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100989 CC Reg AgP , t. J --- ..' .......... .", I' '.~'~~'~r'....l'I"'/~:',..,...f"""'.'.._>~" >..... r (t.li~...Il..iS.f',,'$,i..~"".,.;..~~~' ",' . < ,.} CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 25, 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 P.M., Monday, September 25, 1989, 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, Watten, Stover and Gagne. Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, and Deputy Clerk Niccum. Administrator Whittaker-absent. APPROVAL OF AGENDA Stover moved, Gagne seconded, to approve the Agenda as written. Motion carried - 5/0. APPROVAL OF MINUTES Brancel moved, Stover seconded, to approve the minutes of the Regular Council meeting of Monday, September 11, 1989 as amended. Motion carried - 4 ayes (1 Abstained - Watten) CONSENT AGENDA Gagne moved, Brancel seconded, to adopt Resolution No. 77-89, and approve the following items on the consent agenda: A. Payment Voucher No.1 - Street Overlay Project No.89-1 Hardrives, Inc. - $93,918.97 Payment of Voucher No.1, _ for Street Overlay Project No..89-1 to Hardrives, Inc. in the amount of $93,918.97. B. Resolution Adopting the 1990 Lake Minnetonka Cable Communication Commission Budget Resolution No.77-89, to'adopt the 1990 Lake Minnetonka Cable Communication Commission Budget of $77,500. -1- d?/7 . . MINUTES - MONDAY, SEPTEMBER 25, 1989 PAGE 2 CONSENT AGENDA - Continued C. Authorize theExecutionofa Third Party Aqreement for the Southshore Senior Center of CDBG Block Grant Fund To authorize theexecutionofa Third Party Agreement for South- shore Seniors so the Year XV funds can be reimbursed $5,708. Motion carried - 5/0. PLANNING COMMISSION Stover reported that a public hearing was held on Tuesday, September 12, 1989 on the Waterford 3rd Phase Planned Unit Development. The public portion of the public hearing was closed. A motion was made to con- tinue discussion of Waterford 3rd Phase on Tuesday, September 26, 1989, at the Minnewashta Elementary School gymnasium. The continuation of the public hearing scheduled for Minnewashta School on Tuesday, September 26th, was cancelled on Friday, September 22 by the school whlcn reversed its decision to let the City use the gymnasium because they were having an open house and didn't feel there would be adequate parking. Stover asked that a new date be discussed later in the meeting under "Council Reports." PARK COMMISSION Gagne gave the Park Report: He said they discussed: Fencinq What specifications they wanted on the fencing. The Silverwood Park Questionnaire What should be included. The questionnaire is almost ready to be sent to residents. Siqns on County Road 19 for Safety of People usinq Trails Having Niccum contact the County Road Department as soon as possible to see if signs could be put up where the trail crosses County Road 19. Gagne said the heavy traffic going toward N.S.P. cannot see the trail entrance because of the trees. The Council asked Planner Nielsen to check with the County to see" if they would put up signs and stripe crosswalks on the streets that the trail crosses. -2- . . MINUTES - MONDAY, SEPTEMBER 25, 1989 PAGE 3 OLD BUSINESS A. William Waples-Setback Variance 5685 Echo Road Resolution No.78-89 Watten moved, Stover seconded, to adopt Resolution No.78-89, "A Resolution denying application for variances - William Waples," which includes the Findings of Fact. Motion carried - 5/0. B. Stanley and Delores Theis-Setback Variance Resolution No.79-89 21055 Forest Drive Gagne moved, Brancel seconded, to adopt Resolution No.79-89, "A Resolution denying a setback variance to Stanley Theis", which in- cludes Findings of Fact. Motion carried - 5/0. C. R.D. Nelson-Shoreline Alteration 5230 Howards Point Road Resolution No.80-S9 Stover moved, Brancel seconded, to adopt Resolution No.80-S9, uA Resolution denying a variance to R.D. Nelson", which includes Findings of Fact. Motion carried - 5/0. RECEIVE AND AWARD CONTRACT - FREEMAN PARK FENCING RESOLUTION NO.Sl-89 Engineer Norton reviewed the bids for the Council. Gagne moved, Watten seconded, to adopt Resolution No.Sl-S9, A Resolu- tion to accept the low bid of $43,594.80 from Finley Brothers to in- stall galvanized fencing around three softball fields in Freeman Park. Motion carried - 5/0. Engineer Norton said he has already talked to Finley. They want to do the work as soon as possible. Norton will check with Public Works Director Zdrazil to see how the warning track is coming, and will call Gagne if there are any problems. Finance Director Rolek discussed the cost of the park improvements and told the Council that the Park Capital Improvement Fund will be over- drawn by more than $lS,OOO. Rolek said he thought it would be appro- priate to take the additional funding needed from the funds made available from Bonds which were defeased earlier this year. Gagne, after discussing the matter with the Council, said he will in- form the Park Commission that the additional funding is a loan, not a gift, and will have to be paid back out of park fees received. The Council suggested reminding the Park Commission that they are exceeding their Park Capital Improvement Fund. Gagne said that the Park Commis- sion is well aware of this, but they need to protect their investment. Gagne told the Council about the tree spade that had driven around the ballfields, left ruts, and disturbed newly seeded areas. He said Zdrazil had contacted the party responsible. He also said he had asked Zdrazil to contact the SLMPSD. MATTERS FROM THE FLOOR - None -3- ~ MINUTES - MONDAy,~PTEMBER 25, 1989 PAGE 4 . STAFF REPORT Enqineer's Report Intersection Report: Christmas Lake Road and Vine Hill Road Intersections Engineer Norton said he and Planner Nielsen have discussed the intersections and their layouts. He said in conjunction with the above two intersections there is another intersection that the City is very interested in. He said he had received a letter back from Mr. Craig Robinson, Engineer from MnDOT, about the third intersection. Norton said that he thinks before the City takes any action such as approving the intersections that were sent to the City as preliminary layouts, the City should go back and discuss them with MnDOT as an overall picture of the corridor. He feels the City should inform MnDOT of their concerns as well as receive response from them. He referred to the letter received from Robinson. He said originally a drawing of a 3 lane intersection, with access, ingress, and egress from the south only., had been approved. Now he has received a letter expressing a preference for a 4 lane intersection, which would be a full intersection, north and south. Haugen asked if the Council should enter the discussion? Norton said he thought the staff should handle it at this time. He would like to find out why there are two different solutions to the Old Market Road intersection. Gagne asked Norton if some of the questions could be available ahead of time (i.e. how will it affect the traffic on Vine Hill Road? If Old Market Road doesn't open can Vine Hill Road handle the extra traffic?). Haugen asked Norton if he would take up discussion with MnDOT, and any time he felt the Council should become involved to contact her. Norton was called to the telephone so the Attorney began his report. Attorney's Report Annual Football Memorandum Aqreement Attorney Froberg said the contract is a standard agreement and asked the Council to consider it and pass a motion authorizing the Mayor and City Clerk to sign the contract. Gagne moved, Stover seconded, to approve the Football Association Contract, and that it be signed by the Mayor and Administrator. Motion carried - 5/0. Executive Session Attorney Froberg requested an executive session after the regular Council meeting for the purpose of receiving private data. -4- . MINUTES - MONDAY, SEPTEMBER 25, 1989 PAGE 5 . STAFF REPORTS - CONTINUED Planner's Report City Hall Improvements Planner Nielsen explained that in the 1989 budget $20,000 had been set aside for improving City Hall and Badger Field. _He said that when City Hall was built the basement was left un- finished. The Occupancy Permit required that the ceiling be sheet- rocked to create a proper fire separation between the upper level and lower level.He said they ~ave recei~d some bids. They originally estimated $4,000 for doing the ceiling and the soffets around the ductwork. He said the quotes are coming in a little bit lower. Joe has identified a couple of other items that they both feel should be done at this time. One is to put in an exit sign, the other is to build steps for the two back doors. He would like approval to do these things, not to exceed a cost of $4,000. Nielsen said the retaining wall in the back of City Hall is beginning to fall. They have received a quote for $3,500. Don would also like to blacktop the back to direct the water to drain off into the creek. He would like approval to do these things, not to exceed a cost of $3,500. (Engineer Norton left on an emergency) Nielsen said the City Hall/Badger Park Project called for screening the tennis courts from the Public Works Department, and to screen Public Works from the residents by putting up green windscreen on the north end of the tennis courts. He has one quote of $60U and is requesting approval, not to exceed $600. He said there are 3 remaining items...landscaping, curbing and striping of the parking lot, and gutters on City Hall. He is asking that the monies not used this year be held over for use in 1990. He said he feels it is important to get some of the striping done, if it can't all be done, it can be phased. Nielsen also said he has received some quotes on evergreen trees. He reminded the Council that planting evergreens, 2 or 3 per lot, to the south side of,Badger, had been discussed as screening. He said planting a couple trees by the warming house had also been suggested. He will get back to the Council with this. Stover moved, Gagne seconded, to approve sheetrocking the basement ceiling, putting in the exit sign, and doing the steps for the backdoors, not to exceed a price of $4,000; not to exceed $~,500 for the retaining wall at the rear, and not to exceed a price of $600 for a windscreen on the north end of the Badger tennis court. Motion carried - 5/0. -5- . . MINUTES - MONDAY, SEPTEMBER 25, 1989 PAGE 6 STAFF REPORTS Planner's Report - Continued Weissner Variance Update Planner Nielsen presented new plans done by Weissner, saying he is impressed by the way this was done. He told the Council it shows what can be done within the requirements of the Ordinance. Enqineer's Report - Continued S.E. Area Water System Repairs Attorney Froberg finished the Engineer's Report. He said a letter was sent to Mr. Bruce Harding of Mooney & Associates who supplied the 12" Globe electric check valve manufactured by Golden Anderson for installation at the Shorewood elevated water tower. The City requested a copy of the written warranty by the manufactor on the product. A full report will be made at the next Council meeting. Administrative Report Update on Recyclinq Bins The Council discussed 12" bins vs. 10" bins, delivering them vs. having residents pick them up, and paying for them vs. having residents pay for them. They said they felt that there would be better participation if they were delivered. They want to make it clear that the bin remains with the property. H~ugen will check with the Scouts to see if they are interested inne~ping witn-ael~verl of the bins. Bran~el moved, Gagne seconded, to have the City Clerk order 12" re- cycl~ng bins, and that they be delivered to all households in the City, including rental units. Motion carried - 5/0. Gagne moved, Brancel seconded, to approve taking the $1.63 that is left after the County pays $5 per unit, X the 2300 containers, a total of $3,749., out of the General Fund. Motion carried - 5/0. Finance Report Presentation of Dental Plan Finance Director Rolek said both the staff and the Union had asked that Dental Plans be looked into. He said he checked with the League of Minnesota Cities Insurance Trust and Delta Dental. He presented the information to the employees. The office staff, the Public Works Director, and the Liquor Store are intereste~ Public Works,is not at this time. The employees found the League Plan II most to their liking. He explained that every dental plan requires the employer to contribute -6- . . MINUTES - MONDAY, SEPTEMBER 25, 1989 PAGE 7 STAFF REPORTS Finance Report Presentation of Dental Plan - Continued at least 50%. His idea was to restructure the program so the City pays 100% of dental, and the employees pay any medical over the $250. cap. Stover asked if it had any bearing on the 125 Plan? Rolek said it could be considered. Gagne moved, Watten seconded, to include a dental plan under the $250 cap, with any medical that exceeds the $250 cap to be paid by the employee, and to approve the adoption of Plan II of the LMCIT. Motion carried - 5/0. COUNCIL REPORTS Actinq Administrator Stover moved, Brancel seconded, to appoint Brad Nielsen "Acting Administrator" whenever the Administrator is out of town. Motion carried - 5/0. Fina Station/Dairy Queen Watten said the station looks gOOd. He asked about the status of the Dairy Queen, he was concerned about the depressions in the parking lot. Planner Nielsen said the Dairy Queen was given 2 years to complete development. He said the Dairy Queen may not be built but nothing can be done until the end of the development agreement. He said they have done a lot of landscaping, although there is more to be done on the south side of the property. He also discussed the erosion of the driveway. Gagne asked about aerating the soil. He said he thought there was supposed to be a building with fans. Nielsen said they have to do this, not so much because of the P.C.A. but because of the financing. Continuation of Planninq Commission Hearing - Available Dates Planner Nielsen said 3 dates are avail~ble...October 18, 24, or 25. The Council discussed the fact that the school is never scheduled on Wednesday. Nielsen said the entire area will be renotified of the new date and location. The Council asked the attorney if some- one had to be at the school? He said no, as long as it is not moved somewhere else. Planner Nielsen asked about renting a portable billboard. Watten moved, Gagne seconded, to approve rental of a portable bill- board sign as long as the rental amount is reasonable. Motion carried - 5/0. Stover asked that when people are renotified, that the people that attended the meeting that weren't informed last time, also be informed. -7- MINUTES - MONDAy,4IlPTEMBER 25, 1989 PAGE 8 . COUNCIL REPORTS - CONTINUED Mayor's Report Tour Available If you wish to tour the 934th Tactical Airlift Group, the tour lasts 45 to 75 minutes. Groups of 5 to 35 people are accepted. If interest- ed call 725-5337. Mayor's Conference Gagne moved, Stover seconded, to~approve attendance at the Mayor's Conference to be held in Rochester on October 20th and 21st by Mayor Haugen. Motion carried - 5/0. Columbus Day Attorney Froberg said a Resolution designating Columbus Day a working day, and exchanging it for the day after Thanksgiving-making the day after Thanksgiving a Holiday-was passed on August 14, 1989 subject to approval by the Union. The Union did not agree to amend their contract, but the Council decided to let the Resolution stand and deal with the Union pursuant to the contract. Meetings Study Session - Monday, October 2, 1989 Regular Meeting - Monday, October 9, 1989 Council Time Mayor Haugen asked the Council to keep track of the money they spend. She said she spends $200-$250 or more above what she's paid. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, Stover seconded, to approve the claims for payment and adjourn the Regular Council meeting at 8:50 P.M., and to further adjourn to an Executive Session to provide private data. Motion carried - 5/0. GENERAL & LIQUOR FUNDS - Acct No. 00-00166-02 General $ Checks # Liquor $ Payroll Checklist: Checks # Total $ $ $ $ Brancel moved, Stover seconded, 9:50 P.M., on Monday, September RESPECTFULLY SUBMITTED, to adjourn the Executive Session at 25, 1989. Motion carried - 5/0. Jan Haugen, Mayor Susan A. Niccum, Deputy Clerk -8- . . RESOLUTION NO. A RESOLUTION DESIGNATING AN AGENT TO ISSUE CITATIONS FOR VIOLATIONS OF CHAPTER 701, DOGS WHEREAS, Shorewood City Code Section 603. 10 provides for the City to designate by Resolution certain employees, officers and agents to issue citations whenever the officer's, employee, or agent has probable cause to believe that the person cited has committed a misdemeanor which the officer, employee, or agent has the duty to enforce~ and WHEREAS, Shorewood City Code Section 701.02 provides for the Council to appoint an Animal Enforcement Officer or enter into a contract to enforce the Chapter which provides for the keeping and disposal of animals~ and WHEREAS, the Council has contracted with City of Chanhassen - Public Safety Department to serve as Animal Enforcement Officer and to enforce the provisions of Chapter 701. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: ( 1 ) That City of Chanhassen - Public Safety Department is hereby designated as Animal Enforcement Officer and hereby charged with the enforcement of the provisions of Shorewood City Code, Chapter 701. (2) That as Animal Enforcement Officer, said City of Chanhassen - Public Safety Department shall be authorized to issue citations to parties in violation of the provisions of said Chapter of said City Code. (3) That the designation of Midwest Animal Patrol as Animal Enforcement Officer is hereby revoked. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of October, 1989. Jan Haugen, Mayor A'l"l'EST: Sandra L. Kennelly, City Clerk . Roll Call Votes: Ayes: Nays: . dff . . FROBERG & PENBERTHY, P.A. A TTORNEYS A T LA W Glenn Froberg James G. Penberthy Paul B. Ahern 17736 Excelsior Boulevard Minnetonka, Minnesota 55345 (612) 474-8877 August 7, 1989 Mr. Larry Whittaker CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 Re: Proposal for Legal Services - 1990 Dear Larry: Froberg & Penberthy, P. A. submits the following proposal to the City of Shorewood for the year 1990. Monthly Retainer - Prosecutions General Legal $ 250.00/month $ 65.00/hour $ 80.00/hour The above proposal includes a $5.00 increase for prosecutions. There are no other increases. Very truly yours, PENBERTHY,. P.A. Shorewood GF; mbw -3 !-i . of H. Benner B Bons ... . WELL DRILLING FOR FOUR GENERATIONS 15688 JARVIS STREET N.W.lELK RIVER, MN 55330/(612)427-6100 INCC;>RPORATED September 25, 1989 -CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331-5755 ATTN: Mr. David Vogt RE: Amesbury Well Pump Motor Repairs SUBJECT: Invoice IF Amount $ 1873 4,343.30 Dear Mr. Vogt, On July 12, we were notified by Muni Tec that the motor had failed at the Ames- bury Pumping Facility. We dispatched a crew to remove the pump and install a submersible pump while this motor was being repaired. Repair costs are as fol- lows: DESCRIPTION UNIT UNIT PRICE EXTENSION July 13, Remove motor and pump. PUMP RIG 5 hrs. $30.00/hr. $150.00 OPERATOR 8 hrs. $32.00/hr. $256.00 HELPER 8 hrs. $25.00/hr. $200.00 TOTAL DUE FOR JULY 13. . . . . . . . . . . . . . . . . . $606.00 July 14, Install submersible pump. PUMP RIG 4 3/4 hrs. $30.00/hr. $142.50 OPERATOR 8 1/2 hrs. $32.00/hr. $272.00 HELPER 8 1/2 hrs. $25.00/hr. $212.50 TOTAL DUE FOR JULY 14. . . . . . . . . . . . $627.00 After this pump was disassembled at E.H. Renner & Sons, Inc. shop, it was cleaned and inspected. The pump was found to be in excellent condition. The motor was returned to Electric Motor Repair for disassembly, cleaning and inspection. The motor failure was apparently due to a voltage surge as the accompanying photo copy indicates. The motor was rewound and new bearings installed. REPAIR MATERIAL AND LABOR COST: MOTOR REPAIR MISC:(tape, pipe joint compound, pump packing etc. for two pumps) TOTAL REPAIR MATERIAL AND LABOR COST. . . . . . . . . . . . . . . $1,780.80 200.00 $1,980.80 August 9, Remove PUMP TRUCK OPERATOR HELPER TOTAL AMOUNT DUE Submersible and Reinstall Lineshaft 12 hrs. l3~ hrs. l3~ hrs. Turbine Pump. $30.00/hr. $32.00/hr. $25.00/hr. $360.00 432.00 337.50 $1,129.50 FOR AUGUST 9. . . ~3 C-A . . After this unit called due to a the pump house. during the start was installed and pumping into this facility again, we were vibration and noise problem occuring several houses away from This pump motor was apparently causing the vibration and noise up cycle only. July 16, Balance Motor. SERVICEMAN 3~ hrs. 00.00 NO CHARGE The vibration readings are as follows after completion: Top of Motor .0012" @ 90' from Discharge .0015" Bottom of Motor .0006" @ 90' from Discharge .0007" Discharge Head .0005" @ 90' from Discharge .0001" Although the vibration was excellent at the pump installation, the problem per- sisted at the residence. We returned to the site to try to resolve this problem. July 25, Shim base and adjust auto PUMP TRUCK OPERATOR HELPER transformer 3~ hrs. 4~ hrs. 4~ hrs. starter. 00.00 00.00 00.00 NO CHARGE NO CHARGE NO CHARGE Again, on this date, the serviceman reported the noise was heard during start up on start cycle. In an attempt to help eliminate the amount of noise, the auto transformer start and run starter were adjusted to close in very rapid sucession. TOTAL AMOUNT OF THIS INVOICE. . . . . . . . . . $4 , 343 . 30 If you have any questions regarding the above, please call me at 427-6100. Best Regards, Qu~:- g~ J~~~ Aij~, Sales Engineer E.H. RENNER & SONS, INC. LICENSE 171015 JA/ts AI/OBI NOTE: Please check your Insurance policy as the City insurance carrier may cover this work due to the cause of motor failure. PAGE 412 e . ~/LURES IN THREE-PHASE STATOR WINDINGS - ELEaRIC MOTOR REPAIR, IHe. 20 I 0 North 4th Street Minneapolis. Minnesota 55411 (612) 588-4693 ;e ", "," . . "-~"""~' ~.1,~. ~. "f~,.. ~.c- "J:..I..,~"..~~i:l.\;~:::"l-'.~ ,k(~- .~.~,";;i..,.,''V.!!iJ:?iti'!~_ _' _"'~_ _. ,~.~~"",J;t Phase Damage Due to Unbalanced Voltage 4 4......." {I ti Damage Caused by Locked Rotor . '~:y...~:-" '" ~~ '!l:~'" ;;.,.;r.,....\~ - <' ~~~;;,(j.._ ...___ . "_'" ~........,>__ .' . . 1 Winding Damaged Due to Overload 1 WindinA DamaQ!d by Voltage Surge . .' /', /\ '-OJ /, ' l~~J~'_' ,/ ,.AJ i ~ .' '/5+I'P U (,,'..' , ~=) c; 1.1=' (- '.1'.'- '.. y-- .{"....-. --- '''''--, . . RESOLUTION NO. A RESOLUTION COMBINING CERTAIN POSITIONS AND OFFICES WITHIN THE CITY OF SHOREWOOD WHEREAS, the City Council of the City of Shorewood has created the position of City Administrator pursuant to Minn. Stat. Sec. 412.111 and Shorewood City Code Section 105.03 for the purpose of establishing a chief administrative officer for the City; and WH ERE AS, the City Council has also established the position of Finance Director pursuant to statute and City Code; and WHEREAS, Shorewood City Code Section 105.03 provides for the position of City Administrator to be combined with either the office of Clerk or Treasurer; and WHEREAS, the council has previously combined the position of City Administrator with the office of Treasurer; and WHEREAS, the council has reviewed the job descriptions and responsibilities of the above offices and positions as set forth in Minnesota Statutes Chapter 412 and in the Position Classification plan of the Shorewood policy manual; and WHEREAS, the council has determined from such review that the duties and responsibilities set out therein could be best performed and carried out if the position of City Administrator were combined with the office of Clerk and the position of Finance Director were combined with the office of Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the position of City Administrator is hereby combined with the office of Clerk, to be officially designated as "City Administrator/Clerk" . 2. T hat the position of Finance Director is hereby combined with the office of Treasurer, to be officially designated as "Finance Director/Treasurer" . as of 3. That said combination of office and positions shall be effective , 1989. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this . day of , 1989. Jan Haugen, Mayor ATTEST: City Clerk Roll Call Vote: Ayes - Nays - 0.1) &. CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 3 OCTOBER 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Chair Schultz called the meeting to order at 7:31 P.M. ROLL CALL Present: Chair Schultz; Commissioners Bongaards, Spellman, Benson and Mason; Council Liaison Stover; Planner Nielsen; Planning Asst. Helgesen. Absent: Commissioners Leslie and Pitney (both excused). APPROVAL OF MINUTES Bongaards moved, seconded by Mason to approve the minutes of 5 September 1989 as written. Motion carried unanimously. Mason moved, seconded by Bongaards to approve the minutes of 12 September 1989 as written. Motion carried unanimously. 7:30 P.M. PUBLIC HEARING - REZONING AND PRELIMINARY PLAT - HEIGHTS OF ST. ALBANS BAY Gene Erickson - Southeast quadrant of st. Albans Bay Road and Manor Road Planner Nielsen showed the plat which was presented in August for approval and subsequently recommended for denial by the Planning Commission. The applicant withdrew his request prior to any decision being made by the Council, and submitted a new application for rezoning and preliminary plat (second revision) to the Planning Commission. However, the applicant brought to the meeting a third revision of the plat which contained a street which meets the 6% grade and similar in design as originally recommended by the City Engineer. The applicant requested that the Commission base their recommendation on this third revision as presented. Nielsen said that the rezoning to R-1B would be appropriate based on the Comprehensive Plan, and the plat proposed meets or exceeds the requirements of the R-1B zoning district. Rick Sathre, project Engineer, said that they had resisted this street design previously in hopes of saving mature trees on the site. Public portion of the public hearing opened at 7:47 P.M. Walter Bean, 5285 St. Albans Bay Rd., asked if proposed Lots 7 and 8 are the only lots which are planned to access St. Albans Bay Road. Mr. Sathre said yes. Mr. Bean said he is op~osed to the rezoning because he feels the Comp Plan is flawed - and that there are larger lots surrounding the site. Mike Collins, 5215 St. Albans Bay Rd., reminded the Commission that st. Albans Bay Road is a very fast-travelled road. He said he would like more time to review the third revision plat, the pond shown on it is new. Rick Sathre said the pond is a depressed area of land which would collect run-off in order to slow it down. . iJA Minutes Planning Commission Meeting 3 October 1989 Public portion of the public hearing closed at 7:56 P.M. Schultz asked what the angle of the proposed street is at its access point to st. Albans Bay Road. Nielsen said there would be room for one car at a perpendicular angle to st. Albans Bay Road, any subsequent cars would stack at an angle around the curve. Schultz asked Mr. Erickson if he agreed with the Planner's recommendations stated in his report dated 27 September 1989. Mr. Erickson'said yes he did, except that the garage recommended for removal will now comply with the setbacks on the third revision plat. Spellman asked what will happen to storm water as it runs down the steep grade toward Manor Road. Mr. Sathre said he will work with the City Engineer and provide detailed plans for erosion control on the final plat. Schultz asked Mr. Erickson if he is planning to comply with the lot line adjustments as recommended by the Planner. Mr. Erickson said they are considering it. Spellman moved, seconded by Mason to recommend to Council approval of the rezoning to R-1B and the preliminary plat (third revision), subject to the Planner's recommendations including that the lot lines for Lots 5 - 8 be made more perpendicular with st. Albans Bay Road and that the City Engineer consider requiring storm sewer for drainage/erosion control on the grade towapd Manor Road. Motion carried unanimously by roll call vote - 5 ayes. This item will be on the Council agenda of 9 October 1989. 7:45 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT Minnesota Cellular Telephone Company - 5500 Old Market Road Cellular One Mobile Telephone Company is requesting approval of a conditional use permit to allow them to construct a 12' x 28' equipment shelter, enclosed by security fencing next to the southeast area water tower, and to place six antennae on the tower itself. Their landscape plan shows six-foot evergreen trees around the fence and building to screen them from the south. Bryan Rogers, representing Cellular One, said the company has 26 existing sites. He showed photographs of their standard type shelters and antennae. He said the signal type is FM, and they have never had a complaint of signal interference. Public portion of the public hearing opened at 8:36 P.M. Public portion of the public hearing closed at 8:36 P.M. without comment. Mason asked if the fence is absolutely necessary. Mr. Rogers said the shelter will contain a lot of expensive equipment. Schultz said he objects to chain link fencing and believ~s additional landscaping is necessary. He suggested that the building have a peaked roof and cedar shakes, and that the fence and building be completely surrounded by year-round evergreen landscape. Benson said he would recommend a lower roof with regular shingles, but require higher evergreen trees so that it is completely hidden from view. Benson moved, seconded by Spellman to recommend to Council approval of the C.li.P. subject to the Planner's recommendations. Motion carried unanimously by RCV - 5 ayes. This item will be on the Council agenda of 9 October 1989. - 2 - Minutes Planning Commission Meeting 3 October 1989 8:15 P.M. PUBLIC HEARING - SETBACK VARIANCE/VARIANCE TO EXPAND A NONCONFORMING USE Herbert Mason - 27010 Edgewood Road Last month is was discovered that a 12' x 12' gazebo was being built on this property without a building permit. In making application to comply with permit requirements, it was further discovered that the gazebo in its current location does not meet the side yard setback, nor the does property conform with the single-family zoning district requirements because it contains two dwelling units. Mr. Mason is requesting a setback variance to the side yard setback, and a variance to expand a nonconforming use due to the nonconformity of his property use. Public portion of the public hearing opened at 9:00 P.M. Schultz acknowledged letters of support submitted by neighbors which were included in the Planner's report. Public portion of the public hearing closed at 9:01 P.M. Mr. Mason said he feels 17 feet is an adequate setback from the side yard (lake shore side yard setback requires 20 feet on that side). He said the houses on the lot were built as they are before he bought the property. He said he has added more land to his property in the recent past in an attempt to make it more conforming. Schultz said the size of the lot is not the problem here, it is the number of dwelling units that is creating the nonconforming use, as well as their location. Spellman moved, seconded by Bongaards to recommend to Council denial of the setback variance and variance to expand a nonconforming use. Motion carried unanimously by roll call vote - 5 ayes. This item will be on the Council agenda of 9 October 1989. SIMPLE SUBDIVISION/LOT COMBINATION Rose Christian - 5905 Howards Point Rd./5830 Brentridge Dr. Ms. Christian would like to purchase approximately the southerly 150 feet of the lot located at 5830 Brentridge Drive and combine it with her property located at 5905 Howard's Point Road. As a result of the division/combination her lot will contain 29,786 Square feet and the Brentridge lot will be reduced to 32,656 square feet in area. Both lots would meet the area requirements for the R-IC zoning district in which they are located. Mr. Christian said he is concerned about the potential use of the drainage/utility easements being required by the City in conjunction with this division which would run alonq the north side lot line. He said he has several trees along.that lot line which he wants to protect from utility companies. Planner Nielsen said the City is highly unlikely to need use of that easement, and the easement along that line could be worded specifically as "drainage and 'public' utility" easement to prohibit use by the semi-public utilities (phone, electric, gas, etc.). Spellman moved, seconded by Bongaards to recommend approval of the subdivision/combination subject to the Planner's recommendations: - 3 - ~ Minutes Planning Cormnission Meeting 3 October 1989 1. The applicant must submit up-to-date (within 30 days) title opinions for her lot and the Brentridge lot. 2. The applicant must provide drainage and utility easements 10 feet along the southerly boundary of her existing parcel and 10 feet along the northerly boundary of the newly configured parcel. 3. These items must be submitted to the city within 30 days of the Council's approval of the division. 4. Vacation of the existing easement will be contingent upon the applicant providing the easements described in 2. above. 5. Since no new lots are being created, park dedication fees are not required. 6. Once the applicant has received the Council resolution approving the division/combination she must record it within 30 days. Motion carried unanimously. This item will appear on the Council agenda of 9 October 1989. STUDY SESSION Fence height requirements. This item was deferred to the 7 November. Planning Cormnission meeting. Planner Nielsen would like to make a slide presentation of examples of fences in other communities. A public hearing for Ordinance amendment consideration will be scheduled. MATTERS FROM THE FLOOR Schultz complimented the City on the work done on the trail system and said he hopes snowmobiles and horses can be limited or banned from its use because of the destruction they incur. He said some form of preservation system needs to be developed. REPORTS Stover reminded the Cormnission that a meeting date needs to be determined for the Park and Planning Cormnissions to meet and discuss the park shelter issue. Benson suggested discussing schedules after the Waterford meetings are over. ADJOURNMENT Mason moved, seconded by Bongaards to adjourn the meeting at 10:12 P.M. Motion carried unanimously. Respectfully submitted, Patti Helgesen Planning Assistant - 4 - ,,. . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Wanen CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 5 OCTOBER 1989 RE: CEDAR HEIGHTS - FINAL PLAT FILE NO.: 405 (88.50) Kelly Bosworth requests approval of a final plat for Cedar Heights (see Exhibit A, attached). Based upon review of the plat and the requirements imposed when the preliminary plat was approved, the following should be considered: 1. The road has been shortened a bit which will result in less site alteration and lower construction costs. Although lot lines have been adjusted somewhat, all of the lots exceed the minimum size requirements for the R-1C zoning district. 2. Plans and specifications for the private road, utilities and grading have been submitted. Approval of the final plat should be subject to the City Engineer's and Chanhassen's City Engineer's recommendations. 3. The applicant has submitted easement documents for the road, utilities and drainage. These are subject to favorable review by Shorewood's and Chanhassen's City Attorneys. 4. Prior to release of the final plat, the applicant must provide one letter of credit in the amount of 110% of the cost of utility construction (for Chanhassen) and a second letter of credit in the amount of 150% of the cost of all other improvements (for Shorewood). 5. The plat should be changed to show the private road as an outlot. 6. The applicant must provide copies of any declaration of covenants and homeowner's association by-laws, etc. relative to ownership and maintenance of the private road and sewer. A Residential Community on Lake Minnetonka's South Shore s- . . Re: Cedar Heights Final Plat 5 October 1989 7. The applicant must pay park dedication fees in the amount of $1500 prior to release of the final plat. 8. The applicant must advise the City Clerk how he wishes to have sewer equalization charges spread against the lots. Subject to these requirements, it is recommended that the City approve the final plat and enter into the development agreement prepared by the City Attorney (this agreement will be forwarded to you under separate cover). BJN: ph cc: Larry Whittaker Glenn Froberg Jim Norton Kelly Bosworth - 2 - ~ g o Z "Z Q !!} '2 ~ ;j If) RE G :!>. GEDAR . HEIC .. No rt h .5 8'l- 5q' 51" E - -- 228.22 --- --- .lLM ~E.T PU~NT',::.~ TO "OR.Tl.EN~ . , , ,,,,~E. NO. te4-,q. , r------,.----- --~-..,:, '::J: I I. , ~8 I ~ -~:d I I : b ~ I I -,2 \ I I '-' ---,: J I I' I I I I I I I I : { I: f. li 3 I~ /~ 8/'1 I~ I~ ~I I' < I~ ~ I I I; lDl 9 I I I ~ I J I I I 10 I I -H I ~ I N I I 0 .J I C' I ~ l... I ~ ~ / <--"J \l-------2'-4.~8-------J \ ~ I 0/ .' oS ~.~. 54 E : /} ~~....~-- ----r---------l ~ / ~~ / I / !v ~ .. ..~.; ,/ I I / 'Sl-.G",~ ~>~~/- I: " (~~.~/' ..<t~ / I ~ ~;(.r/ 11 I ' "141"'1 / I ~ ! te / I \' . ~ j' . ,: : '_,. ____ _~-~1l82..:...%.._=_____ ___-...::...' " ___...' 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A RESOLUTION DIRECTING DELINQUENT SEWER AND WATER UTILI'lY CHARGES AND PRIVATE PROPER'lY CLEAN-UP CHARGES BE PLACED ON THE 1990 TAX ROLLS WHEREAS. the Shorewood City Code provides for the City to place delinquent sewer and water utility charges and private property clean-up charges on the succeeding year tax rolls for the specified properties. and WHEREAS. the Council has made a determination that delinquent sewer and water utility charges and private property clean-up charges exist for the specified properties- set forth in Exhibits A. B. and C. attached hereto and made a part hereof. NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Hennepin County Special Division be and hereby is authorized to place the delinquent sewer and water utility charges and private property clean-up charges on the 1990 tax rolls and against the specified properties as set forth in Exhibits A. B. and C. 2. That such delinquent charges shall be called Delinquent Sewer Account 11524. Delinquent Water Account 11525. and Private Property Clean-Up Account 11526. ADOPTED BY THE CI'lY COUNCIL of the City of Shorewood this 9th day of October. 1989. Jan Haugen. Mayor ATTEST: Sandra L. Kennelly. City Clerk Roll Call Votes: Ayes: Nays: ? . . SHOREWOOD _' -.": .' ~. _~;. ;""",,"i~- ~_;-_t -' '.-;.- . -' MEMO: DATE: OCT. 5, 1989 TO: COUNCIL PACKETS FROM: AL ROLEK BUDGET INFORMATION WILL BE SENT SEPARATE COVER. t 7 t~ , ~ . . -ii./'~ 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: PI~NING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 27 SEPTEl1BER 1989 RE: HEIGHTS OF ST. ALBANS BAY - PROPOSED REZONING AND PRELIMINARY PLAT (SECOND REVISION) FILE NO.: 405 (89.33) BACKGROUND In August of this year the Planning Commission voted unanimously to recommend denial of a request for rezoning and preliminary plat by Eugene Erickson and Daniel Plowman. The applicants subsequently presented their request to the City Council but withdrew their application prior to the Council taking action. They have once again redesigned the proposed road and reapplied for rezoning from R-1A to R-1B and for preliminary plat approval (see Exhibit A, attached). For further background it is suggested that you refer to the following past staff reports: Planner's report, dated 31 May 1989 City Engineer's report, dated 1 June 1989 Planner's report, dated 27 July 1989 City Engineer's report, dated 27 July 1989 ISSUES AND ANALYSIS Based upon the most recent plat the following issues are raised: A. Zoning. Both of the previous planning reports concluded that R-1B zoning is consistent with the Comprehensive Plan for the area in question. What has been an issue since the request was first made has been the proposed road design. After two attempts at designing an acceptable road the project received a negative recommendation from the Planning Commission. Their latest design begins to raise questions as to whether the rezoning is appropriate. This will be discussed in greater detail in a report by the City Engineer and further on in this report. A Residential Community on Lake Minnetonka's South Shore ~ . . Re: Heights of st. Albans Bay Rezoning and Preliminary Plat (Second Revision) 27 September 1989 B. Preliminary Plat. 1. Lot size. As in the previous plans all of the lots meet or exceed the minimum R-1B requirements for lot area, width and depth. Lots range in area from 30,000 square feet to 39,000 square feet. The proposed design makes the existing garage on Lot 3 nonconforming. If the plat is approved it should be contingent upon moving the garage into conformance with setback requirements. It is suggested that the lot lines for Lots 5 - 8 be made more perpendicular with st. Albans Bay Road (see Exhibit B). This will result in better orientation of homes to the street and side lot lines. It will also make the side lot lines more perpendicular to site contours, which makes more sense for drainage easements. 2. Outlot A. Unlike their first proposal, the applicants propose to create an outlot for the ponding area. Although not stated, it appears that the outlot may serve some other purpose (such as a walking path) because it extends down the hill to Manor Road. As part of a final plat the applicants must provide the by-laws and articles of incorporation for the homeowner's association. Any protective covenants for the project must also be submitted for review and approval by the City Attorney. 3. Street design. In their earlier plans the applicants proposed street grades which were unacceptably steep. There was also concern over the proposed intersection location on st. Albans Bay Road. While the new plan locates the intersection in the same place, the proposed grade appears to meet the six percent maximum required by the Subdivision Ordinance. To accomplish this they've twisted the street into a partial "s" in order to lengthen it. More significantly they propose to add as much as 10 feet of fill to achieve the six percent grade. The City Engineer's report will address the amount of site alteration which will be necessary for the proposed design, including what kind of driveway grades will result from the elevation of the road. The new plan proposes to vacate the existing 25 foot right-of-way on the property. If the Planning Commission recommends approval of the plat and rezoning, the applicant must submit a legal description for the r.o.w. proposed to be vacated. A public hearing will then be scheduled for the City Council. RECOMMENDATION While the new plat meets the technical requirements of the Zoning and Subdivision Ordinance, it is not as well designed as it could be. Not only was the City Engineer's original suggestion superior, but at one point the applicants themselves submitted a plan with a better road design (see Exhibit C). The City should ask to see a plat showing this alternative road alignment. - 2 - . . Re: Heights of st. Albans Bay Rezoning and Preliminary Plat (Second Revision) 27 September 1989 A recommendation is not made at this time, pending review of the City Engineer's analysis of the proposed road design and resulting site alteration. BJN:ph cc: Larry Whittaker Jim Norton Glenn Froberg Eugene Erickson Daniel Plowman - 3 - . . --" \ \ \ \ \ \ \ \ \ \ ) / / / / / '" ./ --- -,-~",- ,-" " I 3:i ,80 "'" ----~ 50 0 r-o--..;- SCALE IN FEET 50 I?O / \ \ \ \ \ , , / / " \. '" ,.'J ,J o L) /- ,.' / /--- i i l___' '. ~ ,""'~-_.:-- PLAT . . \ 3.i 1 .8<> ......- -- " I "" ---~- ~O 0 ~O ~---- SCALE IN FEET 100 / , \ i \ ." \ \ \ \ / / / ; I ......-..~. / ....-._~~ ," " --, \ \ \ \ \ \ \ \ \ \ I / I / / / " ./ .....- i \ \GD .)7 \\ \ ""'-- ~ , ...J ;. D~ \.J/-\ i ; .,.... \. ALTERNATIVE ''Ie''' I'. ~ ,. \ . II I I ::. So \ \ \. \ ,/ ../ ....".. l .... , ,,' .... ........ { ...."... ,--.. . ......... .:",/,' l /. '. ~f.. \ \" ~"" "' ~ ., "" '--. " '. ~-~ -. " ",., ~ ....... '0, ,.,'"' ....,...:-..........:~~ '-.r....... ................. ......... ............. ......~l ! i i I ! ! ~ i .' ..- . l I ,. , . ,,,,., ...., . _.-.-n,...;;..... ............""'. 3- ~ S.Al .............. ..... .. Exhibi t C 3. ./'.'" ALTERNATIVE ROAD DESIGN . I r Submitted by applicant after ~ ,",,7 '1;;1 t:': August Planning Commission meeting . . SEP 2 7 l\~r:(.; ~ .;Ji.;..../ September 27, 1989 2021 East Hennepin Avenue Minneapolis. MN 55413 612-33\-8660 FAX 331-3806 Engineers Surveyors Planners City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Brad Nielsen Re: The Heights of St. Albans Bay Revised Plat Shorewood, Minnesota OSM Comm. No. 4407 Dear Brad: We have reviewed the latest reV1Slon of the Preliminary Plat of the Heights of St. Albans Bay dated September 1, 1989. Following are our comments: 1. Grade Wh il e th is 1 atest reVl s 1 on reduces the grade to 6% access to St. Albans Bay Road is still at the same approximate location. Other previous comments regarding grade, stacking and site distance still apply. 2. Fi 11 A significant amount of fill material is shown. We have concern about the side slopes and lot access as a r~lt. There are no proposed contour lines shown or a proposed grading plan. With a maximum of 3:1 slope the amount of fill shown may have a significant impact on the adjacent lots. Building pads and driveway locations should be approximated to identify these problems or prove that they will not be a concern. 3. Utiliti'es Our same comments listed previously also apply to this revised preliminary pl~t. If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~ P4d-Pn James P. Norton, P.E. ~~UJ City Engineer JPN/cmw 09/89-72 cc: Sathre Bergquist, Inc. ~ . . ,\' 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: 5 OCTOBER 1989 RE: HEIGHTS OF ST. ALBANS BAY - THIRD REVISION FILE NO.: 405 (89.33) Based upon direction from the City staff, the developer has submitted a third revision of the above-referenced plat (see Exhibit A). While the plat was received after my and the City Engineer's reports had been written, we did have time to review the new plat prior to the Planning Commission's meeting last Tuesday. As you can see in the draft Planning Commission minutes, the Commission voted unanimously to recommend approval of the rezoning and new preliminary plat subject to the staff's recommendations. The City Engineer's concerns will be addressed in the final plat process. Preliminary plat approval should be subject to the following: 1. Lot lines between Lots 6 and 7 and Lots 7 and 8 should be adjusted to be more perpendicular to st. Albans Bay Road. 2. When the final plat is submitted it should include the following: a. Protective covenants and homeowner's association by-laws and articles of incorporation. b. Up-to-date (within 30 days) title opinions for all subject parcels. 3. The old building near st. Alban's Bay Road (on Lot 1) and the old house and garage on Lot 8 must be removed. If this can't be accomplished prior to recording the final plat, a letter of credit for 150% of the amount of an estimate of cost for demolishing the structures must be provided. 4. A final plat must be submitted within six months of the Council's approval of the preliminary plat. , 5. Upon receipt of the final plat, City staff will prepare a standard development agreement for the project. A Residential Community on Lake Minnetonka's South Shore . . Re: Heights of st. Albans Bay Third Revision 5 October 1989 6. Park dedication fees for the plat will be $3000 (credit is given for the two existing houses on Lots 3 and 8). 7. A public hearing must be scheduled to vacate the existing r.o.w. which will be replaced by the new road. The developer's engineer should prepare a legal description for this purpose. 8. In addition to the city Engineer's approval, grading and drainage must be approved by the Minnehaha Creek Watershed District. BJN: ph cc: Larry Whittaker Jim Norton Glenn Froberg Gene Erickson Dan Plowman Rick Sathre - 2 - , . '- -..... "- \ \ \ \ \ \ \ \ \ \ \ \ I I I I I / / ./ "--'- '~tS"': :~..,.~ ;:J -.... ~p~ ., tdYENt ~., ..<=! ..' ~rJ~\ :_ II .~ ~"- ;t:':":" ~, ~-= ~...; .j; ;__ tJ \~ " i.. ".\ -':; '- ~ ::111,,' l!! iJEr;; .".. "~ to . '~:,,~~~ ::' ~~~~. 0 !....".~_,..4:.. .,. ; ,.1 . ".. , ;.;'""\ ;' " ..' ~- '..~" '\. . '> D. M~, . .,.~~.. O'......iIfll'~ ~X'S,.,....Ca 6oU1'-O'N6'5t o e.c. ~E.O .."..-~"'" ,.~. -- .~..,~ " ............- ~ II "' / ,/ ;", ; / "' '" \, " ;' "' ....' ..,.,.-' # " " ./ "'''. , ' , " '\ , - .:::-- -50 - --;0 0 P"""_...._- SCALE IN FEET . 100 , , '. \. ' ., '\ ',~- - :.;.. f '\._ \ ,'X , . f " ,: : '\ V" ',\ f"' '\ :" / "' \ '. .' ; '''. ........... \ \ 1 ", r I \. i i 8T. r- .r :~ .r- , . '6L 8"" .--1 ; .~~; i ::z: Ex.M"', i "TOP -..... ~ I \hN. q:~~~ I ,. : j./ I t-a/Q ,i ,";1./ t:!i- I ,fj,.i: ~ /:' / " .tt:.......'" / " ,/,./t-.;. 'DfJ I:.,: /' 1/,). ,7........,; , ,,~.'!:. ':' I.....~ /./ : f / ; i I /" j / !., /,' I . .r jlJ/(. ---.-J. '::.~.\\' 2~e. : . . ~ . . ;?1 _. . _"_ ._-~ -- ~-::: '. '8~. ... \.... \ \ "'8 \. · ..~.". ,--;:<:~,::':(!:~0ii~ \ 5o&\-I\'.V!:.,'Vd:.:--__ __""" ~':~\ "t--' ~_..... ...~>-~:~.-<S"<~t:=r;::::- . 'PROPOSED DRAINAG~ a UTILITY EASEM:.NTS. \ \i .t:, ;:/..., . .: " - ~ . I I I ". .....: i \ , \ ."..",-J II , . , ," , I ~., ,:-. ,^.. -:-.~... .iI ':.,..-". " Exhibit A PLAT _ THIRD REVISION PRELIMINARY .. . . 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: 29 SEPTEMBER 1989 RE: CELLULAR ONE MOBILE TELEPHONE COMPANY - CONDITIONAL USE PERMIT FOR TELEPHONE EQUIPMENT BUILDING AND ANTENNAE FILE NO.: 405 (89.31) BACKGROUND Mr. Bryan Rogers, representing Minnesota Cellular Telephone Company (Cellular One), requests approval of a conditional use permit to construct a telephone equipment shelter on the site of the Shorewood southeast area water tower (see Site Location map - Exhibit A, attached). They also propose to install six antenna on the water tower itself. The City Council, at a meeting last month, agreed to consider allowing Cellular One to locate their equipment on public property. The water tower site is located on State Highway 7 and is presently zoned R-1A, Single-Family Residential. The site is occupied by-Shorewood's water tower and a small bituminous parking area. Access to the site is from Old Market Road. Land use and zoning surrounding the site are as follows: north and west - State Highway 7 r.o.w., then single and two-family homes; zoned R-2A east - Undeveloped, proposed commercial and two-family residential; zoned P.U.D. south - Cemetery and single-family homes; zoned R-1A and P.U.D., respectively. The applicant proposes to build a 12' x 28', single-story telephone equipment shelter immediately south of the existing water tower (see Site/Landscape Plan - Exhibit B, attached). The building will be surrounded by a chain link security fence. The proposed antennae are approximately three feet tall. Three of them will be located on the existing handrail at the top of the tower and three will be located around the top of the tower pedestal. Exhibit C illustrates how the antennae and shelter building would appear in elevation. A Residential Community on Lake Minnetonka's South Shore q . . Re: Cellular One Mobile Telephone Co. C.U.P. for Telephone Equipment 29 September 1989 As the applicant has explained to the City Council, the antennae are necessary to them to provide uninterrupted mobile phone service. Apparently a gap in service exists along Highway 7 in Shorewood. The water tower site is within their search area for a tower location to serve the area. Where possible they have chosen to utilize existing facilities (water towers, tall buildings, etc.) to locate their antennae, rather than erect free-standing towers. The applicant advises us that they have installed antennae on water towers in at least four metro area communities. Additional background information on Cellular One has been attached for your review as Exhibit D. ISSUES AND ANALYSIS A. Zoning Requirements. 1. Use. Section 1201.10 Subd. 4.a. provides for "Governmental and public regulated utility buildings and structures..." by conditional use permit within the R-1A zoning district. The C.U.P. requires that the property be screened and landscaped when abutting a residential use in a residential district. Screening and landscaping will be addressed in more detail further on in this report. All c.u.p.'s are also subject to the requirements of Section 1201.04 Subd. 1.d.(1): (a) Relationship to Comprehensive Plan. While the Comprehensive Plan does not specifically address telephone antennae, it does recommend certain policies which may pertain to Cellular One's request. (1) Cooperation and coordination shall be promoted and actively pursued between governmental units in the provision of public facilities and services. (2) All public facilities shall be developed, improved and maintained according to the highest adopted standards of design and performance to serve as examples for private development. (3) All public buildings shall be designed and maintained to be resistant to person and property crime opportunity while maximizing public and city usability. (4) The impact of required utility facilities and services shall be minimized upon surrounding uses. (5) Coordination among all utility improvement programs shall be constantly pursued. (6) Adequate screening, landscaping, and buffering facilities shall be accomplished in order to minimize their impact on surrounding uses and enhance the community and areas in which they are located. - 2 - . . Re: Cellular One Mobile Telephone Co. C.U.P. for Telephone Equipment 29 September 1989 (b) Compatibility With Present and Future Land Use. Unlike the antennae on the u.S. West tower north of the City Hall, the Cellular One antennae are only three feet tall and relatively inconspicuous at the height proposed by the applicant. The City's approval should be specific for this style of antennae and should state that other types of antennae (whip or dish type or larger) are not intended. As with the U.S. West c.u.p., Cellular One's c.u.p. should include a guarantee that their transmissions will not interfere with television, radio or other reception in the area. They are presently conducting a frequency study for review by the City Engineer. (c) Depreciation of Area. Done right, neither the proposed building nor the antennae should depreciate property values in the surrounding area. The proposed building will be discussed in more detail further on in this report. (d) City Service Capacity. The proposed use will not be served with sewer or water resulting in no impact on those City services. Routine service and maintenance at the site is generally limited to one or two trips per week. Thus traffic on existing streets is not considered to be an issue. B. Engineering Considerations. Aside from largely aesthetic concerns, the main issues involved with this request are engineering related. The City Engineer addresses these concerns in his report dated 27 September 1989. C. Building and Site Design. While very little detail has been provided for the proposed equipment building, the applicant has stated that they are willing to work with the City to build a structure which fits into the surrounding area. Shorewood has attempted in the past to make sure that public and semi-public buildings are reflective of the neighborhoods in which they are located (e.g. Boulder Bridge and southeast area pumphouses). Since the closest neighborhood to the water tower is Waterford, it is recommended that the applicant submit building plans which include a maintenance-free brick exterior and steeper pitched gable or hip roof with cedar shakes. All materials should be subject to the approval of the City Council. Proposed landscaping is considered adequate and consistent with staff recommendations. Although the proposed six-foot high evergreens are significant, initially four or more feet of the proposed building will be exposed. If the recommended building suggestions are followed, this should not be an issue. It should be realized too that the right type of spruce tree can exceed 10 feet in diameter and 50-60 feet in height. Prior to planting comments will be solicited from a landscape architect. - 3 - . . Re: Cellular One Mobile Telephone Co. C.U.P. for Telephone Equipment 29 September 1989 RECOMMENDATION Based on the preceding it is recommended that the Cellular One proposal be granted preliminary approval. Such approval is contingent upon favorable recommendations from the Minnesota Health Department and the water tower manufacturer. The final c.u.p. should be in the form of a development agreement which will be prepared by the City Attorney. The agreement should set forth the conditions of approval as well as the financial agreement between the applicant and City. While the City Attorney drafts such an agreement, the applicant should be directed to prepare bulding plans consistent with the recommendations contained herein. BJN:ph cc: Larry Whittaker Jim Norton Glenn Froberg Bryan Rogers - 4 - . . ~ ooi /. 1W~~ Mo"th -"t .' C("(rUT Exhibit A SITE LOCATION Cellular One C.li.P. N JNE .l~ j cfb4:> --- - - ---.--- ---~-- -- -------- -- .. :~ ) "~ ~. 1- -- ---- -------- --- -.----------.. '"'-- --- _.~02 -- ---- - - . GrO~el R oOd - Un; ""to~ed ;>-=oow" ___--== / . -- ~ - ---- . --- ULTEIG ENGINEERS, 520' EAST RIVER ROAD, SUITE 308 P.O. BOX 2'039 MINNEAPOLIS, MINNESOTA 5542' Exhibit B SITE/LANDSCAPE PLAN __I ,~..... ,....., "",pAA ,... v Id#nl t:"7' fl~" '-EJJ I.mm.--I- . JNE .i . \"ATIONS . ///U ~_r ~ , ., ~. -, '~~ "- "- '--- - - // // Exhibit C BUILDING AND TOWER ELEVATIONS ULTEIG ENGINE. 5201 EAST RIVER ROAD, SUI,_ P.O. BOX 2'039 . MINNEAPOLIS, MINNESOTA 5542' TEL (6'2) 571.2500 FAX (6'2) 671-"68 \J__'~._.'.IY...'--_ _ Ifa"'" _ MlnrfC.""Utl"'_ -- -. .-. -------- C'-II.'" " . U_ UE~ -.89842 .." -_.-." - -."" ~ . (11l ii.-"'.-) ,.....,, E..J ..""m:r.--'- - e a of . . CBLL'OLA1l;OD PROftLll Minnesota Cellular Telephone company is the Twin. Citzi.' "Jl98-: wir.line cellular provider. It 1s owned by MCCaw comaun1~~ in :K1rkland, Washington and based locally inBlooaingt,On....", office employs approx!aately 90 people on a full., t.:baeINl.'" .;, There are more than 20 authorized aqencies and serviQII'."n throuqhout the _t:r~lit.an area that. em.pl<:>>y ..veraJ.;:~8d people. Cellular one currently has over 18, OOOsub.cr~.onl.t8~ta. This reflee1:s a 7 .%g-x-owth sinee June of 1988 .J?ro~"l'" " forecast: 45,000 .u))scribflrs by January of 1992,amt'S:,GOO <by Januaryot 1995. 8DJIDA1U) LDS8 DI"JODH%Oll Term: 5 years, rel'le'W'G.ble Rate: $600.00 per month Chanqes to t:ower: Art1:."'ch_ges (as necessU'Y) Site Ace...: 24houra a day, 365 clays a year Construct.ion .-t.arts ,30-60 days fol1owinq rece4..ttt.of . all.; qovernmental approvals. Const.ructioniscollplet.ed in approximately 3 lIOtlthS~ , '';- ,,~, c_ '-. :'1 Minnesota Cellular '1'elephoneComt*ny (dba CellUla1:'OMlil.'QMJ'icij; two federally re9'\U.ated mobile telephone compani..lcJ.~_:to operate in the Minneapolis/St. Paul "Hetropoli'tanst.:t~l."'_l Area" (HSA). 'l'heboundaJ:ies of ~ this servicearea~'lh ~~ ~ ~ '$! restricted ~by the F8deralCommwtltcations cOJlll.t..ion (I'.)!,i~. "'..i counties of: Ramsey, Hennepin, MOb, Chisaqo,..shil '" Dakota, Scott, Carver, Wright, and St. Croix. .... ~.. I' . .' .' determined 'that it is in the public interest to'_in't~!.'a,. ....i....... competitive environment for all communications'..~"ClIIS'fWl.i~.. did not exist before .t1teqovernmentordered . div.sti~.tIIA..l' but because of the scarcit.y of cellular radio specerust~r9C will allow only two cellular telephone providers in th1..\Oa:'~Y MSA market. 'l'he cellular license gives both cOllpani_~'~'J authority to operate a cellular system in the TWin Citi.,staftCl finds that authori ty1:.o be in . the public convenie~e._.'" necessity. 'l'he key to the FederalCOJblUnicat'ioDa commission';. se~.~on, ce~lular technology as'th1il'aobil.';'__unications."<S.f 'ttte..~ .frequency reuse. aefore cellula:r, the conventi_U ~"l.;'i telephone operations 'consisted of one tall '(App...1.ma" .:1.0ilQ,. feet above average terrain)., powerfuL (1000 wata) c located transmitter .cutrtomers otten had to wait fOr an. .' ...... available channel, while hundreds more waited years,j...,~,; receive a phone number. This was because of a l11ai~'<,,,"'rot channels (44). beinq transmitted from only one source.':~.'~"';,,~ recognized . the need for a new method of mobile~1" .r.m.j and the "computer agoe" al10wed for cellulart~lo9Y . ." a reality. 'l'he ce11'Ular system is also allotted a.a.1"_"" of channels (333) ,but uses them more efficiently. By"df," constructing many relatively short (100'-300'), low ~cf':(:.c,~o wat.ts) transmitters, each strategically spaced, .cel1~.r. . can efficiently reuse ita channels several timeSt:.hr01l~:t ................ HSA. For example, the channels assigned. to a site in ari~m,.. suburb of HinneapolismiCJht be reused. in areas west, or"'~h o~ . 8t. Paul. Another example of channel reuse is the tel<<v! industry's use of the 13 VBF channels, but' on a.nch largE'. geographic scale (i.,., Channel 4 in Minneapolis is they,,". frequency, but not the..sameproqramminq as Channel 4 . iJt.ob~o~ st. Louis, omaha, etc). '. . . . . CBLt.lJ1:.U. DURr08SDVICJJ IX DB nnr CI'rX:I.D\fJt01tor.J:ftB ........ AS nov:tDBD BY' CBIaLULU.' OD . e;;- ?",',T 'l"r',:~ "'.i.'-'.',::;- t .:~ .; !, ;,"'I::{:'"" .. . . . . accOllDIociate tbegrcwi.nq number of people who ~e ~";c.llula%' phones. Cellular g:t"owthcan_ attributed to \he ;%'.cogn~'J.J.on, by business and.emerqency servio. ,that 1the cellUlarv~l.()J't.i.'e. an invaluable ce1lUlWlicationstool. Beyond cellular'.~j,;~U$ '. mobile phone advantaqes, theaddi tien ofa .od_and~' computer allowapo11ce,meciicalpersoMel, orbusi~.@' . on send andree.ive ~.. via ra410 waves frena r..,t.~. . .....",.(? Cellularservioe improves the quality of lite in a~'tri.,.;: It: is beneficial in attractinqnew busi1utsse., ~lstin9'''in.s_ are more productive, and emergenQy services .opera'tf.ure efficiently. ~ <<" \ OSx.r.",01IB: A VZllY :tKPOllftIt'l B8SBlftINiS~. !rO YOUR ~ The Federal Communications commission common car1:'4.ftstation license qives Cellula.r One the aut.n.ority,to 'o~ate,th"'J.ocal/;. non-wire11ne callu1.. system"and finds tJ:lat authori'tyto'~U1 ...... the public convenience and necessity. Cellular~.iso""O,ftwo cellular proviclers.!.n Kinnesota whose sole ~.J.:.. .to.at' .tmI1' communications needs of various communities. JUsillAsa ~owth/Inc,~_ad ~od~~t;tviqr OVer the past 12 months, Cellular One's customer base haS.gTQWD by 74' . :eased on an extensive review of cust01lle:rreapodsabd phone usaqe, we f1nd it 'in the best interests ot;tm.se' individ~ls tobuiJ..d. additional cOllDIunications taQ.ili't.i.e$.(_~ as cell sites.) .".'acilities will accommoda1t....th...,1nc:r..... in traffic on our system and enhance our broadcaG.~11:.y.1; Ultimately reaulti.,nq in many communications beftef:l.ts.i'your city's top buainess and civic leaders. Recent. customer su.:rveys show that cellular telephone us..' c::ite increased productivity as the main reason for usiD9 < the. < < technoloqy. Business people turn "down time" into!p~ive time; inciiviciuals Who spend only one hour a day beb.ind .~,;".l without the benefit of. cellular phone lose tb.e~ival_tof one business day every week or 10 business week$everyy.:urt. By., addinq value to tbe.1r commute, business p4!opl.c_-__-~.~t~; for tn_elves. Since time is money, people wqo... .. ". for tnemasl ves can.maka 'mOre 1IlOney . And bottom. l.it're.prclfll'. . Y is extremely important to Minnesota's aehieversand hy~4_i.ion makers. ~ cont~ibutiQt1 to communi ty - Enhancement ot{.,~.~v.Lfte. But economics is not the only aspect to be cons:idK.......JJt1.' introduction of c::rrllular technoloqy has .nhanClld~~l~ty of life in our beautifUl state. ,", 9-1-1 emerqency communications are also aco.ss1bJ.e.1 subscribers I cellular 'telephbnes. 'curr.ntly I the.S. . ."~l receives several huadred 9-1-1ca1.lsper IIlOn"th, ~'tQtW'h'J.cb deal with freeway events such asaccident.s, clr!.v~iftj...t..,., stx-andedvehicles and suspicious dri vinqbehe.vior,....__..ced to motorists involved in DWI si tuations .'Phe;.c:ell~la:r;,.,.te.'t which is capable ofde'termining the particU1arcell: .L~fjl".~:r:e.t:; . which the 9-1-1 call was placed, then routes 'the ot'it . . ..... information to the proper authorities in oneA.of.:t.he .. .........;' metro area 9-1-1 answering centers. Cellul'ar one'~<i',UlIiI.;U',"';~l are free to subscribers. C.~lJ1lar '. As An Essential S~Jc, But. cellular technolOC)Y is a lot. more thanjust;c~f;t~.., .' . . . Cellular is beingadept.ed by ofticials in *.~lific....~..tcr}/ ". use in providinq continuous, reliable CO:mJlluntca.iZ.i......;<," .... capabilities. .. .....; . Drivers with car phones travel twice as mu.cbas ot.-*. but have one third' .fewer accidents. AccordiJ'l9't:.Q.;l survey, cellular user_ on our roads contr:t.IN.u .'t.e>iJ"O throuqh their timely and reliable reponllof'.thre,. conditions , acci~nt..." traffic jams and. o'tl'l~.ro..:d.' .~ emergencies. . An example of this theory in action is ~. ee.J.,J.ulq.i.' . Traffic Spotter Network, which bene tits notonlyCilcl subscribers but all Twin citians. SUbscriblara.WI).o this network can provide 24-hour a" day in'Q~ti_, of troubled areasaJ.ong our state 'sroadway$~' . C6~1._' Traffic spotters simply dial *KS95 and re~ travel.s which concern all _tt'o LC01Dllluters. . " .' Many c01D1D1:U\ities ha~plann.d ahead for this t.ypeol/cr.ls communicationsslto.atfon, oft:.4I'l using cellular..rv~...J. "back-up" communiCfl'ticn. sourCe to polieeandftr., .... . and emergency medical. services operations. Fore~ traditional Hi~li.City RaIl phone lines ever..! answering center , the_calls viII ):)e r.-rou'tedto,p~ uninterrupted saryl.,to 9-1-1 callers. AS the '!WinO,."- virelineoellular p~icler equipped vith a sopt11st..t.__~ii"t.... of-tbe-art .icrewavenattwork, Cellular One depand.ltl ncmr competition on .taadard telephone company lines for ..'V~a . transmis.ion. '. Cellular techlloloqy.i. currently being used in varlOU11 .1 ther a. a primary,' or back-up soureeof cO_\micati~.i'.'P., /' note th.fOllO.Wi..ft9......C....ltY.;'. ove~ent Ofti.C... .and ...."s.c....p........................i~........ . . vho are currentlYfI9leYi.nq Cellular One product..ams.... .__.,.iCB..........'to more fully and efficiently mee't the needs of th.ir)t~ive' CGlDJIlUftities: . .' ..._ OVa. PODge 8Bema ~'f~tJSI1fG CIlU,vx.aa OlD! SBaftCB ,~rt Police Departaent; An~fCO"'ty central-Comaunioatlons - Anob county CourtbO'QSe AIleD countyH19hway Department Anoka County Parks -.oltaCoun'ty Pollee Oepart:alent. . AQcka ,County Sherlff'sOfflce. ~. Valley police Department Bell. Plaine Community Ambulance Blaine Police.pepartment _ BlOOlJinqtan Fire Department Iloomington.Police Department Board of commissioners Bureau af community Correction , SUrnsville Cri1tte Fund ~sville Police Department Carver City carver county Sheriff CGI International Inc. ,City of, Bloomington Cit.y of ColU1:llbia Heights Police . City of crystal City of Eagan City ,01 Eagan Police Depart~ City of Edina City of Eden 'Prairie City of. Fridley f. .' City of' Hopkins 'cillty. of Lakeville Police City Of Maple Grove Clty of M$ndota HeiCJhts" City of Minnetonka 'J:! ,"" "-, ""'-- "~-''''T'''''-~''' "-,,~'" ;;" .. . city of Minneapolis , . city ot Mpls. Emergency ccntlJJU1ftlca cIty of Mound City Of.V_Sope. .Poli~L Cityot Plpout.b'f. City of Ri9hf!.~d City of 81:. pa'Q,~ Police City of Savaqe City ofShatopee City of SpringLalte par:J,t City of Wayzata . . county of Carver;, D-.kota county Central s~i:c.s Dakota county Publickf.n::.r .... .... ......... Dakota' County' Sheriff "'J..'D.~I'.; Department ofCourt&FieJ.4'.c.;.... ' .' D~tof E1aerg.ncyM.....ni:r......, De~.n1: of Human Se"l~ . De"rtment of Military Aftftrs Ea9an"ireDep~n't: Edina Police' Dep~!;; Elk1liver'oliceDep.~Jtt ~.lsiorl'ire De'pa~ J'ridleyPo:J,ice Dep~! GoldanValIeyPolice De,.~t Hastirtgs 'ire Depart1lel'l:t Hastings Police Oepa:r:tmant Bennepin Cdtlnty coJll1lltl1'd.catlC)ns Hetm.,in county InformatiOn"S.~ice.; Hennepin ~. Hennepin. County Library Henapin county Medical Center ..... Hennep,incounty MedicalBXail1.er' Hennep,in. county. Sheriff's. otftcse Hopkins Fire Dep~t, Hopkins Police Oepa~: House of Representatives' Lakeville Fire Depar;tJMmt Lakeville Police Depa~t Maple Grove Fire Depart:.Rnt: Medina' Police. Dep~~. .enclQta Heig'tlts Police ~~J'1t '. . Metropolitan Aixport .' Kinn.tonka .Fire Oepar~t ~etonkaPolice DaPat"t:llent "Hound ..Fire Oeparbnent Mpls. Employers Retir~' !(pIs. Fire Oeparbnent Sta.:tloll '6 Navy AstJ'onautics ~....' Orono Police ;~rtmen~ Prior Lake City l1a11 Prior Lake Police Depart:Jaen't Property Evaluation';' Ramsey County . . t . .. . . Ramsey county Duplicating R.amsey C. ounty Medical Examiner Richfie14 Public safety R.obbinsdale Fire Department ItObbi:nsdale police Department st.. LOuis Park Police Depart.ment Scot'.t count:y Scott County Sheriff's Office Sbakopee Fire Department South Metro Drug Task Forca: state of Minnesota Washington county Sheriff West st. Paul Police White Bear Lake pOlice Heal t.h care is another area in which Cellular One playa>'jrm important role. ca.. in point: DistrictJleJlorial ..pt." EmeX'9ency Medical ..%'Vices. operates a cellulU'-.qu.tpped.~1anc. which serves the critical health needs of For_1:. Lake and;'.its ' surrounding cCDll1lUniti.es. Before incorporatinq'cel1u.1a.r capabilities with...~y medical service., Districe Memorial Hospital used a traditional 2-way UHF radio syS1:e:m. 1t.d limited broadcast rang. and averaqe EICG telemetry an4<"'.ioe transmission quality. Installation of a specially..;,a4aP_d Cellular One unit on the ambulance has meant increa.$d 'broadc.-ust ranqe,. qreater patient confidentiality <as cellularcalls'are more difficult to llO.nltor than traditional UBFsyste_J,&ndan. easy-to-us. communications system with improved xm.-l--1;U.~ better voice quality transmissions. Since. the cos'tpel:' unltwi'tb cellular t.echnoloqy is considerably less thana UHJP .yst..., , District Memorial haSlMen able tosubstantiallyre4uce' communications costs. Those savings havehelpedth_ toa~ire a new alDbUlance with the new equipment. . Cellular accessiJiJility is also becoming an ..__tials"rvi'cef~ many of oUr state's physically impaired. A 9GOd.. e~Dp1...t.GDnY' Englund. Gordy, a parapleqic for thelatst 3oyea;rs"apltl"oaclte.4 Cellular One in a que.tto construct a speclally-adapt..c:$,~l)Oft. unit that could be transferred back and forth f%omti-i.~ 'v_."to his motorizedlltheelchair. For the physically 'i~r.d,Ifta~i-_in touch meaRS staying in' control. Now; no matt;Wr wbjre SoNy <Joes" both everyday telephone service and. emerqency,co~lC$ttlo_ . capabilities (both while in his vehicle and When mov1ng.'.a:.outou city streets)are as ~lose as his fingertips. Finally, Cellular One occupies an important p~ce intH;atrea.of business security. Remember. the Edina Norwes'bbank<robb.~in 19871 Had the bank been equipped with a cellular }:)usiness security system, the alarm could not havebee12 breach.d~',ORce again, because Cellular One is the only non-W'fnline<:e.l.2.u.lar provider in the TWin Cities, criminalS can't 'rander_e..la~ useless by cuttinq any telephone lines. A special dedtc::.tad phone used only for alarm purposes can be p~a.." to . . A~~", ~ ...~ " '. . " '.." ~ ! "ii, Intro~c:t:1on . . lJD CBLLUUR SYnD The cellular ccncepc'!.. a revolutionary $yst_o~~1. c01D1llunicat..ioDs. this "system is 'designe4 'to t.Ci.I.f..~~';"1:A""Ot"\'ii the-art telel'hon8QOJalaUtticati,ons directlY troa yOU';,""...cl... . ',' ". .... I' Cellular lIIOb11. tedmolll9Y provides exce.1.1ent: quaJ.,,tt.-Y transmission, nu.merOWl Channels tor QO~Q&tlon, .~,....... signi~lcatlt area o't coveraqe. overvie3' .' '!'he coverage area area varyin9 in size from. '4 ,to. 1.1 It. It~U" .f ..u....~..na. '1'heequipment nece.aa.ry within eadb. cell, orc.l1u1:ar :~.Pb!c Service Area (.CGSA,lt)" to maintain uninterrupted. dell.~_ service, is an antlllma, a control I er-C01Ilpu'ter , a 't.z1ltft~~;aftCl' a receiver. ~ '10. 2.2. Coli aU. .J '. "If' Within the cellulcays1:am,DUJIlerouscoftvet..>tii at anyone time. Alac.t wi1:hout excep1:ion,';~ll> have to wait to place a call as do users _. f:1i such as conventional mobile telephones anc1 ",.ai,osi'-:,"__'; possible tor several conversations to 1:ak8..1.ace_>~,:'" channel whenth. caU. originate from ditt..-t, ~~ cells. Each indi vic:tual cell is connected. toa cntal' Switchinq otfice ("ESO"). .,....t.a c... .......... '0 ~ ;.'. > ~-\."~ -'~;i-~ '--~::'-.':~[ This location contains the central compute:r:awit_:"..~_~~jX local cellular system. . The !ft'SO is conn.c:t_to.';~ ~c1i";~i telephone switChing' office . This enables '.. ~ .....~ . place a telephone call to any place in 1:htI....W'Od.d.'f'..'ct.'. necessity ot utiliz.ing' the service. at ~.'" cp~.1t..;tot'~, . ~"r;'<t <'''<<;- >~~ ';;;;,: "If' ,.... I." TIht .........tI... .,..11 IU..,.. .................,'. ./ . . ~ .::.. . . ". ., The M'1'SO allows for virtually uninterrupt.ed service>as ,>c811'. capaci t.y reaches the maximumnU1Dber of cbanneu. IntltAl eve./Qf extremely hiqh usaqewi thin one cell, the C8nt'.:al c~er ("MTSO") can handle .thesi tuation automatically by 811:8_ of.. the followinq....t.hods: (l) The MTSO will ..areb~...~.~.._:L~~ for the channel cap.cit.y to handle more calls.. and .U;t.~t.J~l1~'i. pass the call t.hroWJh t.o tha1fcelJ.: and (2) .t'.h$H'r$Ocaa det.ermine it .a call in progress.' is about. reac1y. to !:Na...~ferred; to an adjacentcell',and it. will then atlt~at.ica11y t.R_t~ of "hand...off" the ea11 to the next:. cell. Both of are acc01llplished abto$'tinst.antaneo~sly, and the" cloes not experienee any int.erruption in ..rvice. When the channels in .000e individual cell beCOille coft'ttn....ly congested,' the probl_ is . alleviated by' di vid.inq t.heQe11.in~ many separate 8malle cells. As long as sutficieA't.qutpaers.t. available ana install",. the cells can cont..itl.. to. _01.1:1: indefinitely. trt... .1...1 n. oono..e .f .......,... To Place a Celll.\I~~~.lAl>Q.one(;~ll The user must. t.urnthepcwerswit.ch to the ..o....po.it:j,ot'l>cmhi. cellular phon.coft~ol unit and must: be certain t.he".ojQ;VlCZ- indicator is not .lit. The> user dials thede.ired t.l~ number on the t.ouch toftedialpad and..c.b:ecks i1:.b.e c:i.t.play.~.1/. for accuracy, and tl)..n presses the If.smm" button. totr__it ....~ . .' call. ,. Sending a can ftorn a Dtnlepboll6 The cent:J:'a.l sit.e of 'the cell receives 'the.ignal"f,~J'8t.bi. informat.ion t.o the K'1'SO. ,Several cells may s:.-ec8,i_ __... t.ransmission simult.aneously, and 'the sit.e r.c.ivln9~~ signal passes it. t.o the MTSO. ~ . \ PI. 2.1 lit. ..'1 wltli tta. .tro....t "an.' ,ll..... It '0 tlto UTe.. The MTSO sends the sigDal to the landline talepborleilfYs'teaand the call. is rout.ed to the number the userue d.b1_. ~ ;- J-~ '102.8 Co.plotlon .f call Iro. MO..II. ....... " . : ,t . . . , '. . . automatically switChes , Fig. 2.1 t1aACfoff 0' oa.. 10"...'.... Allot the above t:r:&n:tIaission takes place as:.rapicU.yaa:wOuld1:he placinq of a call from a ham. or ottice telephone.~;.the hanel-oft takes place from one ,cell to the nett,. 't:J:.bI-'~,is total~y unaware of the transter. To .terminate ~ call,. the user simply pJ:esses th.' .~ by, or in some iutances ntu.t:'ns the handset: to .t;hebrac:JRat:.~dtOb.1t is helel. To Receive a cellul..r 'l'el~hone Call The cellular telephone user's control unit .at be:;'>. ,,~'.~_If mode. To place a call trom a landlinatelephone urd.'t,t:o ._J.;"~. unit,. the caller sjaply elialsthe normal tel~ne.~,.f tiM"'" party with whom they. wish to speak. The land 't81~_\...t.t~ft9 office relays 'the call 'to the KTSO. The WrsoS~"'1dIe':.nt:&. cellular system to locate the specific mobile,un.U:. fte".O identifies the cell closest to the strongestll.t.gmtlanc:1,"11ows the call to be transaitteel from that particu.larc.ll'.,'_~ato the mobile unit. . . . . As lonq as the cellUlar mobile e~ip1llent' 1sdh1 ~( the mobile phone vill rinqand .'the call is ..~ the release switchanCl lifting the unit'.~.e': 'l'here are two con1:rac1:s avarded in every JltlU:J(et: 0....."'1:0.. vireline c:cmpany such as US West,CTE, orContel__~~ non-vir.line ccmpany such as Cellular one Wbtc:h iJa..~a public utility, regulated by the Federal ~_tit.../ Co_i..ion. Cellular telephone is cOM1dU"e4tClJ'-'" _r_Iee> '0:' both public convenience as vell. as for pqbllo n.-sf.t:r_. '.- -. J/ . , ,. . ~ · '~:lS" .c....../.~..........................'". ? .....~... ............ '. . Orr Schelen Mayeron & Associates, Inc. , """'.-....... SEP 2 7 . ,..)~;.- 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners September 27, 1989 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Brad Nielsen Re: Cellular One Mobil Phone Antennae Elevated Water Tower Shorewood, Minnesota OSM Comm. No. 4490 Dear Brad: We have reviewed the information submitted by the Minnesota Cellular Telephone Company for mounting antennae on the water tower and constructing a building to house their equipment immediately adjacent to the tower base. Following are our comments regarding this request: 1. The tower penetrations must be revi ewed by the tank manufacturer, C. B. I. Na -Con. to insure the structural integrity of the tower is not jeopordized by this proposed work. A copy of this letter and the submitted material has been sent to them. 2. A copy of the same information has been sent ,to the Minnesota Health Department for their review and comment. 3. Access to the enclosed area is proposed across a B618 curb and gutter and upa fairly significant slope. If this is primarily for construction purposes this access location should not pose a problem. However, this location is not appropriate if frequent vehicle use of this access is required in the future. 4. Fencinq The propsed chain link fence should not be attached directly to the tower. Speci a 1 precautions must be made to insure the fencing system is self supporting without being connected to the tower. 5. No open cutting of the curb and gutter or blacktop driveway will be allowed i.e. for electriacl service, if such a connection is required. 6. All areas must be restored to original condition. . . { . City of Shorewood September 27, 1989 Page 2 7. No work may begin without first notifying the City. Prior to beginning work a pre-construction meeting will be held. From an engineering standpoint, when all the previous comments have been addressed and resolved, the application may be approved. If you have any questions, please call. Respectfully, ORR-SCHElEN-MAYERON & ASSOCIATES, INC. e~ Il~ James P. Norton, P.E. ~~ City Engineer JPN/cmw 09/89-72 cc: CBI Na-Con Mn Department of Health Munitech Mr. Phil Ti pka J/ . . MAYOR Jan Haugen COUNCI L K risti Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: ?LANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 26 SEPTEMBER 1989 RE: MASON, HERBERT - SETBACK VARIANCE/VARIANCE TO EXPAND A NONCONFORMING USE FILE NO.: 405 (89.34) BACKGROUND Last month it was discovered that a 12' x 12' gazebo was being built, without a building permit, on property located at 27010 Edgewood Road (see Site Location map - Exhibit A, attached). When one of the owners, Mrs. Herbert Mason, came in to apply for a permit, she was advised that a permit could not be issued because the Zoning Ordinance prohibits the expansion of a nonconforming use of property. The use of the property is nonconforming because there are two single-family dwellings on one lot. Further complicating matters, the structure in question was built too close to the side lot line (see Exhibit B). Rather than remove the structure, Mr. Herbert Mason requests variances on behalf of his wife to allow the structure to remain. His request is explained in a letter, dated 6 September 1989 (see Exhibit C). The subject property is zoned R-1C, Single-Family Residential and is also subject to the requirements of the S, Shore land (overlay) District. As mentioned the site is occupied by two homes, plus a small accessory building located on the south end of the lot. As can be seen on Exhibit B, none of the buildings conform with the requirements of the R-1C district with regard to setbacks. The northerly house is eight feet too close to the lake and more than seven feet too close to the side lot line. The southerly house is only 5.7 feet from the side lot line and the shed is too close to both the front of the lot and side of the lot. The lot itself is substandard for the R-1C/S zoning district. It measures approximately 78' x 225' and contains 17,550 square feet of area. A Residential Community on Lake Minnetonka's South Shore It) j , . . Re: Mason, Herbert Setback variance/variance to expand nonconforming use 26 September 1989 ANALYSIS/RECOMMENDATION A. Nonconforming Use vs. Nonconforming Structure. in reviewing this request it is important to recognize the distinction between nonconformlng structures and a nonconforming use of property. Nonconforming structures are those which were built prior to existing size, height or setback requirements, which in one way or another do not comply with current dimensional requirements. All of the buildings on the property in question are examples of nonconforming structures in that they do not conform with current setback requirements. A nonconforming use is a land use or activity which is not allowed and is not considered acceptable in the district in which it is located. Section 1201.03 Subd. 2.c.(4) of the City Code specifically prohibits having more than one principal building on a lot. The subject site currently contains two principal buildings. Section 1201.03 Subd. 1 of the Code distinguishes nonconforming uses from nonconforming structures. "a. Purpose. It is the purpose of this Section to regulate nonconforming structures and uses and to specify those requirements, circumstances and conditions under which nonconforming structures and uses will be operated and maintained. The Zoning Ordinance establishes separate uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this Section that all nonconforming uses shall be eventually brought into conformity. b. Any structure or use lawfully existing upon the effective date of this Ordinance shall not be enlarged, extended, or structurally altered, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or, subsequently amended." Although both nonconforming structures and uses are "grandfathered in" (allowed to be continued at the size and in the manner of operation existing at the time the zoning ordinance was adopted), the Code does allow nonconforming single-family homes to be expanded, provided the nonconformity is not increased. This provision does not extend to nonconforming uses ("... Furthermore, it is the intent of this Section that all nonconforming uses shall be eventually brought into conformity."). - 2 - . . Ra: Mason, Herbert Setback variance/variance to expand a nonconforming use 26 September 1989 B. Variances. While the applicant's letter apologizes tor building without a permit, it does not explain how they can not make reasonable use of the property without the variances. In fact, given the existence of two homes on one lot, it can be stated that their use of the property is more than reasonable. Section 1201.05 Subd. 2.b.(4) states: "(4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district." Allowing the expansion or extension of a nonconforming use in this case would confer a special privilege on the applicant which has not been extended to others. There are several nonconforming uses which have been denied permits to expand in the past. Examples are: 1) enlargement of two-family dwellings in single-family zoning districts; 2) expansions of nonconforming commercial uses (e.g. marinas); and 3) construction on nonconforming billboard sites. If unwarranted variances are granted, a new precedent is established which is not only contrary to the stated purpose of the Code, but could also diminish the City's control over nonconforming uses. In view of the preceding the variance is not recommended. It is suggested that the applicant be required to remove the structure no later than 15 November 1989. BJN:ph cc: Larry Whittaker Glenn Froberg Herbert Mason - 3 - O . 0'-' Z__""'I:..- I .' lJl-.(F,;f:N \J ~ I =:l - ::),Af . --c:( (J)~ - ~~ -t ,. ou () ~ ~ -;Z.- \0 ~ -.1. 00 ~ if.. ~. .,.. '.0 '" ~ ou -- - - -- ~ , K ~ ~ "t ......, ~ ~ ~ .- [ ~ :::s ~ '- ':( ....J Exhibit A SITE LOCATION variance Mason ";-C IJ LE /".: 3 a" "' -~ A I (7' I . ---------.. "'-.~_._-_...- - '-'- ~..-"--.--..."...-.'- -- .-.....-- ,..'--"'-~----- ...------. ::...._.__.--"~ --..-.........,...... ._,. '--""" '-.... ~~-'- 6 I ' , b I".. ..,.,.' ...... ...... '." r..'" -__.0 01:. " r lJ . I f# ~ ~ ' , 'I ~;~e 1" .,: , 1~...~,~+\A~' .. ..~ ./ :I I '4-\ ' J . 0-._ I OJ~~ .~ . ~ ~ CJ ~ loi .~ J'L" ~~\ . .:- .~-y~ ~WELL. .. 't. : I(-?- . . ~ ,I ,,,- ' " f, 35' u~ "J ;b_1:"~ ~ ' -k If\:!~ . 66''-----'::''''' . " , f,'.... 78/ --- ... ~J.~Q""OOd \. I " / V /- - ,- = '--- ,- I ' -- . - " " /'\, : .l.._ !..-\ .,' ~ C'\ r.-h, . '. , .. , . : 1,9> ,.., (' I '.' ..' , - /6 ;,. I,' cf1 t., tt,. ~' I -.) tI\ N ~. ex) " -t /D I C) 0\ (j\ '-, Sj. ~"~ ..I ,,~ .. ,-::'" (,.. ,. " (").' " {Z-o~J ... - - ...... - -- .. .. o 0t770/-C$ . ~J7t7,:f.:--;: 11-0/7 ,"no.I'7(."; ,i/??/? O'?C"'7t.. '/, Exhibit B PROPERTY SURVEY Dashed lines indicate setbacks ;".:..'.._'_':', '.-.' ..~. ...J- . . September 6, 1989 To: Planning Commission City Council City of Shorewood, Minnesota Enclosed is an application for a variance for the construction of a gazabo styled screen porch. Mrs. Mason, in preparation for a lawn reception for our daughter and son-in-Iaws recent marriage, went ahead with the construction of this porch without the knowledge of the requirement for a building permit. For this, we are both sorry. I was unaware of the construction at the time. We have been separated for many years. Also enclosed is a plat showing property lines as well as all buildings on said property. Building plans are not to fancy but I hope they will be adequate. The mailing list of all owners for a radius of 500 feet is also enclosed along with all of their mailing addresses. Had I been involved with this structure, I would have known to go for a permit, however; I would not have interpreted the need for more than the seventeen and one half feet that we have from our property line on the west to the structure. Also enclosed are letters from the six nearest homeowners expressing their feelings to the style and location of the gazabo. Please consider these letters in making your decision in this matter. The building is designed to tie into our deck off of the back door and is structured of like materials used in the exterior structure of the house. It's difficult to give an explanation for a need for a screen porch but a frequent visitor to Mrs. Mason's home is our son-in-law who has a severe allergy to bee stings. With her flowers around the property there are bees. I would like to request the planning commission and the council to consider a visit to the property to personally observe the location and elevation of the porch. Thank you for your consideration. Sincerely, ;N-~0?~ Herbert A. Mason Exhibit C APPLICANT'S REQUEST LETTER Dated 6 September 1989 -r '"I ,. <: ./" /// ." / ". ,,_.... \ i ~)~ ~v sC - , -.-----"---." ...."" - -- -, --"-........ ..- A <<;. f'j-l F\ L ,'. :~ . ' ._'-:~ ...-. - .---. ____.-l. -======1' , . --' .. . - .. -- I' . . '-, ---"-~..".".. _.....___. .._.....~_.u_...._..__~~...._...-.,_.;. ___..,.,...n. "-'-' ." . -..---. ---_...._,..~._.__. ,.---...,-....- ....._.,. ~.,..,....,...,~_.-_.,...."_"...._...\...w-._,_.....~~".....'...,,_.,.v.".-.'. --.... f' Tl SCReEN DO 0 R 1- I 8 '~ b' 8 " \.. 'J I , -j , '.,.4 --...--.......... I~ j\ ," '{ v, - ( \> /' V ) / 2. J 0 II f.. /1 S -r [. l.- Jl 1I In 1"" J I) i\.f ALL I"} I) 'f l~' PIP S ,.' '.J /if L f./ , ,l. . I J /' .' J . J (. ..~ I Exhibit D BUILDING PLAN ~ . cg-3\-~~ . r \Q ~~ \ ~ V\I"/ c.oV\L-e~ V\ ~ \ , --C~e. \ ~~~ ~~ ~-A.Z-€-~O %.~ (\f\~~ C0~~ ~ ~\~\~'" \)...:) \ \ \ \/Je ~ ~re;A-\ ~~S~ \0 ~~~ r ~>J'o~ec-\f ~~~~6 ~~~ ~~~ ;11 ;:-Xi V e<' f\ f: ft n ~to S~ 4-r4 ~lot edJl' ;1 L:tro..r) 5T(f(& c-r 013s-'- Exhibit E-l LETTERS FROM ADJOINING NEIGHBORS . . ~ ~ 1;: w- J ~ ~ ~.,,{-/~ ~~k'~7~ Jrlzt~ ~ ~ ___~ P..-- ~ .--J~~ %~A--~~~~-<L4_~--L -F I~ __--d ~ ~.~~~d ~ -<...Ln .......--d/. ~ ~( ~ ~ 4: 7 ~ J~ r A /'~" _~~~~_____~k~-~ ~? ~~. . . - ~~-~k/~~~~~~ ~r / p . , /'1 rf' ~-r p tr 0 <<' lA.1 C 5/1 Exhibit E-2 ;5cij;T. .:: /t;j'/? /' / .:' //.... /.; // /: ;./..,' /'" {"..( l..., ,-,' / ,_ L L _ j "- ,.., '-(/ I 4.1 .j ,; .- C- / r.. I ~ " ~ / I' ~ t I ,~. ~ . ,- '-'; (") ('~'(~- /',,/ _. ..>.L/i,.;. / '-~/ /" :.... :",,- (,,' ~? ~ - (~' (- ~/.-. J!.. ~ !~ /'Ci {'/' ....../ './ {II '1-/;( //~t.'/)C.:)-/7'~ af- ;!7(/c;Ecl~{lL. {Cff Ail.":)/.lic"C '//h:. . V C../.. _ J / _ / ~ - ;1 . - .': . ' ~ ..;. / ~ , '," /~/ , ~ .' I r ""\ ' --. "' ; -. ~ I '... j'/"/Ii( 'fl.ti'G I~ ('-'~/("""/ ~/!.J/!!-:/G 'T/'/lll Lf.(..<-/ ,/--/[ Ff:/'~-. L,"),/;I '- v - l ..... - L / / - -. {- 1 1- ' .... --:' ./ t'l2-{'.J h[ I 1# c,-- ~-II d (' T {"/t/' r//C ",' (..: C ~ //; { fa /:J t... tiC c' /Ic.i' j c J)L~ {. (_/cclJ"-r?L 7C /fs ()'IJ/e;/{"c.., C, - /J' I I.-J/I/(il (/ C t:; i /~ /, . / -./ --.~ -' .// ['fk! / lid /k d Itt:'/ ;//d /!~'t /-k1/Cdt:2u !l ~ I< 0.5 5 5 Tf.fr-BT l,i7{j.) ,Ec.l(;ccc,ccd A0/. u 5/IC/c't(..ctc/ !/ 7L(-t/t/6 / 1/6--- ? i ~~ J~~~~~A ~ ~ .~~.~.. J-n./~57'-~~~ ~~C::/( ~ Y/~~ /JeR055 STlffET' ~,gS1 d2cr,p.5-~.d.. Exhibit E-3 Gazebo: ~ing Commission Members .october 3, 1989 Invite members to look at property so as to see how Gazebo fits in. Describe ownership: We bought 17 years ago - property then was as it is now. 2 houses - upper very old - cottage with a hotel many years ago. Lower cottage is 25 to 30 years old. Small accessory building - 14 x 8. All buildings are in same location and condition now as when I bought. Use of Property: for past 17 years upper cottage was used by one member of our family only - at any time - I have never rented either property. Summer use only over the first 15 years. Partial winter use only for the past two years. Lower cottage used by Mr. or Mrs. Mason only for 17 years - mostly summer only. Point I am making is that we are not over using property and are not a burden on the schools, police, etc. Size of Properties: Upper Cottage is 798 sq. ft. Lower Cottage is 1012 sq. ft. Combined: 1810 sq. ft. Probably not more than average home in Shorewood. Taxes: Property is valued on basis of two homes - $117,500 market value Taxes of $3,092.49 - Homestead - $2,608.64 Set Backs: Screen Gazebo is 17'2" from West property line - lower house is 2~' from East property line. Upper house is 5.7' from East property line and accessory building is 2.6' from East property line. I mention this because the property east of us is a 50' vacant lot. My nearest neighbor to the East is Mr. Garber and we did try to purchase said 50' lot some months ago - We had learned that it was for sale - Mr. Garber negotiated for both of us and had we been able to purchase same we would each have taken 25' and this would give me more than the needed side lot set backs. My Gazebo is not in conformity because of the required 30' combined set backs 17'2" on West and 2.5' on East. From a practical standpoint the 17'2" is very adequate on the West side. Trade Off: Accessory building is 2.6' from East line. I would propose that we do a trade off. I will tear down said accessory building and landscape area in exchange for leaving the Gazebo at 17.2'. Please consider that all of my immediate neighbors have letters of support for the Gazebo - where it is now located. These letters are in your packets. /~? ~~ \ 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 HEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 27 SEPTEMBER 1989 RE: CHRISTIAN, ROSE - SIMPLE SUBDIVISION/COMBINATION FILE NO.: 405 (89.29) BACKGROUND Ms. Rose Christian proposes to purchase approximately the southerly 150 feet of the lot located at 5830 Brentridge Drive and combine it with her property located at 5905 Howard's Point Road (see Site Location map - Exhibit A, attached). Both properties are zoned R-IC, Single-Family Residential. Ms. Christian's property currently contains approximately 22,236 square feet of area. As shown on Exhibit B she proposes to buy 7550 square feet of the lot immediately east of hers. As a result of the division/combination her lot will contain 29,786 square feet and the Brentridge lot will be reduced to 32,656 square feet in area. ANALYSIS/RECOMMENDATION According to Ms. Christian she is buying the property east of hers to ensure that nothing will be built there. In addition to controlling the property it increases the buildability of her lot. By the same token the piece being conveyed was virtually useless for building purposes. Since the Brentridge lot has existing drainage and utility easements on it, a public hearing has been scheduled to vacate the easement on the parcel she is buying. That hearing will be conducted by the City Council on 23 October. New easements must be established 10 feet on each side of each rear and side lot line of the newly configured lot. A Residential Community on Lake Minnetonka's South Shore II , i . . Re: Christian, Rose Simple subdivision/combination 27 September 1989 It is recommended that the division/combination be approved subject to the following: 1. The applicant must submit up-to-date (within 30 days) title opinions for her lot and the Brentridge lot. 2. The applicant must provide drainage and utility easements 10 feet along the southerly boundary of her existing parcel and 10 feet along the northerly boundary of the newly configured parcel. 3. These items must be submitted to the City within 30 days of the Council's approval of the division. 4. Vacation of the existing easement will be contingent upon the applicant providing the easements described in 2. above. 5. Since no new lots are being created, park dedication fees are not required. 6. Once the applicant has received the Council resolution approving the division/combination she must record it within 30 days. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton Rose Christian , - 2 - " . . ....... 's.:!! i: 'c,'} 7. ~-.i;' ~ , - I'l t I , . I '( :o~ .q ~ l(\ ~ &(\ oC\. ...- o 8 ,~ ::t . r-,: N ..-. '::"-':: ~ ~-J '-" V,; ~'j C'-J..... .~,...,~ ~\- '-J 3 :..t ~ .... Il(\ Q .... GO Ul ---- <f u ~ '" /:, .....-.- "I" (~ "'....... E...~ .~ o "K G ~ -~, .. .,., ~~'. . .. i .~ :~" . ~..:..- ""=' ~ .i ,.... - - (Q C\ U t. f. --r- ...J l.lJ 0 ~ f: . \ --........,... "- .. ~ ." C\J - - - ...1:'-. .,.1 .~ ~ '- " ..J J. (_~), O \r\ "Yy..... '(' . , .,,;. CD .i,O(,/:J' ::.; ~r" t)::'.N .. N 30 SCALE IN FEET o 30 60 '\ . . .....;- \ \ I ,5 I \ \ S B303,.S-Q"W 169,82. '0 __- --1'0 '0 --t--- I ~i:l r-- 0"1" \0 \ I :- CC .J> \ ~ I . g w? I \ ~ I I ~-8 f \ ~ ~ IT1 I \ o:~~ I ~ I \ ~ I IOJ ~' ! ~ jg \ I w; ~ \ I ~~ ~ \ I o~ \ I \ I \ I \. I \ to) I \ P'~ I 1C>70 \ 00" " I 4>-~ \ iN -.N I IJ\w9 0.0 I f"C \ I i r. \ \ \'0 10 " toO- "' .....: \:;.!.V....., Cl 10 I~ \- \ ~~~ '\ \ "'....~ . .~ $~-. \ ... 0 .-<> c \ \ \ \ ~ , 1'33.5'0 . ,. .... ...,.. . ' . ..' ~'Ii vq.. I Olt.oo ~ c: "I:!- < ~r,," _~" o~ _~\9~ Exhibit B PROPOSED DIVISION/COMBINATION CHECK NO. CHECK APPROVAL .ING FOR OCTOBER 9, 1989 COUNC.ETING TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE SEPTEMBER 25, 1989 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 (1) (L) (L) (1) (L) (L) (L) (1) (L) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) BELLBOY CORPORATION LIQUOR PURCHASES $ GRIGGS, COOPER AND COMPANY LIQUOR, WINE AND MISC PURCHASES JOHNSON BROTHERS WHOLESALE IHNE PURCHASES HARRY NIEMELA OCTOBER RENT FOR STORE I NORTHERN STATES POWER COMPANY UTILITIES ED PHILLIPS AND SONS LIQUOR AND HINE PURCH..-\SES QUALITY WINE AND SPIRITS CO. LIQUOR AND WINE PURCHASES RYAN PROPERTIES OCTOBER RENT FOR STORE II US WEST COMMUNICATIONS UTILITIES AND ADVERTISING HARDRIVES PAYMENT VOUCHER #1, PROJECT 89-1 ICMA RETIREMENT TRUST PAYROLL DEDUCTIONS PUBLIC EMP. RET. ASSOCIATION PAYROLL DEDUCTIONS CHILD SUPPORT ENFORCEMENT PAYROLL DEDUCTIONS CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS COMMISSIONER OF REVENUE STATE TX WITHHELD THE BANK EXCELSIOR FED, FICA, MEDICARE WITHHELD BELLBOY CORPORATION LIQUOR PURCHASES GRIGGS, COOPER AND COMPANY LIQUOR, WINE AND MISC PURCHASES JOHNSON BROTHERS LIQUOR CO. LIQUOR AND WINE PURCHASES MINNEGASCO UTILITITES MINNESOTA BAR SUPPLY SUPPLIES NORTHERN STATES POWER COMPANY UTILITIES ED PHILLIPS AND SONS LIQUOR AND WINE PURCHASES POGREBA DISTRIBUTING COMPANY BEER AND MISC. PURCHASES QUALITY WINE AND SPIRITS CO. WINE AND MISC. PURCHASES US POSTMASTER POSTAGE FOR POSTAGE MACHINE US POSTMASTER POSTAGE FOR NEWSLETTER 1,276.19 7,054.88 1,536.18 1,292.00 358.88 993.67 820.09 1,922.58 183.14 93,918.97 468.08 1,470.99 165.00 37.00 813 .48 4,818.97 3,196.14 2,499.40 2,145.57 111.00 114.15 430.96 566.51 1,023.85 1,257.94 750.00 287.50 TOTAL GENERAL 102,729.99 TOTAL LIQUOR 26,783.13 TOTAL CHECKS ISSUED 129,513.12 -1- CHECK APPRovAl STING FOR OCTOBER 9. 1989 COaL MEETING CHECK NO. TO WHOM I S SUED PURPOSE AMOUNT UTILITIES SIGN RENTAL-PLANNING PUBLIC WORKS BEEPER 12X18 VELLUM-PLANNING LAUNDRY SERVICES ORIG. ISSUANCE FEES FOR GO IMP. BONDS 10-1-89 TRAIL SIGNS-WELCOME TO SHOREWOOD PARK SATELLITES RIP RAP/IVY LANE-BALLFIELD MIX/FM LIMESTONE DRILL BITS-PUBLIC WORKS COFFEE,PAP. TOWELS, GARBAGE BAGS BLACK DIRT-IVY LANE SEPTEMBER ATTORNEY'S FEES RETAINER 250.00 DISBURSMENTS 124.60 PROSECUTIONS 2,190.00 LITIGATIONS 100.00 GENERAL 2,644.00 DEVELOPMENTAL 1,080.00 ON-GOING 20.00 FOR BERT ACKERMAN LOSS 132.14 2ND ~ PROPERTY TAXES 1,511.01 PRISONER EXPENSES 243.75 DESK CHAIR FOR JOE'S OFFICE 260.00 COMPUTER SERVICES FOR MAY AND JUNE 602.00 MAMA LUNCH FOR 9/14/89-LARRY 10.00 SAC CHARGES FOR AUGUST 3,984.75 TRUCKING SERVICES FOR COVINGTON 262.50 50 CANS OF TACK OIL 900.00 UTILITIES 28.43 TENNIS AND VOLLEYBALL NETS 326.80 CNESUS TAKER ADVERTISING 46.80 FIRE CONTRACT FOR 2ND & 3RD ~'S 2,754.50 WATER AND SEWER SERVICES & PARTS 4,954.83 TIRE REPAIR/GOGGINS CLEANUP 35.00 POWER COMPANY UTILITIES 1,955.75 TIRE REPAIR 6.75 MILEAGE FOR SEPTEMBER 33.42 JANITORIAL SERVICES FOR CITY HALL 275.00 REPAIR OF LIFTS #6 & #11 3,416.59 UTILITIES 711.87 PRESSURE RELIEF VALVE FOR WATERFORD 120.10 RECYCLING SERVICES 3,610.00 HORNS AND METER FOR RESALE 1,568.40 DUMPING FEES FOR GOGGIN'S CLEANUP 125.27 CHECKS FOR COUNCIL APPROVAL 3058 3059 3060 3061 3062 3063 AT & T ACTION RENTAL CENTER AIRSIGNAL, . INC. ALBINSON AMERICAN LINEN SUPPLY CO. AMERICAN NATIONAL BANK 3064 3065 3066 3067 3068 3069 3070 3071 EARL F. ANDERSON SIGNS BROWNING-FERRIS INDUSTRIES BRYAN ROCK PRODUCTS, INC. COMMERCIAL ASPHALT COMPANY COTTER CHARGE CARD CROSSTOWN OCS, INC. THE DALE GREEN COMPANY FROBERG AND PENBERTHY,PA 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 GAB BUSINESS SERVICES, INC. HENNEPIN COUNTY TREASURER HENNEPIN COUNTY TREASURER KEHOE OFFICE FURNISHINGS MATTHIAS, ROEBKE, AND EBERT METRO. AREA MANAGEMENT ASSOC. METRO. WASTE CONTROL COMM. MACQUEEN TRUCKING MIDWEST ASPHALT MINNEGASCO MINNESOTA PLAYGROUND MN SUBURBAN PUBLICATIONS CITY OF MOUND MUNTICH, INC. NAVARRE AMOCO NORTHERN STATES RED WINGS MOBIL ALAN ROLEK SMALL BUSINESS CLEANING TECHNIFLOW CORPORATION US WEST COMMUNICATIONS VESSCO, INC. WASTE MANAGEMENT-SAVAGE WATER PRODUCTS COMPANY WOOD LAKE SANITARY LANDFILL $ 11.19 21. 20 9.00 5.00 309.48 734.00 557.00 250.00 5,803.34 3,116.71 13.13 345.00 96.00 6,408.60 TOTAL CHECKS FOR APPROVAL 45,555.31 TOTAL CHECK APPROVAL LIST 175,068.43 -2- -3-