area for the sake of 1 additional hame= This is a steep 'rt he2vily slopina parcel which woodedn creates many pt~oblems ir1 deveJ.oPfl1ent an(j all C)~ 'these problems are compounded by trying to fit in too ma11Y homesitesu I hope you will give set~ious consideration to the neighboring home owners' concerns before allowing this pt~oposal to go any furthera Thank you for your time and consideration= / !. ~~t.- ~~jf~~ii ' ;;;;_ ~, .......',:?, :~r>:'~r .. ~C'2- ' ~,,;;v \~_. . ~.2~~~fi" L ~~ ,.- ,.": . l~i ~~. f \ g'~ ~ ~ 7l:) Ii- -\I---=-'''''- I ~ 1 1P " "', , . 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';: ~....... ..... .:::;':::.': ~~.' _:.~',: ~.~.: '<.';. .":::'~' .. , 1 I I __---1 I ~/ t ~( - " . . 5290 ST~ ALBA~}S BAY RD~ ::::X'::E:....S I Of';;! MN. ;;;-C".-,'--, .; ,_,,_1.":;";';' .:. ...;;.. - 1 S~10REWOOD CITY COUNCIL 5755 COUNTRY CLUB ROAD SHOREWQOD, MNg 55331 DEAR BR~D NIeLSeN: . . - ~ -. --- /iC Hi';.":' _..__.~.._... '-',';:;- ....-.... '--- :'-~ ......~. "._-'- __ ,~. .n.._",_,_._._ _ :_: r".. ".-. :_: ~ ..~ L ~:.'- .. ABOUT Tri~ FROPOSED . . '... I' - , .... '1"-" INCPEASE rr-! DE!'".1S:TY THE ':HEIGHTS OF E:;T:: ALBf;(..!S B~Yi;~..JOJL.D PRESENT TO OUR NEIGHBORHOOD; WE BOUGHT OUR HOME 10 YEARS Hew C.'( ~~; ~~E~:~~~ 0~; RD~ W_7H T~~E A23JRANC: AND CONFIJ~NC: T~AT THE JNDE:.....:E~JPED _;:~N[: 1\ DUR i\~EIGHBtJF~HDOD v.JAS ZONED- i .....-.r-.:o- f4Lr.:t:. ,\3 IT IS DUF He;.:'!::: THAT T:-jE -:l T';, OF St1J~:~EjJCDD t,lJILL STA:'..tJ:: EY ITS Dl~N -.-,.-..-. --._- --.- LUNiNb ~HWb 0~U Wl~ri~~ 1.; ::: , , ... .. .... .. '... . ,..,. . --- -...- _.:.... ! ...'--..... .;. ;.;..'10.... '1, '_' s - .-.- .,. - .-..- -.- - -- -- LOt-<lt<G ~~~.:j::; r-;:r<D ~.-1E Ii\TE3F\:T~:' CF THE SHDr:E~zJOOD CITY COUNCIL ~~A; ,-"'-,l;,- .,-' ~'=r- ~.'-'.~-:-"" '7'.-, ,:~:.;.,-.-r" ,'=H ".f C. __,.= '~= - ~ ':-; i;": ~ :"~ v::.~ ! IN THE CITY OF SHCREWOOD= WE :. ;~'.""'" --"""1"" ,.. ,. ..- -... . ,. -,- -,. ..-......_~ ;_;:'~.L.::.: '.,,.j i h;.:- : ;--i,,! , J-:=. ;..,;t.. L~U~K HCME~ IN THE AREA THAT ARE ON LESS THAN 1 ACRE BUT IN GRDEF TO T\,""'r,.1":'.; ,-,: ';: ,-;; :i"'; .,.-. :. ~''i 1 H ii'..j UL'r\ ~:~tHi.- 1. .- ,.. -....,'~ - 0;". . __ ....._:; '0-'. '_'. ._, .....;."................ .._ I ;';~f-...:. ;" _iF: ;.,.J,E~:~ .... .-:'.......;:""""~ E ~LT.~t:.L -..-.'-.' ---..-..- . 'i... , .'!...., ;: '~.';...1:.. \: : . ". . ... .. ... _'~ -::"-:-0'__ "_..,. ;:: BESIDES O~R :CNCERN REGPRDI~jG T~c ,...., '.-.'. :.-..,.... ";" '.' :-.:.0.:,; ..;; ::'~=- _:. ..!ii- "'.'- F'RO~~ISED AND ~jbAT r~A~' ~c-TU;;L..L';" :iE;:\;E:....::]r-:: viE AL'3G AF'E ::JNCE;=~:"~ED ABDUT SAFETY Il TRAFFIC DN :::;T;; AL..E:;:~r'JS 2A"~' RD. DCES NOT C~EEY THE SPEED LIMIT8 EVEt~ THOUGH VARIOUS REQUESTS HAVE BEEN MADE lil THE POLICE FORCE WHO ~ATRCL -YIS ;OPD: TRAF~:CCJNT: r:XCEED ";-r-;t:. ~t"'t::c.~..J L...!';.i.,. i He. L..w;_:~~ j 1. wf\ OF THE F'I~~:J?C.~SE:: ;.:\ '''E;~:~=,E: ~.. I ;='f~~ ::~ ,::.--;- s AL..BAr'~S SAY .?~.~[;.< AND3T s AL::{Ar..jS ;-iE I GHT'; ~== WHICH rs ~,JCATED CLOSE TO A CUR';E COULD BE ~iERY DANGEROUS. THIS WOULD ~SPECIALLY BE THE CASE IN THE WI TIME .::,INCE '3"'"" >f AL3::.1NS E{~ .~. FI... E;L.::FES.DC~lJt\l~;.iAF:D IN THE THE '::'RE?: OF ThE F'~:.CF".J~;ED ~.~T~~~~Ci~; O~ i t~E C:;:=: A0~;i~E~~~~~F i:;E E~~'~~~;CL ~~ ~ T At~:i~~i~ i~!- ~~~g~~: !:; \:-,= :::: '--.'V ~;...l1:: -=,,:~:-,;:,:-,,==-: :::; '=,':, -: .,. ,= ....-....i . .' '., . " ','.. ' ....,. ... . . . '.'_': __''-'~.:...' ..'-'_'..~'",-'", c............... ~ = ....,'"!'" "-'.'. -,.-,"-i,- .::' i: ,...L....::'Hi.'i,::. ,...~~:~ i~l_~ ~!AVE A\ 20 DEGREE :NC~lNE ~\D WILL hAVE TO 2P~=~:Jf AND t1CST ~:;<~L.....t' NeT ETDP:::;T Tt!E :NTE:;:;~E;E[:TIC:N:; :3TDPING :~T THE SLOPED S~Ji PAC!~ED iNTERSECTION WOULD MAKE IT DIFFI:JLT ~Uh ~f Ir- : hi:. DRIVER TO PROCEED UP AND THROLGh ThE INTESSE:-!CNs .i. 24 ., . . THANK YOU FDF YOUF TIME AND FLEA::::: r=E~F=: T:-tE ~=:C:::jTH~AS; QUADPANT ~~ 2T: ALBANS BAY ROAD AND MANOR ROAD ZONED I ACRE. ~. I ~~~CEREL Y . ~~0/~13~ JIM AND TRUDY BURkHOLDER "'- -, . . Richard E. Gulstrand 20635 Manor Road Shorewood, MN 55331 (612) 474-6540 July 26, 1989 Brad Nielsen CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331 Dear Brad: I will not be able to attend the Planning Meeting on Aug. 1, and have not yet heard your Recommendation regarding the revised plan and rezoning request by Gene Erickson, therefore I wanted to express concerns. The newly submitted plan does not adequately address the problems inherent in their original plan which was tabled: 1] The new plan adds an "s" Curve to the steep slope 2] The grade at 8% is the Maximum for a DRIVEWAY, not a city street, which should be less than that. 3] The "landings" they have created are extremely short, and still are sloped. The entire round portion of the cul-de-sac is on an average slope of 4% to 5%. 4] The road still intersects ST. ALBANS BAY ROAD at the same dangerous point. 5] The new configuration of the road now causes set back problems with the existing garage at the. end of the cul-de-sac. 6] Given the proposed grade of the cul-de-sac and the slope of the lots, there will be problems with the grade of the individual driveways onto to this proposed cul-de~sac, which leads me to believe will lead us to future Variance Requests. 7] Rezoning is inappropriate given surrounding lot sizes and proximity to a city park andapro~lem intersection. 8] Given the builder/developers metbods of handling disputes with the DEPARTMENT OF NATURAL RESOURCES, and the CITY OF GREENWOOD, I have serious concerns about the reliability of anything they say which is not in writing, and even when it is in writing. In as much as nothing has significantly changed from their original plans I hope you will again recommend denial of their request. . . John E. Sayer 5 Channel Drive Greenwood, MN 55331 June 29, 1989 (U ~J ~~ r3iy ~r(f {\kTe-:~ Lf f!i~/~ ~ City of Greenwood 20225 Cottagewood Road Deephaven, MN 55331 Subject: Dan Plowman and Gene Erickson's proposed development of the SE quadrant of St. Albans Bay Road and Manor Road (Shorewood) and their intended use of a channel in Greenwood to gain "lake access" for all the homes in this proposed development. Thirty-two years ago, 1957, my father bought the home at 5 Channel Drive (then, Box 712 Manor Rd). We called this home "the house on the channel". I was eight years old when my twelve brothers and sisters and I moved into this home. In 1987 I bought the home from my folks. The surrounding area has changed dramatically in the past 32 years. Our driveway is now serving 6 homes--we even had to give it a name, Channel Drive. There are now 5 homes on the other side of the channel. And now we are faced with another change--a change so radical that the once serene channel could become a thoroughfare for a mini marina to provide lake access to up to 8 lots in Shorewood. These lots are located across Manor Road, opposite the channel. Perhaps some of you recall a Spring weekend or evening trip to the not so secret crappie hole at the end of the channel. My brothers and I would often get the boat to help you unhock your line from a submerged log. Of course we still stocked our tackle boxes with bobbers and other tackle from the less patient fishermen. And too, you may have seen us turtle hunting, or catching frogs, or occasionally catching a 20 pound snapping turtle (which we would sell at Roy's Live Bait for $1.001). You recall the sounds of the seemingly hundreds of redwing black birds, and seeing the white cranes, the owl', hawks, blue herons, ducks of all species, muskrats, geese, etc. D~~ anyone remember the floating island?--evidence of it remains today right in the middle of the channel. At one time, the other side of the channel was virtually all swamp, a great wildlife habitat. However, over a period of many years, the late Bill Mar filled in the portion of the swamp near the lake. Today there are 3 lakeside homes built on this filled-in swamp, obstructing our once beautiful view of the lake. Bill continued filling in the swamp but was stopped by the city sometime in the late sixties) I think. City of Greenwood June 29, 1989 Page 2 . . When we first moved into the house, there was a small dock, maybe 3' x 8' long. It was just big enough to tie up our 14' Tonka Craft (built at Minnetonka Boat Works in the late forties; the boat came with the house and today my children use it.) Nonetheless, the small rotting dock was replaced shortly after it collapsed under the weight of my father--a substantially heavy man in those days. Our dock today is the third dock-- built right over dock #2. I was a teenager when I painted dock #2 bright orange and yellow. A bit obnoxious, but we had no neighbors to complain in those days. There is approximately 20 feet between my dock and the other side of the channel. With a boat tied up at the dock, that leaves only about 15 feet of passageway for another boat. Unless the channel is widened by dredging the reeds and wildlife habitat, I don't think 15 feet is adequate. At one time the mouth of the channel was almost 40 feet wide and about 4 feet deep. Now there is a house on both sides of the mouth of the channel. I believe these homes have somehow affected the way the mouth of the channel has filled in with sand and silt over the years. Most recently the low water level has virtually closed off the mouth of the channel. In fact, last summer the channel was completely dry. Today, there is about one foot of water in the channel. Actually, the water level in the channel is a bit higher than the water level in the lake. My dad was aware of the mouth of the channel filling in, and applied for a dredging permit. With the help of Clifford Reep, the DNR awarded a permit to dredge in 1987. I bought the house in 1987 but found it to be cost prohibitive to dredge--instead, I thought I'd sue my dad for "misrepresentation". I no longer have lake access (city assessor, please note). I believe dredging the mouth of the channel would be beneficial for creating fish spawning habitat and to allow proper movement of the now stagnant water. Within a year after my wife and I and our five children moved into our new home, the lot between our house and the house on the lake (at the mouth of the channel) was sold to Gene Erickson and Dan Plowman. At that time my wife went to the City of Greenwood to check setback regulations and to find out what was considered "wet lands". We were sure a portion of that lot would be considered wet lands because it would be under water and a great habitat for ducks when the lake was at a normal level. Much to our surprise, no portion of the lot was considered wet lands and has since been built upon by Mr. Erickson. Even now, if the lake were at its normal level, I think the area in question would be under water. They are going to have to bring in more fill. I'm sure the displaced ducks are safe and sound in their new home--somewhere. With this new home under construction, Mr. Plowman tried to get all the neighbors to join together and share the cost of dredging the channel--there would then be lake access to the new home. Up to this point, I had the only house on the channel. The neighbors I referred to live on Channel Drive, but not on the channel itself. I believe Mr. Plowman also approached some neighbors that don't even live on Channel Drive. I told Mr. Plowman at that time I was not interested. I could just envision a big dock in front of the new home with .. . . City of Greenwood June 29, 1989 Page 3 a hugh canopy that would obstruct what little view I have left of the lake. Not to mention the continuing demise of a once serene channel. Well, it appears Mr. Plowman and Mr. Erickson have tried to find another way to amoritize the cost of dredging the channel, and to find a way to maximize their financial gain--if they can use the channel as a means to harbor up to 8 boats in the swamp at the back end of the channel. They have purchased the property at 5200, 5240, and 5260 St. Albans Bay Road. Again, this property is located on Manor Road opposite from the channel. Even though a preliminary plat has not yet been approved by the City of Shorewood, Mr. Plowman addressed a letter to all those living in the area to more or less tell us "what's happening in your neighborhood". He told my wife (when he delivered the letter) that our share of. dredging the channel would be around $3,000. In conversation Mr. Plowman told my wife how concerned he was for the wildlife environment and how he intended to keep everything as "natural" as possible. My wife directly confronted him regarding their intent in dredging the entire length of the channel. He then admitted their intention to build docks that would provide lake access to all homes in their new development in Shorewood. I understand the DNR has issued a permit to dredge the entire length of the channel. Is this true? Was there a public hearing? Or isn't a public hearing required by the DNR? Is the DNR aware of the value the channel offers for a fish spawning area? And is the DNR aware that the sole purpose for seeking the dredging permit was to create a mini marina? How about the affect the channel has on drainage from Carmichaels Auto Dump (Reclaimation center?)? Would it be better for the lake as a whole if the marsh at the back end of the channel was dredged out? I really don't know, but I don't think it would. Finally, isn't the DNR concerned with the demise of wildlife habitat around the lake? It's almost ironic that I support Ducks Unlimited while I sit back and watch my neighbors and tax supported government agencies literally wipe out natural duck habitat in my back yard! I just discovered there are 2 very large docks, each capable of mooring 4-6 large boats, installed at the back end of the channel. Apparently these docks were installed at night by Mr. Erickson and Mr. Plowman. (No one in my family, and none of the neighbors I talked to, ever heard or saw them install the docks--we only saw their cars parked at the end of our driveway.) I called LMCD, I called the cities of Greenwood and Shorewood. No permit was issued for these docks. I now really question the integrity of those that would take it upon themselves to act without regard to city codes and ordinances, without regard to the concerns of the neighbors, and without regard to other authorities, specifically LMCD. I am hopeful that this type of behavior will not be tolerated by any city planning commission or by any city council. Further, I hope this will be dealt with quickly by all cities concerned, by the LMCD, and by the DNR. City of Greenwood June 29, 1989 Page 4 . . Incidentally, Manor Road is a very dangerous road. It is very steep and has a "5" curve starting at the top of Manor Road and St. Albans Bay Road, and ends at the bottom of the hill. Due to the steep grade, cars accelerate rapidly and one must break relatively hard to maintain the 35 MPH speed limit. Can you imagine having a pedestrian crossing in the middle of this road? The next time you drive passed this area, imagine that you are momentarily distracted by, say, a group of people walking on a dock. This area is not only a hazard for pedestrians, it would be extremely hazardous for drivers if they were ever distracted--this is not a road on which you would want to be distracted! Also, these docks would be a long way from the homes in the development. I suspect more often than not the people would want to transport their skies, batteries, coolers, etc., by car. Now we have a car(s) temporarily parked on one side of Manor Road while they unload their car. A very dangerous proposition I believe. As a life long resident of Lake Minnetonka I have one other concern: what would happen to our lake if we allowed developers to have a small lake access area to service entire off-shore developments? Wouldn't this clear the way for someone to buy a lake lot and the adjacent non-lake property, develop it, and resell it as "lake access" lots? Surely a lake access lot enhances a lot value by $15,000-$20,000. Developers know this and would take full advantage-- as we have already seen. I don't think we want to encourage this type of development. Respectfully, John E. Sayer JES/lm " < , . . 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 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 11 AUGUST 1989 RE: THULIN, PAUL - APPEALING R.O.W. AND ZONING VIOLATIONS FILE NO.: 405 (89.30) In June our office received a complaint regarding a boat being stored near the street at 26390 Noble Road (see Site Location map - Exhibit A, attached). Upon investigation it was found that a boat was being stored within 12 feet of the street, in violation of Section 1201.03 Subd. 3.c. (7) of the Shorewood City Code (see Exhibit B, attached). It was also discovered that the owner, Mr. Paul Thulin, had erected a fence, without a permit, within the boulevard portion of the street right-of-way. The fence, which is within two feet of the paved surface of the street violates Section 901.02 Subd. 2.a. (Exhibit C) and also Section 1201.03 Subd. 2.f. (Exhibit D) of the City Code. The applicant explains why he wants to keep the fence in the r.o.w. in a letter, dated 27 June 1989 (Exhibit E). He also explains why he wishes to keep his boat in its current location in a separate letter, also dated 27 June 1989 (Exhibit F). Having discussed this matter with the City Administrator, the City Attorney, the Public Works Director and the City Engineer, we all agree that the applicant's use of the right-of-way it not what Section 901.02 intended and that it poses a potential safety hazard. It is therefore strongly recommended that the fence and boat be removed from the right-of-way immediately. The staff also recognizes that Mr. Thulin's complaints regarding the current use of the undeveloped extension of Noble Road are valid. Consequently it is suggested that the City erect a physical barrier (e.g. a series of stout wooden posts) to prevent vehicular traffic from going west of the existing cul-de-sac. Since we are concerned about the adjoining property owner's access to his property, it is recommended that he be-given notice of this plan and be given the opportunity to erect a gate on his property which would maintain his access but preclude unauthorized use of his property and the City r.o.w. A Residential Community on Lake Minnetonka's South Shore /Q i . . Re: Thulin, Paul R.O.W. and Zoning violations 11 August 1989 Regarding the boat, if the applicant can not locate it within the buildable area of his lot or in his driveway as presecribed by the Zoning Ordinance, he should be directed to apply for a variance no later than 5 September. He should meet with me prior to that date to discuss application requirements. If you have any questions relative to this matter, please do not hesitate to contact my office prior to Monday's meeting. BJN;ph cc: Larry Whittaker Glenn Froberg Jim Norton Paul Thulin - 2 - o Co> .... ~~ .@ Q: ~~ , "-.. ~ ~ '~ . ~ ~ ~ ~ .......- ~ o '~ -- 0 .. ~ .('<1" ~_IO ..::JI ,; "/ '" > , ... '" '<\ .,' ~ '-" :;1/ - ... 'V . '-" '., ~. . o .... 50 a. -=- . .. ,', .....'\ ~. t.~ , ... , ~ ~ ~-o ...~r:-co ""''''b :. .. .:!..- ~ ... o -I ~ :e ~ Uoz ---. ~ <:> < . , I ..,~ ; ~",~ ., SZ "HZ ~",l t:1S"/ -'J: '" j:~ ~'--" -:s 1 . ~ ;. , """"' ' '" !,Jt ;s :"! " -:S' ,p ", o'l' 9"l~' '""., ... "' . ... '" HJIlOt : rr> Mil' ov " . t '" '- ,.. ... ci =0.. ~\ g ~ ~ ' 0: ~; .,:".... 0 ~ ~ ~ = ~ ~: J- a:o ~:::~ CI)'~C .... ~ CL......... zrHz ~l~OH I"; (\j CJ:'~ ('.:':- .. " ''', ;~ .~ t ~ \ " fl'\ () LLJ U'.: 0:" '~' ~1j,-,~;: 1 b " {~ ~" "'~ j ~..,l,O i ~ '10 ....-.. .lj . C Q ~ '~.ct" ~, 2 la, I' . I o o ~ ';i.::=..- ol\ "r!. 0 l(l ~ '" ~ ~ ~ ,(~08~). "'~ ~~ ..... ~OO '00 'I) " or r' ." <<' ...., " on .. ~I -,~ ~~ <- l(l N ,.. ." :.:'.... <Xir:t 'Xl -t (. ~:! T ( ~.fy'6f.ON R.Zv <0 > <" o " ;, <x> ~ 0- If).. U.. ,~ .. If' .. r- '. , '> '" llir - ,"-I .... .N ,. ~~~ ~N~ 'I) ..J '" d ... "'--, ~, .. ~l' '! ~ ~ :.J..Lf.IO.ON ZO ''}', 05' : '$~ y" '$ O~ ~. W" (!) o 51"' . 'Z ~ ! rQ ~ .::.- -;:- ~ ~ '-' '6 J/'2 tl Exhibi t A SITE LOCATION Thulin - R.O.W. and Zoning Violations ~ g,.. "'L[I- ~ o WI I- '6 9 'S v8 10- snB9 t'tll U' ., .' N N .... 0- .... ......... ,...... ';:l. ....., ," "'Hiv r<l .,,(-) I- o -I l. \ ,.-;: ~ "' I -;. - --r- - --~ i ,,~ (7) For residential districts, one recreational vehicle or piece of equipment may be stored in required front yards; provided, that it is located within an aDo roved drivew~, it does not take up required park- mg space as provided in subdivision 5h of this Section, it is currently licens- .ed and operable, arid it is located no closer than fifteen feet (15') from the paved surface of the street. This provision shall onlyapplv when there IS no practical way to store the vehicle or e ui ment withm the buildable area 0 t e ot. j~ . . 1201.03 1201.03 d. \Vhere adjacent residential structures within the same block have front yard setbacks different from those required, the front yard minimum set- back shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the required front yard setback exceed that required minimum established within the districts of this Ordinance. Subd. 4. General Area and Building Size Regulations: a. Purpose: This Section identifies general area and building size re- quirements and exceptions to general height requirements in each zoning district. b. Useable Open Space: Each multiple-family dwelling site shall contain at least five hundred (500) square feet of useable open space as defined in Section 1201.02 of this Ordinance for each dwelling unit contained thereon. c. Height: (1) The building height limits established herein for districts shall not apply to the following: (a) Belfries. (b) Chimneys or flues. (c) Church spires. (d) Cooling towers, mechanical and air conditioning equipment when screened from view. (e) Cupolas and domes which do not contain useable space. (f) Elevator penthouses. (g) Flagpoles. (h) Monuments. (i) Parapet walls extending not more than three feet (3') above the limiting height of the building. Exhibit B SECTION 1201.03 SUBD. 3.c. (7) Shorewood Zoning Ordinance - storage of recreational vehicles and equipment c. Odd numQers shall be on the south and east sides of r numbers shall be on the north and west sides of the stre be one hundred (100) numbers to each block, as assign three hundred thirty feet (330') for east-west numbers; a (100) numbers to each block as assigned on a grid of si Exhibi t C SECTION 901.02 SUBD. 2 R.O.W. Encroachment right of such utility franchise to open, layout or excavate in or upon public streets withae City without first complying with eermit requirements set forth h . (Ord. 115, 12-17-79) 901.02: ENCROACHMENTS: Subd. 2. Permit to Encroach: a. Permit Required: The right to use publicly-owned rights-of-way within the City for any private use or purpose other than the primary purpose of public travel, whether such use constitutes a substantial or incidental use, may be acquired ~nly through permit granted pursuant to this Section. b. Application for Permit: Any person may apply to the City Council for a permit to keep or maintain private property within a publicly-owned right-of-way. The application shall be in writing and must describe with specificity the private property and right-of-way involved and the nature and extent of the requested encroachment. d. Revocation of Permit: "The City reserves the right to revoke any per- mit granted under this Section as may be required by the public interest. (Ord. 121, 5-28-80) Subd. 3. Unlawful Encroachments: Any privately-owned property located within or encroaching upon public-owned rights-of-way which has not been authorized in accordance with this Section shall be unlawful and be sub- ject to removal by the City at the owner's expense. (Ord. 121, 5-28-80; amd. 1987 Code) 901.03: HOUSE NUMBERING: Subd. 1. Numbering System: To assist in providing immediate access to all lots, buildings and structures in the City, the same shall be numbered in ac- cordance with the following plan: a. North-south numbers shall commence at the south border of the City and north-south streets shall begin at the number 4600 and run to 6200. b. East-west numbers shall commence at the east border of the City and east-west streets shall begin at the number 19200 and run to 28400. 1201.03 . . 1201.03 (6) No accessory uses or equipment such as air conditioning cool- ing structures or condensors which generate noise may be located in a required side yard except for side yards abutting streets where equipment is fully screened from view. e. Drainage Plans: In the case of all multiple-family and nonresidential developments, detailed grading and drainage plans shall be submitted to the City Engineer for his review and the final drainage plan shall be sub- ject to his written approval. In the case of single-family lots where no drainage plan has been approv- ed by the City, the Building Official shall determine the need for a drainage plan. In any case where the first floor of the structure is lower than the elevation of the street or where the lowest level of the structure is below the elevation of the sanitary sewer, detailed grading and drainage plans shall be submitted to the City Engineer for his review and approval. f. Fences - General Requirements: (1) Permit Reauired: No person, firm or corporation shall con- struct or erect any fence without first securing a building permit. (2) Locations: All fences shall be located entirel u on the ro ert of the fence owner unless the owner 0 t e adjoining property agrees, in wrItmg, that such fence may be erected on the property line of the respec- tive properties. No boundary line fence shall be erected closer than three feet (3') to an existing parallel boundary line fence. (3) Surveys: The Building Official may require an applicant for a fence permit to establish his true boundary line by a survey thereof to be made by a registered land surveyor. (4) Construction and Maintenance: Every fence shall be constructed in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in such condition as to not become a hazard, eyesore or public or private nuisance. All fences shall be so constructed that the finished side faces away from the fence owner's lot. Any fence which en- dangers the public safety, health or welfare shall be considered a public nuisance and abatement proceedings may be instituted by the proper City official if within fifteen (15) days after notification the owner of such fence has not undertaken the necessary repairs to himself abate the nuisance. Link fences, where permitted, shall be constructed in such a manner that no barbed ends shall be at the top. (5) Nonconforming Fences: All fences existing on the date of the adoption of this Ordinance, but not conforming herewith, except as to height restrictions, shall conform and be subject to the terms of this Or- dinance. Fences which are erected to replace or partially replace existing fences shall be subject to all of the terms of this Ordinance as to the por- tion of the fence which is replaced. Exhibit D SECTION 1201.03 SUBD. 2.F. Zoning Ordinance - fences . . @ Bell Atlantic- TriCon LEASING CORPORI\TION 5001 WeSll!Olh Street, Suite 665 Bloomington, Mimesota 55437 (6121831-0634 Fax: (6121831-8168 June 27, 1989 Mr. Brad Neilson City Council of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mr. Neilson; Pursuant to the recent inspection of the split rail fence located on 26390 Noble Road, I am writing both the City Council of Shorewood and yourself this letter of initial appeal. During October of 1988, after al.rrost eight rrPnths of construction, my family and I rroved into our newhorre in Shorewood. During the early part of November the outside of the house was landscaped and sodded, right after that is when our problems began. After a very short tirre it bacarre apparant that Noble Road, the cul-de-sac and the adjoining fields were considered a party and four wheeling area by area teenagers. During the evening hours on ~k.ends, a steady stream of cars -would race down our quiet cul-de...sac and either end up drinking at the end of the road or continue into the field areas. Serre of these vehicles would be traveling as fast as 60 rrph and invariably squeel their tires upon exiting the cul-de-sac area, causing many sleepless nights. During late November, after having freshly sodded the yard, a four wheel drive truck proceeded through my yard and Craig Wallen I s property, causing damage of $300.00 to my sod and landscaping. The police were alerted, but could not do anything without a license plate number. A few weeks after that incident, I was alrrost run down in front of my house by a car full of kids when I was walking my dog; police again were alerted, sarre problem. This spring after the snow rrelted I had two other instances where my yard was driven on as close to the house as my sidewalk, with yard damage that exceeded $500.00 in total. Last Friday night, June 23rd, at 1:00 A.M., the problem crescendoed, this tirre involving assault, as set forth in the attached reports. Due to the events over the last 10 months, I elected this spring to have a fence installed to protect my family and property. This Exhibi t E APPLICANT'S APPEAL LETTER. - FENCE Dated 27 June 1989 . . decision was not rrade although without talking to Shorewood City officials about the problem and asking that the field access off the cul-de-sac be blocked off to stop the partiers. Also over the last 10 rronths I have had numerous discussions with South Lake Police DepartIrent and they have indicated that they are aware of the continuing problem but do not have the rranpower to deal with it effectively. One of the officers even told Ire this spring that I should possibly put up a fence, which originally gave Ire the idea. In surmary I request the fence be left where it is and the City of Shorewood develop a plan to correct the Noble Road problem. A petition of the Noble Road residents is being drafted to help assert my claims. I also request that the council provide Ire with adequate notice of my appeal, so that a representative of my law finn be present. It is t:ruly unfortunate that a horreowner trying to protect his property has to go through a costly justification process such as this will end up, appealing an ordinance that does nothing but se:rve to endanger my property and, from the events of last weekend, possibly prorrote injury. The real question is not the ordinance but the mission of the law rrak.ers if my appeal is rejected. ~. . ;. ~ Paul Thulin -' cc: Fredrickson Byron law Finn Mr. larry Hause pictures enclosed ~....~ . . SLM 18.04 SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT FIRST PERSON STATEMENT Page \ of ~ -- ~ame P8~\ A \\~~ -rnu..L;?J rfirst,middle, last Address db 31D f\)o~' e.. RoPt d. Emp 1 oyer j?)(~. \ \ A\ L" NT\ C- Business Phone <831- Ob3Lf Dateb-Jq-8<rTime J~e() Age 4() DOB3-JI-49 ShaY< el.-Ua::d I CV\ \...). 5" 5".3 .3 J . Marital Status fYY1\RR\~ d Address 500\ \UQsT ~~ 5+. B\OOM\~~W Home Phone L(7l{- /9b4 STATEMENT OF EVENTS We.. h'Acl. ju~T re+\~ed LVh~~ \..Ue.- "-e~~c\c.-F\R.'S c::::; pe cad, l'.l ~\ J. ('LA '\ l\.\ ~ e r ~ J. --\-n\.D~~ $ . +n eu.\ de Sac... ~'f"e€- c..."f-'\R~ IN ~l. d,cue.. dnU-.":l~ ~ ThE'_ ef\Jd. 'Tt.Uo CP. e.. <; SA..A....ed 0. 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", .;". ,,' "j~/ ;.~.' ./}.<. .. ;- . / t',~~...^-_ .' -,-( J -1./ /it, r, " /' -",,!, ~ .c )J;/ / -.,1 ../ / t,.. .. :;! ,'.: '-.-- /. , /~(/i ,';' /,.' :~ ,)/,- ~ ,!.....;:(j ,,' ,', ;.i7/ v) .............. Ci..(~) /t":'- i . _t:", ....... Witness . correct to the best of my knOwledge. t ,. j - -', -y. ". .:~';.'~;--"'-,..'1 J /: ; .'-'"'1 ,;.(j" ,,(. .,1 -,.' ./'..... i:;.,..t(....,.,.[....,. <."..-.;~.-/ /. f: ....!\.;..:. :"~.I' ".t...._. om cer j7f1~~~ vJ. ~ (",T Badge No: /2- E/at The above voluntary statement is true and Witness . . SLM 18.05 //""j / / \Y' '--;-T 17, Statemen~: of (' f+-t.1-. '- N. i V1......;...~...t____._ ......., Page_~f Z L~1A.) ~ e. Sc...,~. I .. crNe~ ~~ Iv...) \ rJd ow · ~fJd KQ_~~d. nl ~?~ CP,0__ c\coR.__ S\~'^". ~-L LCe\'-.l..t- .cuef ~~-e ~_ue:s \ i l. "\, i\..sio t-U !'J.. N. A CL ~.~. 'fY\ , ~\J... -k.s. \ CL,ke Sf\ "^,J +w 0 \\,d S OK' ""('()orf' ?') CDm \\NC aJoJ..jq tk ~ 5/ de, > 6> f. ~ <?- ~Du.5e, T f 0. \f\ -' c:~n u.:;, r-J ~~ ~ ~ ~; A e--~ 00--'+ n,- E. cf DC R- -P\~ 6 ~ k \ ds \...{..)(('I( ~ ( ~ v'Y\A-t +-('~~-\ ~ AR-d. T r . \ 0 0... 'S:::=:. \.,\. 'fY\€.. J ~ f -+.:.. e z- ~ Dc)'~:~: \ + I '0 AJ 0-"-.) d 'SA \ d S~-P - ~.. \ \ \ ':..1...<" ,p A N ~ Q i') +'/VLU . ..J lOCcc. keA ~ ~ -i're... ~. \ N~ ! \'- if ('c'-~ I ~ fo..'~ C, \ (f"L. \ '2J.J S li\\0 d. oJ ~"'I\\dd.\~ D~~-e.. rOAd.*p c.~Q CAvv1e C_\).\ 6e. SAc ANd S+o:ooed ~\+ V\^...Ap CA~.T ! i \ '-\\",J2- 6 {' \ v l? ( A I\..) d o.~ bee" d ~ \ 'N\.-' ~ S ~ LA. v--..:l4<L f ~'-~ I Co \ c..p C.fAv'l\ I~ _.. ~. 0 ~-"- N r-::, (~ "f+;.. p C -A r(L . (\.~ G d ftJ U C C:-tJ ! -.J f I I \ \ I r . /"'., r r Or.,) ;r''-€ ;\)e..;,...,J CO!\\~"-l"t..,C'}\O^\ .n--r-. I fol\.-eCdE:(i , , i . J_ , ...,...,......- r I I -t-ft ~ V'..r., \"'"D Ct 00) t'--.f\ .:.-0 .I"-?-..'l e.- '_1 q 0\ C. (1<) f'J. e YUC:>L.L9 k _1.......... \ ....I J TV q e...- + f-k e.... D \CL k l\..) LL Y'V\J.o e. (' \ v~~tf\~:1-~:;+~~we ~r"-- ..o~~ ~ ~ J.l';~ .. .~..1L<~.r~ u ~ fVL1'r::f ho-~ J~-'A'\...J:Fu.~ ~. l LJ~ '~..e. t~ CI ...[A~ fh~ve ~t~p~t and it is a true statement to the best of my knowledge and has been made without any threats or promises on the part of the policeofficer(s). This statement taken at f-co I{Yl l-f,,!~ +CL I ked -+c: ~.~...l__ Signature I ha ve th is date \ I ! /)~?I /, I / /"'r I ri-''''/I ,(',_ . Wi tness I '\. : received a copy of this page statement. r 1/ / " ~(l''1r 1/t1~ /' Signature Witness ~..'5 APPLICATI.FOR . PEnMIT '1'0 KEEP OR MA.AIN PRIVATE PROPERTY WITHIN A PUBLICLY OWNED HIGHT-OF-WAY PUHSUAN'l' '1'0 SHOREWOOD ORDINAHCE NO. 121 Please type or print legibly 1. APPLICANT INFORMATION Please give the name(s) of all persons who own the private property to be maintained in right-of-way. NAME ( S) P~u..L A. ~\A.L: t-J ADDRESSES J~"3 CJo f\Jo b\e.. Ro ~cl S~t:l r\e LA.:) ood YV\ 1 t..l t\Jeso+t=t 55'33 J TELEPHONE ..!:rll.\- \ <rlel( OA=lcE: 'i!31-Cb34 2. RIGHT-OF-WAY Please name the highway, road, street, alley or other right-of-way upon which you are requesting to maintain private property. No\o\ e. RoAd. 3. Please describe as carefully as possible the exact location or address on the right-of-way where the private property is to be maintained, as well as the nature, extent and purpose of the requested encroachment on the right-of-way. (Attach a photograph or sketch if possible). <5 0 ~ (1JJ.nc l-ul In consideration of approval of this permi.t, I h(~reby knowingly and voluntarily waive any right to recover from the City of 3horew9<?d for damage occurring to property in the right-of-way as above descr1bed, which damagE' results ;from the performa!\l,:::~ by the City of Shorewood or its agents (of any public duti(;:3 Y'lnuir'edcy law) pr.:.~,c::\~A ~~ pli!.p-.YY\.\'T \ ~ ~ ~f\("c~-=,d..~ - D1t~b" JS" <dCf ~Q~~.- Applicant signature(s) Permit ( ) Approved ( ) Not Approved f.c. t 0 ~-'~ . . @ Bell Atlantic.. TriCon LEASING CORPORATION 5001 west 80th Street, Suite 665 Bloomington, Minnesota 55437 (612) 831-0634 Fax: (612) 831-8166 June 27, 1989 Mr. Brad ~ilson City Council of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mr. ~ilson: Pursuant to the recent inspection of my boat located on my property, 26390 NJble Road, I am writing both the City Council of Shorewood and yourself this letter of appeal. My boat is 32 feet long and weighs alrrost three tons. When rroving the boat from its slip last fall, it was found that because of the marshy soil in the back part of my lot along with at tirres standing water, the pad that the boat rests upon had to be situated towards the front of my lot. Upon delivery of the boat last fall, the marina's vehicle sunk down _over its axels when trying to push the boat back any further than where it is presently situated. I can assure you I would like the boat further back also, but it is impossible. In addition, the marina indicated that given the boat's weight, if the soil is unstable, there is a definite possibility of the boat tipping over. Per the enclosed pictures, you can see that the boat is blocked on partial railroad ties. If these ties are not on stable ground they could shift causing severe damage to my $150,000.00 plus investment. I currently have a significant insurance policy on the boat for liability which would cover any potential risk if that is your concern. I am also considering purchasing the lot next to me. Please inform me of your appeal hearing far enough in advance as I wish to have my attorney present. cA;1) ~ --- Paul Thulin cc: FredriCkson Byron Law Firm Mr. Larry Hause pictures enclosed Exhibit F APPLICANT'S APPEAL LETTER -.BOAT Dated 27 June 1989 , , -, . AUG I I . ! .....,,-'..... :""..\....;.~, CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 (612) 472-1155 TO: ALL FIRE CONTRACT\CITIES FROM: ED SHUKLE, CITY MANAGER t5 AUGUST 10, 1989 . DATE: RE: 1990 FIRE CONTRACT BUDGET PROPOSAL Enclosed is the 1990 Fire Contract Budget Proposal. It follows the same format and approach as used since 1982 with the exception that we are now using market value instead of assessed value due to recent legislative changes. For your information, the total of $45,497,500 or 7%. up in 1987 for all of the call hours or 10%. total market value has increased a The fire and rescue call hours were cities and were down in 1988 by 935 capital outlay reflects the following purchases: 1. Fire gear (coats, helmets and spanner belts) . 2. Computer overlay projector. In addition, we have included $20,000 in the Equipment Reserve account toward the purchase of a heavy rescue vehicle scheduled for purchase in 1991. 1990 will be the third year of the equipment reserve account. Retaining an annual increase of 10% for the Firemen's Relief Association Fund is also in the 1990 Budget. Current Fire Relief Association By-Laws call for pension benefits of $350 per month. Included within the Chief's salary and Officer's Pay line items is a part-time secretary who will work approximately 24 hours per week performing secretarial duties for the department. The Fire Department is very proud of the quality of their equipment and the service they provide. The City of Mound is proud of having such a dedicated group of individuals who volunteer their time for the safety of all of our citizens in the fire service area. 1 An equal opportunity Employer that does not discriminate on the basis of race. color, national origin. or handicapped status in the admission or access to. or treatment or employment in. its programs and activities. II . . Also enclosed is a copy of the changes made in the actual contract we have with your city and a clean copy for you to fill in, sign and return. Please review -this information and the proposed budget and contact Don Bryce, Fire Chief or myself if you have questions. EJS:fc . 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A - YJUU{ET VALUE 1989 1989 1988 1988 VALUE PERCENTAGE VALUE PERCENTAGE MINNETONKA BEACH 62361800 8.87% 55605800 8.46% MINNETRISTA 73084500 10.40% 64340600 9.79% ORONO 166899200 23.75% 1.54829000 23.55% SHOREWOOD 1.2704500 1.81% 1191.2000 1. 81% SPRING PARI< 65925800 9.38% 6406330-0 9.75% MOUND 321904400 45.80% 306632000 46.64% -------- -------- -------- -------- 702880200 1.00.00% 657382700 100.00% * The total Mutual Aid hours in 1988 was 295 (up 117 from 1987). Each city was allocated 49 hours for Mutual Aid calls. C - COMBINATION. OF MARRET VALUE AND FIRE CALL HOURS MARKET 3 YEAR VALUE AVERAGE FINAL < PERCENTAGE FIRE CALIS PERCENTAGE MINNETONKA BEACH 8.87% 5.49% 7.18% MINNETRISTA 10.40% 10.17% 10.29% ORONO 23.74% 11.21% 17.48% SHoREt-moD 1.81% 1.85% 1. 83% SPRING PARK 9.38% 14.14% 11.76% MOUND 45.80% 57.14% .51. 47% . -------- ----- - ---- 100.0'0% 100.00% 100.00% . . 1990 BUDGET RECAP OPERATING COSTS CAPITAL OUTLAY (EQUIPMENT RESERVE) FIREMAN'S RELIEF PENSION TOTAL 1990 FIRE COSTS 1990 COST BREAKDOWN FOR EACH CONTRACTING CITY MINNETONKA BEACH MINNETRISTA ORONO SHOREWOOD SPRING PARK MOUND TOTAL 298598 298598 298598 298598 298598 298598 x X X X X X 7.18% 10.29% 17.48% 1.83% 11.76% 51. 47% 100.00% 1989 CAPITAL OUTLAY FIRE EQUIPMENT RESERVE * This is the third year of the equipment reserve We are setting aside this money for the purchase rescue vehicle (scheduled for purchase in 1991). reserve will allow us to issue either no debt or . to acquire the fire vehicle in the future. 214290 20000 * 64308 298598 ----- ----- 21438 30711 52185 (5462J "~ 153683 298598 ====== 20000 * ----- ----- fund. of a heavy This less debt .. , . . . ~990 BUDGET BREAKDOWN ---------------- RELIEF FIRE DEFT ASSN TRUCK 1990 1989 BUDGET * CONT PAYMENTS COST COST ------ ------ -------- ------ ------ MINNETONKA BEACH ~6821 4617 0 21438 20642 MINNETRISTA 24097 6614 0 30711 31089 ORONO 40946 1~239 0 521.85 53425 SHOREWOOD 4285 ~176 0 5462 .5509 SPRING PARK 27556 7564 0 351.20 39552 MOUND 120585 33098 0 153683 160209 ------ ------ ------ ------ ------ 234290 64308 0 298598 310425 --- ---- ---- --- ---- --- --- ----- * INCLUDES EQUIPMENT RESERVE AREA FIRE SERVICE FUND BALANCE BALANCE JANUARY 1, 1989 1989 REVENUES ':;.., 126566 229230 ESTIMATED 1989 EXPENDITURES -209230 ESTIMATED 1989 FUND BALANCE 146566 ADD 1990 REVENUE 234290 LESS 1990 EXPENDITURES -214290 PROJECTED BALANCE DECEMBER 31, 1990 166566 --- ----- O~t"O SHO~,yoOO SPRU..c F'A~K UOU"O . . AREA FIRE SERVICE FUND RECAP OF COSTS BY CITY 1990 1989 1988 1987 MINNETONKA BEACH 21438 20642 22036 20087 MINNETRISTA 30711 31089 30063 29123 ORONO 52185 53425 49647 53415 SHOREWOOD 5462 5509 4051 3653 " SPRING PARK 35120 39552 35684 35685 MOUND 153683 160209 157508 156508 ------ ------ ---....- ------ 298599 310426 298989 298471 --- - --- AREA FIRE SERVICE 1990 COSTS 1CD 1fO 140 13:) 1:20 110 100 .... ~ 90 2 eo := 0 ,',70, .&. t. s). f1) AO 3:) :20 10 0 MTYJl.. SElJ::H M~lsrA . FIRE DEPARne. . 4170 --------------- 1987 1988 1989 1990 CODE ACTUAL ACTUAL . APPROVED PROPOSED ------ -------- -------- -------- 1370 CHIEF'S SALARY & OFF~CER~S PAY 12450 12225 14900 26250 1380 DRILL PAY 7486 7327 8000 8000 1390 MONTHLY SALARIES 57723 51683 60000 50000 2100 OFFICE SUPPLIES 0 0 100 200 2140 COPY MACHINE & FEES 110 154 300 350 2200. OPERATING SUPPLIES 9224 11322 9500 12000 2210 MOTOR FUELS 1655 1622 1700 2200 2230 CLEANING SUPPLIES 4 345 200 350 2270 SAFETY SUPPLIES 1496 2395 1500. 1500 2280 FIRE PREVENTION (FIRE INSPECTOR) 1046 413 1100 1100 .. 3140' MEDICAL SERVICES 530 129 500 500 . 3190 GENERAL MAINTENANCE "12000 11599 - 1200.0 14000 . . 3200 PAGERS - FIRE DEPT. 1854 620 6000 6000 . ",-oj: 3210 POSTAGE 73 73 100 150 3220 TELEPHONE 770 1357 1000 2000 3500 PRINTING 219 212 250 250 3600 WORKER'S COMPo INS. 6772 14361 12300 12000 3610 GEN. LIABILITY INS. 11014 11124 13500 14000 3710 ELECTRICITY 1996 2606 2300 3000 3720 'GAS SERVICE 2936 3981 5500 5500 3750 GARBAGE 426 390 380 540 3820 OTHER EQUIP. REPAIR 16557 6828 20000 15000 3830 BUILDING REPAIR 3352 342 3000 3000 3900 RADIO RENTALS. 3276 3270 3500 3500 3950 CENTRAL EQUIP. REPAIR 70 171 200 400 . t' DEPAR4 . FIRE 4170 --------------- 1987 1988 1989 1990 CODE ,- ACTUAL ACTUAL APPROVED PROPOSED ------ -------- -------- -------- 4100 MISCELLANEOUS 174 297 500 500 4110 CONFERENCES & SCHOOLS 9846 10798 10000 12000 4130 DUES & SUBSCRIPTIONS 2006 1877 2000 2000 5000 CAPITAL OUTLAY 39915 18701 18900 18000 5150 EQUIPMENT RESERVE 0 0 20000 20000 ------- ------- ------- ------- TOTAL 204980 176222 229230 234290 ---- --- ---- ------ ---- ------ f.:. . . CONTRACT WITH REVISIONS AND CORRECTIONS JOINT COOPERATIVEAGREEHEN'r AND CONTRACT FOR FIRE SERVICE 1 THIS AGREEMENT, made and entered into this day of 2 19 _, by and between the City 'of Mound, a 3 municipal corporation of the county of Hennepin and state of 4 Minnesota, party of the first part, and the City of 5 ,a municipal corporation of the County of 6 Hennepin and state of Minnesota, party of the second part, 7 WITNESSETH: 8 That, WHEREAS, the City of is 9 desirous of having fire protection service, includina but 10 not limited to fire. rescue. emeraencv. and mutual aid 11 service. furnished by the City of Mound Fire Department, and 12 WHEREAS, the City of Mound has the facilities and 13 equipment and is willing and able to provide fire protection 14 serV~c~ including but not limited to fire. rescue. 15 emeraencv. and mutual aid service. to the City of 16 , and 17 WHEREAS, the City of Mound has prepared for the City 18 of an annual financial budget 19 covering truck bonded indebtedness, fire equipment capital 20 outlays, annual operating costs and Fireman's Relief 21 Association. 22 NOW, THEREFORE, in consideration of the premises and 23 the mutual covenants of the parties hereto, it is agreed as 24 follows: 25 1) Definition of terms. For the purpose of 26 this Agreement, the terms in this section shall have the 27. following meanings given to them. 28 A. "Contract year" means a 12 month period during 29 which fire protection services are to be rendered or were 30 rendered to the city of by the City of 1 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 '53 54 55 56. 57 58 59 60 61 62 63 64 . . Mound. The contract year shall commence on January 1 and terminate on the next December 31. B. "Contracting cities" means any city which is a party to this contract or a similar contract which by its terms is interrelated with this contract for the purposes of determining total cost for the contracting cities a~e of Minnetonka Beach, Minnetrista, Orono, Shorewood, Spring Park and Mound. C. "city of Mound Fire Budget" shall include all preliminary estimated and actual costs of operating the Fire Department of the City of Mound for a given contract year, including but not limited to: Chief's Salary & Officer's Pay Fire Drill Pay Salaries Office Supplies Copy Machine Operating Supplies, General Motor Fuels Cleaning Supplies Safety Supplies Fire Prevention Service Professional Services Audit and Financial Services General Maintenance Communications (Radio Replacement) Postage Telephone Printing Insurance Electricity Gas Service Other Equipment Repair Building Repair 2 65 66 67 68 69 68 70 71 72 73 74 75 76 77 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97. 98 99 . . 'Rental of Equipment Miscellaneous Conferences & Schools Dues & Subscriptions Other Contractual Obligations Capital Outlays Shop & Store Transfer Fireman's Relief Association Payments D. "Fire Service Area" of each contracting city shall be that area within the City shown on Exhibit A attached hereto. 2) Area Protected. In accordance with the other terms and provisions hereof, the City of Mound shall provide fire protection service includinq but not limited to fire. rescue. emerqencv and mutual aid service for the City of in the area legally described on Exhibit A (attached), or as shown on the Fire Service Area Map Exhibit B. . : ~ .. 3) Level of Service. The City of Mound, through its Fire Department, shall endeavor to protect and save life and property from destruction by fire, including but not limited to fire. rescue. emerqencv and mutual aid service in said area to the same extent as it does within the city of Mound. 4) Administrative Responsibilitv. The fire .protection services rendered to the contracting cities shall ,.be under the sole direction of the city of Mound. The degree of services rendered, the standards of performance, the firing and discipline of the personnel assigned, and other matters relating to regulation and policies, shall remain in the control of the city of Mound. Any disputes between the parties to this agreement as to the extent of functions and 'duties to be rendered hereunder, or the level or manner of performance of such service, shall be resolved 3 ... . . 100 by the City Manager of the City of Mound. If the 101 contracting city disagrees with the resolution, it may 102 appeal, within ~eft twentv-one days, in writing, 103 to the City of Mound asking for arbitration, as provided in 104 paragraph 5 7B. The City Manager of the city of Mound shall 105 submit to the contracting cities a monthly report of 106 services rendered to the contracting city as well as 107 suggestions regarding any changes that may be helpful. 108 5) Volunteer Firemen of the city of Mound. 109 Personnel assigned to provide fire protection services in 110 the contracting city shall be volunteer firemen of the City 111 of Mound which City shall assume all obligations with regard 112 to worker's compensation, Fireman's Relief Association, 113 withholding tax, insurance, etc. for such volunteer firemen, 114 if any. The contracting city shall not be required to 115 furnish any of the foregoing fringe benefits or assume any 116 other liability of employment to any employee or other 117 per~onassigned to duty within the contracting city unless 118 the'~cgntracting city employs such employee or person 119 directly, independent of this agreement, to provide fire 120 protection services in the contracting city. In such event, 121 all obligations and liabilities with respect to employment 122 of such employee or person shall be the complete 123 responsibility of the contracting city. No such direct 124 employment shall be entered into by the contracting city 125 .without first obtaining the.written approval of the City 126 'Manager of the City of Mound. 127 6) Termination. This agreement shall remain in 128 full force and effect from January 1, i988 1989, and be 129 renewed annually automatically hereafter for a successive 130 contract year unless cancelled by either party by serving 131 written notice upon the City Clerk of all contracting cities 132 by January first of the current contract year. 133 7) Cost to the city of 4. . . 134 A. -Base. Cost for and in consideration of rendition of 135 Fire Protection Services under this agreement, the City of 136 shall pay base costs determined by the 137 formula, as illustrated below, for each contract year. 138 1) Assesse4-Va~~a~ioB Market Va1ue of the Fire 139 service Area of Bach Contractina city: The assessee 140 va~~a~~eft market value of the Fire Service Area of each 141 contracting city is based on taxes due and payable for the 142 year immediately preceding the budget year. The Source of 143 the assessee-va~Ha~~eft market value data shall be the 144 official figures of the Hennepin County Assessor's Office. 145 2) Level of service for Prior Calendar Year. 146 The level of service shall be determined by the number of 147 fire calls, rescue calls and mutual aid calls based on man 148 hours. The formula of assessed-va~~a~~eft market value and 149 levels of service used by the contracting city will 150 incorporate the assessea-va%Ha~~eftmarket value of the year 151 preceding the budget year and the three previous years 152 avera~e of the man hours provided to the contracting city. 153 These'will then be balanced equally giving each 154 participating city its percentage share of the budget 155 for the upcoming year. 156 3) By September 1 of each year during which this 157 contract remains in effect, the city of Mound shall notify 158 each contracting city of the cost pre%~miftary estimates for 159 ,the next contract year. By-ee~e~er-%-e~-eaeft-year,-~e-e~~y 160 <ef-Me~fte-sha%%-fte~ify-eaeft-eeft~rae~ift~-ei~y-ef-~he-es~ima~ee 161 ees~s-fer-~he-ftex~-eeft~rae~-year~ The final estimated cost 162 shall be paid in equal quarterly installments on January 1, 163 April 1, July 1 and October 1 of the next contract year by 164 the contracting city to the City of Mound. 165 The contracting city understands and agrees 166 that it is impossible to project with complete accuracy the 167 actual costs for labor and equipment as well as the service 5 . . 168 to be required by each city for the forthcoming contract 169 year, and therefore hereby agrees to a yearly audit. ~e %~9 ad;~5~-~fte-~~~e~-yea~L~~e~~~ma~ed-ee5~-ef-~erv~ee-a5-5e~ %~% fe~~ft-a~eve-~e-~fte-ae~~a~-ees~s-~~e~~~ed-~y-~fte-e~~y-ef %~~ He~~d~--e~-e~-~efe~e-A~~~~-%-ef-eaeft-yea~7-~fte-e~~y-ef-He~~d %~~ w~~~-~ah~~a~e-~fte-ae~~a~-ee5~-ef-~fte-F~~e-Be~a~~me~~-B~a~e~ %~+ fe~-~fte-~~~e~-ee~~ae~-yea~-a~a-w~~~-~~m~~-~e-eaeft %~5 ee~~~ae~~~~-e~~y-a-8~a~y-ef-ae~~a~-ee8~5~--~fte-ae~~a~ %~6 ee5~5-5e~-fe~~ft-fe~-~fte-~~~e~-ee~~~ae~-yea~-may-~e5~~~-~~ %~~ e~~fte~-a-e~ea~~-e~-a-ae~~~-~e-eaeft-ee~~~ae~~~~-e~~y~--%f-a %~8 5~~~~~5-~5-ea~~~ea-eve~-f~em-~fte-~~~e~-yea~,-~a~a-me~~e5 %~9 5ha~~-~e-~~aeea-~~-a-~e5erve-f~~a~--Sa~a-~e5erve-f~~a-5fta~~ %89 ~e-aee~~ea-~~~~~-a-f~~a-~a~a~ee-e~a~-~e-~e~-~e~ee~~-f%9%t %8% ef-~he-~~~e~-yea~L5-e~e~a~~~~-~~a~e~-~5-a~~~vea-a~~--e~ee %8~ ~he-~e5erve-f~~a-~eve~-~5-e5~a~~~5hea7-~he-ee~~~ae~~~~ %8~ e~~~es-w:i:~~-aee:i:ae-wfte~he~-~e-~ea~ee-~fte~~-a~~~a~-e~e~a~~fi~ %8+ ee~~~~~~~:i:efi-~e-eff5e~-~fte-e~e~a~f~~-f~~a-~a~a~ee-e~ %85 ee~:~~~~~e-~e-~ee~-~~-a~-~he-~e~-~e~ee~~-f%9%t-~e5erve-f~~a %86 ~eve~~--~fte-f~~a-may-~e-~~~~:i:~ea-~e-~ay-a~y-~~e~ea5e-fe~ %8~ 5e~v~ee-~f-a-ma;e~~~y-ef-a~~-ee~~~ae~~~~-e~~~e5-a~~~eve~--%f %88 a-ma;e~~~y-aee5-~e~-a~~~eVe7-~fte-a~~~a~-ee5~-~ayme~~5-5fta~~ %89 ~e-~a:i:a-:i:~-aft-ame~ft~-~e-~ewe~-~he-%99%-ef-~ha~-yea~5-f:i:~a~ %99 e5~:i:ma~ea-ee5~5~--~he-a~~eea~:i:eft-ef-~fte-e~ea~~-e~-ae~~~ %9% 5fta~~-~e-maae-~~~5~a~~-~e-~he-~a5:i:e-ee5~-ferm~~a-5e~-fe~~ft %9~ a~eve~ Any surplus carried over from a prior year is 193 ,placed in an Eauipment Reserve for use in purchasinq capital 194 ,outlay items for the Fire Department. 195 4) In order to facilitate the accounting and 196 reporting of all fire funds, a special Fund called "Area 197 Fire Service Fund" is hereby created. All operating 198 expenses shall come from this fund. Other separate Funds 199 already in existence include, Fire Department Capital 200 Outlay Fund (Equipment Reserve); Firemen's Relief 201 Association Fundi and Fire Truck Bonded Indebtedness Fund. 6. . . . . 202 Reports on each of these Funds will also be provided to each 203 contracting city by the City of Mound, annually following 204 the contract year. 205 5) If any of the above mentioned Funds, for 206 whatever reason, shall become delinquent and require 207 additional funds prior to the next contract ye~r, each 208 contracting city shall be notified of such shortage in 209 estimated revenue and the contracting parties, by majority 210 of all of the contracting cities shall vote to transfer from 211 the reserve fund or to pay as a part of the current year's 212 quarterly costs set forth in paragraph 3 above. 213 B. Arbitration. If the contracting city is aggrieved 214 by the determination of the City of Mound as to the alloca- 215 tion of the actual costs of the prior year's service, the 216 contracting city may appeal said determination within 30 217 days after receipt of the City of Mound's audit. Said 218 appeal shall be made In writing and shall be addressed to 219 the,City of Mound asking for arbitration by a Board of 220 Arbit~ation. The Board of Arbitration shall consist of 221 three 'persons: one to be appointed by the City of Mound~ one 222 to be appointed by the appealing contracting city; and the 223 third to be appointed by the two so selected. The name of 224 each arbitrator selected shall be submitted, in writing, to 225 the other party. In the event that the two arbitrators so 226 ~elected do not appoint the third arbitrator within 15 days 227 .after their appointment, the Chief Judge of the District 228 'Court of Hennepin County shall have jurisdiction to appoint, 229 upon application of either the city of Mound of the 230 appealing contracting city, the third arbitrator to the 231 Board. The third arbitrator selected shall not be a 232 resident of either contracting city, and shall be a city 233 manager or city administrator. The arbitrator's expenses 234 and fees, together with other expenses, not including 235 counsel fees, incurred in the conduct of the arbitration, 7 . . 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 26.1 262 263 264 265 266 267 268 269 . . shall be divided equally between the parties to the arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota statutes. Said arbitration shall be binding on both parties. C. CaDi tal EXDenditures. and/or Interim Increases in the Funds. Not withstanding any of the above, the contracting cities shall have the right to be heard regarding any proposed capital expenditures which are not in the annual estimated cost budget and which exceed $5,000.00 and/or interim increases in the Funds not otherwise included in the annual budget. Notice of such proposed and non- budgeted capital expenditures and/or interim increases in Funds shall be in writing to the contracting cities prior to actual expenditures for such items and the contracting cities shall thereafter have ~eft twenty-one days in which to approve or disapprove the same in writing and if there is no response which disapproves the expenditure, it is agreed ,. that..~uch proposed expenditures may be made and the cost thereof shall be included in that year's budget. D) Fire DeDartment Relief Association. The contracting cities agree that it is important that the volunteer firemen of the City of Mound have a relief association that will provide retirement benefits after retirement to compensate the firemen for all the volunteer ,hours they contributed. The contracting cities also realize ,.the wisdom of contributing to this fund on a pay as you go basis. The contracting cities also recognize that as retirement levels increase that additional contributions -will be required beyond the present %988 contribution level. The retirement costs paid to the Relief Association shall be considered as a part of the prior years operating costs. The contracting cities amount being paid for relief benefits will be paid until and unless a majority of the contracting 8 " . . . 270 cities approve incr~ased benefits and increased contribu- 27~ tions to the fund. 272 E. Prior Contract. If Mound cancels this contract 273 under the provisions of section D-6 or if a contracting city 274 cancels the contract for the express purpose of establishing 275 its own fire department, then the capital expenditure to 276 purchase any capital equipment as provided for in the 277 amendment to the previous contract dated December 2, ~97~, 278 and amended December 5, ~978, shall govern the contributing 279 city's capital investment and/or any refunds provided for in 280 the prior contract. 28~ Ne~W~~ft5~afta~ft~-afty-%aft~a~e-ftere~ft-~e-~fte %9% eeft~raryT-er-~ft-~r~er-eeft~rae~s-be~weeft-~e-~ar~~e57-afty %83 erea~~-er-aeo~~-a~e-~e-a-eeft~rae~~ft~-e~~y-er-~e-~fte-e~~y-e~ %84 Me~fta-eft-aeee~ft~-e~-~r~er-a~reemeft~s-afta-eeft~rae~5-~er-~~re %85 ~re~ee~~eft-be~weeft-~fte-~ar~~e5-sha%%-be-~ayab%e-~ft-~fte-year %86 fe%%eW~n~-~~r5~aft~-eeft~rae~-e~rreft~%y-~ft-leree~ CITY OF CITY OF MOUND By.: Its Mayor By: Its Mayor and and By: By: 9 " . . Q~'" ';.lS'" .'{,'-,)lI' ~elen .... .,' "~., Mayer~m & ,.." AsSOCIates, Inc. 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners August 23, 1989 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Brad Nielsen City Planner Re: Amesbury - Wetland Alteration Permit Shorewood, Minnesota OSM Comm. No. 4413.00 Dear Brad: We have revi ewed the Earth Change Pl an submi tted by the Amesbury Homes Association August 17, 1989. From an engineering viewpoint we have the .following comments: 1. PUMPING LEVELS: Basically the plan consists of drilling a well to supplement the water levels in the wetlands. The well discharge must be below the threshold criteria where a DNR permit is required. Itcannot pump more than 10,000 gallons per day or 1,000,000 gallons per year. A metering device must be installed to allow monitoring and reporting of the water pumped. 2. DRAWING: A .draw.i ng must be prepared shQ~li ng the 1 ocat i on of th~ we 11 and the method of discharge into the wetlands. Care must be taken to insure no erosion takes place. 3. OWNERSHI P: It is my understand i ng the well will be owned and operated by the Amesbury Home Owners Associate under a permit granted by the City of Shorewood. Throughout thi s process, pursued by the Amesbury Home Owner's Association, we have been concerned only that the work proposed stay within the guidelines established by local and State Agencies. In the past, work has proceeded without obtaining the proper permits and there have been problems. /~ . . City of Shorewood August 23, 1989 Page 2 If you have any questions or comments concerning these items, I would be happy to discuss them with you at your convenience. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. t?/~ P ~ James P. Norton, P.E. C/huJ City Eng i neer JPN/cmw 08/89-69 cc: Mr. Glenn Froberg, Attorney . TO: The City of Shorewood ATTN: Brad Nielsen, City Planner FROM: Amesbury Homes Association Ken Carlson, Chairman, Ponds Committee DATE: August 17, 1989 SUBJECT: EARTH CHANGE PLAN PURPOSE: To insure the major wetland within our boundaries does not go dry and lose its capability for supporting significant wildlife as a result. . . EARTH CHANGE PLAN (Submitted by Amesbury Homes Association) August 17, 1989 1. Wetland definition: A. General (Exhibit I) B. Specific (Exhibit II) 2. Amesbury wetlands: A. Defined as the 3 separate wetlands contained within the boundaries of Amesbury plus a fourth which borders on Amesbury, Amesbury North, and Amesbury West. (Exhibit III) B. All of the Amesbury wetlands are fed by normal rainfall and groundwater (via spillways and by drain pipe connected to the storm sewer). There are no natural inlets or springs. C. The wetland outlets are as follows: #3 overflows via underground pipe into the Knightsbridge Road storm sewer. This storm sewer drains into #2 and #1. #2 overflows via underground pipe into #1. #1 overflows via drainage ditch and underground pipe into #4. #4 overflows (presumably) into the Amesbury North wetland system and then on into Lake Minnetonka. 3. The problem: A. In the summer of 1988, the smaller of the 2 water areas that comprise Amesbury #1 dried up to a few puddles as did the shallower portion of the largest water area (that channel along the northern and eastern shore leading to the narrows that connects the two water areas). (Exhibit III) B. At the annual Amesbury membership meeting October 27, 1988, a motion was made (and passed without opposition) to research the wetland situation and recommend what should be done to prevent wetlands #1 and #2 (specifically) from going completely dry. 4. The research and decisions: A. Chronology of events 10/27/88 - 7/10/89. (Exhibit IV) . . - 2 - 5. Events subsequent to 7/10/89: A. The City Council passed a motion to reword an amendment to the Shorewood Wetlands Ordinance so that an Earth Change Plan must support a landowner's request to direct the flow of water from any underground source into a wetland. B. Since this action (5A above) there have been several contacts between Amesbury and the City of Shorewood--a11 Amesbury instigated. Finally, on August 11, 1989, Larry Whitaker agreed to meet with us (Zaske and Carlson) to hear our point of view and tell us what they expect us to cover in our Earth Change Plan. (To this day, Mr. Norton has not responded to the Carlson letter of June 9.) 6. The issues - from the City's point of view: A. Water levels - current and future Wetlands #1 and #2 begin to overflow at about the 3 foot level. Levels are down 2 feet and more from that maximum level currently. Our objective here is not to keep these wetlands at (or near) maximum levels via the well/pump solution. Our objective is to keep these lands from drying up and cracking the water seal. Should that occur we would lose our water and the marine life and bird life that this water supports. B. Why the seemingly oversized well/pump system if it's only for emergency use? We originally thought that a system would be needed (and located) to bring levels up about 2 feet in wetlands #1 and #2 and then not needed subsequently except for emergency wetland replenishment and for irrigation in the Amesbury common areas not now reachable by garden hoses. As the events proceeded, we decided not to change our original plans (because we felt this was still appropriate long-term) and decided to go with the original system and meter it, if necessary, to stay within the law while the drought persisted. (Exhibit V) C. What is the benefit to the wetland to pump or not? It is Amesbury's belief that we will not be exercising good stewardship if we sit by and watch our wetlands go dry. . . - 3 - We quote'from several sources: . "The specific intent of this Chapter is to permit and encourage land uses compatible with the presentation of the natural vegetation and marshes which are a principal factor in the maintenance of constant rates of water flow through the year and which sustain many species of wildlife and plant growth." Wetland Developments, Chapter 1102.01 subd. 3, City of Shorewood. . "If the dehydration of these bottom soils had continued for another season, I feel that these fissures may have become deep enough to penetrate the water seal and thereby prevent the retention of water." Letter from Bud Tien, Lake Improvement Consulting, Inc., Amesburyls long-time pond consultant. (Exhibit VI) . " . . . you will lose the water in your pond if you allow it to dry out." Karl Pokorny, DBA Karl IS Landscaping letter. (Exhibit VII) . Several highlighted excerpts from the EPA brochure, "American Wetlands. Our Vital Link Between Land And Water" and, specifically, on p. 6, where it lists under major causes of wetland loss and degradation the natural threat of drought. (Exhibit VIII) 7. In summary: . We are trying to insure our wetlands will not go dry. We are not trying to beautify a pond. . We have no intentions of breaking (or circumventing) any law or restriction. Certainly we have no intention of recklessly depleting water resources. . If our water goes dry we lose our marine life and with it three species of heron, the Great Egret, and the Kingfisher, not to mention the loss of aquatic plant species that are keeping our wetland from turning into a bog. . In addition to wells and pumps for water replenishment purposes that we found in Minnetonka, Deephaven, Edina, Plymouth, Richfield and many other nearby communities, we were pleased to note that Hennepin County (Carver Park) and Richfield (Wood Lake Nature Preserve) also rely on this solution for their most treasured nature wetlands. . Exhibit IX shows the only soil analysis ever done (to our knowledge) on our wetland #1. It was done in 1978 and it includes a contour map for your assistance. (Please save--itls our only copy.) . . Exhibit I . I. WETLAND DEFINITIONS A. General Definition Wetlands can be marshes, swamps, bogs, wet meadows, fens, bottomland forests, shallow ponds, and prairie potholes. They are, in short, lands that are wet. However, wetlands may be dry during some seasons, so they can be difficult to identify. A wetland is characterized by hydrophytic vegetation and hydric (anaerobic and wet) soils, and is saturated and/or flooded with water (see Section II). B. U.S. Army Corps of Engineers and Environmental Protection Agency Definition "Wetlands are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." C. U.S. Fish and Wildlife Service Definition "Wetlands are lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water." Exhibits I and II excerpted from summary of a seminar held in October, 1988 entitled "Wetland Regulations and Land Development," sponsored by Lindquist and Vennum and Barr Engineering Co. . . . , WETLANDS: THE SCIENTIFIC PERSPECTIVE =============================-~-=======----======================= SPEAKER: Randall E. Duncan, Biologist Barr Engineering Co. INTRODUCTION The essential starting point of a development plan is proper identification of a wetland's characteristics, type, boundaries, and functions. The developer should be able to answer the following questions: . What are wetlands? · What are the characteristics of wetlands? · What are the different types of wetlands? · What are the proper procedures for making a wetland determination and delineating wetland boundaries? . Why are wetlands important? . . Exhibit II (both sides) III. WETLAND CLASSIFICATION/TYPE A. Old Fish and Wildlife service Classification system (from Circular 39) Type 1: Type 2: Type 3: Type 4: Type 5: SeasonallY flooded basins and flats. The soil is covered with water or is waterlogged during variable seasonal periods, but usually is dry during much of the growing season. This type is found both in upland depressions and in overflow bottom lands. Vegetation may include bottom-land hardwoods and some herbaceous growths such as cockleburs, ragweed, smartweed, and beggar ticks. Inland fresh meadows. The soil usually is without standing water during most of the growing season but is waterlogged within a few inches of its surface. Vegetation may include sedges, rushes, and a variety of grasses. Inland shallow fresh marshes. The soil is usually waterlogged during the growing season. They are commonly found bordering open water marshes or as seep areas on irrigated lands. Vegetation may include cattails, sedges, rushes, arrowhead, burread, and smartweed. Inland deeD fresh marshes. The soil is covered with 6 inches to 3 feet or more of water during the growing season. They may border open water areas or completely fill shallow lake basins or sloughs. Vegetation may include cattails, wild rice, reeds, arrowhead, and bulrushes. In open areas, submergence of floating-leaved plants such as pond weeds, duckweeds, coontail, or waterlilies may occur. Inland fresh ooen water.' Shallow ponds and reservoirs are included in this type. Water is usually less than 10 feet deep and is fringed by a border of emergent vegetation. Vegetation (mainly at water depths of less than 6 feet) may include pondweeds, naiads, wild celery, coontail, muskgrasses, water milfoils, and water lilies~ Typ~ 6: Type 7: Type 8: . . , Shrub swamos. The soil is usually waterlogged during the growing season, and is often covered with as much as 6 inches of water. They occur along sluggish streams and floodplains, but many are isolated. Vegetation may include alders, willows, dogwood, and buttonbrush, as well as some herbaceous growths. Wooded swamos. The soil is waterlogged to within a few inches of its surface during the growing season, and occasionally is covered -with as much as 1 foot of water. Wooded swamps occur along sluggish streams and floodplains. Vegetation may include maple, ash, birCh, aspen, and an understory with willows, dogwood, and alders. Boqs. The soil is usually waterlogged and supports a spongy covering of mosses. Bogs occur mostly in shallow lake basins, on flat uplands, and along sluggish streams. Typical plants are heath shrubs, sphagnum moss, cranberries, sedges, and cotton grass. B. New Fish and Wildlife Service Classification System (from Cowardin et al.) EXAMPLE: "P EM 1 C" Wetland First Character = System (P = palustrine system) Second Character = Class (EM = emergent class) Third Character = Subclass (1 = persistent subclass) Fourth Character = Modifying Term (C = seasonally flooded) \- \ \ \ ' n \ ~-4:edtki. . Exhibit III . "\ \ ~ \ \ V \ \ \ \ 1 by McNulty Company 609 2nd Ave " Mpls" MN 55402 339-0674 or 74-5231 '~ Artist's interpretation of site and landscaping. .,/ . . Exhibit IV (16 pages) AMESBURY WELL/PUMP DEVELOPMENTS 10/27/88 Annual Membership Meeting. The motion was made, and passed without opposition, to study the pond situation and recommend what should be done to prevent the pond from going completely dry, as parts of it did this past summer. 11/7/88 DNR letter disclaiming authority over Amesbury's wetlands (Exhibit A). 11/9/88 Amesbury monthly Board meeting appointed the Pond Taskforce consisting of Don Davis, Jeanne Egan, Karen Mast and Ken Carlson" Chair. 1/12/89 Pond Taskforce report to the Board (Exhibit B). Board agreed with taskforce recommendation saying: "It is the intent of the Board to assure a satisfactory water level in the pond. If a well is necessary (in May) and the bid is in the range expected -- $6,000-$9,000, the Board will recommend a vote for installation, with payment made from the Amesbury reserve fund and not from a special assessment." 1/12/89 Exhibit B lists the resource persons contacted for guidance. Everyone, except Mr. Jim Norton, Shorewood Consulting Engineer (who said the well would be "self- defeating"), considered the well/pump solution viable, and those in a technical ppsition to know all disagreed with Mr. Norton's reasons ' 1/19/89 At Board direction, and to explore an alternate solution to the problem, Ken Carlson wrote the Shorewood City Council to inquire under what circum- stances the city would sell us water for this purpose (Exhibit C). 3/13/89 Exerpt of Shorewood Council meeting minutes, where it was recorded how they dealt with our request (Exhibit D). 3/14/89 Roy Stark letter circulated to Amesbury membership in opposition to the well/pump (Exhibit E). . . Amesbury Well/Pump Developments Page 2 5/9/89 5/11/89 5/23/89 5/31/89 6/1/89 6/6/89 Ken Carlson letter in response (Exhibit F). The regular May Amesbury Board Meeting was held (including pond walk around) with all members invited. About 25 non-Board members attended. After everyone (that wanted) had their say, the Board voted unani- mously to proceed, with the decision contingent on the pump solving low level problems in both the main pond and the Manor Road pond. Howard Strauss was asked to help Ken Carlson work out the details Mr. Stodola, the well driller, obtained a Shorewood City Permit to drill without a problem. (Approximately) Mr. Stodola called Mr. Norton asking his help in selecting the exact spot to drill (to avoid underground tile or pipe -- earlier Strauss, Carlson and Stodola had agreed to drill generally in the area between townhouses off Knightsbridge Road). Mr. Norton was described as being uncooperative. (Approximately) Ken Carlson called Mr. Norton. It was in that conversation that it was learned we did not have the DNR permission we needed to drill. (The letter of 11/7 disclaimed their authority over Amesbury wetlands from a fish and wildlife perspective only, which was not made clear). Ken Carlson talked with Judy Boudreau, D1~ Regional Hydrologist, and her boss Jim Japs. They said it would be futile to apply for a DNR permit to drill at this time because (1) we had a low priority need, from their point of view, and (2) especially now while drought conditions persisted. They both said that we could pump up to certain levels without a permit, how- ever, and encouraged us to go ahead and do just that until they could issue a permit. . . Amesbury Well/Pump Developments Page 3 . . 6/8/89 6/9/89 6/13/89 6/16/89 6/22/89 7/10/89 Ken Carlson called Jim Norton to tell him of the DNR conversations and that we were planning to proceed at the reduced levels with their blessing. Mr. Norton said he would not cooperate with us and, instead, would be taking this to the City Council on the following Monday night and strongly suggested we be there. When he was asked why he was still opposed, he terminated the conversation after what appeared to be a "conven- ient" interruption. He did not return my calls the following day. Ken Carlson letter to Mr. Norton with copy to City Council (Exhibit G). The Shorewood City Council meeting discussion of our proposed well/pump as reported in the Sailor of 6/14 (Exhibit H). Ken Carlson letter to Amesbury residents (Exhibit J). Amesbury regular Board meeting. Everyone was reminded that the 10/27/88 motion specifically stated that the membership should consider the Pond Taskforce recommen- dation, and that the membership seemed to be under represented in our meeting on May 11 when the decision to proceed was passed. -It.was moved, therefore, that we rescind our action on the 11th in favor of a ballot vote of the membership. This was approved unRnimously. Zaske letter to membership followed (Exhibit K). A tally of the ballots received by the specified deadline disclosed: 44 in favor of proceeding 22 in opposition ~ unuseable (not signed, no box checked) 68 total received by deadline ~ received subsequently 72 total received (80% of total membership) PHONE NO. 296-7523 METRO REGION DIVISION OF WATERS 1200 WARNER ROAD, ST. PAUL, MN 55106 FILE NO . ~~TrnT~@lJ&:' ~"oEPARTMENT OF . EXHIBIT A NATURAL RESOURCES November 7, 1988 Mr. Ken Carlson Amesbury Homeowners Association 4845 Regents Walk Shorewood, MN 55331 RE: AMESBURY HOMEOWNERS ASSOCIATION, HENNEPIN COUNTY Dear Mr. Carlson: This letter is to confirm that there are no Department of Natural Resources protected wetlands within the property owned by the Amesbury Homeowner's Association in Section 25, Township 117 North, Range 23 West, Hennepin County. If I can be of further assistance, feel free to call me at 296-7523. Sincerely, ,., ~ // . . ~~ -.:zUf7J(.,./?":y ,. , , I ..Joe Thomas Staff Hydrologist J268:kap AN EQUAL OPPORTUNITY EMPLOYER . . AMESBURY HOMES ASSOCIATION Pond Committee Report to the Board 1/12/89 EXHIBIT B The Committee considered three options in response. to the Board charge from the 11/9/88 meeting: 3. Well/pump Rationale "It1s not broke-don't fix it." "It's broke but only needs a one-time fix." "It's broke and it needs to be fixed permanently." Option 1. Do nothing 2. Purchase water After meeting twice (November 30 and January 5), and consulting with people and agencies on the list attached, plus initiating a cleanup of the pond to improve water flow, the Committee now recommends as follows: That no further action be considered before May 1. This ~ill give us the benefit of the snow melt and some significant (we hope) spring rains and get us past the load limit restrictions on our local roads. Then, if water levels in the pond are still unacceptably low, we recommend implementing the well/pump option as a permanent solution to the problem. A setondary reason for recommending this option is' that we would then not be concerned about drawing water out' of the pond, as needed (to water common areas not now reachable by hoses), because we would have a water replenishment device permanently in place. We estimate this option to cost a minimum of $6,000 and a maximum of $9,000. Included in this cost would be some needed rehabilitation of the dam at the outlet creek. . As a backup, we will be investigating the possibility of purchasing water from the Village. We will have a report on that by the May 1 deadline date, also. Though we have purchased limited quantities of water from them in the past, we understand that now we must first petition the Village Board for permission. This suggests an attitude change' on their part that may not be favorable to us should we expect to rely on that option. Finally, the size of the area we are concerned with here is 5.5 acres. It is estimated that to bring levels up two feet (or roughly to normal levels) would require about 3.5 million gallons of water at this time. Respectfully submitted, The Pond Committee .Ken Carlson, Chair Don Davis Jeanne Egan Karen Mast KC/na Attachment . . EXHIBIT B (cont.) AMESBURY HOMES ASSOCIATION Pond Committee Resources Persons Consulted Dick Gray* Willis Munson Village of Shorewood Village of Shorewood Village of Deephaven Amesbury Pond Consultant Local Water Specialist Dan Vogt Jim Norton Wally Roholt* Bud Tien* Pollution Control Agency Roman Kanivetsky* Corps of Engineers Minnesota Geological Survey Steve Eggers Judy Boudreau Joe Thomas DNR Area Hydrologist DNR Staff Hydrologist Kevin Larson Kickock & Associates (District Engineers for the Minnehaha Creek Watershed District) Howard Strauss Hydraulic Engineer Rick Stodola* Don Stodola Well Drilling Co. AND, SUBSEQUENTLY: Larry Smith U.s. Fish & Wildlife Joanne Olson Sr. Planner, Chanhassen Randy Hughes City of Richfield Dr. Dave Weaver Hennepin County Parks Marty Jessen Freshwater Foundation *People in a position to know because of their familiarity with soil conditions in our area who disagreed with Mr. Norton's opinion that the well/pump solution would be IIself defeating.1I EXHIBIT C MEMO TO: Shorewood City Council FROM: Ken Carlson, Amesbury Homes Association DATE: January 19, 1989 SUBJECT: POSSIBLE FUTURE EMERGENCY WATER NEEDS Ladies and Gentlemen, The Amesbury Homes Association has asked me to inquire about the possibility of purchasing water from the City in the future should this need again arise. You may recall that in 1987 one of our residents, acting on his own, nevertheless successfully concluded two separate water purchases from the City which, in total, amounted to something less than 500,000 gallons. This was used to improve the level of the main Amesbury wetland area whirh we consider the most important natural resource under our management The reasons for this inquiry now, however, are twofold: 1. The Amesbury Homes Association Board has now appointed a committee to oversee" the wetlands under our ownership. As a result, a plan has now been developed and approved that will trigger a permanent solution to the low water level situation now prevailing should the present drought continue beyond May lof this year. If that occurs we will dig a we 11 and install a pump. If nature blesses us with sufficient water to carry us through this difficult period, however, we may again be looking only to the occasional quick-fix solution as needed, -a much less expensive option as you can understand. 2. The fact that we have now been" asked to make this inquiry through you, the City Council, suggests that you are interested in monitoring these requests at present, and may now even ha~e a specific policy governing this activity that we should know about. Please understand that we are not now asking to purchase water. We only want to know the conditions under which you would agree to sell us water again for this purpose should an emergency need occur in the future. We will look forward to your reply. Cordially, Ken Carlson Amesbury Board Member Pond Committee Chair KC/na ~ COUNCIL PAGE 4 Ie f MINUTES~MONDAY. ; I I I ..--....... . EXHIBIT 0 13, 1989 / ~ Do Ordinance Amendment Discussion - continue I or fenced P~ovision for the ordinance. Chief Young of the Police Department nd Rick Stenberg of Midwest Animal Patroling were present to larify Council's questions on enforcement of the ordinance. I The Council Ireviewed the current ordinance and offered amendments that will a~pear in a new draft to be submitted to Council for acceptance ~t the next Council meeting of March 27, 1989. A resolution ~ill also be submitted in conjunction with the ordinance that will state a fine schedule and authorization to issue citations. Chief young!ldid clarify that the police Department will respond to animal comp aints when the animal patrol is not available. This response wi.l be handled after emergency situations have been completed. I I TAX FORFEITED tROPERTY STATUS - 26620 SMITHTOWN ROAD A request has.~een received to release for sale a parcel of land located at 266~0 Smithtown Road. The council placed a "hold" status on this property last November. They wanted to review possible City uses for this troperty prior to releasing. The County informed us that the City as to determine a use for this property within one year and initi te that use within five years. Planner Nielsen re- commended post oning any change in action-until a study of the uses can be complet~d. This study will be completed for review prior to the November dfadline. SALE OF WATER ~EQUEST - AMESBURY I I The Amesbury H~me Association has asked the Council to stipulate conditions und~r which ~he. City would sell them water to restore the levels of th~i!' ponding area~. They have stated that they will drill a well if the rought conditions remain as is. A permit from the City and DNR w, uld be needed to do so. I I Council's conlsenus was that filling the ponds was not an appropriate use of water ip a period of drought. I I STAFF REPORTS I I Attorneys Rleport I Status of ~ark District Litiqation I I The Court ~as ruled against the City of Minnetrista in their suit against the Park Board in their pursuit of land acquisition. Minnetrist~ intends to file an appeal. I -4- EXHIBIT E March 14, 1989 Gene Zaske, president Amesbury Homes Assoc. Dear Gene: As an Amesbury resident I can't help being concerned over the flurry of activity regarding the water level of the main pond in our complex. Up until this year, there has been fluxuation of levels depending upon the type of year we were undergoing - wet or dry. The same thing holds true, incidently, with the other pond that borders on Manor Road, which con- cerns the residents ,that border upon it as much as it concerns those residents that border upon the,main pond! This is not just an Amesbury problem - the water shortage that is. It is a problem that seriously involves the entire upper Midwest. Lake Minnetonka is at an all time low. I can't help but wonder what the effect would be if all comrr,unities bordering water bodies in Minnesota would dig their own wells to solve a problem that nature ultimately would correct. What would be the long term effect of such an action? It seems to me that in view of the universality of the water shortage problem and its effect on the general population as a whole that what we are experiencing is a short term problem. Lake Minnetonka has been low in the past and has come back to normal levels" The same thing holds true for other bodies of water within the state. Before we agree to spend $6,000 to $9,000 on a new well, (the numbers seem low to me and most likely would be higher) I feel that we should wait and see what course nature will take. The cost of the well is only one part of the cost picture. There will be mainten- ence and repairs to deal with in the future, and all of us are aware of how costly this becomes. One can't help but be impressed by not only the membership of the well committee, but the amount of research that has been conducted to date. The reserve fund has been accumulated over a number of years to provide in part for a serious emergency-something that could not be anticipated. In the eyes of some, this probably constitutes such an emergency, but in views of some of the other residents perhaps it does not constitute a dire emergency at this date. Let's give time an opportunity to give US more insight into the seriousness of the situation. Sivr;)JJ ROY s{ark 4970 Devonshire Circle ~o~~?, HAMEL. MINNESOTA 55340. TELEPHONE (612) 478-2133 . . May 9, 1989 Amesbury Homes Association Members: Since Roy Stark's letter of March 14 was circulated to the membership, and since it voiced concerns that may be shared by others, we (the Ponds Committee) feel everyone is enitled to hear our response. 1. At the outset, our Committee was given authority by the Board to oversee all of the ponds in Amesbury, not just the main pond. Our initial priority has been the main pond, but we are prepared to meet with residents concerned with other ponds as well. 2. We understand that the water shortage is not just Amesbury' s pro blem, but we can only address that which is ours to manage. We can't help but observe, however, that the adjacent area is dotted with similar "wetlands" which are now dry because nature was allowed "to take its course. 3. The well/pump solution is intended to permanently assure that _ the bird and marine life (which we feel we have an obligation to protect) will not disappear along with the water as it has in some of the adjacent areas. We do not foresee the pump being used constantly - or even often. We assume that once the pond is filled it will only be used to help replace major water lost to evaporation. Also, the fact that Shorewood has now apparently decided not to sell us water in the future, closes off our only other source for emergency replenishment. 4. The reasonable cost estimates (i.e., $6 - $9,000) cannot be more closely pinpointed because we don't know exactly how deep the well will need to be nor how much water we will need to pump initially. If desired, the ColllJllittee will be happy to share the cost details and, also, call in Rick Stodola (the local welldriller) and Wally Roholt (the Public Works Administrator for Deephaven), who can confirm the accuracy of the initial cost estimates and testify to the maintenance and repair costs likely to occur in the future. Deephaven, incidentally, has had over 10 years of favorable well/pump experience in connection with their pond in the park off "Minnetonka Boulevard. - EXHIBIT F . . Amesbury Homes Association May 9, 1989 5. Finally, we feel most will agree that the ponds are as important to Amesbury's future as are the pool and tennis courts. In the past, when either the pool or tennis courts have needed major attention, the member- ship has understood this and responded positively. We are confident they will do so in this case, also, when the time comes. Ken Carlson, Chairman Ponds Committee EXHIBIT F (cont.) f. f. trr J3 I T 5- June 9, 1989 l'lr. Jim Norton Orr, Sche1en, Mayeron & Assoc. Inc. 2021 E. Hennepin Avenue Minneapolis, MN 55413 Dear Mr. Norton: Our phone conversation last Wednesday ended rather abruptly, through no fault of yours apparently, and before I could learn what we needed to do to satisfy your concerns with respect to the well and pump we discussed. I hope I made it clear that we intend to work with you, not against you, as we proceed to implement our Board's decision of May 11th, and that we are as concerned as you that there be no question as to the legality or the propriety of our intentions. Our problem at this point, however, is that we do not know specifically why you are objecting to what we are proposing to do nor do we know what you are about to present to the Council on Monday night, the 13th, in support of your objection. As a result, we feel ourselves at a disadvantage in that we cnanot prepare an adequate response (and particularly on such short notice) so we must regretfully decline your invitation to attend the meeting. We assume we will be given the opportunity to respond to your specific concerns, and in as much detail as you may require, in another meeting in the near future, however. This issue for us has just been resolved after long and thoughtful discussions, and your objection comes unexpectedly, and at the very last minute, so to speak, so we are naturally anxious to work out a final resolution of this with you as soon as possible. Please send me a list of your concerns and any commentary you think appropriate that will help us respond to you in a way that will lead to a satisfactory conclusion of this matter. Thanks. ~:'{JWv?~ Ken Carlson Amesbury Homes Association Pond Chairman cc: Shorewood City Council P.S. In the event this letter does not reach you prior to the Monday night meeting I am sending a copy to the Council so that the reasons for our absence are known to all in advance of your report. , . Shorewood opposes pumping water into neighborhood ponds By Tom Ratzloff The Shorewood City Council hopes to douse a neighborhood association's plan to pump private well water into its stonnwater holding ponds. In voting unanimously Mon- day to rescind a city pennit granted for a private well at Amesbury, council members characterized Amesbury Homes Association's plan to use water to fill neighborhood ponds as un- necessary and irrespOnsible. "I'm totally against pumping water into wetlands," said Bob Ga~e,. noting that a citywide sprinkling ban is in effect and c~m~e:n. is growing about diminishing water supplies. "It's crazy." Other council members shared Gagne's sentiment. They said that the Amesbury proposal seems wasteful and fear that it co~d harI? the Shakopee ac- quifer, which supplies water to this region. "There were l~ wells drilled in AMESBURY: To next page .EX H-r t3 iT ~ 7/- ,1 ~9 Jl\(v( '\ S, 1\ I ~ Ii I Amesbury Will discUSS with city gallons in less than two weeks, far exceeding DNR permit limitations. The DNR haS refused to issue a pennit to - drill a well in Amesbury, Norton noted. But the DNR did say that if Amesbury took less than the limits established by the DNR, no pennit was required. Before . Amesbury can comrl1ence drill- ing, Norton must approve the well planS and location to ensure -Developer to appeal that it does not interfere with municipal utility hookups. order to clean up "Mr. Carlson told me they c~taminated site were going ahead with their well - I Before the c",meil's vote to at this time regardless." Norton ' arcus Deve1opmen~ which rescind the permit. City said. "His comments were such haS 'been ordere'1t<d soil (rom Amesbury's private well plan set by the DNR then they don't the Sborewood FiIia Foo<Jmarl and reported IUs conversations need a permit to install their site at \24365 Smithtown Road, with assoc:ation spokesman Ken well. Mr. CarisOO stronglY sug- will ap~r at Ithe June '" Carlson. gested to me that be would have Shorew City Couneil Norton said that a Minnesota me come out there on a daily meeting. i DeparIII1ent of Natural basis to instJre that they did not 'The soil. which is con- Resources <DNR) pennit is pump more than the maximum laminated wi petroleum pro- needed if the appropriation of liInitations established by the ducts. was un, ed ,laSt sum- water exceeds 10.000 gallons per DNR." mer during co , elion of ,the day or 1 million gallons a year. Altho. ugh Shorewood current- convenience/ sto~~ station. The Amesbury well would be 2SO 1y bas no ordinance restricting The city or<liored th dirt remov- feet deep and would be capable private wells. City Planner Brad ed laSt mo~th. Senn currently of pumping 50 gallons - per Nielsen said that he will negouati!% - ~th City of minute. With this capacity, they research how other com- (;baDhasSe'l . use en a could pump 72.000 gallons per munities deal with the issue. ~ farm as a., 1ble day or ap~~!..I.,:,~.,~~~e,Ci~ A1lorOeyG!-......~p. ~.r~~ ~"?"~ From previous page the '305 to keep the lake level up so that it would keep feeding into Minnehaha ereek." said Coun- cilmember Vern Watten. "In re- cent years the experts have discovered the folly of that prac- tice.I think it's sinful to tap state water for those purposes." "I agree, I think it's ridiculouS," said Mayor Jan ' Haugen,. Froberg will assemble a rmding of facts supporting the council's motion to rescind the city permit. - The Amesbury Homes AssOCiation declined to send a representative to Monday's meeting, but haS indicated that it welcomes the opportunity to discuss the matter at a future date. EXHIBIT I.:r June 16, 1989 To All Amesbury Residents: By now, most of you have read the front page story in the current Sailor (June 14) reporting on the action taken by the Shorewood City Council in their June 13 meeting in opposition to Amesbury I s plan to drill a we 11 for pond replenishment purposes. The facts as reported in the article and the statements attributed to me are truthful as far as they go, but the interpretation of those facts and the context within which they occurred (the media calls that "spin control", I believe) were out of our hands, unfortunately. Had the reporter contacted me in the interests of fairness and balance, I would have told him: 1. The Council has known since March of our plans to drill the well, and we were able to obtain a city permit to do so without problem in May. 2. We learned at the last minute that the.DNR permission we had to proceed (we thought) was not what we needed. When we applied for the required permit, it was denied (for now) but the DNR volunteered to me that we could go ahead without the permit providing we dldn't exceed the 10,000 gallon per day or million gallons per year pumping limit while drought conditions persist. 3. In my subsequent conversation with Mr. Norton, I indicated that we would then proceed at the reduced pumping levels. 4. He said that the system we were going to use had a much greater pumping Gapacity (we knew that, of course) and implied that we were planning to deliberately circumvent the law as a result; this, in spite of my assurances that we would meter our pumping to be sure we were in compliance. 5. When he told me what he planned to tell the Council, I said to him that if he doubted our sincerity, he could monitor our effort daily, if he chose. Finally, both the Council and Mr~ Norton had the attached letter in hand before the meeting. It was my intention that they know of our cooperative attitude going in. The article in the Sailor was their response, apparently. The Board will discuss the next steps, if any, and we will keep you informed. ~(21: {J tvJ/h ~ Ken Carlson Pond Committee Chairman KC/na Attachment . . EXHIBIT K (2 pages) NOTE: REPLY REQUESTED To: TDe Residents of Amesbury I Since our annual meeting last October, the Ponds Corornittee and your Board of Directors have spent a great deal of time discussing and researching the issue of a well for our ponds. It was eventually decided that Mother Nature might solve the issue with winter snow and/or spring rain and a decision on the well should be deferred until the May board meeting. At that time, after determining that the pond was at the lowest spring level in history and reviewing input from other cities, Dick Gray, the DNR, the well drillers in the area, the City of Shorewood, the residents of Amesbury, our pond expert Bud Tien and others, the Board, in good conscience voted to proceed with getting the necessary permits and digging a well. The cost was to come from reserves and not a special assessment. Factors influencing the decision included: Maintaining a wildlife/waterfowl habitat. (If the pond continued to go down and dry up, the bottom would eventually crack. If that happened, any water which went to the pond naturally would simply flow out the bottom.) An opinion from Dick.Grey that though he did not endorse the solution, he did recognize the concern the property owners had expressed and did not raise significant environmental concerns. Data which told us that Deephaven, Plymouth, Minnetonka, Edina and Richfield had approved similar projects. Discussions with the DNR that suggested that what we proposed was acceptable to them. After an unanimous Board vote t.o proceed, we received a permit from Shorewood and then two very significant things happened. First, the City of Shorewocd in a meeting reported in the SAILOR, apparently withdrew our permit (though we have not been officially notified of that fact) and emotionally indicated that this was "unnecessary and irresponsible." We feel it would ha-ve been far more appropriate if they had asked us to appear at the next meeting, explain our request, .and then in an objective and hopefully informed way, make a decision on the permit. . . Page 2 The second major issue raised came from one of our residents who asked why the members of Amesbury had not been allowed to vote on the subject. our response was that the members had-authorized a new ponds committee to study the subject and that the Board had voted on their recommendation to proceed (copy attached), which we felt is what we had been asked to do. That question, however, caused us to look back at the original motion passed at the annual meeting. That motion reads: "... that a task force be formed to study the problem and to get back to the membership within 30-60 days with a plan so the general mem bers h.ip can vote on their recommendations." Obviously, the Board was in error and the question should have been brought to the residents for a vote -- not decided by the Boord. As a result, the Board vote at the May meeting has been rescinded. We are now submit t i ng this. question, as instructed by you, the members of the Association, to a vote of the members. This vote may happen at a meeting or by mailed ballot. We have decided on a mailed ballot because a membership meeting requires a 30 day notice. The procedure is as .follows: 1. The Ballot is attached to this letter. 2. An informational meeting for anyone wishing to attend will be held at 7:00 PM on Wednesday, July 5, 1989 at Marlys Wood1s home (4900 Regents Walk). 3. We are asking that your. signed ballot (to assure one vote per household) be returned to Nola Schroer no later than Monday, July 10. (We feel this will allow p~ople to vote who might be gone over the holiday.) 4. A majority of the ballots received will determine whe~her we proceed to try and obtain approval to move forward or if we abandon the project at this juncture. 5. If the decision is to proceed, we will prepare a chronological, documented, written presentation which we will ask the city council to review with us. At that time we wiJl be bound by their decision. . The basis of tnat presentation will be available for review by the residents at the July 5 meeting. We urge you to attend the informational meeting and indicate your wishes by returning your signed ballot. - Respectfully submi tt.ed for the Board of Directors, 11 ~L--'~ Gene Zaske President LICENSED AND INSURE} .RADIO DISPATCHED SERVICE Exhibit V (2 pages) STODOLA . DON WELL DRILLING CO., INC. Wells and Pumps- - Sales and Service 15306 HIGHWAY 7, MINNETONKA, MN 55345 . OFFICE 938.2111 · RES. 474.4773 or 474.4722 Bid for Amesbury Homeowners Association Contractor WATER WELL FOR POND USE. Well Estimated Depth 200' at the rate of $9.00 per foot to include drilling and casing as required. Measurement ground level to bottom of hole. Constructed with 4" Steel or 4" Plastic Casing. well shall be finished with steel or plastic casing at same base price. Type of casinq will be detennined by driller at time of installation ~~ 1 11?" Sanitary SAal & Fitting!'; Pump c; H'P Sl1nmp'l""c:;;hl P 'P11m:! r t=l11 1 1/?" nr(')!" Pi!"A & Wi rA ~ 1 1 I?" ni c:;rnt=l'l""r]p .f'l""("')m wpll 1-('") ~nn Screen inches by feet stainless steel with fittings. Water Test and Permit Add'\ Well plus or minus 200' Base Bid $ 5.445.00 $ 9.00 PerFt. Add'\ Add'l 1 1/2" Plastic from Well to Pond 100' $ Pond, Sensors, all necessary fittings from well to P(md anC. Conn€lctiCrlli I""'cluoeG $ 350.00 Bid does not include wiring. ALL WJ::R]R; 'ID BE rnm BYH<.:MEOiNERS ASS(X:IATION. All wells must be clearly staked and all underground wires and gas lines marked. We cannot be responsible for damage done to wires, gas lines, trees, lawns or buildings during construction of the well. TERMS: CASH ON a:MPLEI'ION. Date ~:=:r 9. ' 980 Void after Accepted by: Submitted by: Representing DON STODOLA WELL DRILLING CO., INC. "NOTICE TO OWNER" Under the Mechanics' Lien Law, any contractor, subcontractor, laborer, materialman or other person who helps to improve your property and is not paid for his labor, services or material, has a right to enforce his claim against your property. Under the law, you may protect yourself against such claims by filing, before commencing such work of improvement, an original contract for the work of improvement of a modification thereof, in the office of the county recorder of the county where the property is situated and requiring that a contractor's payment bond be recorded in such office. Said bond shall be in an amount not less than fifty percent (50%) of the contract price and shall, in addition to any conditions for the perfor- mance of the contract, be conditioned for the payment in full of the claims of all persons furnishing labor, services, equip- ment or materials for the work described In said contract. . e DON STODOLA'S Well Drilling Co., Inc. Radio Dispatched Service Wells and PUlllPS - Sales and Service . . 15306 HIGHWAY 7 . MINNETONKA, MINN. 55343 938-2111 Office August 17, 1989 Amesbury Horreowners Association % Ken Carlson Dear Ken Carlson, Here is the price on the l~" IV'eter Valve for the irrigation well at the Amesbury Homeowners Association. If you have any further questions on the installation of the valve please feel free to call us. l~" Meter to Montor Well, with Labor, Fittings & Controls. $650.00 Sincerely, ~~ Richard A. Stodola Vice President RAS : jw . . Exhibit Lake Improvement Consulting, Inc. VI 7120 Valley View Road Edina, Minnesota 55435 (612) 944-2565 :i.....l t'1;..: t ~ ~ J...... , 19[;9 ~ _r Ken. C<.:.r ~::;o:'l ",4,1.ie30U:-::- ?o::eo....;:1er3 i.:_S~OC 431,.5 ?ei::'ent', ,:.;:.1:: 5hore~o'oo:', ~.~::-' 55331 JSG..r !:r :~~l.::o::, Thc..nl:: you of 1'907 ~ fer 'OS 10ur i~~ui~y reG~~dinc 0::' :.~our \.retlar:d. ~ ~~ 0- l",,I...;..... lori; ter):. efise t of t:.~: :-~o,~t~l"!.t ~ou ::.re ,::ell c::.':''3.re tiu:tt tte e=~sterlJ" portL'r.. of the are~ vias al_ost dr~- in the ::a11 0: 1938. A::;::.. re.::ult 0: the newly exposed ~:,-drosoil an::' ~~ud c::":'l~s, I observed a pl~nt s?ee~ec cha~ce i~ so~e ::..re~s froM aqu::..t~: to terrestia1, includ.inG' areas of newl:r SlJrouted l:-.-thruL:: s=:.lj,c!;.,,-ri::... llt~ou]~ ~ost of tjese e~er:er..t terrestial ~lants will not continue to tl::-iv'e Hiler: the s..rea is flood.ed, the enor:::ous Cl!'::ount of their bio-n::,ss eve:'lt::o.:;.11y becor.!es part 0: the or[Eanic 1:;;-:.rosoil build 1.:.p :::.n::1 ,-:ill :.:res.tl~- ::..ccele:-::..te t~e eutro~tic~tio~ ~ro:ess of t~e wetlan6. ~ltern~~e se~sonz 0: drc~:l:": ;::-.0. flood:"::: '.:ill ca".lse :::iz c~-cle to contir.ue. i!.lso ~ i::1 t~le l;,~'drosoil. ;\u tU!~~ of laG I observed cr~c~s and 6eh.::dr:;.t:..on of t~ese bottor' :i.sG~r.~s :..n J..l"" '"" ........ c.~:...:..!:.6 ",no:r,:r ;3e~son, :: feel t:.at tiese ::-i::s~res : J..y 11::..\-6 beco~:.e deep eno'.lcl~ to ;enetrc::. te t::e ,;a ~er seal and thereb:-i prevent U~e retention 0: Vl?" ter. If t:',e soils h~d continued for ~he long ter~ deleterious ef!ect of the above described obser7ations is obvious. In ~:; o;ji!"~ion, 0', sol1,;.tio!"~ to th:..s sit;.;.::..:io::-! ...-,ro1.4ld be to devise ::l ':13Y to recei'J'e :'.~cre ':::,t.~r fro:"~ tbe 'd2..ters::ec or oeyelo:; 3,n :;,ltern:'.te ':1:.'.-:er Gu~}:;l:-/ to :~.=~rj :Y..:>1.:.r ::2=.:..:.:ti::....1.1 ;.~..etl~..:::: -- ~l'..[~-:. . . ~ ;~nce:-~~y~ - /~!2~ -~.",.; 1j\,o..;~"'" ---... ...... -.....- ...;.... . . Exhi bit VII M ~ M 0 K H N DUM DE'.te ()8/ .1. () / E:'=? To GENE ZASKE - PRESIDENT - AMSBURY TOWN HOMES ASSN ~ t.. r- CI in }:::?"iRL. PCW:or-:;.:N\' - t:::ARLS LP,NDSC?"iF'I Nt; Subject: SOIL CONDITIONS - AMS8URY AREA AFTER YEARS OF LANDSCAPING IN YOUR /"\ 1.1_ .,R" Hf....c::..'...1 ~I I T I ~i !'"j"V DF I N I m..~ ( DUE TO ., YOUR SANDY SUBSOIL) YOU WILL LOOSE THE WATER IN YOUR POND IF YOU ALLOW IT TD DRY OUT. CRACKS WILL DEVOL.OPE IN THE HEAVY SOIL ON THE BOTTOM OF THE POND WHICH WILL BE DIFFICULT OR IMPOSSIBLE TO SEAL. THE "C'JC:C:'T J._'&....'_' i METHOD OF WATER RETENTION IS KEEPING THAT HEAVY SOIL MOIST. ,-. T', 'l:E27 () e-A ~::/-~/r~r7 i<. H t< L F' LI i<. [i r< t..,,: \{ DBA KARl_S l.ANDSCAF'ING 1. E: '~.:= (J 1- F~ CJ ....( 1._ i-'~ PLYMOUTH~ MN~ 55447 "\~"i"--;'~"~~~~""~~~~'.'.;'C~;~~ds.~:;~~~1~?r;,;,:~""",.., ....... 'C~;Q-~",'~'.~!ki~> .. ..' Environmental Protection".:<:,~';:',,::J;':Office:bLWater4';~~':: ...... ". ~ , i~: ~,.~. .>".1:r:~~~PrX'::r>.... ,~,:"': :?",~ ~:;"';-.;{z~:c~l~~:;~~;~:~~;~~ 2~,:~,O~. ". ',':'~ ' ~'~\:,,~ ',' --- - , '. "':'.:',:, . "h' "';":,.::.. ..>)~,~.';;';'i:r-.,..,~\~-"r-rp1t-r ;::.<'.~....~~ .....l."\~.;;.,,: : '::;:~ ' . ""'""'-' -2 ..-J I... ,:'.:..",,:. ~':.-:,". _'.1 1 ~ -, . ~ 1'1;1 ....,.. '.~ ~"": l~\l I ~ '1 ~ ~ " ) '~""~k;',:~... ,.~:if~\',' . ...... t" 2:J..rJ --.:. .' ,J, ,~<O," ~ 1 1 1 ~ , r-' 3 ~ (0" '\...:-.~" ]--.:.~~ .... '''-...c J __~':o4't ..... t,. ~ I ~. ""~'~':-r . . .:~:.) _ .".... 1-::\-=-"~':-:''-''~'-'':~O:",>;~4~~Y''~;.t.~;,,'2".T. ,.~Ff'i-<"'~(.I~;f>: ..::~.~~,:.~..,~ ;.~.;-t:_'..tl. : - .', G. ,':~~~.8'~7:'~,~~? ~~~'~~~?:'~.'~:;5,:~~ ,~~ ;:~ "'i):}~~~.~:tW~ F~(:E:illF:~~~X~i~,tti:~::{~\;~::.,~.:.;:~~:l~;t!r:(!?:t~~~~!~; :~i~ ~,,, ,,. - ~~, . "'-'-'''''', ...... ., j .}, fl' \ I ' , ;..A 'I l. t'l/:....< "", -. ~ ~ '.- ", -' . .~ ". .' , i<' .r . .....~::.:... -.I,':. "',.....~:-.. _'- ...:;., \ ,J \ -oJ : \. 1 i "j J j '~i~.....;;J! t \;. j-~:'''r';::y;/ ~!.,<;=:~:..\: i.~::~\. ::-:..~;:(.l;::;",::;:".:~_ -;::: $.1.../~l:.\;;... . ..<,., ~ -" I . '" ""''\'W''' --.~.\..- .w.--_........,.... ~hp..,.... T "'j::..t~.... ":""',. ,...:-'-.' ~.r.", n~.,.~ut,;:~'" '.' :~':./~:;.:;,~~~~~., ,.. c'::,: ~~~.:.:;~:rg:~.:~,f'~'~':>:"':,:>, ~~: :t.:-.;" ;~~'~ ~:TE't;;;;':.;Jit..:l,..kt'-~:'fir~~;-:' ~"1; "":"':'.';':"1.<"~'V::\~...t~~"'~"t":':~';:-i~ ~ i'\'~.r~ l' "4 :,~ 1 ':i J '-:(~.:l!ll! J :.;l~\.! ~~ ":-':',~.J.~~::;{!;:~'i:r;:~.'~~:,~~~~~~,:.~~;+: ~~ "'0:;; ::. '- ~");~:'- , ',~: ~~';/.::".J: -.;.. : "~':~~~~~~':-"" ';'\1i;,:~:~ .. ,<:~~J~. VIII l~\;fEPJCA'S . \;....7 ( rCn 1\ )N- i-r;~ Y L.1 1'""\l U\...J <'~ ..~ -;.~ -"-'';;' "Wetlands" is the collective term for marshes, swamps, bogs, and similar areas that often develop between open water and dry land. These wet areas can be found in everv county of every state in the United J States. If there's not a wetland in vour neighborhood, there's probably o~e nearby. In the past, wetlands were often regarded as wastelands-sources of mosquitoes, flies, and unpleasant odors. Most people felt that wetlands were places to be avoided, or better yet, eliminated. Largely because of this negative view, more than half of America's original wetlands have been destroyed. They have been drained and converted to farmland, filled for housing developments and industrial facilities, or simply used as receptacles for both household and hazardous waste. More recently, with our increased understanding of ecological processes, attitudes towards wetlands have changed. Scientists have discovered that wetlands are, in fact, valuable natural resources that provide many important benefits to people and their environment. Among other things, wetlands help improve water quality, reduce flood and storm damages, provide important fish and wildlife habitat, and support hunting and fishing activities. Wetlands are not wastelands at all; they are natural wonderlands. Reading this booklet will give you a better understanding of the importance of wetlands, how they are threatened, and what can be done to conserve them for future generations. ~ ___.~T ~<,..... " _ h . 1 ~ .. ....;.. ;....... '-.. '-',' .,' ,- <'-'_t' , EPA Involvement The Environmental Protection Agency (EP A), in partnership with state and local governments, is responsible for restoring and maintaining the chemical, physical, and biological integrity of the nation's water~. Because of the value of wetlands as an integral part of those waters, EPA is also charged with protecting wetland resources. The major federal regulatory tool for this is Section 404 of the Clean Water Act, which is jointly administered by the U.s. Army Corps of Engineers and EP A. Section 404 establishes a permit program to regulate the discharge of dredged or fill material into waters of the United States, including most wetlands. The . U.S. Fish and Wildlife Service and the National Marine Fisheries Service' haw important advisory roles in the permit review process. EP A recognizes that a truly effective program to protect our nation's wetlands must be supplemented by approaches other than Section 404 and requires the cooperation of federal, state, and local agencies; developers; environmental groups; the scientific communi tv; and others. Active citizen support a~d participation is an essential ingredient of such a program (see page 8). To provide leadership in building such a broad-based national effort, EP A established an Office of Wetlands Protection in 1986. 1 ~-- -. --.-...-.. '-',- \ 'i ---;- ,-, -~,C"' \,1 'f ,- ' i -\ '\'J! ; ........ ~- _ ~--'o. ~ , ~~"--) " -.- " ~ -'- '~"- --'" ~~--,.,..,..,....-.,...,.,...._--,.--....------~ - Alaskml wetlmld Wetlands are mostly semi-aquatic lands that are either inundated or saturated by water for varying periods of time during the growing season. In all wetlands, the presence of water creates conditions that favor the growth of specially adapted plants (hydrophytes) and prome ,e the development of characteristic hydric soil properties. * A wide varietv of \vetlands have formed across the countrv due to regional and local differences in vegetation, hydrology, water chemistry, soils, topography, climate, and other factors. In general, two broad categories of wetiands are recognized: coastal wetlands and inland wetlands. Coastal wetlands, as their name suggests, are found along the Atlantic, L:.5. r\\'5' . Norther/! shrllb bog Pacific, Alaskan, and Gulf coasts. They are closelv linked to our nation's estuaries,- where sea water mixes with fresh water to form an em'ironment of varying salinities. The salt water and the fluctuating water levels (due to tidal action) combine to create a rather difficult environment for most plants. Consequently, many shallow coastal areas are unvegetated mud flats or sand flats. Some plants, however, have successfully adapted to this environment. Certain grasses and grasslike salt-loving (halophytic) plants form extensive colonies called "coastal marshes." These marshes are particularly abundant along the Atlantic and GL;lf coasts. \langro\'e swamps, dominated by halophytic shrubs or trees, are common in Havv"~ii and in southern Florida. Seecage WetJarc on SlaDe Over;'C'N " Wet'ard 2 Overflow Wetianc Deoress!ora' Wetland Inland wetlands occur throughout the nation's interior. The'! are most common on floodplains along rivers and streams. in isolated depressions surrounded by dry land, and along the margins of lakes and ponds. Some even form at the upper edges of coastal marshes where salt-water influence ends. Inland wetlands include marshes and wet meadows dominated by grasses and herbs, shrub swamps. and wooded swamps dominated bv trees, such as bottomland hardwood forests along floodplains. Certain inland wetland types are common regionally, such as the pocosins of North Caroiina, bogs and fens at the northeastern and north-central states and .-\laska, inland saline and alkaline marshes and riparian wetlands of the arid and semiarid West, prairie potholes of :vIinnesota and the Dakotas, vernal pools of California, playa lakes of the Southwest, cypress-gum swamps of the South. wet tundra of Alaska. and tropical rain forests of Hawaii. >The federal regulations implementing Section -to'; define wetlands as "those areas that are inundatec: or saturated bv surface or "round water at a frequencv and duration su'tficient to support. ,lnJ that under normal circumstances do support, a pre\".:llence oi vegetation typicallv adapted ior life in saturated soil conditions." . . .--------=...._-----_.__.__.__.-...._..,............-~............~_.."':-........... I OJvid C.)(J~t'r . -r. :: ~ Prairie pothole ccetlallds-/Jreedillg grollnds tt)}" over 50 percellt of North A mer/mil il'ntcmJ7(1/ Atlalltic cons tal marsh :~.::i~n Tinl..'f 3 \VEliAl'\JD V~UES . E:.,~_:~~.~~:.t~~~~:;:~w.r_:~~~-:.~~-~~~:~~~r~~r~:~_~.~"E~~>>~~~~~~~;;~~:;'t"!:~~~::i'::1i;::~:'~}f::',~~t~~~~~~~:fr~~~3~f..~1~J~~~~~:i~~~:--" In their natural condition, wetlands provide many benefits incl~ding: food and habitat for fish and wildlife; water quality improvement; flood protection; shoreline erosion control; natural products for human use; and' opportunities for recreation and ' aesthetic appreciation. Each wetland works in combination with other wetlands as part of a complex, integrated system that delivers these benefits and others to societv. An assessment of thevalue of any specific wetland must take this critical interrelationship into account. Fish and Wildlife Habitat Wetlands are critical to the survival of a wide variety of animals and plants. For man"y, like the wood duck, the muskrat, the cattail, and the swamp rose, wetlands are primary habitats-the only places they can live. For others, such as striped bass, peregrine falcon, and deer, wetlands are not primary residences but do provide important food, water, or cover. Moreover, a number of rare and endangered species depend on wetlands for survival. Coastal wetlands are especially important habitats for estuarine and marine fish and shellfish, various waterfowl, shorebirds and wading birds, and several mammals. Most commercial and game fish use coastal marshes and estuaries as nurserY and/or spawning grounds. Menhaden, bluefish, flounder, sea trout, spot, salmon, croaker, and striped bass are among the more familiar fish that depend on coastal wetlands. Shrimp, oysters, clams, and blue and Dungeness crabs likewise rely on these wetlands. Inland wetlands are also valuable fish and wildlife habitats. Most freshwater fish feed upon wetland-produced food and use wetlands as nursery grounds. Most of the important recreational fish spawn in wetlands. A variety of bird-life-ducks, geese, redwinged blackbirds, and a large number of other songbirds-feed, nest, and raise their young in inland wetlands. Muskrat, otter, and beaver are some of the more familiar wetland mammals, but others, like deer, use wetlands for food and shelter. Black bear find refuge and food in forested and shrub swamps in many areas. Altogether, wetlands are among the most productive natural ecosystems in the world. They can be thought of as the "farmlands of the aquatic environment" since they produce great volumes of food (plant material). The major food value of wetland plants comes when the plants' dead leaves and stems break down in the water to form small particles of organic material called "detritus." This enriched material is the principal food for many small aquatic invertebrates, various shellfish, and forage fish that are food for larger predatory fish, such as bluefish and striped bass. These larger fish are, in turn, consumed by people. Thus, wetlands provide an important source of food for people as well as for aquatic animals. --~-1 .~ ~haden ~ ~,..':' ~ ...",'" GfassShri~~ , ~ Sheepshead Minnow ~ "-'~ ))"'- Weakfish Water Quality Improvement One of the most important values of wetlands is their ability to help maintain and improve the water quality of our nation's rivers and other water bodies. Wetlands do this bv removing and retaining nutrients; processing chemical and organic wastes; and reducing sediment loads to receiving waters. Wetlands are..... particularly good water filters. Due to'. their position between upland and deep water, . wetlands can intercept surface-water runoff from land before it reaches open water,'They also can help filter nutrients, waste, and sediment from flood waters. America's future depends in large part on our water resources, and protecting wetlands is vital to restoring and maintaining good water quality. Flood Protection '" Wetlands have often be~n referred to as natural sponges that absorb flooding waters. They actually function more like natural tubs, storing either flood waters that overflow riverbanks or surface water that collects in isolated depressions. By doing so, wetlands help protect adjacent and downstream property from flood damage. Trees and other wetland vegetation help slow the speed of flood waters. This action, combined with water storage, 'can lower flood heights and reduce the water's erosive potential. In agricultural areas, wetlands can help to reduce the likelihood of flood damage to crops. Wetlands within and upstream of urban areas are especially valuable for flood protection, since urban development increases the rate and volume of surface-water runoff, thereby increasing the risk of flood damage. Coastal wetlands annually produce milliolls of tons of detritus that support importmzt fish and shellfish 4 Muskrat lodge ill illlalld marsh c.s. FWS Shoreline Erosion Control Wetlands are often located between rivers and high ground and are, therefore, in a good position to buffer shoreland against erosion. Wetland plants are important in protecting against erosion because they increase the durabilitv of the sediment bv binding soil 'with their roots, and they dampen wave action and reduce current velocity through friction. So significant is the erosion control function of many wetlands that some states are recommending the planting of wetland vegetation to control shoreline erosion in coastal areas. . !~~~~';~;~~~.~~:~,~~~_~~~~~~~':~;~;"~~i~'~~:t~;:f!~";t€:~~~~~_ Much commercial fishillg depends Oil wetlallds. Wet/mId loss call illcrease floodillg. Kelly Drake Natural Products A wealth of natural products are produced by wetlands. Those available for human use include timber, fish and shellfish, wildlife, blueberries, cranberries, and wild rice. Much of the nation's fishing and shellfishing industries harvest wetland-dependent species. For example, in the Southeast, 96 percent of the commercial catch and over 50 percent of the recreational harvest are fish and shellfish that Steve Del.an~y depend on the estuary-coastal wetland system. Each year, the U.s. commercial fisheries harvest is valued at more than $10 billion. Wetlands also produce fur-bearers like muskrat, beaver, and mink. The nation's harvest of muskrat pelts alone is worth over $70 million annually. Waterfowl hunters spend over $300 million annually to harvest wetland-dependent birds. Recreation and Aesthetics Through the centuries, painters and writers have sought to capture the beauty of wetlands on canvas and paper. Today, such artists are often joined by others with cameras and video and sound recorders. The observation and photography of wetland-dependent birds, alone, entice an estimated 50 million people to spend nearly $10 billion each year. But it doesn't take an artist or avid hobbyist to appreciate these wonderlands. Wetlands provide endless opportunities for popular recreational activities, such as hiking, boating, and swimming. Almost everyone likes being on or near the water, and the presence of so many fascinating lifeforms makes any wetland an especially enjoyable natural treasure. 5 . . STATUS A1"1DT~LNDS ~"' , _,... rJH ~-"""_~ '. ......'~. .....:,;...'. I .y', ..- -r:- :'-~ . ~ . . --~ ,- .:~~.. ~~_c~';_.'-':~_-:f''':=~''';'~~~:'~:,,~~~'~, !~'~:-;~:!.}~,; ~:j~:. ~ ....::~ -. ~~ ~">-:::.~(~;:::t.~~;.?;. ;:+;;:;.~:,,'::;:i1~::2~i :4':::r'~~;'t~:; ";~~:\..~j:i;1<":i.:':jt;;'~:'- <~' Current Situation According to recent estimates, the lower 48 states had 99 million acres of wetlands in the mid-1970s. This amounts to an area equal to the size of California. An additional 200 million acres of wetlands are estimated to exist in Alaska-covering slightly more than half of the state-while Hawaii has less than 100,000 acres. Next to Alaska Louisiana and Florida have the largest wetland acreage. Extent of Wetlands in the Lower 48 States 50 en QJ t; 4C::: o en c: ~ 3C~ 49.7 28.4 .0 20 " en .cen ~ Vlc. "0 en ~.g "OE "0 c: _"0 i5~ e:", C]) .!!l", ",e: .!!l:;: 'iii e: "0 u;~ ro:::E SVl 2:' - e: 10 ~ '" ~Qj :::Ea; 10.6 0'" C])~ uS u.."O 6~ -gs e: "0'" C:~ "'"0 "'c]) 5.0 :5ffi .ES Trends It is estimated that, in the 1600s, over 200 million acres of wetlands existed in the lower 48 states. Since then, extensive losses have taken place, with many of the original wetlands drained and converted to farmland. Todav, less than half of our original wetiands remain. Recent trend estimates show that wetlands are being lost at an alarming rate. Between the mid-1950s and mid-1970s, about 11 million acres of marshes and swamps were destroyed. This amounts to an area three times the size of New Jersey. The average annual loss was -!58,000 acres (-!-lO,OOO acres of inland wetlands and 18,000 acres of coastal wetlands). Agricultural drainage of wetlands was responsible for 87 percent of the losses between the mid-50s and mid-70s. Agricultural activities had the Original and Remaining Acreages of Wetlands in the Lower 48 States . greatest impact on forested wetlands, inland marshes, and wet meadows. Urban development and other development were responsible for 8 percent and 5 percent of the losses, respectively. Urban development was the major cause of coastal wetland losses outside of Louisiana, while submergence of Louisiana's coastal marshes by rising Gulf waters was the leading factor in that state. In addition to the direct physical destruction of wetlands, these habitats are threatened indirectly by chemical contamination and other pollution. In recent times, the most extensive losses of wetlands took place in Louisiana, Mississippi, Arkansas, North Dakota, South Dakota, Nebraska, Florida, and Texas. These and losses in other states have greatly diminished our nation's wetland resources, which means we no longer have the benefits they once provided. For example, we have recently witnessed increased flood damages and declining waterfowl populations which are, in part, the result of wetland destruction. Major Causes of Wetland Loss and Degradation. Human Impacts . Drainage . Dredging and stream channelization . Deposition of fill material . Diking and damming . Tilling for crop production . Grazing by domesticated animals . Discharge of pollut~nts . Mining , . Alteration of hydrology Natural Threats'" . Erosion . Subsidence . Sea level rise . Droughts " . Hurricanes and other storms . Overgrazing by wildlife Relative Abundance of Wetlands in the U.S. o Less than 5% 05.15% o 15.25:0 III Greater than 25% 0, <> Data presented in these charts were taken from Wetlal/ds of tire UI/ited States: Currel/t Status and R.ecent Trel/ds, published by U.S. FWS, Dept. of the Interior. 6 . .~.."'?".. . . , '.~~:'~'";i,~-:.: .-::{:::.:~ ;.:c~:-,~~:~ '.] ":2iJ-::'<t?~f:c/~7/!':~~'-:-/"'~> .::... ~-.~~~:' Coastal residential development in the 19605 K.lly Drake Al Dole '-,-? ", ~;- ~:.", . :..:,~~::':':':.~-i:~:>~ .":~ . . Development pressures continue. Delaney ---- .~ . '..... 7":"~~~_~__ _""':'-__.9~~'''''~~'' - ~~~f~J:~~:; ~~ Excavati011 alld filling operations Dumping grounds Rick ~e\\'ton 7 ..........- -- .... './ /-- - ----..........-, I, \: '_: ,-" '''- 'I l ...:......,., J. _.... - 'j ~, '--" Government Protection Mechanisms There are various approaches to ~vetlands protection by governments. mcluding acquisition, economic incentives, and regulation. Acquisition involves purchasing wetlands or easements on wetlands and establishing wildlife refuges, sanctuaries. or conservation areas, This appr?ach is also used by private conservatIon organizations. . Governments can also provide economic incentives to private landowners and industry to promote wetland preservation. For example, under the federal tax code, landowners who sell or donate wetlands to a government agencv or a qualified conservation organization can claim the value as a charitable deduction. In contrast, some government pr09rams have actually encouraged wetlan~ destruction by reducing the costs ot conversion to other uses. In recent years, Congress has passed a few laws that create economic disincentives to wetland destruction, One example is the "Swampbuster" provision of the Food Securitv Act of 1985. It seeks to discourage the further conversion of wetlands to farmland by el~minating most farm program benefits for anyone who produces crops on wetlands converted atter December 23, 1985 (the date of the law's enactment). While acquisition and economic incentive/disincentive programs are important, they alone cannot protect the majority of our remaining wetlands and the public values wetlands provide. Therefore, government programs to regulate activities in wetlands are also needed. Section -104 of the Clean Water Act establishes the major federal program that regulates activities in wetlands. Under this law, the discharge of dredged or fill material into waters of the United States-including most wetlands-requires a permit from the Army Corps of Engineers. Failure to 11btain a permit or to comply with the ~erms of a permit can result in civil s ~. l:~ .~--......--:-- .~-r ...-.... -, ~ .__'_:' ~ 1_ ! .: ! ( ': 1'- : I :'.' ,I!! \" " ~ ..... \....J ..;. J....... '-' J.. ..:. "-/..:.. 1 and/or criminal penalties. The Corps issues a public notice of a permit application to inform citizens and government agencies, including EPA, of the proposed project and to solicit public comment. The Corps evaluates permit applications based upon two standards: regulations developed by EP A in conjunction with the Corps (known as the Section -10-1(b)(1) guidelines) which set the environmental criteria for permitting projects in wetlands; and factors to determine if the project is in the public interest. It is important to recognize that the Fred Knapp Section 404 program is not a comprehensive mechanism for wetl;mds protection. For example, some activities that can damage and even destrov wetlands, such as drainage and ground-water pumping, are often conducted without discharging dredged or fill ma terial into waters of the United States, and thus are not regulated under Section -10-1. Regulation of wetlands is certainlv not limited to the federal level. Over the past three decades, numerous states have enacted laws to regulate activities in wetlands, and some towns have adopted local wetlands protection ordinances. Most coastal states now have laws to protect coastal wetlands which have significantlv reduced losses of these wetland'types. However, fewer than 20 states have ~aws specifically regulating activities in mland wetlands. Where they exist, . su~h. l~ws often regul.lte only specific actIVItIes or apply only to certain wetland types or to wetlands above a given size. Private Protection Options Despite the efforts of governments and private conservation organizations, pressures to degrade and destrov wetlands will continue as demand for land for development increases. Even if losses were controlled, the insidious problem of degradation of wetlands from pollution, urban encroachment, ground-water withdrawals, partial drainage, and other actions still requires attention. Many opportunities exist for private citizens, corporations, government agencies, and others to work together to slow the rate of wetland loss and, where necessary, to improve the quality of our remaining wetlands. First, states and local governments need to establish programs to ~ffectively protect wetlands-especially mland wetlands-within their borders. Second, because individual landowners and corporations own many of the nation's wetlands, thev are in a key position to determine the fate of wetlands on their properties. Finallv, everv citizen, whether or not they own wetlands, can help protect wetlands by supporting any number of wetland conservation initiatives. Citizen participation in wetlands protection is essential to success. Some options for private citizens to improve the status of wetlands are: . Rather than drain or fill wetlands, seek compatible uses imnlving minimal wetland alterativn, such as waterfowl production, fur harvest, hav and forage, wild rice production, . hunting and trapping leases, and selective timber harvest. . Select upland sites for development projects rather than wetlands, and avoid wetland alte'ration or degradation during project construction. . Donate wetlands, or funds for p~rchasing wetlands, to private or public conservation agencies. . \l.:Iintain \vetlands and adjacent butter strips as open space. . Construct ponds in uplands and manage for wetland and aquatic species. . Support various wetland conser':ation initiatives by public agencies and private organizations. . Purchase federal duck stamps from your local post office to support wetland acquisition. . Participate in the Clean Water Act Section 40-! program b:/ reviewing public notices and, in appropriate cases, commenting on permit applications. Additional information concerning wetlands protection can be obtained from the EP A regional offices listed on the back of this booklet. Wetlands are an important part of our national heritage. Our economic well-being and our quality of life :lre largely dependent on our nation's wealth of natural resources, and wetlands are the vital link between our land and water resources. As \vetlands are lost, the remaining wetlands become even more valuable. We have alreadv lost over half of our nation's wetlands since America was first settled. \Ve must now take positive steps to protect wetlands to ensure that the values they provide will be preserved for future generations. . . \ ~ : ~: :" . U.S. Environmental Protection Agency Regions Regional Offices EP A Region 1 JFK Federal Building Boston, MA 02203 (617) 565-3424 Connecticut, Massaclzusetts, Maine, New Hampshire, Rhode Island, Vermont EP A Region 2 26 Federal Plaza New York, NY 10278 (212) 264-2515 New Jersey, New York, Puerto Rico, Virgin Islands EP A Region 3 - 841 Chestnut Street Philadelphia, PA 19107 (215) 597-9370 Delaware, Maryland, Pennsylvania, Virginia, West Virginia, District of Colll/nbla EP A Region 4 345 Courtland Street, NE. Atlanta, GA 30365 (404) 347-3004 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Ten nessee EP A Region 5 230 South Dearborn Street Chicago, IL 60604 (312) 353-2072 ll/inois, Indiana, Michigan, Minnesota, Ohio, Wisconsin EPA Headquarters 401 M Street S W. Washington, DC. 20460 (202) 382-5043 EP A Region 6 1445 Ross Avenue Dallas, TX 75202 (214) 655-2200 Arkansas, Louisiana, New Mexico, Oklahoma, Texas EP A Region 7 726 Minnesota A venue Kansas Citv, KS 66101 (913) 236-2S03 Iowa, Kansas, Missouri, Nebraska EP A Region 8 One Denver Place 999 18th Street, Suite 1300 Denver, CO 80202 (303) 293-1692 Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming EP A Region 9 215 Fremont Street San Francisco, CA 94105 (415) 974-8083 Arizona, California, Hawaii, Nevada, American Samoa, Guam, Trust Territories of the Pacific EP A Region 10 1200 Sixth Avenue Seattle, W A 98101 (206) 442-1465 Alaska, Idaho, Oregon, Washington . Information on wetlands can also be obtained from: Director U.s. Fish and Wildlife Service Department of the Interior Washington, DC 20240 Regulatory Branch, CEC~-OR U.S. Army Corps of Engmeers 20 Massachusetts Avenue, NW. Washington, DC 20314-1000- Assistant Administrator for Fisheries National Marine Fisheries Service Department of Commerce Washington, DC 20035 For copies of wetland maps, call 1-800-USA-MAPS. , " ( , l, ...,. \() \ \ . ................ . . e " .......... -- ~ '- ~~,,~.._---_.. -) :;: -- ~--.... " ~ - - . , _ _H _ ~ . ~~, : \....... ; ..... \ " " ',:- . " I . ~::~~::~~~ ~\\\\ :' . I . ~:~'~~~\' \ //';: . / J / " . ~~~;~,.~,. / /~. 1",- '\ ~-~~:~::>, /~ i ~ "'-- I ',- "-', <//. / ij} ) ~~-, '''~~ ~~ 1/~/(f . ~~ ~--- ~~~~~i~~"~A ~~/:"'~'t\ .... -- ""'b'A1 - d',. . /--'l ~ . ; \"'_ t\i X -;-- - ____ ~1'V..;;}5>9V Q'> h.. ,\ '..""- \ l_.:-~, ' .,g { -------.: ~ VI~P'" _ ':.,.~. \_: ',' . ~ __1 .....- 1\ ....---- ~~. _/~ . \: ~ ..---...h__.___- __ . / r...-.....-. " .' . \, ''\-v \\ // -I- /~ .~ . . -./ ~ . ~ ~. . '. ~ ~ \ \ ( ~. ----- --- -..--------- --1- -_.... --- - - - - - ..:!d'...... -- ,.. ,.. I # ~ ~ z~ ~ u en i W CD' " ~ -': ~ 51" CL 0). t- +-ro u Z 2-' LiJ- <1J 2' :20 c 0 ct. If) ~ 0.." L ~ -,.-- 0 W .P2 5 > ru f2 w S.II) 02 - ~.. a~ 0"' ~~ Z-n- C 1..l.1 : v'- VI:i <( 8 (J'\ .J ~ ..J '"0 ~ ~ L.... '5 z ",_ w> L ~1 3:~'"O z~ o (1) I ~~ >--e c .:;. n:: (f) cg~ ~ ' :J Cr- Q) <( ~ COO/"'\.r-g U) ..u ~~ III ~ Z l" Zn. ~.." 'I ~; ., ... I'. i ,. . ., . " /\. I . Orr Schelen Mayeron & Associates, Inc. . 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners August 23, 1989 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Brad Nielsen City Planner Re: Harding Acres Third Addition Shorewood, Minnesota OSM Comm. No. 4468.00 Dear Brad: We have reviewed the information submitted for Harding Acres Third Addition. From an engineering viewpoint we have the following comments: 1. The centerline grade of the proposed street extension into the cul- de-sac should be a minimum of 1%. Currently it is shown on the drawing as 0.60%. This must be changed. 2. There is a reference in the specification about allowing the Contractor to build a block manhole. This will not be allowed. The manhole must be precast with an integral base and an extruded boot to insure a water tight connection betwp.en the manhole and the 8" P.V.C. sewer pipe. 3. The typi ca 1 section on the street is not shown. It shoul d conform with the other street sections in the plat which are as follows: A. 1 1/2" 2341 Bituminous Wear Course B. 3" 2331 Bituminous Base Course C. 6" Class 5" Aggregate 100% crushed 4. The bituminous curb must be an intergral shoe formed curb. This is a very small extension of the existing Harding Lane Street. However it must be constructed with the same specification requirements and quality control as any other project. Items not covered by the 1?1t . . City of Shorewood August 23, 1989 Page 2 brevity of the specifications prepared by Sherman Goldberg & Associates must be installed in accordance with the Minnesota City Engineers Association of Minnesota (CEAM) Standard Utilities Specifications. If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. C?1CUYn.u> jJ t)0t1utv en, u..J James P. Norton, P.E. City Engineer JPN/cmw 08/89-69 cc: Mr. Glenn Froberg, City Attorney Mr. Phil Tipka, Resident Inspector Mr. Sherman Goldberg, Sherman Goldberg & Associates \ . . 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 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 23 AUGUST 1989 RE: HARDING ACRES 3RD ADDITION - FINAL PLAT FILE NO.: 405 (89.02) Anne Stover requests final plat approval for a three lot division located between Smithtown Road and Harding Lane. The plat is consistent with the preliminary plat which was approved in February of this year. Since the plat involves street and sewer improvements. the City Attorney has prepared a standard development agreement for the project. The City Engineer addresses the applicant's plans and specifications under separate cover. It is recommended that the plat be approved subject to the applicant signing the development agreement and filing it. together with the plat. within 30 days of his receipt of the Council resolution approving the plat. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton Kathryn Johnson A Residential Community on Lake Minnetonka's South Shore 13B . . RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAT OF HARDING ACRES THIRD ADDITION WHEREAS, the final plat of HARDING ACRES THIRD ADDITION has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood: (1) That the plat of HARDING ACRES THIRD ADDITION is hereby approved. (2) That the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement attached hereto and made a part hereof. (3) That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the said Development Agreement on behalf of the City Council. (4) That this final plat shall be filed and recorded within 30 days of the Developer's receipt of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 28th day of August, 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk Roll Call Votes: Ayes: Nays: . . CITY OF SHOREWOOD RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEl--IENT HARDING ACRES THIRD ADDITION THIS AGREEMENT, made this _ day of , 1989, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and ANNE STOVER hereinafter referred to as the "Developer". WHEREAS, Developer has an interest as fee owner of the lands described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, Developer has made application under the City Subdivision Ordinance for City Council approval of a single-family residential development plat of said land, said plat to contain approximately 82,016 square feet divided into 3 lots, and to be known as HARDING ACRES THIRD ADDITION; and WHEREAS, the City Council by its resolution passed on February 13, 1989, has approved the preliminary plat of the Subject Property; and WHEREAS, Develper has made application to the City to be allowed at Developer's expense to construct a surfaced cul-de-sac at the south end of Harding Lane, sanitary sewer facilities and underground electric, gas and telephone service lines to all lots approved by the City, all of the foregoing hereinafter sometimes referred to as the improvements. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the final plat of HARDING AC RES THIRD ADDITION, attached hereto and made a part hereof as Exhibit B, the City and Developer agree as follows: 1. IMPROVEMENTS INSTALLED BY DEVELOPER. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the improvements consisting of the following improvements: (a) Street grading, stabilizing and bituminous surfacing; (b) Integral shoe formed bituminous curbs and gutters; (c) Sanitary sewer mains; It is understood that underground utility lines, including gas, electric, and telephone, shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. -1- . . 2. PRE-C ONST RUCTION MEETING. Prior to the commencement of construction, Developer or its engineer shall arrange for a pre-construction mee.ting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. 3. STANDARDS OF CONSTRUCTION. Developer agrees that the improvements set forth in Paragraph 1 above shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of the said work shall be subject to final inspection and approval by the City Engineer. 4. HATE RIALS AND LABOR. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 5. SC HEDULE OF WO R K. Developer agrees to provide a written schedule for the construction of said improvements set forth in Paragraph 1 above indicating the proposed progress schedule and order of completion of all work covered by this Agreement. It is understood and agreed that the work shall be performed in one phase to be fully completed by , 1989. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. 6. CUL-DE-SAC AND SANIT AR Y SEWER FACILITIES. a. Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of sanitary sewer facilities in said plat, and street, curb and gutter improvements within and outside of the plat, said plans and specifications to be subject to the final approval of the City Engineer. b. As-Built Plan. Within sixty (60) days after the completion of construction, Developer shall cause its engineer to prepare and file with the City a full set of "as-built" plans, including a mylar original and two (2) black line prints, showing the installation of the foregoing improvements within the plat. c. Easements. easements from abutting the improvements within easements to the City. Developer, at his expense, shall acquire all property owners necessary to the installation of the plat, and thereafter promptly assign said -2- . . d. Pre-existinq Drain Tile. All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 7. STAKING, SURVEYING AND INSPECTION. . It is agreed that the Developer, through his engineer, shall provide for all staking and surveying of the above-described improvements. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection. 8. GRADING, DRAINAGE, AND EROSION CONTROL. Developer, at his expense shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 9. ACCESS TO RESIDENCES. Developer shall provide reasonable access, including temporary grading and graveling, to all residences under construction in the plat until the streets are accepted by the City. 10. OCCUPANCY PERMITS. The occupancy of any structure on any lot within said plat shall be prohibited by the City until municipal sanitary sewer shall have been installed, tested, and available to serve the lot for which the building permit shall have been issued. 11. FINAL INSPECTION. Upon completion of the improvements set forth in Paragraph 1 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 12. CONVEYANCE OF IHPROVEHENTS. Upon completion of the installation by Developer of the improvements set forth in Paragraph 1 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 13. REPLACEMENT. All work and materials performed and furnished by the Developer, its agents and subcontractors, pursuant to paragraph 1 above, which are found by the City to be defective within one year after acceptance by the City shall be replaced by Developer at Developer's sole expense. -3- . . . 14. RESTORATION OF STREETS AND PUBLIC FACILITIES. Developer shall restore all City streets and other public facilities disturbed or damaged as a result- of Developer's construction activities, including sod, with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 15. REIMBURSEHENT OF COSTS. Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City from time to time in connection with all matters relating to the administration and enforcement of this Agreement and the performance thereof by the Developer. Such reimbursement shall be made within thirty (30) days of the date of the City's mailing of each notice of costs to the address set forth in Paragraph 22 below. 16. CLAH-IS FOR NORK. The Developer or his contractor shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work done or materials furnished by the contractor without such written order being first obtained shall be at his own risk, cost and expense. 17. LETTER OF CREDIT. For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in Paragraph 1 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer shall pay all claims for work done -and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The said deposit or letter of credit may be reduced in amount at the discretion of the City upon acceptance by the City of the various individual improvements but in no event shall such letter of credit be reduced to an amount less than 100% of the total cost of said improvements. At such time as the improvements have been accepted by the City, such letter of credit may be replaced by a maintenance bond. 18. LIABILITY INSURANCE. The Developer shall take out and maintain during. the life of this Agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as co~insured on said policy and the Developer shall file a copy of the insurance coverage with the City. -4- . . Prior to commencement of construction of the improvements described in Paragraph 1 above, Developer shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. 19. LAWS, ORDINANCES, REGULATIONS AND PERHI'I'S. Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Hinnesota, and the Hinnehaha C reek Watershed District before commencing development of the plat. 210. SEWER ASSESSlvIENTS. The original assessments against the property for sanitary sewer are in the amount of $ Developer acknowledges that as a newly platted development of 3 lots, additional sums may be assessed against the property as equalization charges pursuant to Shorewood City Code. Developer agrees to accept and pay all such charges to the City in accordance with Shorewood City Code, together with all previous assessments against the property, provided full credit is given to the Developer for all prior payments made by the Developer or its predecessor on account of said assessments. A schedule of such charges is set forth in Exhibit C, attached hereto and made a part hereof. 21. PARK FUND PAYHENT. Developer shall, at the time that final plat is approved, make a cash payment to the City in the sum of $1,101010.1010 for the Park Fund. 22. NOTICES. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. T he City and the Developer by wr~tten notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 To the Developer: Anne Stover 252710 Smithtown Road Shorewood, MN 55331 23. PROOF OF TITLE. Developer shall furnish a title opinion addressed to the City issued by the attorney for the Developer, which opinion shall guarantee that Developer in fact has a fee ownership of the subject property and the right to enter upon the same for the purpose of -5- . . developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the requirements of this Agreement that he shall forthwith notify the City of such change in ownership. 24. DISCLAIMER BY CITY. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvements hereunder; and that the Developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 25. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, if any, which Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. 26. DURA TION OF AGREEMENT. This Agreement shall remain in effect until such time as the Developer shall have fully performed all of his duties and obligations under this Agreement. 27. REMEDIES UPON DEFAULT. a. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause the improvements described in Paragraph 1 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. -6- . . b. Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: ( 1) the cost of completing the construction of the improvements described in Paragraph 1. (2) the cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (3) the cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. c. Leqal Proceedinqs. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 28. HEADINGS. Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 29. SEVERABILITY. In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 30. EXECUTION OF COUNTERPARTS. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 31. CONSTRUCTION. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 32. SUCCESSORS AND ASSIGNS. It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. -7- . . IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF SHOREWOOD Anne Stover Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk -8- . . ST A TE OF MINNESOT A ) ) ss COUNTY OF HENNEPIN ) On this _ 'day of , 1989, before me, a Notary Public within and for said County, personally appeared Jan Haugen and Sandra L. Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Jan Haugen and Sandra L. Kennelly acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ) ) ss ) COUNTY OF HENNEPIN On this __ day of , 1989, before me, Vlithin and for said County, personally appeared Anne stover, described in and Hho executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. Notary Public -9- . . E X 11 I B 11' fI. LEGfl.L DESCRIP1'ION OF SUBJECT PHOPERTY That p.:l.r.t ()f Lot 1, Ball's Addit inn to Eun?k<l nnr! nf. Lot 18, Auditor's Subdivisi.on One Ih.ln(h:(~d 'lhir.ty-thre~ (133) in I:hp. County of Ilennepin and Stat~ of t1innesota l'linp, East(~r1.y of a ] lne drawn paraUel with the Eas terJ.y linp. oF. said Hal L '!'l Additi.on to Eureka frnm a point nn r:hp. Nnrl:her.1.y r.ip,ht of. WflY linl;! of Smithtown R'.lad distant 250 fpet \Vp.st,~r-l..v of the intersection of ~rtid right of \-lCly line \"it:l1 the EASt: J ine or ::;flirl int lH, Srlid pat:"al.lel line hp.rp.inafter r.efecred to as Li.np. A, and lying Southerl.y of a li,w r1rmm at rt~ht ;mp,lp.s to !'lniel Lim~ A from a p('int thp.reol1 d iRtflnt 320 feet North oF. thf! said Northerly r.ip.ht of way line of. Smitht()\"Tn Hoarl, accordinf! to tht" pl.ats th~n?or: on file (Ie of n~conl in the OF.l:icp. of the R(?vir;ter. of lJepdr; in and I'n,- ::;;1id COllnl"'!_ ., .-. . 0 :;:::.: ~ .... i...l :":.., '..:.- -'> -, '::.{ I ...... ...... I I 50 . : ;Poo 0 0 0 III . " . ~I'.- :,' r....: ;--.; ,". I", P. i~: I... 88"31'57"e 232.84 172.84 ....... " l I ":." I ..... C: 1 (i:: I > I ~ I..; !!? ;~'.~ I fl.) ::::: I (r) I r~"; I - j'<':'1 -'- -- .:::. N 74.00 r- _ 83.02'57'101 ---l "" !'.. . ":to - ;<t .. ~ <t >c ... II: :> ... ~ z 0 .... 0 c- <t \D 0 0 .'11 ~ 0 ci ..J It) ..J .., <II <t .... lD X - . (5 0 lTl-, 0.., .. . <II ~ aI N " .. ..... .. 0 .. z .. : ~ 's .!! ~ .. ~ .. ~ "::''':', ............ . . ...<....::... . . ....... ..... 3 . .... " ,0 '0,' ~'" " ....,:.. 2 -. <t.!'"'' <t >C. ... 11:. :> .... O. .... z. o i:' o. o <to (/) '..J . ..J <to lD ..~...:: I C~= I C:, I t.... I I". ,~..! I --'0 ".., I I~'.:r. (,.; I '0'1 ....-:..::..1 ,.,0,\ \.1..: I I I I ,0. '0' .,' I - .. .. .!; ,.( .... .. .. ... L i..... :l" :'0, ....,. I , . ... I , '.. ~.}:. .... ~ ,.... .... o u::. z ..... z o "-iij 01- .> Ci)- ..,0 lD :> (/) W . (/) lTllI: lTlo . .... N_ InO . :> ~ <t 'ti': en ~.. .... o ..J 0 01 ~ ui ....! ... .. N .!; ~ OJ " ... .-~. :.:- Beino lines I o 2 0 40 ~ SCALE IN o Denotes iron TL SSOCI, . ..... Land Sll Utility and Drainage Easer 2 L I I J L 10 feet in width on a s shown on the i NOTE: The east line of lot SUBDIVISION NO. 133 is ass S 020 52' 33" E J-'. .... ----- '~-, -~. EXHIBIT B I E.' f....f F? C' i<.:',..::\ , ./\ LJ!.') f T() F:{' '.~:.::.;' ...... f.... '" . r..~, " - · Q~ 1$':\' ,.. ~ , ~ ,: ':". 4i~ , ,,', ",/'~ . .: ~r ;' ~~'. &:Iii. ., . !It.. Orr Schelen Mayeron & Associates.lne. . I, Cc. August 21, 1989 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners Minnehaha Creek Watershed District P.O. Box 387 Wayzata, MN 55391 Attn: Mr. Jim Mahady Re: Glen Road/County Road 19 Hydrologic Analysis City of Shorewood OSM Comm. 'No. 1744.84 Dear Mr. Mahady: This letter is in response to a letter from your office dated July 25, 1989 indicating "that the Managers consider the preliminary study to be complete" and "that the additional work referred to in OSH's letter of May 22, 1989 would be best completed during the design phase". The City of Shorewood has asked me to send this letter in an attempt to clarify the work remaining and who will be doing it. At the special meeting of April 3, 1989 you pOinted out that your plan must be considered prel iminary pending field checking of actual conditions and preparation of more detailed engineering drawings. When one of the property owners indicated their house wasn't shown on the topography maps you stated "problems such as this will be field checked and the final plan will be modified to correct them". As another home owner stated, "he was unwilling to sign an easement on the basis of a preliminary study. The feeling was that once the field work was complete you would be able to prepare a final report. When we responded to the City of Shorewood's request for a cost estimate to do the field work it was stated in our April 6, 1989 letter that "upon completion of the drafting of the map, it will be submitted to Hickok and Associates, Engineers for the Watershed District for re-evaluation and definition of the ponding areas". Once you reviewed the updated topographical mapping and verified the ponding locations and sizes the remaining work could proceed. However, if someone else now has to take the new topographical maps and run through the hydrologic analysis it will be like starting over. Its not that it couldn't be done but it would be a duplication of effort. The c~\ . ( '-V.~ " 1, ,.......'-........-"'\ ~:..I i. C'...i' .<"tt . r'~~'- ~ I " /5 & .- / ,. " . ~ . . Minnehaha Creek Watershed District August 21, 1989 Page 2 City of Shorewood feels that to be able to proceed with obtaining easements and preparing plan/profile drawings for pipe work a final hydrologic analysis must be prepared by your office. If you have any questions, please call. Respectfully, ORR-SCHElEN-MAYERON & ASSOCIATES, INC. ~ -(: 7J~ James P. Norton, P.E. City Engineer JPN/cmw 08/89-69 cc: Shorewood Council & Staff . . List of Replacement Items - S.E. Area Pumphouse Within the Next Twelve Months NOW: 1. 12" Golden Anderson Flow Control Valve Parts: $927.00 Labor and Metalization of Piston $900.00 $1627.~0 POSSIBLE WITHIN 12 MONTHS: 2. Repair of Well Pump Base Leak Replaces Gasket (H.R. Renner) $1500.00 3. 5 HP Chlorine Booster Pump Major Repair New $ 500.00 $1000.00 4. 2 Floride Chemical Feed Pumps Repair New $ 125.00 each $ 435.00 each 5. Polyphosphate Chemical Feeder Pump Repair New $ 150.00 $1200.00 NOW/DONE 6. Pressure Relief Valve Chlorine Booster Repair $ 125.00 /5/3 del . . as\t. =n& , i Associates, Inc. M E M 0 RAN DUM TO: Ci ty Council FROM: James P. Norton and Don Zdrazil 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners DATE: August 22, 1989 SUBJECT: Elevated Tower Overflow Pipe Receiving Catch Basin Manhole As discussed at the Council Meeting August 14, 1989 to prevent further erosion from an inadvertant overflow of the elevated tower a large receiving catch basin manhole should be constructed. Mr. Don Zdrazil, Director of Publ ic Works, has indicated the work can be done by the Public Works Department. Following is a breakdown of costs to construct a catch basin manhole. ITEM 1 - 4' Diameter Manhole (8' Approx. Depth) 1 - Median Drain Frame & Grate 1 - Concrete Encasement of Frame with Curbed Sides 100 feet of 12" P.V.C. 15 Cubic Yards Rip/Rap *Final Grading & Turf Establishment Contingency COST ESTIMATE...................... COST $ 2,000.00 200.00 500.00 2,000.00 500.00 2,000.00 800.00 S 8.000.00 * This cost item is the responsibility of C.B.I. JPN/cmw 08/89-69 . /66 c:<b L . CITY.OF CHANHASSEH 690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900 TO: JIM CHAFFEE, Public Safety Director FROM: SCOTT HARR, Assistant Public Safety Director DATE: August 21, 1989 SUBJ: Expanded Animal Control Services The purpose of this memo is to provide a proposal City of Chanhassen Department of Public Safety co animal control services for the cities of Excelsi Greenwood, Tonka Bay and Victoria.on a temporary months. by which the ld provide r, Shorewood, asis for three BACKGROUND Last week Shorewood City Administrator Larry Whit aker contacted Chanhassen Public Safety to inquire whether wewo ld consider ex- panding our animal control services to cover the ities listed above. He explained that the independant contrac or that they had been using (Midwest Animal Services, Inc.) had suddenly discontinued service, and they were all left without animal control. Mr. Whittaker explained that the City of Chanhassen was contacted because in addition to the fact that we have an established animal control program, we are in close proximity to these other cities, and they all are under contract with the Chanhassen Vet Clinic for impound services, etc. Mr. Whittaker went on to advise that they are interested in solving their immediate problem by entering into a temporary three month contract for such services, with an eye toward the future to establish a permanent arrangement. They are in immediate need of assistance, and are seeking to enter into a temporary contract as soon as pos- sible. ANALYSIS Because Chanhassen Public Safety community Service Officer (CSO) Bob Zydowsky, who is presently working as a temporary full-time employee, is scheduled to return to part-time status (his hours (6U- J ~ . . Animal Control Page 2 had been increased during the summer in order to provide additional park patrol, etc.), he is available to work additional hours. I have talked with him, and he would be interested in working additional hours in such an expanded animal control program. Therefore, we could utilize CSO Zydowsky for the twenty (20) hours of animal control patrol that the cities are proposing. We could arrange the schedule so that Bob could use the animal control vehicle he regularly uses, so that all that would be immediately necessary would be the leasing of a pager and a mobile radio with the Hennepin County Dispatch frequency. The figures that you and I have calculated require a fee of $17.00 per hour for patrol services, which would include patrolling these cities, responding to calls while on duty, impounding animals as needed and providing animal control related services to these com- munities as they arise. Emergency call outs would be charged time-and-one-half, with a two hour minimum. I recommend that emergency call outs be limited to situations in which an animal is in custody, and there are no alter- natives to having it impounded at the moment. RECOMMENDATION We can provide the requested service on a temporary basis as outlined above. What little administrative time will be required would be off- set by the benefits of having CSO Zydowsky on duty for an extended period, during which he could respond to calls in our City if needed. Of course, this also provides us with an opportunity to be of assistance to our neighboring citi:es and to keep Bob working full time. If a more permanent relationship is desired, however, we would need to reconsider the issues of hiring someone to fill the position on a permanent basis; the purchase of a vehicle; and obtaining the additional necessary equipment. Based on the above, I recommend that the City of Chanhassen provide the animal control services requested on a temporary, three month basis. Violations of the City ordinances. However, Chanhassen will invade private property contrary to the wishes of the owner the property nor forcibly take an animal from any the approval and assistance of a peace officer of 4. In addition to the regular hours of patrolling to, Chanhassen agrees to respond outside regular patrol the specific request of the City's Police Department, to animal bites and injured animal Incidents. 6Y ~ "" ~ S. Chanhassenshall transport all impounded animals to i-1 ANIMAL CONTROL CONTRACT AGREEMENT made this } W day of. ~ and between the CITY OF CHANHASSEN, a Minnesota municipal corporation C"ChanhassenN), andSlLci(co t3 c;) Q a Minnesota municipal corporation ~. This agreement shall be. effective shall terminate December 31, 1989. ,1989, Chanhassen agrees to patrol the .0 in a vehicle especially designed for the transportation of small animals /0 hours per week. J. The City authorizes Chanhassen to apprehend and retain dogs, cats, and other animals, and/or issue citation 7/{ , .;, , -' --,'{",..' {/t.-- ~'. &- I Y ;i (:' {>' v/ '"0 ~\ ; / - ", /'1_< "-/ iI. >' ,IJ k....".: . I /''( I. , The City shall contract directly with /? /.. ' c_~~~ , r.z:;!" \ ' ",<, ~J';1"..,;.. ':>,)' the services and payment of services to be provided by concern~ng -<' 1" "')'" , C' r" //" .~; r::::r ,,_/\,..,) .. .. oJ ~ J.1lJ 11 ~:~ 1~H9 C;'TY. OF CnANHASSEN ..... ... 6. The City agrees to pay Chanhassen as follows:' $ /7 a---O Price Per Hour for Patrol Price Per Call for Unscheduled Services ..- $ f j ~ '-'-~- J-~7fr.2 0-. ~ monthly invoice for 7. Chanhassen shall provide the City a services rendered and the City thirty (30) days of receipt. AND Don Ashworth, city Manager . -2- ..