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061190 CC Reg AgP " .J " ':~ . -. ! # CITY OF SHORBWOOD REGULAR COUNCIL MEE'l'ING MONDAY, JUNE 11, 1990 coQNCXL. ~.... .... 5755 coUNfty ...~..'~S;l 7:30 P.M. AGENDA 1 . CONVENE A. Pledge of Allegiance B. Roll Call Gagne/ ! Watt.A; "'.i " Sto~::: ," Brancef Mayor Haugen , j' B. Regular Council Meeting - May 14, (Att.No. c. Review Agenda 2. APPROVAL OF MINUTES A. City Council Workshop - May 7, 1990 (Att.No.2A-Mi.nuteS) Applicant: Location: Nanci Strickland Peach Circle/Strawberry Lape ..:' ......... (Att . No. 3A- p.lanner '. ~~~I Request Letter) 3. CONSENT AGENDA A. Street Light Request - Strawberry Fields B. A. Simple.SubdiVision/Lot Area Variance - Oonald (Att.No.4A-Resolution) 4. RESOLUTIONS B. Conditional Use Permit - Richa~d Gay (Att.No.4:a-Resolut.iQn.) C. Acceptance of Improvements - Brentridg~.. '.' .,\f.'.:..Y' (Att. No. 4C-Resolutionl",t~:!:s. Report) . f)Vi C' L ~~. ~ ~~ 0u t{i E . hc-oep-eaRoe of IlII.pro"(7~rnant;e Smit;hLowu. ti].l:"cla. .'_k ,ii, (Att. No. 4D-Re'solutio./'SftfJin..r".' Report) payment Voucher No.3 and Final Payment/ResoltltioaAc<;~i'j;.", Street overlay and Appurtenant Work, projectNo.a.9....l!: ......... (At t ..No . 4E-Reso lut:ionl~X191n'U'''. Report)' .' . ' '\i:. -1- ~.4~~_~^'~-t''':~:-_.:io::i,..j;.;~-::(~-- --,..:. AGENDA - JUNE ll,' 19 9 0 PAGE 2 10. 11. l2. 13. 14. 5. MINNETONKA SCBOOLPISTRICT REQUEST FORTAX-PQRJ'EITED PROPER~Y ~~t~~~~~< Read ~~5. (Att. No. 5~RequestLet:.ter)., Presenter: Location: ,it:: i~<' 6. APPEAL NOTIC! TO REMOVE 7. Applicant: Edward L. Moe Location: 49~0 Suburban Drive r' 3lJ ~l ~o.~e$it APPEAL NOTIC.E '1'0 >REMOVE .... ( ~~~;~~~~;: ~moQ~mi~:::~$=~3P ~...~~ (Att..No.7-Request Lett.e~lNotlee)" ::::::n:~IANca TOm Harr:IS ~~f4 .~ Location: 4715 Lakeway Terrace .!,/~ (A~.~-~~~~ ...... ~ SIMPLE SUBDIVISIQN/COMllII>lA1ION . <4 JQ;.~ a~ .. ~~ ......; Applicant: Dave Johnson (Shorew<.Yod ...' . .. ...., < .), Location: .( 5'.15 Brentri.d;!e Drive..and....5. 695H.....owa.rd......x,.p'~~n.1;..,........aoa.d..<;.'" tJ .. S 10 ~/)~. ~. '4(}, Att. No. 9A....P l_nner' S Report ant,;(9S- - r ~ - ~ ~ Resolution) ..... .' .. ~. --- . ..... >., ;' GOOSE ROUND-UP R!QUEs~OrIJ> ~. fityr~ ~1;lt!J/~ ....~. LMCD COI!l'ROENSm l'I,;<N. -. ROllERT ~~.~.#.'fJ~ REQUEST FOR pART.IC!PATION WITH JULY 4 CELEBRATION COST". '. ~' (Att.NO.12-R~q~e..(~~~~ APPROVAL OF STATE AID AGENCY AGREEMENT . {.4It..Id~......,.i.~........ (Att.No.13-Letter) .'. W.... -'If ~ APPROVAL.OF.CQN1'aACT.WITH PRECISION COMPUT~S (Att.No.l4-Finance D1~~...,.~...,.'..'.'....i'I;t...........~..s.......... .~ Report) . .. ". .,,~/I.t'J,; ZONING ORDINANCE AMENDMENT - ACCESSORY BUILDINGSJ1/' ...~,,~ ~ (At t. No .15- Pitanne'1' ~t,r'W/.~' ZONINGORl)INANCE AMENDMENT - FEllO:S. &o//Jit'6ii .~....~ AATTERS FROM THE FLoOR (Att. N<> .16- Plenne~.".0;;~~ 8. 9. 15. 16. 17 . -2- B. Planning Dir9Ctor's Report A. Finance Director's Report u): ,} < {Vlot:. ;;;~~ .,t J .: . AGENDA - JUIIEll, 1990 PAGE 3 18. STAFF REPORTS 2. Contingency Computer Implementation COD.....Ul~.. $.................. I.'. ....."..1...,.....~. (Att.No.18A-l-Memo> ,,:;S ~. ........ . .'f,f Account for Computers ...;/J~....' (Att.No.18A-2-Memo};'"1" .. ...... 1. Request for , " ,i _ - ~-" ~,' _:o~ 1. Complaint Follow-Up - Larry Johnson and s.rn.il!~:Ij,.s.","Fh" 3 . AtWtJ7)Jr ~ ~ 16 Lt. LJh.C-'7,) PL~ COUNCIL REPORTS sr. _ ~'1>-:'i;;f, 2. Discussion of Highway Barriers - Chris~s~~e~o,~?,c Intersection C. Attorney's Report 1. D. Engineer's Report 1. E. Administrator's Report 1. Option for Bishop Property 2. Tournament Contract 19. A. Mayor Haugen 1. B. Councilmembers I. 20. ADJOURN SUBJEc'T 1'0 PAYMENT OF CLAIMS . (Att.No.20-Check List) -3- COUNCIL WORKSHOP I MONDAY, MAY 7. 199. ",.,\i. 5155 COUNTRY CLUB ROAD . .~ . ~:'.:'.O PM MINUTES CALL TO ORDER Mayor Haugen called the workshop meeting to order at 7:30PM. ROLL CALL Present: Mayor Haugen, Councilmembers Stover, Brancel, Gagne and Watten; Attorney Froberg; Administrator Whittaker; Engineer Norton; Planner Nielsen; Public Works Director Zdrazil; and Assistant Clerk Niccum AGENDA REVIEW Watten moved. Gagne seconded. to approve the agenda with the following additions: 13C. Set date for joint Park Commission/Council meeting. 13D. Executive session to discuss litigation. Motion carried - 5/0. APPROVAL OF MINUTES None RESOLUTION NO. 37-90 RESOLUTION NO. 38-90 TURN - LANE STRIPING - TRUNK HIGHWAY 7 WEST OF TRUNK HIGHWAY 41 Larry McKenzie and Bud Dickson from MnDOT (Minnesota Department of Transportation) told the Council that MnDOT wants to stripe a middle lane for "turning only" on Highway 7 from T .H. 41 \vest to Church Road. The reason being that they have had numerous complaints, and over 50 accidents have occurred in this 1.5 mile stretch ~f highway. McKenzie said that this will reduce the more severe accidents, such as "head-ons". These lanes have been put into operation in the cities of Long Lake, Anoka, and Jordan. All these cities are satisfied with the results. Bud Dickson said 45% of the accidents should be prevented by putting in this lane, thatsapproximately $156,000 worth of accidents a year. The turn lane will be striped with solid "no passing" stripes. They want to try a 50 MPH speed limit. They feel if they can start early in orientating the local people, it will help it to suceed. The lane will also have signage indicating that it is a turn lane. Stover asked what happens when it snows. McKenzie said the salt clears it quickly, and the local people leave tracks that others can follow until the stripes are visible. -1- _...............~ IJ'''- ___._ n~_.__._~._..-.~ . . ,-. '.' .::" :.' "':!"'"';"!"'~:';"'~;;"'~' :;':"_ ,c_:__, , . - .-.- COUNCIL STUDY SESSION MONDAY, MAY 7, 1990. Page two . TURN - LANE STRIPING - T.R. HIGHWAY 7 WEST OF T.R. 41. Stover also reminded MnDOT representatives that a lot of people that use Highway 7 come from other parts of the State. Haugen asked them what they do to inform the area of the change. Whittaker said he would like to see articles in the local newspapers. Watten asked why widening the "bottleneck" was never resolved. McKenzie said he didn't know, possibly right-of-way problems with the lake. McKenzie said the turn lane will actually be a benefit because it \lill separate the eastbond and westbond lanes by approximately 12 I. He said that in 1995 MnDOT plans to upgrade Highway 7 all the way from St. Bonifacius to T.H.41, this is a teaporary procedure to take care of a present problem. Engineer Norton asked about the Shorewood Oaks turn lane because it did not appear on the map. McKenzie said it was taken from an older map that did not show the Shorewood Oaks turn lane, but this turn lane will be maintained. Norton also expressed concern over the entrance to Freeman Park, saying people have a tendency to swing off to the left when someone is turning into the park. The Council agreed. McKenzie said after the turn lane is put in, if problem areas show up, they will send out a maintenance crew to put in additional turn lanes. Watten said if the l~ne is put in,it is important to reduce the speed 1 imi t and monitor the" traffic. Dickson said it is important that the police do monitor 'the area, or it won't work. Brancel asked if a traffic count had been done. i"'- '.. Dickson saia,":,':res: 1989.. :.. .14i496 1988......14,247' 1987..... .13,418 _..~ Engineer Norton asked when they would start. McKenzie said in June of 1990. Attorney Froberg reminded the Council that they proposed a Resolution at the March 12, 1990 Council meeting opposing the plan being presented at this time. HcKenz ie explained to the Council how they determine ~the speed limit. He also pointed out that one slow driver should slow down traffic. The Council asked questions about how the turn lane works with traffic coming from both ways. McKenzie explained at length. Gagne Lloved, Brancel seconded, to adopt Resolution No. 37-90 - "A Resolution rescinding action taken March 12, 1990" which objected to the two-way turn lane. Motion carried by roll call vote - 5/0. - - -----,..--------- - . ~_,.. -r.'_~' . COUNCIL STUDY SESSION ,MONDAY, MAY 7, 1990 . Page three . TURN-LANE STRIPING - HIGHWAY 7 WEST OF 41 - continued Gagne moved, Watten seconded, to adopt Resolution No. 38-90 - "A Resolution Approving Layout for 2-way Left Turn Lane for T.H. 7". Motion carried by roll call vote - 5/0. HIGHWAY 7 INTERSECTION PLANS Engineer Norton said MnDOT had made the changes requested by the City. Mark Benson of MnDOT said the changes are minor, such as a sidewalk easement, and are not noticeable on the revised plan. Bids will be let on both the Vine Hill Intersection and the Christmas Lake Intersection in August of 1992. The work will be done in the Spring of 1993. A Public hearing on the Vine Hill Road Intersection will b~ held at the Shorewood City Hall on Wednesday, June 20, 1990 from 5:00 to 8:00 PM. The hearing will be an "open house" hearing taking place over several hours so there shouldn't be too many people at one time. MnDOT will have several people present to answer questions, as well as maps, tape recorders, and comment cards. They will give an oral presentation at approximately 7:00 PM and would like to have a City representative present at that time to hear questions. No public speaking will be allowed. A legal notice will be put in the paper. If the City requests it, they will send a press release to the local newspapers. They will also hand- deliver notices to the people directly affected. Benson said the City of Excelsior gave them a mailing list. If the City of Shorewood wishes to do this, MnDOT will send notices to these people. Gagne said the people in Shady Hills are interested. He also suggested putting the hearing information in the City newsletter. Vine Hill Intersection Gagne asked if the intersection is now off private land? Benson said yes, it is about 30' away. Benson also said the trees will remain. Arnolds, Burger King, and the Shorewood Liquor Store building will be removed to make room for the intersection and new service roads. Watten asked MnDOT if they will relocate these businesses. Benson said they will do an appraisal and make an offer. They also have a complete relocation package if the business owners are interested. MnDOT would pay to move them under this package. Benson said if they would come straight across (in the direction of Video Update) as suggested by Haugen, it would create a really sharp curve on the west service road on the south side of Highway 7. Stover asked about the traffic flow. Benson said going straight through the intersection - twice as many cars go south as go north; twice as many cars go northeast as go northwest. Stover asked if cars had to make a wider turn if they came north and turned east? Benson said the cars enter the intersection at a perfect right angle. There will be a concrete median down the center when coming south on Vine Hill Road, and two lanes on each side. -3- COUNCIL STUDY SESSION . MONDAY, MAY 7, 1990. Page four . Vine Hill Road Intersection - continued Stover asked what would happen to the islands inside the service road loops? Benson said MnDOT had discussed making one a park and ride site. The other one would be wetland area. The service roads will now be at the same grade as the existing parking lots. He said the service road to the east of Arnolds will stay within the retaining wall of the building to the east of Arnolds. Stover asked if Niemala would be allowed to exit ontc the service road if he wanted access to his property? Benson said yes, the access location area would have to be considered - medians are never broken for access purposes. Benson also mentioned the possibility of sidewalks across the highway and around the service roads. He said curb cuts could be made for bicycles and wheelchairs. He said they can build berms free for future sidewalks, but putting in sidewalks requires City participation. Nielsen asked if the billboard near the Shorewood Liquor Store would also have to come down? Benson said yes. Nielsen said the Rapid Oil Sign will come down in June of 1990 per Conditional Use Permit conditions. Gagne told Benson that Shorewood and Minnetonka intend to widen the service roads from the Old Market Road Intersection east to the Minnetonka High School. Benson said Deephaven has approved this concept. ~wo houses on the east side of Vine Hill Road on the north side of Highway 7 will also have to be removed so the road can be widened. Stover asked if Deephaven had mentioned placing any signs on Old Excelsior Boulevard? Benson said not yet. Someone asked about drainage in the ditch on the north side of Highway 7. Engineer Norton said the majority of the drainage goes to the east. Benson said if there is a drainage problem, MnDOT will fix it. Engineer Norton asked about the type of curbing on the service roads. Benson said it will be barrier type curbing. He also said the City had the right to make the decision on whether or not to have stop signs on the south side of Highway 7 where the service roads come into the north/ sosuth crossroad. Gagne moved, Brancel seconded, to approve the concept plan of the Vine Hill Intersection presented by MnDOT. Motion carried - 5/0. Christmas Lake Road Intersection Benson presented a plan of the intersection drawn by the Engineer of the City of Greenwood. He said a new service road would be created going west and exiting onto Old Excelsior Boulevard. The road coming south from Old Excelsior Boulevard would be two lane going each way. There would be concrete islands down the center, with a break where you come out of the station. At this point you could either go directly across into the new service road, or turn left to enter Highway 7. The Council was concerned over the fact that this plan takes land from Interstudy, instead of using the less desireable land to the west. Watten felt the intersection should be moved west into the area of the Crown Auto property. He asked MnDOT representatives to try to convince Greenwood to do this. -4- COUNCIL STUDY SESSION MONDAY, MAY 7, 19906 Page five ., . Christmas Lake Intersection - continued Stover asked Benson if MnDOT has now, or ever, considered closing the Christmas Lake Intersection and using the Mill Street/Highway 7 inter- section? Benson said MnDOT has a 20 year plan to upgrade Highway 7 all the way from 101 to 41, and this could be a possible future project. Administrator Whittaker reminded the Council that they had approved the Shorewood side concept on March 12, 1990. It was mentioned that at that time the intersection was out of the Interstudy property. Stover moved, Watten seconded, to reconsider the March 12, 1990 vote giving approval to the concept plan. Watten said why take property that is so beautiful instead of swampland? Haugen said she has received many phone requests to fix the intersection. Motion failed - 2 ayes/3 nays. Benson said on the relocation of the service road, one rental house will have to come down, and two garages will require relocation. Norton asked for clarification - what happens if the property owner does not want to sell? MnDOT will handle condemnation. Haugen reiterated Watten's request to have MnDOT representatives barter with Greenwood regarding the Crown Auto Store location for the intersection Watten made it very clear that he strongly disapproves of the J-barriers. He asked MnDOT to look for something more aesthetically pleasing. REPORT ON CHANNELIZATION ISLAND IN FRONT OF SHOREWOOD CENTER zdrazil said he talked to Todd Sommons, a Minnesota Highway Supervisor. Simmons said the island belongs to the Shorewood Shopping Center. Norton said this is not our problem, MnDOT and Ryan Construction should get together and solve it. AUTHORIZE AN APPRAISAL OF WATERFORD III - BEFORE AND AFTER PUBLIC IMPROVEMENTS Attorney Froberg said this would mean getting the appraised valuation before the intersection and after the intersection is installed. He said an appraiser would use comparable sites to figure how much the developer benefits. Froberg said he reviewed the contract today with Robert Thistle. They would like to get a response from the developer. If he agrees with the City proposal, the $4000 appraisal may not be necessary. Stover moved, Watten seconded, to table this issue. Motion carried - 510. -5- "-., '''t:!:' 'J \,;uuJ.'t~.LJ.a l"l.U.'U.LI:'~ COUNCIL STUDY SESSION 'MONDAY, MAY 1, 1990 . Page six . COST ESTIMATE TO UPDATE WATER PLAN Engineer Norton presented OSM's proposal for updating the Comprehensive Water Report. He said the proposal identifies the Scope of Work, Task Descriptions, and associated hours they estimate are required to do the work. Their estimate is $3,300. The update would be more directed toward updating the costs to install the remaining system and identifying the number of future connections to that system. Comparing the two numbers would provide the estimated assessment for the future user all of the remaining system was installed They would also compare the several separate water systems as to why some areas experience more problems than others. They will investigate the ravl water chemical makeup of each well and discuss methods of utilizing the better quality wells on a completed water system. They "t-lill not discuss treatment methods or costs. Gagne moved, Stover seconded for purposes of discussion, to approve the proposal from OSM for updating the Comprehensive Water Report, not to exceed $3,300. Haugen asked if softening or iron removal were included? Norton said no, they were specifically left out. Stover asked if the average price per household is included? Norton said yes. Haugen asked the Council if the majority of people now want water, if they would reconsider their decision? Council said yes. Norton said they would figure the cost for putting in the remaining system, and the number of connections. When asked the timeline, Norton said he would have it by the second meeting in June. Norton said that tying the wells together would eliminate the "start/stop" problem at Amesbury. Gagne asked if raising the ',well pipe a foot would make any difference Nor.ton said no. Gagne asked if the City should go after the person that drilled the well? Norton said no. Norton said the iron content of the S.E. Area system is higher in iron content than the Amesbury Well. Stover asked what the disadvantage of hooking the wells together would be? Norton said cost. Norton said if the two systems were hooked together and the Amesbury Primary Well was used, tbe water would be better. Gagne said if the water crossed Highway 7, the church sprinkling system could be done. Motion carried - 5/0. -6- COUNCIL MINUTES COUNCIL STUDY SESS~ MONDAY, MAY 7, 199~ Page seven . REPORT ON RESTRIPING SKITHTOWN ROAD AND LAKE LINDEN DRIVE Public Works Director Zdrazil said the striping on Lake Linden Drive is not holding up. The people that did the work will redo it free of charge. He has not been pushing them due to the weather. CALENDAR FOR MAY AND JUNE May 14... ...... ...Regular Council Meeting Meet at 6:30 May 21... ....... ..No meeting May 28... ....... ..No Meeting (Holiday) June 4... ... ......Study Session (Discussion regarding joint Park Commission/Council meeting) June 11.. .........Regular Council meeting June 18... ........Joint Park Commission/Council meeting COOPERATIVE FINDING - FRONTAGE ROADS Stover moved, Watten seconded, to apply for cooperative funding available for the frontage roads. Motion carried - 5/0. MILFOIL INSPECTIONS FOR CHRISTMAS LAKE The Chrismas Lake Association wants to know if the City will participate as they did last year. The cost last year was $632 for two inspections. Gagne moved, Brancel seconded, to participate in the same fashion the City did last year, and to reinstate the contract similar to last year's contract. Motion carried - 5/0. OPTION ON BISHOP PROPERTY AND PARAMETER FOR C.U.P. ON PUBLIC WORKS FACILIT~ Watten moved, Gagne seconded, to have Staff proceed with the Bishop negotiations. Motion carried - 5/0. CONTROLLING MEETING LENGTH Attorney Frobert said the Council can pass a Resolution adopting Roberts Rules of Order, or they can continue under their own rules. If they disagree with the decision of the Chair, they can put it to a vote. Shorewood has been flexible. There have not been many problems. Gagne moved, Stover seconded, to proceed as and to leave it to the Council's discretion. the City has done in the past, Motion carried - 5/0. STAFF REPORTS En~ineer's Report None -7 - ,.-.......<-........,.. :.. '; \.IUU.L'V.L.LI "'-"'~..L'U ............ COUNCIL STUDY SESSION MONDAY, MAY 7, 1990. Page eight STAFF REPORTS - continued . Administrator's Report League Conference The League Conference will be held June 12-15 in Duluth. Administrator Whittaker, and possibly Mayor Haugen, will be going. AMM Annual Meeting Haugen will attend. MCMA Conference Administrator Whittaker will attend. Logo for Council Cbambers Mr. Hunter is no longer interested in doing the logo. Freeman Park Field Irrigation Gagne felt input was needed from the Park Commission. Zdrazil said they can't water enough without irrigation. Norton said he supports irrigation. Gagne moved, Brancel seconded, to table irrigation until the Joint Council/Park Commission Meeting. Motion failed 2 ayes/3 nays. Watten moved, Stover seconded, to hay OSM give an estimate on preparing plans and specs, taking bids, etc. Motion carried - 3 ayes - 2 nays (Gagne and Brancel) Planner's Report Nielsen explained that the Squires on Christmas Lake are now taking their domestic water supply from the lake. He read the code. He said they are putting on an addition at this time. This creates a cost problem regarding putting in a well. They are asking for a two-year extension. The code can be waived for a two-year period if the Planner recommends it, and the Council approves it. He is recommending it, and asking for Council approval. The Council prefers to have the well put in at this time. ADJOURNMENT TO EXECUTIVE SESSION Gagne moved, Stover seconded, to adjourn to an Executive Session at 11:04 PM. Motion carried - 5/0. RECONVENE Watten moved, Stover seconded, to adjourn the Executive Session, and to reconvene the Study Session at 11:19 PM. Motion carried - 5/0. -8- .,.,.-';'-;"" \.#VUJ.''''.1..Lo J:~u.L .LL'''' COUNCIL STUDY SES~N MONDAY. MAY 7. 19. Page nine . SPECIAL ASSESSMENT - CITY OF CBANHASSEN Gagne moved. seconded by Stover. to accept the offer of the City of Chanhassen to abate $3.343.04 of the original $6.686.08 Special Assessment for Sanitary Sewer on Church Road and. to pay $3.343.04 of the Special Assessment to settle the claim with the City of Chanhassen Motion carried - 5/0. ADJOURNMENT Watten moved. seconded by Brancel. to adjourn the Council Study Session at 11:21 PM. Motion carried - 5/0. RESPECTFULLY SUBMITTED. Susan Niccum Assistant City Clerk Jan Haugen Mayor Laurence E. Whittaker Administrator/City Clerk -9- CITY OF SHOREWOOD . REGULAR COUNCIL MEETING MONDAY, MAY 14, 1990 ~CIL C~~ERS 5755 COUNTRY CLUB ROAD 6:30 PM M I NUT E S CALL TO ORDER Acting Mayor Gagne called the meeting to order at 6:35 PM. PLEDGE OF ALLEGIANCE Acting Mayor Gagne lead those present in the Pledge of Allegiance. ROLL CALL Present: . Mayor Haugen (7:00), Councilmembers Brancel, and Watten (7:00); Administrator Whittaker; Froberg; Engineer Norton; Planner Nielsen; Director Rolek; and Assistant Clerk Niccum Stover, Gagne Atto-rney Finance AGE1\l1lA REVIEW Stover moved, Brancel seconded, to approve 1990, with the following amendments: Consent Agenda Item # 3B - move to item #12A5 Item # 3C - move to item #12C4 the agenda of Monday. May 14, (Engineer's Report) (Attorney's Report) Item #12A6- add to Engineer's Report (Mtka. Country Club-drainage) Item # 8 - change title to: SIMPLE SUBDIVISION/LOT AREA VARIANCE Item #12B5- add to Planner's Report ( Approval-MnDOT agreement- intersection - Hwy 7 & County Road 19) Add executive session - requested by Gagne Motion carried - 3/0. APPROVAL OF MINUTES March 12., 1990 None. April 23, 1990 Brancel moved, Stover seconded, to approve the minutes Council meeting with the following amendments" Page 11 4th Paragraph from bottom, last sentence Capitalize first word T - This - - of the regular -1- ~B COUNCIL MINUTES ~ MONDAY. MAY 14. 1990 Page two ~ APPROVAL OF MINUTES - eontinued Minutes of April 23. 1990 Amendments eontinued) Page 13 - Last Paragraph Line 1 - omit 5th ~ (assess~ments) Line 2 - omit ~ (It~) Page 16 - paragraph 6 - "Haugen said the City has to partieipate to..... Line 3 - word 4 - replace the word low with the word hiKh Page 17 - Brance1's second motion on page Line 2 - add Motion denied = 1/4 (Braneel aye) Page 18 Paragraph 5 - insertion - "Stover asked for the elarifieation of what this committed the City to. Paragraph 7 - add after "Motion carried by... ... ... ...(see attachments). APPEAL NOTICE TO REMOVE - correct spelling of name - after "Applicant:" and in paragraph - Dallman - omit 2nd n. Page 19 Water hookup motion - correct typo - appr~ve Motion carried - 3/0. Minutes - Board of Review - Monday. April 30. 1990 Council asked that approval of the Minutes of the April 30th Board of Review be deferred until the list from the assessor is attached and reviewed. Council also thought they had made two motions, and questioned whether "a motion to allow the assessor to do additional property reassessments of property if the information arrived by a certain date" was missing. CONSENT AGENDA Stover moved. Brancel seconded. to remove items #3B and #3C fram the Consent Agenda. Motion carried - 3/0. Stover moved. Brance1 seconded. to approve a request for water hookup to Chanhassen fram Larry Schmid. 23115 Summit Avenue. Motion to approve the Consent Agenda carried - 3/0. -2- COUNCIL MEETING ~ MONDAY, MAY 14, 1990 Page three . REVIEW 1989 ANNUAL AUDIT REPORT - GARY GROEN FROM ARDO, ARDO, AND EICK Gary Groen, of Abdo, Abdo, and Eick, reviewed the "AnnualFinancial Report" and the Auditor's letter with the City Council and answered their questions. Brancel moved, Stover seconded, to accept the 1989 Audit Report. Motion carried - 5/0. REVIEW REPORT ON THE FEASIBILITY OF IRON REMOVAL AND SOFTENING FOR THE S.E. AREA WATER DISTRICT Mr. Noel Vogen, of Associated Consultants Engineers, Inc., was present. He reviewed the "Report on the Feasibility of Iron Removal and Softening for the Southwest (should be Southeast) Water District of the City of Shorewood, MN" prepared by his. firm, and answered the Council's questions. The Council thanked Mr. Vogen, and told him they would review the report in a Council Study Session. They will then contact him. APPEAL NOTICE TO REMOVE Applicant: Larry Johnson Location: 20820 Idlewild Path Planner Nielsen said Mr. Johnson has gotten some work done, however, he is working many hours and, because of this, has asked for a two week extension. He is not here tonight because he had to work late. Gagne moved, Brancel seconded, to grant a two week extension of the "Notice to Remove" for Larry Johnson, 20820 Idlewild Path, until May 28, 1990. Stover asked when Johnson was first cited. Nielsen said March 27, 1990. Motion carried - 5/0. APPEAL FOR EXTENSION TO WELL REQUIREMENT Applicant: Carolyn Squires Location: 5800 Christmas Lake Road Ms. Squires was present to state that they are putting an addition on their house. Because of this their budget will not stretch to cover the cost of a well. Watten said he thought they should revise their plans in order to have the money to put in the well. He asked Planner Nielsen how deep the wells are in that area, and how much it costs to drill one. Squires said that bids have already been taken on the addition. Nielsen told Watten that wells in that area are usually 180'-220', and the cost is probably between $3,000-$4000. Squires said they do have every intention of putting in a well. Right now they are using the lake water for watering plants and bathing. They use bottled water for cooking and drinking. Stover suggested they check with a well driller to see if their planned addition will interfere with the location of the well. Nielsen said they have a large lot and this would not be a problem. -3- COUNCIL MINUTES ~ MONDAY, MAY 14, 1990 Page four ~ WELL EXTENSION REQUEST - Squires - 5800 Christmas Lake Road - continued Gagne moved, Haugen seconded for discussion purposes, to grant a two-year extension to drill a well to Carolyn Squires, 5800 Christmas Lake Road, extension to end on May 14, 1992; also, if the system that presently provides water from Christmas Lake breaks down, the resident may not repair it, but must then put in a well. Stover asked what the Ordinance says regarding lake water. Attorney Froberg said the State Statute allows the building official to make the recommendation. Nielsen said the use of surface water is not allowed, but the provision may be waived if recommended by the inspector and approved by the City Council. After Gagne and Haugen agreed to amend the motion to provide that Carolyn Squires is to write a letter to the City agreeing to the terms of the motion. Motion carried - 4 ayes - 1 nay (Watten). Brancel asked Nielsen if any Shorewood resident's well goes dry, is it possible to enforce the Ordinance? Nielsen said generally the City would have no way of knowing when someone's well runs dry. There has only been one other case--people tore down an old house and built a new one, and the new well was a condition that had to be met before they could receive their Certificate of Occupancy. Watten said he thought the Ordinance should be revised regarding people with water systems that use lake water. Council asked Nielsen to draft an ordinance revision. SIMPLE SUBDIVISION/LOT VARIANCE Applicant: Donald Mullenbach Location: 5630 Strawberry Lane Brancel asked what the zoning is. Nielsen said RIA. Brancel asked if this would bring the size of the lots to under an acre? Nielsen said yes. Brancel referred to Strawberry Fields and the George Larson property, and said they weren't allowed to divide into smaller lots. Nielsen said in this particular case the City is acquiring considerable easements, 50' on the north for Smithtown Road, 25' on the east for Strawberry Lane, and 10' along the west side of both lots, as well as 10' on each side of the new property line for drainage and utility easements. Based on the legal description of the property before the easements were removed, they had approximately 87,110 sq. ft. Gagne moved, Stover seconded, to direct the Attorney to draw findings of fact approving the Simple Subdivision/Lot Area Variance for Donald Mullenbach, 5630 Strawberry Lane, contingent upon the Planner's reCom- mendations in his April 25, 1990 report. Motion carried - 5/0. CONDITIONAL USE PERMIT FOR ACCESSORY SPACE IN EXCESS OF 1000 SQUARE FEET Applicant: Richard Gay Location: 5695 Howards Point Road Planner Nielsen said Mr. Gay presently has a two-story garage attached to his house. He wants to make the lower level into living area, and -4- COUNCIL MINUTES . MONDAY, MAY 14, 199~ Page five C.U.P. FOR ACCESSORY SPACE IN EXCESS OF 1000 SQ. FT. - Richard Gay . build a detached garage 24' x 30'. This would give him 1,344 sq. ft. of accessory space, 344 sq. ft. over the 1,000 sq. ft. allowed in the Ordinance. Planner Nielsen said his request complies with the Ordinance. He recommends approval. Stover moved, Brancel seconded, to direct Attorney Froberg to prepare findings of fact approviDgG a Conditional Use Permit for accessory space in excess of 1,000 sq. ft. for Ricard Gay, 5695 Howards Point Road. Motion carried - 5/0. Nielsen said Gay is in a hurry to get this done, and asked if he can issue a building permit at this:rimeas long as the entire Council would approve the Conditional Use Permit. Stover moved, Watten seconded, to approve the issuance of a building permit at this~ time to Richard Gay, 5695 Howards Point Road. Motion carried - 5/0. PROPOSALS FOR COMPUTERS RESOLUTION NO. 39-90 Finance Director Rolek explained the process that the staff has gone through in the past year, and the recommendation that was eventually reached. He reviewed his memo of May 11, 1990, which included background, budget and system cost, consulting services, comparisons, individual equipment, and recommendations. Rolek pointed out the precision Computer Services has an excellent record in the area of service and support, and this is an important issue. The Council asked several questions regarding equipment, funding, and consulting. Finance Director Rolek will return to the Council with additional information regarding additional consulting by Jim Stern of Chapel Consulting, Inc. Brancel moved, Gagne seconded, to adopt Resolution No. 39-90 - "A Resolution Accepting Bid of Computer System" from precision Computer Systems Inc. because this is the lowest responsible bidder, taking into consideration the quality, suitability and adaptability of the equipment for the use for which it is intended. Motion carried by roll call vote - 5/0. Brancel moved, Stover seconded, to approve the expenditure of $4,000 for other software costs. Motion carried - 5/0. Gagne moved, Watten seconded, to approve payment to Jim Stern of Chapel Consulting, Inc., amount not to exceed $600, for the purpose of contract negotiation. Motion carried - 5/0. Stover moved, Gagne seconded, to approve the purchase of a Laserjet III Printer from Ameridata. Motion carried - 5/0. Council Break - 8:30 - 8:37 PM -5- COUNCIL MINUTES . MONDAY, MAY 14, 199 Page six . MATTERS FROM THE FLOOR Request for Extension - Bruce Prescher - Plumbline Builders Mr. Prescher said he had paid $1,000 in park fees, and the money had been returned to him by Planner Nielsen because more paperwork is needed regarding easements and title work. He said he has a purchase agreement. He is asking for an extension, and asking the City to accept the $1,000 park fee. He said he will have everything brought up-to-date by JUDe 1, 1990. Attorney Froberg told the Council this is appropriate if acceptable to the Planner. Nielsen said he needs the paperwork by May 25, 1990. Watten moved, Stover seconded, to grant an extension to Bruce Prescher of Plumbline Builders, and to accept the $1,000 park fee, contingent upon the fact that Planner Nielsen must receive the required paperwork no later than Friday, May 25, 1990; and work must be completed by Friday, June 1, 1990. Motion carried - 5/0. PARK COMMISSION REPORT Watten said the Park Commission toured Manor, Cathcart, and Freeman Parks, and compiled a list of things to be done. He said they stopped in Badger Park to look at the picnic tables that Public Works Director Zdrazi1 had purchased. The all approved of the tables. zdrazi1 wants to know where the funds are coming from to purchase additional tables. Niccum mentioned a safety problem in Manor Park. Where you enter the tennis court, there is around a 3' drop. If someone is playing ball they could run right off the edge and be injured. Council asked Zdrazi1 to get an estimate for fencing and bring it to the next meeting. Gagne wants to discuss gate keys at the next meeting. PLANNING COMMISSION REPORT None STAFF REPORTS ENGINEER I S REPORT 1990 Street Improvement Bids Engineer Norton reviewed the bidding had contacted everyone personally by The addendum for DMJ Corporation was although the bid did not show this. Stover moved, Gagne seconded, to adopt Resolution No. 40-90 - "A Resolution Accepting Street Overlay and Appurtenant Work - Project 90-1" _ because the City Council has determined that DMJ Corporation is the lowest responsible bidder in compliance with the specifications. Motion carried by roll call vote - 5/0. RESOLUTION NO. 40-90 with the Council. He said he telephone regarding the addendum. incorporated into the bid, -6- COUNCIL MINUTES . MONDAY. MAY 14. 19 Page seven . STAFF REPORTS <-ENGINEER I S REPORT Resolution Requesting Speed Zone Study on Near Mountain Boulevard RESOLUTION NO. 41-90 Staff investigated 6 locations. It is recommended that MnDOT be asked to do a speed study. Gagne moved. Brancel seconded. to adopt Resolution No. 41-90 - "A Resolution Requesting a Speed Zone Study on a Public Street in the City of Shorewood". Motion carried by roll call vote - 5/0. Glen Road Drainage Study Status Norton said he had a meeting last Wednesday with the representative from the Watershed District, and has a preliminary copy of their report. They had originally proposed handling everything with surface drainage ponds and easements for pipeways and for stormwater ponding areas. They had proposed 3 ponds. Since that time they have eliminated work on pond #1 (the most western pond). They are suggesting some elevation change in pond #2, with excavation in the area to lower the area 2', which will have some impact on the area and on the trees. Norton said they had discussed moving pond #2- 100' away from the house that had been affected by the original plan. The Watershed District will send a report with recommendations regarding the piping running from pond #2 to pond #3, and using the storm sewer for drainage from pond #3 to Lake Minnetonka. Administrator Whittaker asked Norton what he estimated as additional cost, above the $3,700, for field staking and inspection? Norton said between $3,000-4,000. Whittaker informed the Council that the Park Planner had also submitted an estimate, not to exceed $3,000, and to include inspection and staking. Gagne and Stover withdrew tbe motion and the second. Irrigation will be discussed at greater length at the June 4, 1990 Council meeting. Erosion Control - S.E~ Area Water Tower Public Works Director Zdrazil said he can put in the "elevated tower overflow pipe receiving catch basin manhole" for a cost of $2,500. -7 - COUNCIL MINUTES ~ MONDAY, MAY 14, 199P Page eight STAFF REPORTS - ENGINEER'S REPORT -Erosion Control - S.E. Area Water Tower continued . Stover moved, Gagne seconded, to direct Zdrazil to construct the "elevated tower overflow pipe receiving catch basin manhole" as soon as possible; and that Payment Voucher No. 11, Final payment to CBI Na-Con Inc., 24137 lllth Street, Plainfield, MN 60544, in the amount of $4,628.26 be hell and not paid - until Zdrazil has finished the work. Motion carried - 5/0. Gagne moved, Watten seconded, that the $2,500 cost to the City for in- stalling the "elevated tower overflow pipe receiving catch basin manhole" be charged against the water fund. Motion carried - 5/0. Minnetonka Country Club - Drainage Norton said he has been contacted by Mr. Witrak of the Minnetonka Country Club. Witrak is concerned about the old clay tile drainage system, and what could happen to his property if the tile is ruptured or crushed. His major concern at this time involves a lot on Pleasant Avenue. They arf doing a large amount of filling. He is afraid they may damage the lile, if this happens he says he will end up with a lake instead of a golf course. Witrak will write a letter stating he will pay for the work if the Engineer locates the path of the 24" clay pipe. Zdrazil said if the pipe is damaged while the fill is being put in, Pleasant Avenue will be flooded. Nielsen said it would be helpful for the City to know where some of the tiles are. Norton said Witrak would then want the City to take over ownership and responsibility. Haugen said the City had not been involved in this issue in the past. The system was put in many years before the City existed, and there are no easements. Norton said that contracts for City projects require repair or replacement of tile that is damaged during construction. Stover asked if the City accepted money from Witrak, would it set a precedent? Attorney Froberg said he would like to check into the issue, liability, insurance, and whatever else is necessary, and find the best way to accomplish the objective. Brancel moved, Stover seconded, to table the issue until the next meeting in order to receive additional information. Motion carried - 5/0. PUBLIC WORKS DIRECTOR'S REPORT Zdrazil expressed concern over Bracketts Road. He said there is a new home going in. They are hauling many, many loads of dirt into the property. He said the road is such a mess you can't even tell its a road. Attorney Froberg will check into the liability regarding the road, and discuss it with Zdrazil and Norton. -8- COUNCIL MINUTES , MONDAY, MAY 14, 199 Page nine . STAFF REPORTS - continued PLANNER'S REPORT Minnetonka Portable Dredging Dock License Planner Nielsen said Minnetonka Portable Dredging Company, 500 West Lake Street, wishes to add another dock similar to the one they now have, it would be the same size. The docks would be 18' apart. The barges would be moored on the outside of both docks. They would then moor their own boats in the slip where they would be protected from moving barges, and out of the way. The additional dock is a conforming use of the Conditional Use Permit. Gagne moved, Watten seconded, to approve the additional dockage for another dock, 60' x 6', for Minnetonka Portable Dredging Company, 500 West Lake Street, Shorewood, MN 5533l. Motion carried - 5/0. Dock License - Adeline Johnston - 5465 Howards Point Road Adeline Johnston is seeking approval to extend 6 docks because of the low lake level. Gagne moved, Stover seconded, to move approval of extension of six (6) docks because of the low lake level, with the contingency that the docks are returned to their original configuration when the lake level returns to normal. Motion carried - 5/0. Request for "Emergency Vehicles Only" RESOLUTION NO. 42-90 Access in Amesbury Nielsen said a request has been received from the "Amesbury West Homes Assiciation" for permission to install two 12" x 18" metal signs on steel posts with the wording "EMERGENCY VEHICLES ONLY" adjacent to a "safe hit" barrier that will be re-installed by Amesbury West Homes Association across the emergency vehicle easement between Bayswater Road and Garden Road. The signs would be purchased and installed by Amesbury West Homes Association. After discussing the matter with the City Attorney, it was suggested that the City install tbe signs. It was also suggested that the City maintain the safe hits between Garden Road and Bayswater Road. Gagne moved, Brancel seconded, to adopt Resolution No. 42-90 - "A Resolution Directing the Erection of "Emergency Vehicles Only" Signs at Bayswater Road and Garden Road". Motion carried by roll call vote-5/{ It was suggested that the City maintain a small supply of the "safe hit" posts (cost $25 each) so they can be replaced when necessary. Watten moved, Stover seconded, to approve the purchase of six (6) "safe hit" posts, at a cost of $25 each, and that these be stored by the City for replacement purposes of the barrier across the emergency venicle easement between Bayswater Road and Garden Road. Motion carried- 5JO. -9- COUNCIL MINUTES MAY 14, 1990 Page ten . . STAFF REPORTS - continued PLANNER'S REPORT -continued Option on Bishop Property Council directed Staff to make an offer the same terms and conditions that were offer and the current appraisal. Approval of MnDOT Agreement for the Highway 71 County Road 19 Intersection on the Bishop property using used on the original Cross RESOLUTION NO. 43-90 The City of Excelsior has agreed to maintain the intersection, and will bill the City of Shorewood for 50% of the cost. Gagne moved, Brancel seconded, to adopt Resolution no. 43-90 - "A Resolution Approving an Agreement between the City of Shorewood and the State of Minnesota Department of Transportation for the Purpose of Installing a new Traffic Control Signal with Street Lights and Signing on T.H. No.7 at County Road 19 (Oak Street).' Motion carried by roll call vote.:': 5/0. Council Break - 10"40 - 10"47 PM ATTORNEY'S REPORT Approval of Community Energy Council RESOLUTION NO. 44-90 Program Agreement Gagne moved, Stover seconded, to approve Resolution NO. 44-90 - "A Resolution Approving the Community Energy Program Agreement" - such Resolution contingent upon the removal of the entire statement under 113. 113a is acceptable as a substitution for 113. Motion carried by roll call vote - 5/0. Code Amendment to Permit Composting of ORDINANCE NO. 224 Yard Waste Watten moved, Stover seconded, to adopt Ordinance NO. 224 - "An Ordinance Amending Chapter 501 of the Shorewood City Code Relating to Genreal Health and Safety Provisions", and to waive the second reading. Motion carried by roll call vote - 5/0. Summary of Rental Housing Code for Publication Gagne moved, Brancel seconded, to approve the "Official Summary of Ordinance No. 223" for publication purposes; and to amend the date June 1, 1990 to July 1, 1990. Motion carried - 5/0. Ordinance Amendment-Christmas Lake Access ORDINANCE NO. 225 Stover moved, Brancel seconded, to adopt Ordinance No. 225 - "An Ordinance Amending Section 502.04 of the Shorewood City Code Relating to Public Nuisances within Harbor Limits" - an Ordinance restricting boats and motors over 25 hp in connection with Christmas lake. Motion carried by roll call vote - 5/0. -10- COUNCIL MINUTES . MONDAY, MAY 14, 19 Page eleven . STAFF REPORTS - continued s:;. ADMINISTRATOR'S REPORT School District Interest in Tax RESOLUTION NO. 45-90 Forfeited Property The Minnetonka School District has expressed an interest in the property located at approximately 26620 Smithtown Road. The are interested in acquiring this site for possible future school expansion. The Council agreed to take this off the auction but will discuss the use later. Brancel moved, Stover seconded, to adopt Resolution No. 45-90 - "A Resolution Making Application for Conveyance of Tax Forfeited Lands" for public purposes. Motion carried by roll call vote - 5/0. FINANCE DIRECTOR'S REPORT League of Minnesota Cities - Appraisal Rates of City Property Finance Director Rolek e~plained that the League will charge $125 for major structures, $50 for minor structures, and 10% of the total cost for "property in the open" to appraise the value of buildings owned by the City. He estimated the total appraisal cost for doing everything for the City at $1,358. Watten moved, Gagne seconded, to have the League of Minnesota Cities, through "American Appraisal", appraise the City property. Motion carried - 5/0. COUNCIL REPORTS Grass Length Brancel referred to the Sorenson property on Birch Bluff Road. She would like to have the Planning Commission look at grass length problems, and add something to the Ordinance pertaining to this. Planner Nielsen said an inspection was done on this property today - a notice will go out tomorrow. Policy on City Records Haugen asked the Council to consider a policy on people looking at City Records that will protect the person in charge of those records. Watten moved, Brancel seconded. to establish a policy requiring that Councilmembers or others who are not employees of the City to schedule appointments to review City Records; and, that those appointments must be completed during normal business hours unless the employee responsible for that record agrees to stay after those hours to help complete the review; and, that, City records are not to be left open after business hours unless supervised by the responsible employee. Motion carried - 5/0. ADJOURNMENT TO EXECUTIVE SESSION Gagne moved, Brancel seconded, to appr~ve':$;}tbeclaims for payment and adjour the Regular Council mee'ting at 1,1: 15 PM ' andl;;to enter aD Executive Session , -: '.?!.,'~:-i;;' Motion carried -5/0. -11- COUNCIL MINUTES . MONDAY, MAY 14, 19 Page twelve . :~!{ GENERAL AND LIQUOR FUNDS - ACCT NO. 00-00166-02 GENERAL $ 76,070.30 Checks No. 4255-4387 LIQUOR $ 65,056.15 Payroll Checklist Checks No. 203994-204067 Total $ 26,139.97 $ 102,210.27 $ $ 6,109.82 71,165.97 EXECUTIVE SESSION The Executive Session convened at 11:20 PM. Stover moved, Watten seconded, to adjourn the Executive Session at 12:20 PM. Motion carried - 5/0. REGULAR SESSION The Regular Session reconvened at 12:20 PM. Gagne moved, Watten seconded, to adjourn the Regular session at 12:20 PM. Motion carried unanimously. RESPECTFULLY SUBMITTED, Susan A. Niccum Assistant City Clerk Jan Haugen Mayor Laurence E. Whittaker Administrator/City Clerk .. . . MAYOR Jan Haugen COUNCil Kristi Stover Robert Gagne Barb Brancal Vern Watten "' CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 ~.ffiMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 7 JUNE 1990 RE: STREET LIGHT REQUEST - STRAWBERRY FIELDS FILE NO.: 405 (GENERAL) Our office has received a request from Strickland Ventures, Inc. (see Exhibit A) for street light installation. The proposed location for the requested light is shown on Exhibit B. The light is consistent with Shorewood's past policy for locating street lights. It is therefore recommended that approval be granted for the requested location. If you have any questions relative to this matter, please contact me prior to Monday night's meeting. BJN:ph cc: Larry Whittaker Nanci Strickland-Balogh A Residential Community on Lake Minnetonka's South Shore 5~ 1. . . t JUN - 5 1990 June 5, 1990 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear City Council, I would like to request that a street light be placed at the intersection of Peach Circle and strawberry Lane for safety and accessibility reasons. NSP will be installing the electricity about the 15th of June. It is my understanding that the City will pay for this street light and I am told that it is much cheaper to do it now versus later. You ,/. ~ S~~iCkland-BalOgh~ ~h;bit ,... . 811 , I -.- 0$.1] I 1J6 SJ.I,61 51.03<',',': '4l.67 120 I 18) W STILA 00 (0) '" >'" ~'~'" l ~ (19) ~ '0(, ~..') .-r;. ",";' I "s,J6 OlA ( 22) I' :!: 589"49'''''. (:39) I CI~CllE . 4 : (~) 3 , -:( 20) , , f Y-C,s .. '...T OF lOT 10 $tW~lQ) ( 2) <' 16. '''-'J' ,"T" -t-, j :s : ..- \..:J .9 '- :~:~~.~ "_ j 2 ( II) ,.,sp ,> - C' 6l4,35 ,..5'9 - ~ ~,5~--,.' ....~....... 3 ( 12) 160 I .-'.!: (17) fi .,.- f' ':'::-"-200--::=':':-:~ (('7(J) !il! .... \...- ....+.. 100 100 100 Illl8 l&'5S'E li;!! ~ 60.09 ~ ;Jj J :>l ~~ ~ 5 ~OOItt !: ( II) ~ .. '" III ODIt! to; ~ JOI.' lASI 105 (~) 6.U T OlA '-~ f""- lID 6 ',.l R (12) .) <)\ ~. ~. ) .( Y'II , -~ (5) ''''T OF lOT 107 109 i (4) &6 ~IOO rs- ~(( ~~) II ::~~) . ;"',.' \ 100 100 115 LE,Al"" ~I E,,,,,", b; t E> -'I :.~~ !.;, . . "~ RESOLUTION NO. 46-90 A RESOLUTION APPROVING SIMPLE SUBDIVISION AND LOT AREA VARIANCE FOR DONALD MULLENBACH WHEREAS, Donald Anthony Mullenbach and Delores M. Mullenbach (Applicant) are the owners of certain real property in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit 1, attached hereto and made a part hereof; and WHEREAS, Applicant has applied to the City for a subdivision of said real property into two parcels legally described in Exhibit 2, attached hereto and made a part hereof; and WHEREAS, the Applicant and all other parties holding an interest in the said real property have agreed to grant to the City certain road and drainage and utility easements legally described in Exhibit 3, attached hereto and made a part hereof; and WHEREAS, the subdivision requested by Applicant complies in all respects with the Shorewood City Code, except that the two new lots created by the division will contain less than the minimum square footage permitted by the zoning code for the district in which the property is located, and a variance will therefore be required; and WHEREAS, a public hearing was held to consider the variance by the Shorewood Planning Commission on 1 May 1990, for which notice was duly published and all adjacent property owners duly notified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the subject property is located in an R-IA, single-family residential zoning district, which requires minimum square footage of 40,000 square feet per lot. 2. That the property to be divided contains a total of 67,315 square feet in area and is currently occupied by the Applicant's home and a substandard accessory building. Applicant has agreed to remove the accessory building. 3. That the proposed division into two lots, one containing 32,717 square feet and the other lot containing 34,598 square feet, is a reasonable use for the property, considering the location of the existing single-family dwelling on the property. 4A . . 4. The public street known as Strawberry Lane has only 25 feet of right-of-way to the east of the subject site. The Applicant has agreed to provide the City with a permanent easement for roadway purposes over the easterly 25 feet of the subject property which will allow Strawberry Lane to be brought up to standard width for City streets. The Applicant has further agreed to provide a permanent easement for roadway purposes over the northerly 50 feet of the subject property adjacent to Smithtown Road, which will align the south side of Smithtown Road between rlestlawn Two Addition to the west of the subject site, and Pebble Brook Addition to the east. 5. T hat the variance requested will not violate the intent and purpose of the City Comprehensive Plan and will not alter the essential character of the locality. CONCLUSIONS 1. That due to the location of the existing single-family dwelling, the City roads and the easements required by the City over and across the property, the division proposed by the Applicant would appear to be the most appropriate and reasonable manner of dividing the property. 2. T hat A pplicant has satisfied the criteria for the variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by M. S. Section 462.357, Subd. 6 (2) . 3. That based upon the foregoing, the City Council hereby grants the Applicant's request for a variance as set forth hereinabove. 4. That the real property legally described in Exhibit 1 be divided into two parcels, legally described in Exhibit 2. 5. That the City Clerk furnish Applicant with a certified copy of this Resolution for recording purposes. 6. That Applicant record this Resolution, together with the road and drainage and utility easements attached hereto as Exhibit 3, with the Hennepin County Recorder or Registrar of Titles within ninety (90) days of the date of adoption of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of June, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: Ayes - Nays - . . All that part of Lot 10, Auditor's Subdivision Number Two Hundred Forty-seven (247), Hennepin County, Minnesota, described as follows: Commencing at the Northeast corner of said Lot 10; thence West along the North line of said Lot 10 a distance of 185.0 feet; thence South and parallel.with the East line of said Lot 10 a distance of 470.92 feet; thence East and parallel with the North line of said Lot 10 a distance of 185.0 feet to the East line of said Lot 10; thence North along the East line of said Lot 10 a distance of 470.92 feet to the point of commencement. .. .. EXHIBIT 1 . . , LEGAL DESCRIPTION - PARCEL "A": ..... That part of Lot 10, AUDITORS SUBDIVISION NO. 247, Hennepin County, Minnesota described as .follows: Beginning at the northeast corner of snit] Lot 10; thence west along the north line of said Lot 10 " dig U\lIC.~ of 185.00 feet; thence south parallel with the east J lno of said Lot 10 a distance of 254.68 feet; thence east puralIcl with the north l~ne of said Lot 10 a distance of 185.00 feet to the east line of said Lot 10; thence north alon(j saici east line a distance of 254.68 feet to the point of beginning. LEGAL DESCRIPTION - PARCEL "s": 'I'hat part of Lot 10, AUDITORS SUBDIVISION NO. 247, Hennepin County, Minnesota described as follows: Commencing at the northeast corner of said Lot 10; thence west along the north line of said Lut 10 a distance of 185.00 feet; thence south parallel wittl the east line of said Lot 10 a distance of 254.68 feet to the point of beginning; thence continue south parallel with said east line of Lot 10 a distance of 216.24 feet; thence east parallel with the north line of said Lot 10 a distancn uf 185.00 feet to the east line of said Lot 10; thence north along said east line a distance of 216.24 feet to a line drawn east, parallel with the north line of said Lot 10 from the point of beginning; thence west parallel with the north line .of said Lot 10 a distance of 185.00 feet to the point of beginning. . .. /' .. .. EXHIBIT 2 1'..-' , :.,:;.' . .." MltuSuol. Unllo.,", C~"...".n~I". Blank. (1971) \\.. .. I. .1. ... ..-j\''''oI'J~' . .. . -- .....-"" ...1 t. . ..........0..... Co.. .............. . ....~_..__._._---! .. Fo.m No. 28.M-OUIT CLAIM De. I ndividu.1 hi to Cotpontio" or "'I".,shlp No delinquent taxes and transfer entered: Certificate oC Real Estate Value ( ) filed ( ) not required Certificate of Rea! Estate Value No. ,19_ County Auditor by Deouty STATE DEED TAX DUE HEREON: $ May Exempt Date: .,19~ (reserved for recording data) FOR VALUABLE CONSIDERATION, husband and wife, DONALD ANTHONY MULLENBACH and DELORES H. HULLENBACH, , Grantor (s), (marital stacutl hereby convey (s) and quitclaim (s) to CITY OF SHORE\.lOOD , Grantee, a municipal corporation under the laws of State of M1nnElsot,. real property in Hennepin County, Minnesota, described as follows: A permanent easement for road over, under and across the Northerly 50 feet and the Easterly 25 feet of the following described property: Also, a permanent easement for drainage and utility purposes, over, under and across the Westerly 10 feet and the Southerly 10 feet of the following described property: That part of Lot 10, AUDITORS SUBDIVISION NO. 247, Hennepin County, Minnesota, des- cribed as follows: Beginning at the northeast corner of said Lot 10; thence west along the north line of said Lot 10 a distance of 185.00 feet; thence south parallel with the east line of said Lot 10 a distance of 254.68 feet; thence east parallel with the north line of said Lot 10 a distance of 185.00 feet to the east line of said Lot 10; thence north along said east line a distance of 254.68 feet to the point of beginning. Also, a permanent road easement over, under and across the easterly 25 feet of the following described property: (CONTINUED ON BAC&: SIDE) (if more space Is needed. continue on baclcl together with all hereditaments and appurtenances belonging thereto. Donald Anthony Mullenbach ..\[il,: nf~.~d T:: -; :-:t.:I'np I if~r(- Delores M. Mullenbach STATE OF MINNESOTA COUNTY OF HENNEPIN } 55. The foregoing Instrument was acknowledged before me this day of Hav by DONALD ANTHONY MUI.I.ENBACH And DF.I.ORF.S H MIlT T fNRAl'H. h"q)",nA "nA "1 fA. ,l~, . ... NOTARIAL STAMP OR SEAL (OR OTHEJI. TITLE OR RANK) , Grantor (s). SlGNATURZ or PERSON TAKING ACKNOWLEDGMENT Tax Sh,temenU for lhe rul property detcribed In UaI. JnlV\lnlla.' aboWd b. HAl to (lDCludl.am..Ad ad4,... 01 01&11&''')' TlIIS INSTRUMENTWA3 DIlAFTED BY (NAME AND ADDRUS)I. City of Shorewood 5755 Country Club Road Shorewood, MN 55331 JAMES N. GRATHWOL Attorney at Law 216 Water Street Excelsior, MN 55331 .. j. I .. EXHIBIT 3, Page 1 (UCAL CESCit.OlI COtlIINUED) Also, a perm t easement for drainage and utility pu~es, over, under and across the Northerly 10 feet, the Uesterly 10 feet, and the Southerly 10 feet of the following described property: That part of Lot 10, AUDITORS SUBDIVISION NO. 247, Hennepin County, Minnesota, described as follows: Commencing at the northeast corner of said Lot 10; thence west along the north line of said Lot 10 a distance of 185.00 feet; thencc south parallcl with the east line of said Lot 10 a distance of 254.68 feet to the point of beginning; thence continue south parallel with said east line of Lot 10 a distance of 216.24 feet; thence east parallel with the north line of said Lot 10 a distance of 185.00 feet to the east line of said Lot 10; thence. north along said east line a distance of 216.24 fcet to a line drawn east, parallel with the north line of said Lot 10 from the point of beginning; thence west parallel with the north line of said Lot 10 a distance of 185.00 feet to the point of beginning. CON S E N T IDS CERTIFICATE COMPANY, holder of a mortgage on the foregoing premises, consents to and joins in the easements as above set forth. Da ted : , 1990 IDS CERTIFICATE COMPANY By Its By Its STATE OF ss COUNTY OF On this day of County, personally appeared sonally known, who, being each and thc foregoing instrument, and seal of said corporation, and said corporation by authority and of said corporation. , 1990, before me, a Notary Public within and for said and , to me per- by me duly sworn, did say that they are respectively the of IDS CERTIFICATE COMPANY, the corporation nam~d in that the seal affixed to said instrument is the corporate that said instrument was signed and sealed in behalf of of its Board of and said acknowledged said instrument to be the free act and deed Notary Pub]'ic CONSENT TCF BANK SAVINGS FSB, flkla TCF BANKING AND SAVINGS FA, holder of a mortgage on the foregoing premises, consents to and joins in the easements as above set forth. Da tcd : , 1990 TCF BANK SAVINGS FSB, f/k/a TCF BANKING AND SAVINGS FA By Its By Its STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) On this day of , 1990, before me, a Notary Public within and for said County, personally appeared and to me personally known, who, being each by me d~ly sworn, did say that they are res- pectively the and of TCF BANK SAVINGS FSB, flkla TCF BANKING AND SAVINGS FA, the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of and said and acknowledged said instrument to be the frce act and deed of said corporation. Notary Public EXHIBIT 3, Page 2 ~ .. I ........ . RESOLUTION NO. 47 -90 A RESOLUTION GRANTING A CONDITION USE PERl-lIT FO R ADDITIONAL ACCESSO R Y SPACE FOR RICHARD GAY WHEREAS, Richard Gay (Applicant) is the owner of real property located at 5695 Howards Point Road in the City of Shorewood, County of Hennepin, State of Minnesota, legallY described in Exhibit A attached hereto and made a part hereof; and WHEREAS, Applicant currently has a two-level, attached garage with 624 square feet per floor, and proposes to convert the lower level to living space and build a 24 foot by 30 foot detached garage containing 720 square feet, which will increase his total usage of accessory space to 1,344 square feet; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of an accessory use building or combination of accessory buildings containing in excess of 1,000 square feet; and WHEREAS, the application was reviewed by the Shorewood Planning Commission at a public hearing held on 1 May 1990, and approval was recommended by the Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shore.vood as follows: FINDINGS OF FACT 1. That the total footprint area of the Applicant's existing home, after converting the existing garage, will be approximately 2,522 square feet. 2. T hat the total proposed accessory space (1,344 square feet) does not exceed the "footprint" area of the principal structure (2,522 square feet). 3. T hat the total area of the accessory space does not exceed ten per cent (10%) of the minimum lot area for the R-1C zoning district in which it is located (2,000 square feet). 4b . " . . RESOLUTION NO. A RESOLUTION ACCEPTING IMPROVEMENTS IN THE PLAT OF . BRENTRIDGE WHEREAS, on February 2, 1988, the City of Shorewood (City) entered into an Agreement with Shorewood Oaks Development, Inc., (Developer) for the development of the plat known as Brentridge; and WHEREAS, Paragraph 4 of said Development Agreement provided for the Developer to construct and install certain enumerated improvements, which improvements included street grading, stabilizing, and bituminous surfacing, surmountable concrete curbs and gutters, sanitary sewer mains, watermains, and storm sewers; and WHEREAS, Paragraph 15 of said Development Agreement provided for the construction of such improvements to be subject to the supervision of the City Engineer; and WHEREAS, Paragraph 16 of said Development Agreement provided for the conveyance of said improvements to the City by the Developer and for the acceptance by the City of such improvements; and WHEREAS, the Developer has completed construction of the said improvements in the plat of Brentridge, and all such improvements have been inspected by the City Engineer and found to be in compliance with the applicable plans and specifications; and WHEREAS, the Developer is desirous of conveying said improvements to the City and the City is desirous of accepting said improvements from the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City hereby accepts from the Developer all of the above enumerated inprovements within the plat of Brentridge. 2. That said acceptance shall be subject to a one year guaranty period as provided for in Paragraph 17 of the Development Agreement. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of June, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: A yes - Nays - lie Jj;, ... "JUN 06 '90 11:42 OSM MPLS,MN · Q'~U ~:n& ~ WI. Assodates,Inc. P.2 . June 6, 1990 2021 East Hennepin Avc:nue; Minneapolis, MN 55413 612-331-8660 FAl031.3806 Engineers Surve;yors Planners City of Shorewood 5755 Country Club Road Shorew~ MN 55331 Attn: Mr. Larry Whittaker City Administrator Re: Brentridge OSM Carom. No. 1744.67 Dear Mr. Whittaker: The developer of the Brentridge Subdivision has requested the City take over the ownership and operation/maintenance of the streets and utilities. We have inspected these items and find them to be complete and in conformance with City Standards. Therefore, we recommend the City assume the ownership and operation/maintenance of tbe streets and utilities. The utilities being the sanitary sewer, storm sewer and watermain. No additional bond or security is required for these items. The one-year warranty period has already expired. Respectfully, ORR-SCHELEN..MA YERON & ASSOCIATBSt INC. J-- f? ~~ James P. Norton, P.E. City Engineer JPN/cmw 06/90-cosJw.2 cc: Mr. Brad NielseIlt City of Shorewood Mr. AI Rolek, City of Shorewood Mr. Don Zdr~ City of Shorewood Mr. Phil TIpka, Resident Inspector Mr. Glenn Froberg, Attorney Mr. Dave Johnson, Developer .. . . RESOLUTION NO. A RESOLUTION ACCEPTING IMPROVEMENTS IN THE PLAT OF SMITHTOWN CIRCLE WHEREAS, on May 11, 1988, the City of Shorewood (City) entered into an Agreement with William A. Diem (Developer) for the development of the plat known as Smithtown Circle; and WHEREAS, Paragraph 1 of said Development Agreement provided for the Developer to construct and install certain enumerated improvements, which improvements included street grading, stabilizing, and bituminous surfacing, integral shoe formed bituminous curbs and gutters, sanitary sewer mains, and storm sewers; and WHEREAS, Paragraph 11 of said Development Agreement provided for the construction of such improvements to be subject to the supervision of the City Engineer; and WHEREAS, Paragraph 12 of said Development Agreement provided for the conveyance of said improvements to the City by the Developer and for the acceptance by the City of such improvements; and WHEREAS, the Developer has completed construction of the said improvements in the plat of Smithtown Circle, and all such improvements have been inspected by the City Engineer and found to be in compliance with the applicable plans and specifications; and WHEREAS, the Developer -is desirous of conveying said improvements to the City and the City is desirous of accepting said improvements from the Developer. NOW, THEREFO RE, BE IT RESOLVED by the City Council of the City of S horewood as follows: 1. That the City hereby accepts from the Developer all of the above enumerated inprovements within the plat of smithtown Circle. 2. T hat said acceptance shall be subject to a one year guaranty period as provided for in Paragraph 13 of the Development Agreement. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of June, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator / Clerk Roll Call Vote: Ayes - Nays - LID - -JUN 06 '90 11:43 OSM MPLS,MN eOS;\lorr . . ~:n& Associates, InC. 2Q21 East Hennepin Avenue MinneapoliS. MN 55413 612-331-8660 FAX 331-3806 P.3 e June 6, 1990 City of Shorewood 5755 Country Oub Road Sborewood, MN 55331 Engineers Surveyors Planners Attn: Mr. Larry Whittaker City Ad}7linistrator Re: Smithtown Circle OSM Comm. No. 1744.89 Dear Mr. Whittaker: The developer of the Smithtown Circle Subdivision has requested the City take over the ownership and operation/maintenance of the streets and utilities. We have inspected these items and find them to be complete and in conformance with City Standards. Therefore, we recommend the City assume the ownership andoperation/maintenance of tbe streets and utilities. The utilities being the sanitary sewer and storm sewer. No additional bond or security is required for these items. The one-year warranty period has already expired. Respectfully, ORR-SCHELEN-MA YERON & ASSOCIATES, INC. J-- P 1~ James P. Norton, P.E. City Engineer JPN/cmw 06/90-c0s.lw.l cc: Mr. Brad Nielsen, City of Shorewood Mr. AI Rolek, City of Shorewood Mr. Don Zdrazil, City of Shorewood Mr. Phil Tip~ Resident Inspector Mr. Glenn Froberg, Attorney Mr. Bill Diem, Developer Rome Development .. . . RESOLUTION NO._ -90 A RESOLUTION ACCEPTING STREET OVERLAY AND APPURTENANT WORK PROJECT 89-1 WHEREAS, on July 10, 1989, the City accepted the bid of Hardrives, Inc. (the Contractor) and entered into an Agreement for street overlay and appurtenant work designated as Project 89-1; and WHEREAS, said Agreement provided for the Contractor to perform such street overlay and appurtenant work in accordance with the plans and specifications prepared by the City Engineer; and WHEREAS, said work has now been completed by the Contractor, as further described in that certain memorandum of the City Engineer dated May 10, 1990, attached hereto as Exhibit A. NOW, T HEREFO RE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City hereby accepts from the Contractor the street overlay and appurtenant work designated as Project 89-1. 2. That final payment be made to the Contractor upon receipt of Affidavit, State of Minnesota Form 1C-134, and Receipt and Waiver of Lien Rights from Hardrives, Inc. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of June, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: A yes - Nays - L/E . Q~.:~. .~ ~;.1 .t'. Orr r .......:. ,. :;'1 Schelen t. .. '~. ,~ - ., iJil~' Mayeron& . Associates, Ine. . 2021 c...., nellln:l1l1ll\venUe Minneapolis. MN 55413 612-331-8660 FAX 331-3806 v Engineers Surveyors Planners IIay 10, 1990 MAY I , 1990 City of ShoreMood 5755 Country Club Road Shorellood, IIinnesota 55331 Re STREET OVERLAY and APPURTENANT WORK PROJECT NO. 89-1 OSK COHII. NO. 4371 .:::-::: City Council Enclosed are four (4) copies of Construction PaYlent Voucher No. 3 I Final on the referenced project in the alount of . 10,719.02. Pursuanl to our field 'observation, as perforled in accordance Nilh our conlract, lie hereby certify that the aalerials are satisfaclory and the lIork properly perforaed in accordance 1I1th the plans and specifications. Upon receipt of affidavit, Stale of ninnesota ForalC-114, and also Receipt Jnd Waiver of Lien Rights frot Hardrives, Inc., phase lake payunt to Hardrives, Inc., 7200 Hellock Ln. No., naple Grove, IIn. 553b9 at your earliest convenience. Very truly yours, ORR-SCHELEN-IlAYEROH . ASSOCiATES, iNC. ~ cl:7N"~'E' Project Engineer JPN:R6D Enclosures : cc: HARDRIVES, INC. I EXHIBIT A Date 3 &F. ---------- ---------- lIay 10, 1990 CONSTRUCTION PAYMENT ~ER For Period Ending April 30, 1990 , Estilate Voucher No. Project No. 89-1 -------------------------------------------------------------------------------------------------------- Class of Work STREE~ OVERLAY and APPURTENANT WORK -------------------------------------------------------------------------------------------------------- -------------------------------------------------------- To: HARDRIVES, INC. 1200 HEMLOCK LN. NO. MAPLE 6ROVE, MN. 55369 PH (6121 424-4424 -------------------------------------------------------- Location For CITY DF SHOREWOOD, nlNNESOTA -------------------------------------------------------- A. Original Contract Alount $ 112,344.00 B. Total Additions . . .34, 4bB..H C.O. 11 ------------------------ C. Total Deductions . 0.00 D. Total Funds Enculbered $ 14b,BI2.H E. Total Value of Work Certified to Date . 135,038.28 F. Less Retained Percentage 1 . O.llO G. Less Total Previous PaYlents $ 124,320.26 H. Approved for PaYlent, This Report $ 10,718.02 1. Total PaYlents Including This Voucher . 135,03B.2B J. Balance Carried Forward $ 11,774.16 APPROVALS =========================================================================================================:=====c======== ORR-SCHELEN-HAYERON & ASSOCIATES, INC. Pursuant to our field observation, as perforaed in accordance lIith our contract, we hereby certify that the aaterials are satisfactory and the 1I0rk properly perforled in accordance lIith the plans and specifications and that the total Mork is 100 1 cOlpleted as of April 30, 1990 . We hereby recoa.end pay.ent of this voucher. Signed --~:::;-~~~;;;;;_~;;;;;:;-_.-:::::------------------------- Signed '~__~___~~ -----------------------------------------------------------------------------------------------------------~------------ This is to certify that to the best of IY knollledge, inforlation, and belief, the quantities and values of 1I0rk certified herein is a fair approxiaate estilate for the period covered by this voucher. Contractor HARDRIVES, INC.. Signed By ---------------------------------------------- Date : TiUe --------------------------------~------------- ======================================================================================================================== City of Shorellllod Approved for paYlent Voucher ------------------------------------ --------------------------------------------- Checked By : Authorized Representative ------------------------------------ Date Date ---------------------------------------~----- Page 1 of 2 4371 . sttlateVo~cher No. 3 & final . CONTRACT. HARDRIVES, INC. 7200 HElllOCK IN. NO. KAPlE GROVE, IIN. 55369 PH (6121 424-4424 ate : Kay 10, 1990 TREET OVERLAY and APPURTEHANT WORK ROJECT HO. 89-1 or the ITY OF SHOREWOOD, IIINNESOTA ontract Date : JULY 10, 1989 :ork Co.pleted : April 30, 1990 Work Started Coapletion Date : July 24, 1990 SEPTEKBER 15, 1989 TEft 10. SPEC. HO. ITEK WORK COIIPLETED COHTRIICT, THIS AltOUHT TOTAL TO DATE QUANTITY UNIT UHlT PRICE TOTAL PRICE 1I0HTH THIS KONTH QUANTITY TOTAL PRICE ,---------------------------------------------------------------------------~--------------------~--------------------------------- ) 2221.501 Aggregate Shoulding Cl. 2 . ( 1001 Crushed I 1425 Ton 7.28 10,374.00 662.75 4,824.82 691.29 5,032.59 !I 2341.508 Wear Course Kixture ( Incl. Bitu.inous I 2050 Ton 19.00 54,150.00 2311.84 43,924.96 3443.75 65,431.25 II 2341.508 Overlay Underlayaent Fabric 34500 S.Y. 0.60 20,700.00 12560 7,5~6.00 31400 18,840.00 I) 2357.502 Bitu.inous naterial for Tack Coat 10350 Ga 1. 0.70 7,245.00 1989 1,392.30 6630 4,641.00 il 2361.508 leveling Course Kixture ( Incl. Bituainous I 500 Ton 30.00 15,000.00 0.00 0.00 II 2506.501 Structure Adjustaent 39 EA. 125.00 4,875.00 1 125.00 53 6,625.00 ------------ ------------ ------------ Total Bid $ 112,344.00 $ 57,803.08 $ 100,569.84 Change Order No. 1 34,468.44 34,468.44 34,468.44 ------------ ------------ ------------ ------------ ------------ ------------ TOTAL TO DATE ...........................................$ 146,812.44 $ 92,271.52 $ 135,03B.28 Page 2 of 2 4371 Change Order No. 1 . . CONTRACTOR : HARDRIVES, INC. 7200 HEMLOCK LN. NO. IIAPLE GROVE, "N. S5369 PH (6121 424-4424 Date : lIay 10, 1990 STREET OVERLAY and APPURTENANT IIIlRK PROJECT NO. 89-1 for the CITY OF SHOREWOOD, MINNESOTA IT E1t NO. SPEC. NO. ITEK WORK COItPlETED CONTRACT THIS AIIOUHT TOTAL TO DATE QUANTITY UNIT UNIT PRICE TIlTAL PRICE 1I0NTH 1HIS KOHTH QUANTITY TIlIAL PRICE --------------------------------------------~-----------------------------------------------~-------------------------------------- II Fabric 10463 S.Y. 0.70 10463 7.324.10 104113 7,:m.l0 Tad Coat 27bS Gal 0.70 2765 1,935.50 2765 1,935.50 12341 Wear 1130.91 Ton . 21.80 1.130.91 24,653.84 1,130.91 24,653.84 Topsoil Borrow 37 l. Y . lS.00 37 555.00 37 555.00 Seeding S.Y. 0.50 0.00 0.00 ------------ ============ ------------ Total $ . 34~ 468.44 $ 34,468.44 --...~-- Page 1 of 1 4371 . . Minnetonka Public Schools ~ -- ~_.... June 5, 1990 Learning Today for Leading Tomorrow To: Shorewood City Council Larry Wittaker, City Administrator via: From: Tom Berge, Director of Business services Subject: Purchase of Tax Forfeited Property - smithtown Road RF.QUEST: That the Shorewood City Council take formal action approving the sale by Hennepin County to Minnetonka Public School District the tax forfeited property located adjacent to Minnewashta School and identified on the Hennepin County property Tax Forfeited Land list as PID No. 32 117 23 24 0111. Introduction: ------------- The Minnetonka Board of Education appreciates the action of the City of Shorewood to discuss and consider for approval the purchase by Minnetonka Schools of the property in question. The Board of Education has made arrangements, subject to approval of the Shorewood City council, to purchase the 10.44 acre site in question from Hennepin County for the appraised price of $50,000. The property is needed to enlarge the Minnewashta Elementary School site. in response to growing elementary population. Background Information: ---------------------- The need to expand Minnwashta Elementary School, and the five other district elementary schools, is driven by a rapidly increasing elementary enrollment. During the past five years, enrollment in grades K-6 increased by 966 students, or 40%. During the next five years, K-6 enrollment is expected to increase by approximately the same margin districtwide. As a result of the enrollment growth, K-4 buildings are over- crowded and MIS with grades 5 and 6 is full. Additions are now needed to each of the seven (including MIS) elementary buildings in order to accommodate current growth. Enrollment at MJHS is near the rated capacity of 900 students. As the enrollment growth moves into grades 7 and 8 additions will also be needed to that building. In August 1989, the Board appointed a Long Range Facilities Task Force (LRFTF) to identify options for responding to the shortage of classroom space. Several criteria were established for the LRFTF to follow in identification of options to be presented to the Board of Education: Thomas H. Berge Director of Business Services 261 School Avenue Excelsior, Minnesota 55331 (612) 4711-3431 S FAX (612) 470-3432 Avoid opening a4!!w facility which requires4lle addition of more overhead costs. First consideration must be given to enlarging existing facilities. Balance the size of elementary buildings, both in number of classrooms and enrollment. A total of ten options was presented to the Board by the LRFTF. In studying the options, the Board of Education concluded that it would be costly and impractical to add classrooms to all eight buildings now serving K-8 students. As a result, the decision was made on June 4 to change the grade level organization, effective at the start of the 92-93 school year, to a K-5 program (six elementary buildings) and a 6-8 middle school program at two buildings (MIS andMJHS). This option is more cost effective necessitating additions to just six elementary buildings. MIS and MJHS would split grades 6-8 with each building having sufficient capacity to handle projected enrollment growth for the next five years. Minnewashta: Comparing present enrollment to projected 92-93 enrollment, the student population at Minnewashta will increase by approximately two hundred students. This is caused first, by the realignment of grade levels (from K-4 to K-5), second, by the balancing of elementary building size within the district, and third, by a projected increase in the population of the Minnewashta attendance area. To meet the space need at Minnewashta School, the Board approved plan calls for an addition of fifteen classrooms. If the September 11 bond referendum is successful, construction will begin in May 1991. Need for site Enlargement: A) State Department of Education Guidelines: The existing Minnewashta site is approximately 11 acres in size. State planning guidelines indicate a site size of 15 acres is desirable for an elementary facility. As a result, the Minnewashta site size is considered marginal by the Department of Education standards. Prior to proceeding with the bond referendum, the State Department of Education must approve the proposed plans. Acquisition of the tax forfeited property would eliminate any question the state might have on the adequacy of the Minnewashta site size. B) Future Growth: Enrollment continues to grow in the southern and western portion of the school district. Shorewood, Chanhassen, and Chaska are the fastest growth areas. While there is some open space there are few tracks of land, if any, large enough to purchase for a school site. As a result, future enrollment gro~very likely will be addre~ed through enlargement of an existing building. Acquisition of the site in question would provide adequate site space to permit the enlargement of Minnewashta in the mid to late 90's beyond the proposed addition of fifteen classrooms proposed to be started next spring. Impact on Delinquent Taxes: According to Hennepin County, the delinquent property taxes due total approximately $15,000. However, when tax forfeited property is sold through a county sale the entire proceeds of the sale are distributed back to the city, the county, and the school district. Of the $50,000 in proceeds the county will receive 40% ($20,000), the city 20% ($10,000) and the school district 40% ($20,000). Summary: The alternative to purchasing the site is to defer purchase of the land until a later date. However, at that point the site in question may be developed and no longer available. This is the primary open space immediately adjacent to Minnewashta School. It is available at a very reasonable price. Future site expansion, if not dealt with now, will likely occur through condemnation proceedings which is always more expensive to the taxpayers. To the Minnetonka Board of Education, this purchase seems to be a perfect way to address the site size problem, to provide a contingency to accommodate future enrollment growth, and to do so at a very reasonable cost to the taxpayers. Attachments: / A) Projected Enrollments by Grade Level B) Projection Trends C) site Map Copies to: Don Draayer, Supt. Board of Education . . Exhibit A PROJECTED ENROLUmNTS BY GRADE LEVEL ORGANIZATION OCtober Total Total Year Kdgt 1-4 5-6 7-8 K-8 9-12 K-12 -------- -------- -------- ---------------- -------- -------- -------- 84 378 1,333 687 837 3,235 2,116 5,351 85 339 1,528 698 777 3,342 2,046 5,388 86 447 1,518 741 777 3,483 2,011 5,494 87 419 1,737 751 798 3,705 1,954 5,659 88 518 1,850 795 832 3,995 1,827 5,822 89 516 1,972 876 814 4,178 1,751 5,929 Projected 90 519 2,129 962 844 4,454 1,730 6,184 91 519 2,224 1,042 957 4,742 1,740 6,482 Projected Enrollments after Reorqanization of Grade Levels. Kdgt. 1-5 6-8 Total K-8 9-12 Total K-12 -------- -------- -------- -------- -------- -------- 92 93 94 560 2,863 1,632 5,055 1,782 6,837 617 3,034 1,702 5,353 1,894 7,247 617 3,181 1,838 5,636 2,040 7,676 I October 1984 October 1989 Increase. Students Percent Projected October 1994 Increase. Students Percent . Exhibit B PROJEC'l'mN TRENDS Grades K-6 2,398 3,364 966 40.28\ Grades K-8 3,235 4,178 943 29.15\ . 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I I 1 I t I I " :.';".;':..! i I j j I \ I \ ! . . /~ ,Sft~o tJ.A.A.-, I~ ~ ~~~U-R~ ~~>~;rr ~ ~~J-~~~J OAt.... · J~~ {L~~~~r-<- ,-rL~d~,~d~~ ~c-I~ck~ ~~~~ &~ ~ f'l~~~.d ~ -t.Jt.e$'--1-'~ -t,. c.4~ ~ FUV>l-th ~~ ~--.5L ?~~ . ' ~ M.-R- a.~i~ ~d , . l1"'--'{ ~_ """0" /I~ t/ ~ 4YZ.( -1~ · o rv · r ~~ .~U'- ~ d fi4~ ~(;:( ~~ , , -tf:f.uu. ~ J ~ t, ~>'.~~ -&0 ~ (" \ ..P-J-~ ..A.-<L 1'4...::( ~ I ~ ~ ~ /L;#{~fr"'- .,u.,...~')~ ~4-~U-~ ---z;t~vk . ufi~,~c( /~/)?U-z ~99tJ ~~ ~ . . ~ t:;' uA-~ 71'UA~?tj _1;2 / t.5r " . ~ . ... '. ',0 " '.- .. " .. ."..- '"." "..' - ,.,._0,. '.' ;.,.,." .; -. -.:_'. _ .-..... . .' . ~. .4 - . . fJMfJ ~ .. - MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancal Vern Wanen . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 DATE: 18 May 1990 TO: Edward L. Moe 4990 Suburban Drive Shorewood, MN 55331 PROPERTY LOCATION: PROPERTY IDENTIFICATION NO.: 4990 Suburban Drive 26-117-23-14-0082 NOTICE TO REMOVE Offensive and Unhealthy Substances NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter 501, section 501.01 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes the following: 1) Garbage, rubbish, tires, tree parts, construction material and debris, old mower and vehicle parts (approx. 50 cubic yards). 2) Miscellaneous inoperable equipment. 3) Red Ford truck License YR 75942 Tabs 1987 (over 12000 lbs. gross wt.) 4 ) ~1hi te Ford truck - nc. license:. and inoperable. You are hereby required to remove the above-described matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.01 within ten (10) days from the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next j regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days, the City shall tak whatever action as may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lein against the property ***PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION*** BY ORDER OF THE SHOREWOOD CITY COUNCIL. A Residential Community on Lake Minnetonka's South Shore ...-...,- ..--.-......,..--......'..... f J . . MAY 2 5 1990 , . ~d.u3M&P H~-.-- ... ..~-_. .~.:.. .. .M.~ ~.Uf~n ..n,dL.ec(~/rvv'~ _ ..~~.~~u~ ~-6t~(J~~.~~. U (tJifU<: .~'d2~~c ~-dJ~ fum~~ . .~/)(. ...... ~ if ~ .~. ~. r ~t7&; :#7 ""- \ . ";o,l , . . MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 DATE: 21 May 1990 TO: John o. Chambers 195 W. Point Road Tonka Bay, MN 55331 PROPERTY LOCATION: PROPERTf IDENTIFICATION NO.: 24560 Smith town Road 33-117-23-13-0011 NOTICE TO REMOVE Offensive and Unhealthy Substances NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.01 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes the following: 1) Red trailer License No. X79-761 Tabs 1988. 2) 8' x 12' white fish house. 3) White boat on trailer License NB1186 CE (boat) License X33-741 Tabs '90 (trailer) 4) Orange Mustang (inoperable) Lie. No. ASM-817 Tabs May '78 5) Blue Mustang (inoperable) Lie. No. ABD-013 Tabs Aug 180 6) Tan Ford Pick-up (inoperable) Lie. No. YA 28-620 Tabs G-70 7) Approx. 6 c.y. old construction debris, gutters, foam insulation, mise 8) Old washer and dryer You are hereby required to remove the above-described matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.01 within ten (10) days from the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days, the City shall take whatever action as may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lein against the property ***PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION*** BY ORDER OF THE SHOREWOOD CITY COUNCIL. cc: Clarence Clover Ail1erican Legion Post 259 A Residential Community on Lake Minnetonka's South Shore " . . MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO; PL~NING COMMISSION, MAYOR AND CITI COUNCIL F'ROM: BRAD NIELSEN DATE: 28 MAY 1990 RE: HARRIS, TOM - SETBACK VARIANCE FILE NO.: 405 (90.09) BACKGROUND Mr. Tom Harris has requested a setback variance to add a three-season porch at the rear of his home, located at 4715 Lakeway Terrace (see Site Location map - Exhibit A, attached). He proposes to build the porch over 20 feet of his existing 201 x 321 deck (see Exhibit B). The property is zoned R-1D, Single-Family Residential and contains approximately 15,750 square feet of area. The rear yard setback for the R-1D district is 35 feet. As shown on Exhibit B, the northeasterly corner of the proposed porch is 27 feet from the rear property line, requiring a variance of eight feet. ANALYSIS/RECOMMENDATION Aside from wishing to build over his existing deck, Mr. Harris points out that his northern neighbor's screen porch is only 20 feet from the rear lot line. Section 1201.03 Subd. 3.d. of the Zoning Ordinance provides for such situations in front yards, allowing for an average setback where one or more of the adjacent structures is closer to the property line than the required setback. If this concept were applied in this rear yard situation, Mr. Harris' porch would be only one-half foot from the average line created by his neighbor to the north and the required setback (20' + 351 = 55' - 2 = 27.5' ) . A Residential Community on Lake Minnetonka's South Shore 8. . . Re: Harris, Tom Setback variance 28 May 1990 Another factor worth considering is the larger than required front yard setback of Mr. Harris' home. Instead of 30 feet, his house is 53 feet from the street right-of-way. It appears that the house was located far enough back to maintain continuity along the street. In light of the preceding, it is recommended that the variance be granted subject to a condition that in the future the house will not be extended on the front side. This condition not only ensures that neighborhood character will be maintained but that the applicant will provide the minimum amount of green space prescribed by the ordinance. BJN:ph cc: Larry Whittaker Glenn Froberg Tom Harris '. 2 - . @ GOVT LOT 1 1463. 10 RES . ~:" ~;. -0:.. -+}........ \ \ \ \ \ \ \ \ \ '3l. 46: (47) 149.2 " ~ I I .1. AM@ ~M~@ oora ~ ~ (48) ~ LOl (n A '$!I (22) ~ (3) : 222.4 q- B ~( 23) a .-- 19 ----...--_. " I " I -' I - I " I I t t 20: I I (66) : I I I .......147.;....".: I , I ~ Exhibit A SITE LOCATION Harris Setback Variance . SURVEY FOR: THOMAS H. HARQIS . G1541.001 471./ Prepared By: SCHOELL & MADSON, INC. Engineers. Surveyors. Planners. Soils Testing 10550 Wayzata Boulevard Minnetonka, Mn. 55343 Tel. 546-7601 %%.8 --,-; iCO .0 . j ~--l ~ ~ .: - . :.f;: :. '_ _?l_4-:.. _ '. . :J ~ E.."Mt t~,::.::.1 aed'\ <!''>", 0.00 . 0 .{, 8(!' 1 ~(!'~cy . ..00 ! 10 ^~I '1. . ? ~ I 1 I I 50 ~ :i9c1reen i ~::S5 f r-~~ __.....I I 1 ~I "'I 0.0 y.., 't I .....( 1 ......- i j 1 1"=~O' lJ.J U <t ~ ~ J..,:. I / cf ~~ ~~ ~"v o / .... .y.... , ~ .... "- "- ,cl>,s- ,,>< , , , , DESCRIPTION: Lot 20, Block I, TONKAWOOD ESTATES. GENERAL NOTES: 1. · - Denotes iron monument found. 2. 0 - Denotes iron monument set. Pore h -+- l: CI E q) III If QJ -t' Exhibit B SITE SURVEY . . z C) ......... (j) . W !Sl !Sl 0 ISl Lf) !Sl O(j m - N ['I- ~ Lf) U I W (\J 0 ['I- -.:;;j Z I < 0::: W > < 0 ex ex w I- >-z <:~ (f)~ . .......wo ex~o ex <:0 <:-.J~ I W LDQ:: ~-o Dr.-I I-'l'"(f) ex o LL Z <: -.J 0.... Exhibit C REAR ELEVATION 0:: . . 0 IS) m " I ~ C\J " ~ z > < !Sl 0:: !Sl 0 !Sl Z D !Sl L) !Sl N ~ ([) W 0 O(j LO m (J) Y: l'i- ....... 0:: U LO 0:: < W l.I 0 (\J ~ l'i- Z ~ 0:: 0 I l.1.. <C z < cr:: -I 0.... W > <C 0 I D I !Sl !Sl !Sl !Sl !Sl N I Exhibit 0 SIDE ELEVATIONS THOMAS H. HARRIS 4715 Lakeway T err. . Excelsior, MN 55331 . . f II? f 0 )~ O/U/ j7UhAfi{Y -i 6 j~l ~ O-<J cvU /) H:?>V v--->V je:) )tu u-~ll .~ (~ VJ ~ G~VVJpt-(( h .;...t....-'-C-/ CJ c7/~&cL) ~~u~c~ tJ~o~~ ff ~u~ J~J c:-u/J /7~7 j i~ ~ /~.. .' 0 . ~ !i</!/~J _ c:.../.- I trvU"" 1-.1 c-yn ?l/h~ y~r ..p-"cbv t'1) ~ L/7~ W-Mb (fl~ ~61-e ~ ~_-<:'-~J :f...)~ 77..l5'..--4A.<:<-~/-1?~ . (; ~/v-.Y~ . )..j(,8J ),~ ~ Exhibit E NEIGHBOR SUPPORT LETTER Dated 16 April 1990 . Jerry K. Sirjord Jennifer M. Sirjord 4685 Lakeway Terrace Excelsior, Minnesota 55331 . ~~!1!L MAY 25 1990 TO. f1 an vt-( 'vy Wm I/U( J{3J rJrJ u~. hvve/ nO fWhtLm w{ ~ ~. ~iY[CL-t1 vu "u1 (p-rvJ t/U,( . ~.$-1. ~'1 f?YA ;-J-;' ty fCLQ /uf[M-Sf--M CL ka~ 'JAAd. . S~(- btl U0 V2~1/t ~fA te I&-v JOYYL f.-I.e-yvl-S, Life; Hti(;dL % (jet L{ tt1aLUd //l/L/orcJY1C- feu VoJ,LLU of CUi 'it'LL fYt~~ / rL T rrvJuzlt12 od ~~ /-ttkJ. tAle ~ tf' &./u [rJvtt I-/tJ-yf/ {-S " ~/6 fjlt{i~ - /lAY. CV1d j/t-Vi5 . JeY:J.lr ~d Exhibit F NEIGHBOR SUPPORT LETTER Dated 25 May 1990 .' ~ . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancal Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEJ.lORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 29 MAY 1990 RE: SHOREWOOD OAKS DEVELOPMENT INC. - SIMPLE SUBDIVISION/COMBINATION FILE NO.: 405 (90.11) BACKGROUND Mr. Dave Johnson requests approval to divide a small triangle of property from the northwest corner of 5715 Brentridge Drive and combine it with the property to the north at 5695 Howard's Point Road (see Site Location map - Exhibit A, attached). Both lots are zoned R-1C, Single-Family Residential. When Brentridge was originally platted, it included an easement which served as access to 5695 Howard's Point Road. Most of the easement was replaced by the street right-of-way, but a small portion of the easement extended onto the lot at 5715 Brentridge Drive. In order to clear up title problems with the plat, Mr. Johnson proposes to give the small triangle to the owner of the northerly lot (see Exhibit B). The triangle contains approximately 334 square feet of area. ANALYSIS/RECOMMENDATION The applciant's request is considered merely a technicality. It will, however, resolve title problems created by the previous easement. Approval is recommended. BJN: ph cc: Larry Whittaker Glenn Froberg Dave Johnson Richard Gay A Residential Community on Lake Minnetonka's South Shore ,,~ . II ( 13) ] 2@Jr I. ...... 931.17 . ...... 3'~ lEST ( 29) 'I)'" 4 ( 12) {R l ~ p~~ TRACT ~ tJIf>-'J5.. H-O,~f"d ~( 17)~ \ RJ . .-- ' "'''-~ _/~_. :'_ .:.,. t:. r.-:; ~'t. /-: d. ~ N ... ~ r- .. .. -> /~'::. .. .... ""'..... ~... .." ...: ..- .tl.: . ,,;-..' '0; ",\:, ", . -: :" , , : ' 5 { IO} . Non-h , I tt =: ,.2-l)C) __ (8) OUTLOT I ( 15) t;r.e"1' t'~ Jjt. 1) ~ :z: ~ in ~ ~ OUTLOT 8 {'32} ~.........., . .' @ Exhibit A SITE LOCATION Shorewood Oaks Development, Inc. - Simple Subdivision/Combination .j { " .J ! V1(J)t>:! -tHX .....t-i::r V1 t>:! ~, 0- t:P (J) ~. ",Crt r1l ::0 ::s<:t:P rtt>:! ti .-< ~, 0. ()Q r1l t:l '" ~. <: r1l . 5 5'2 -2.0 -90 CERTIFICATE OF SURVEY ~\1)t\ ~'--~~ ~ \'b{~ . _ _ :..___ "3,<.<;,-- (., .)()~"O\<>a IJ 86 "4o'33"E:, -O'~----:..r=- 386,03 ~"fi1--,' ~ ' 4"le~ . - -.::::-- - - - - t . Q .--.- 67.00..--___.. .e../9s:~:7'.~ .....Q........~ . ------:---- ------=-, C.Of!AINMc -- - ~~""R/, ~ " . D.e~NJj~ E \ c:M~ENT) ~lk-S " 'T7L1ip \ .c , ~ ~<:J' /~ '\. ".qS-eMEJy \ ..-." ~.:- ~ .s:'~ '\ 1"=2-....---\ ._ Sft,oo /.>> 00 "0 .d oS' .;,'>..... \ ........- . , ~~ ........- '\. ~.,. \ ........_----.H \ '\ \ --- --- --- --- -- --- ~~ \O\.-:.. -- ...;.-- ,", ' o .' . \ ~~-} .' \ ;S \ I t_. , (7) i-I r..... .... OESCRIPTION ... ", \.': Lot 1. Block Z. BRENTRIOGE Hennepin County, Minnesota Except that part described as follows: l..--- Beginning at the no,'tnwest co,'ner c.f said Lc.t 1 Block Z; thence N 860413' 33" E, alor,g tne n~rth line of said Lot 1, Block Z, a distance of 63.Z6 feE!t; thence 5 3019'27" E a distance of 113.55 feet to the north line of Brentridge Drive' thence deflecting to the left on a non-t;ngential curve, along said north line of Brentridge Drive, concave to the sowthwest, having a central angle of 18055'47", il radi~\s of 195.013 feet and a length of 64.43 feet to the point of beginning. SCALE IN FEET o 30 60. 30 . blandt engincuuing a IUlueying !2705 woodl tlall bUln/uille, mlnne/ota 55337 (61!2) 435-1966 S 5'2 -2.0-90 I hereby certify that this survey. plan, or report was prepared by me or under my direct supervision and that I am a duly Registered land Surveyor under the laws of the State of Minnesota. n?-.(f,~ .~8 . Date 25' O~ /99'" Reg. No. 8140 gp "'0. ..S.....I1XI'J . . RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY WHEREAS, Shorewood Oaks Development, Inc. (Shorewood Oaks) is the owner of certain real property in the City of Shorewood, County of Hennepin, State of l-Unnesota, legally described in Exhibit 1, attached hereto and made a part hereof; and WHEREAS, Richard Gay and Susan Gay (Gays) are the owners of certain real property in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit 2, attached hereto and made a part hereof;' and WHEREAS, Shorewood Oaks and the Gays have applied to the City for a subdivision and combination of said properties to form Parcels A and B, legally described in Exhibit 3, attached hereto and made a part hereof; and WHEREAS, the subdivision and combination requested by the Applicants comply in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. T hat the real properties legally described in Exhibits 1 and 2 be subdivided and combined to form Parcels A and B, legally described in Exhibit 3. 2. That the City Clerk furnish Applicants with a certified copy of this resolution for recording purposes. 3. That Shorewood Oaks and the Gays record this resolution with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of June, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: A yes - Nays - ~ {;. .' ~ . . JUl 2 6 1989 - ---------------------......---------------- -UNIVERSITY OF MINNESOTA- - - - - - -.- - - - - - - - - - - - - _.- _.- - - - - - - - - -- Department of Fisheries and Wildlife, College of Natural Resources St. Paul Minnesota 55108 624-1223 Sunday, July 23, 1989 Mr. Dan V ogt City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mr. Vogt: Attached is a summary of Canada goose removal for the Twin Cities in 1989. We captured and removed 29, 170, and 210 from Christmas Lake, and the Enchanted Island and Timber Lane areas of Lake Minnetonka. Detailed capture data are also included The young geese were shipped to Minnesota sites with a few going to South Dakota; adults went to Oklahoma, Kentucky, or Mississippi. Based on the results of our research on Canada goose control, the populations at these sites should drop 50% in 1989, and be 75% below the 1989 level in 1991 if we continue to remove all geese. However, there are many geese nesting in the Lake Minnetonka area, and, since we have not work in this area before, we do not know if the decline will be comparable to more isolated sites such as Lake of The Isles in Minneapolis. I suspect that it will take us long to get your populations reduced. The bill for the removal at three sites is $3000. Please make the check payable to Jim Cooper-Canada Goose Project. Thank you. Sincerely yours, ~~ James A. Cooper Associate Professor, Wildlife attachments (it L-~.~" ..; i :h f.r~.....C."z...t,.. ibID SUMMARY OF CANADA GOOSE TRANSl.OCATION, TWIN CITIES, MINNESOTA, 1989 mIE mY IlAIE mEW YOUNG ADUI.TS TOTAL CANTERBURY POND BLCXlMINGTa-l 6/29/89 1 17 10 27 HYLAND PARK-HYLAND LAKE 8L<XlMINGTa-l 7/03/89 48 14 62 NORMANDAlE LAKE BLCXlMINGTa-l 6/29/89 1 - 2 182 93 275 WANDA MillER POND 8LCXlMINGTa-l 6/29/89 1-2 31 16 47 CENTRAl PARK BROOKLYN CENTER 6/21/89 1 20 14 34 NORTH TWIN LAKE BROOKLYN CENTER 6/21/89 1 89 39 128 LAKE LUCY C~IANI-lASSEN 6/28/89 2 8 6 14 LAKE MINNEWASHT A CHANHASSEN 6/28/89 1 37 36 73 . 7664 GOLDEN TRIANGLE DRIVE EDEN PRAIRIE 6/22/89 2 11 3 14 7664 GOLDEN TRIANGLE DRIVE EDEN PRAIRIE 7/03/89 1-2 26 19 45 OLYMPIC HIllS GOLF COURSE EDEN PRAIRIE 6/22/89 2 50 22 72 6241 KNOLL DRIVE EDINA 6/21/89 2 0 4 4 LAKE CORNELIA EDINA 6/23/89 2 2 1 3 La-lG BRAKE TRAIL AND DELANEY BLVD. EDINA 6/21/89 2 24 7 31 MILL POND EDINA 6/22/89 2 26 5 31 MILL POND EDINA 6/29/89 2 9 2 11 MILL POND EDINA 717/89 2 21 5 26 V AlLEYVIEW RD AND 62 CROSSTOWN EDINA 6/21/89 2 14 6 20 VERNa-l AVE AND KILLANNEY LANE EDINA 6/21/89 2 11 4 15 BRCOKVIEW GOLF COORSE OOLDEN VALlEY 6/26/89 1 48 25 73 La-lG LAKE lONG LAKE 6/30/89 2 12 20 32 BAKER PARK-LAKE INDEPENDENCE MEDINA 7/03/89 29 17 46 . GUN CLUB lAKE MENOOT A HEIGHTS 6/23/89 1-2 21 2 23 GUN CLUB LAKE MENOOT A HEIGHTS 7/12/89 1 -2 17 13 30 LAKE OF THE ISLES MINNEAPOLIS 6/26/89 1 70 28 98 MINNETONKA CIVIC CENTER MINNETONKA 7/01/89 2 12 8 20 LONG LAKE NEW BFIIGHTa-l 6/20/89 1-2 25 13 38 LAKEMINNETONKAuCRYSTAL BAYuNORTH SHORE rn::N) 6/30/89 1-2 43 115 158 lAKE MINNETONKA--CRYSTAL BAYuNORTH SHORE rn::N) 7/05/89 1-2 0 10 10 LAKE MINNETONKA..NARROWS BRIDGE rn::N) 6/30/89 1 - 2 4 72 76 LAKE MINNETONKA..NARROWS BRIDGE rn::N) 7/03/89 1 - 2 13 13 26 LAKE MINNETONKA--NARROWS BRIDGE rn::N) 7/11/89 1 - 2 50 16 66 BASS lAKE ZACHARY LANE PL YMOlJTH 6/27/89 1 - 2 55 36 91 MEOICINE LAKE.-FRENCH REGIONAL PARK PLYMOUTH 6/27189 1-2 88 35 123 PARKERS LAKE PLYMOUTH 6/27/89 1 13 1 1 24 SAGAMORE MANAGEMENT ASSOCIATION-LOST LAKE PL YMOlJTH 6/27/89 1 - 2 8 13 21 CIMMARON PONDS PL YMOlJTH AND WA VZAT A 6127189 2 15 7 22 GlEASON LAKE PL YMOlJTH AND WAVZAT A 6/27/89 1 - 2 26 11 37 LEGON LAKE RICHFIELD 6/23189 1 13 4 17 WCXJO LAKE NATURE CENTER RICHFIELD 6/23/89 1-2 41 16 57 SOUTH TWIN LAKE ROBBINSDALE 6/22/89 1 74 34 108 ZIMMERMAN LAKE (CEDARHOME GOLF COURSE) ROSEVILLE 6/20/89 1-2 59 21 80 ONASSJ LAKE SHOREVIEW AND ROSEVILLE 6/20/89 1-2 26 15 41 CHRISTMAS LAKE SI-OlEWXD 7/3/89 1 - 2 21 8 ..~ LAKE MINNETONKA-ENCHANTED ISLAND SI-OIE'MXD 7/3/89 1-2 29 141 170 .- . LAKE MINNETONKA-TIMBER LANE SI-OlEWXD 6/28/89 1-2 30 135 (1 6'5, ( I) LAKE MINNETONKA-TIMBER LANE SI-CfE\AO)) 7/05/89 1-2 0 45 \~ SILVER LAKE ST. ANT~IONY VILLAGE AND 6/22/89 1 36 16 52 AQUILA PARK ST. LOlliS PARK 6126/89 2 11 10 21 BASS LAKElWOLFE PARK ST. LOlliS PARK 6126/89 1 10 4 14 KILMER POND ST. LOUIS PARK 6/26/89 2 1 1 21 32 MINNEHAHA CREEK NEAR WEST 34TH STREET ST. LOlliS PARK 6/26/89 2 83 30 113 MINNEHAHA CREEK NEAR WEST 3nH STREET ST. LOlliS PARK 7/06/89 2 19 6 25 MINNEHAHA CREEK-- WEST 34TH STREET AND ST. LOUIS PARK 6/26/89 2 19 6 25 DATE 7/20/89 NUMBER OF DRIVES 54 TOTALS 1657 1283 2940 . ~ SirE ICHRISTMAS LAKE CITY SrcRE'NC.XD lOCATION LAKE MINNETONKA-5640 COVINGTON ROAD 21035 radisson road ~ sue saw birds at! I i ! REMOV AlORBANDING IREMOV Al8S CONTACT_PERSONS 1474-3236 (CITY)--WAl T ROBERTS 5640 COVINGTON ROAD--474-7712 WIll PROVIDE TRAP SITE--AlTERNATIVE 474-1870 (DID NOT GET NAME)--ATTORNEY 474-2100 GLEN FORBERG ESTIMATED_YOUNG I 2 sl ESTIMATED_BREEDERS I 1 01 ESTIMATED_NONBREEDERS I 01 TOTAL_BIRDS I 3~ DATE_PLANNED !~T3 0/8 S_::-- DATE_DRIVE I __ :-- ::--- :-- - I _ _:: : 7 / 3 / 8 S\ DRIVE_NUMBER D CREWyJUMBER [1 - 21 YOUNG_MAlES_CAUGHT( YOUNG FEMALES CAUGHT \ ADULT_MALES CAUGHT ADUlT_FEMAlES_CAUGHTI BRooD_PATCH_FEMAlESl NONBREEDING_MAlES I NONBREEDING_FEMAlES 1 TOTAL_YOUNG_CAUGHT I TOTAL_ADULTS _ TOT Al_CAPTUREDI ESTIMATED_BIRDS_NOT_CAPTURE I I 4\ 41 41 J 01 :~ 01 ~~~ I~TONKA-.BER LANE . I LOCATION [LAKE MINNETONKA-TIMBER LANE I REMOV AlORBANDING IREMOV Al89 CONTACT_PERSONS lOAN. VOGT--474-3236 (CITY)--NEED TRAP SITE--JIM SCHLUTZ 5465 TIMBERLANE 474-3994 ESTIMATED_YOUNG I ESTIMATED_BREEDERS I ESTIMATED_NONBREEDERS I TOTAL_BIRDS I DATE_PLANNED 16/.28/89 .. DATE_DRIVE I. .:. 6(~8/8$1 231 141 13.$1 17~ DRIVE_NUMBER D CREW_NUMBER 11 - 21 YOUNG_MAlES_CAUGHTI YOUNG_FEMAlES_CAUGHT \ ADUlT_MAlES_CAUGHT . ADUlT_FEMAlES_CAUGHTf BROOD_PA TCH_FEMAlES.1 NONBREEDING_MAlES I NONBREEDING_FEMAlES I TOTAL_YOUNG_CAUGHT I TOTAL_ADULTS . _ TOTAL_CAPTURED ESTIMATED_BIRDS_NOT_CAPTURE I :...J 7~ 5~ 28f j 301 1~' 165 01 , 'SiTE'ILAKE MINNETONKAaBER LANE . CITY ISHJRE'NCOD LOCATION [LAKE MINNETONKA- TIMBER LANE REMOV ALORBANDIN~ fREMOV ALB9 CONTACT_PERSONS lOAN VOGT--474-3236 (CITY)--NEED TRAP SITE--JIM SCHLUTZ 5465 TIMBERLANE 474-3994 ESTIMATED_YOUNG 1 ESTIMATED_BREEDERS I ESTIMATED_NONBREEDERS I TOTAL_BIRDS I 1 I .1 I DATE_PLANNED 16/2B/B9 DATE_DRIVE I : :.. I ::... ::7/0 51B $1 DRIVE_NUMBER U CREW_NUMBER 11 - 21 YOUNG_MALES_CAUGHTl YOUNG_FEMALES_CAUGHTI. ADULT_MALES_CAUGHT ADULT _FEMALES_CAUGHT I ..' ""''''''00. '"' ,..., A""''''''' I ,........ 'A' ES I' en U_,J-\ I vn_rCIVI L _ NONBREEDING_MALES I NONBREEDING_FEMALES I TOTAL_YOUNG_CAU. GHT!. TOTAL_ADULTS . TOTAL_CAPTURED ESTIMATED_BIRDS_NOT_CAPTURE I I 2J 201 51 I 1 1~ :~ 01 MAY I 4 . . KELLY LAW OFFICES WILLIAM F. KELLY MARK W. KELLY 351 SECOND STREET ExCELSIOR. MINNESOTA 55331 16121474-5977 May 11, 1990 Mr. Greg Withers City Manager CITY OF EXCELSIOR 339 Third Street Excelsior, MN 55331 Ms. Wendy Anderson City Clerk CITY OF GREENWOOD 20225 Cottagewood Road Excelsior, MN 55331 Mr. Kirk McDonald City Administrator CITY OF TONKA BAY 4901 Manitou Road Tonka Bay, MN 55331 Mr. Larry Whittaker City Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331 RE: 1990 4th of July Celebration, Excelsior Area Chamber of Commerce Organizer Dear Mr. Whittaker: Last year your City was kind enough to find room within its budget for financial support of the local 4th of July celebration held on the Excelsior Commons. The Excelsior Chamber of Commerce is again providing the organization and manpower for the event. We are planning to hold the firecracker fund run in the morning and an evening concert followed by fireworks. Food will be available on site. The fireworks will be a professional production by Americana Fireworks Display Co. and run between 18-20 minutes. The fireworks including insurance will cost $7,700.00. Last year the combined support of the four Cities greatly assisted the underwriting of a fine Excelsior area tradition. The event is family oriented and well received. Your City's renewed support is needed. On behalf of the Excelsior Chamber of Commerce, I request funding of this years presentation. Please place the Excelsior Chamber of Commerce on your next agenda for consideration of financial support of the 1990 4th of July celebration. Please contact me with your questions. Sincerely, /......L- < :Z:-~-~J<<-r5 M rk W. Kelly r Member, 4th of July Celebration Commi ttee MWK/pp It . . 6' ( f' h MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF STATE AID RFCEIVED TRANSPORTATION BUILDING ST. PAUL, MINNESOTA 5 5 J.3rflsc~s:an-r.jayercn & Assc May 30, 1990 phone: (612) 296-987 4~nMM. # James Norton Shorewood City Engineer Orr, SChelen, Mayeron & Assoc. 2021 Hennepin Avenue East Minneapolis, MN 55413 Subj ect: Approval and Execution of state Aid Agency Agreement .,' jUN 01 1990 Reid: Dear Mr. Norton: As part of the City Engineer's Automation computer purchase information package sent to you by letter dated September 20, 1989, a single sheet agreement for reimbursement of 60 percent of the cost of the Standard Package of computer items was included. The reimbursement agreement makes reference to the Mn/DOT, Office of State Aid Agency Agreement, which has not been approved by your city council and executed by city officials. Enclosed with this letter are two copies of the Agency Agreement which must be approved and executed, and returned to this office for further approval and execution before your request for reimbursement for the computer purchase can be processed. If you are a consultant receiving this letter, please make sure that the city council approves the Agency Agreement, and that it is executed by the appropriate city officials, and returned to the Office of State Aid for further processing and execution. If you have any questions about this process, please feel free to contact John Wheeler in the Office of state Aid at (612) 296-7674. Sincerely, Enclosure cc: File: John Wheeler 1f-(~ . . ~-O-T-r-C-E December 5, 1988 TO County Engineers City Engineers Distribution: r Distribution: J FROM Gordon M. Fay State Aid Enqineer SUBJECT: Revised Agency Agreement Utility Accommodation Policy Enclosed are two copies of a revised agency agreement which cover Federal aid highway funded projects. Copies of both A Polic way Rights of Way and The requirements of the accommodation policy apply to active projects under development or construction when Federal-aid funds are being or have been used on the involved highway facility. We anticipate that application of the utility accommodation policy will involve a permitting process which reflects consideration and application of design and location parameters as outlined in the policy. No doubt many cities and counties already have a formal utility permitting process established. It is requested that both copies of the agency agreement be executed by the appropriate City or County officials and returned to this office with certified resolutions. (Federal Aid Form No. III). A fully executed copy will be returned to the City or County. '1 e. e Revised 12/1988 Office of State Aid MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT This Agreement made and entered into by and between the City of herein after referred to as the "City" and the Commissioner of Transportation of the State of Minnesota hereinafter referred to as the "Commissioner", WITNESSETH: WHEREAS, pursuant to M.S. 161.36 the City desires the Commissioner to act as its agent in accepting federal aid on the City's behalf, for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or part with federal moneys; and WHEREAS, M.S. 161.36, Subdivision 2, requires that the terms and conditions of the agency be set forth in an agreement; NOW, THEN, IT IS AGREED: -1- ~hat pursuant to M.S. 161.36, the City does hereby appoint the Commissioner its agent with respect to all federally funded projects, to accept and receive all federal funds made available for said projects and to let contracts pursuant to law for the construction and improvement of local roads and bridges. -1- e e Each contract will be in accordance with plans and special provisions for said projects on file in the Department of Transportation, State Transportation Building, St. Paul, Minnesota 55155, and the latest edition of "Standard Specifications for Construction" and all amendments thereof, which said plans, special provisions and specifications are made a part of this agreement by reference as though fully set forth herein. In the letting of said contract, it is hereby agreed that the following procedures shall be followed, to-wit: A. The Commissioner shall cause the advertisements calling for bids on said work to be published in the "Construction Bulletinll. He shall also cause advertisements for bids to be published in the officially designated newspaper of the City. Said advertisement or call for bids shall specify that sealed proposals or bids will be received by the City Purchasing Agent of on behalf of the Commissioner as agent of said City. Proposals, plans and specifications shall be available for the inspection of prospective bidders at the office of the Department of Transportation, St. Paul, Minnesota 55155, and at the office of said City Purchasing Agent and the advertisement shall so state. The bids received in response to said advertisement for bids shall be opened for and on behalf of the Commissioner by a District Engineer of the Department of Transportation or such other engineer of the Department of Transportation as may be from time to time selected by the Commissioner. After said bids shall have been opened, the City council shall first consider the same and thereupon -2- --':':;: e. e transmit to the Commissioner all bids received together with its recommendation that the lowest bid submitted by a responsible bidder be accepted or that all bids be rejected. Upon receipt of all said bids, the Commissioner shall duly cause all of said bids to be tabulated and shall thereupon determine who is the lowest responsible bidder and shall award the contract to the lowest responsible bidder or shall reject all bids. B. The Corrmissioner shall supervise and have charge of the construction of said projects after the same has been let. The City agrees to furnish its City Engineer or other registered engineer and assign him to the active supervision and direction of the work to be performed under any contract let for the aforesaid projects. Said engineer so assigned shall act under the supervision and direction of the Commissioner. The City further agrees to furnish such other personnel, services, supplies and equipment as shall be necessary in order to properly supervise and carryon said work. C. The Commissioner may make changes in the plans or the character of the work as shall be recommended by the engineer in charge of the work. If he concurs in such recommendations, the Commissioner may enter into, for and on behalf of the City, supplemental agreements with the contractor for the performance of any extra work or work occas ioned by any necessary, advantageous., or desirable change in plans or construction. It is understood by the City that the Commissioner cannot personally investigate and pass judgement on the various items of extra work and plan changes necessary and desirable during the construction of -3- e e the projects but that he must delegate such duties to engineers under his supervision and control that are employed by the Minnesota Department of Transportation. The City does hereby authorize these engineers, so delegated by the Commissioner, to enter into, for and on behalf of the City, the supplemental agreements specified in the preceding paragraph hereof. D. The City hereby authorizes its City Engineer, for and on behalf of the City, from time to time, during the progress of the work on said projects, to request the Commissioner to furnish for use on said projects specific engineering services to be performed by skilled employees of the Minnesota Department of Transportation. The Commissioner may but is not obligated to furnish the services so requested. If the Commissioner in compliance with such request shall furnish for the use of the City on said projects the services of any Minnesota Department of Transportation employee, then and in that event, the City agrees to reimburse the Trunk Highway Fund for the full cost and expense of the furnishing of such services including all costs and expenses of any kind or nature whatsoever arising out of, connected with, or incidental to the furnishing of such services. E. The Commissioner shall receive the funds to be paid by the City and the funds to be paid by the United States as federal aid funds for said projects and to pay therefrom when due any and all sums that may become due the contractor to whom the contract is awarded, and upon final completion and acceptance of the work, to pay from said funds the final estimate to said contractor for said work. -4- e. e F. The Commissioner shall perform on behalf of the City all other acts and things necessary to cause said projects to be completed in a satisfactory manner. G. The Commissioner may enter into any agreement for and on behalf of the City with the United States or any officer or agent thereof that may be required or necessary for the purpose of procuring and actually causing to be paid the federal aid funds available for said projects and to that end to bind and commit the City in such agreement to the performance of any and all things required by any law of the United States or of any rule and regulation issued by federal authority pertaining thereto necessary for the purpose of procuring and having paid the federal aid available for said projects. H. It is the policy of the United States Department of Transportation and the Minnesota Department of Transportation that Disadvantaged Business Enterprises as defined in 49 CFR, Part 23, and the Surface Transportation and Uniform Relocation Assistance Act for 1987, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Consequently, the requirements of 49 CFR, Part 23, apply to this agreement. In this regard, the Commissioner and the City shall take all necessary and reasonable steps in accordance with 49 CFR, Part 23, to insure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform on contracts and subcontracts. The Commissioner and the City shall not discriminate on the basis of race, color, national origin,or sex in the award and performance of federally funded contracts. -5- . . Failure to carry out the above requirements shall constitute a breach of this agreement and may result in termination of the agreement or other such remedy that the Commissioner deems appropriate. I. The Commissioner may perform on behalf of the City any other and further acts as may be necessary or required under any law of the United States or of any rule or regulation issued by proper federal authority in order to cause said projects to be completed and to obtain and receive the federal aid made available therefor. -II- The City agrees that it will from time to time, after the execution of this agreement, make such reports, keep such records and perform such work in such manner and time as the Commissioner shall from time to time request and direct so as to enable the Commissioner as its agent to collect for it the federal aid sought. Said records and reports shall be retained by the City in accordance with the Commissioner1s record retention schedule for federal aid projects. -II l- It is anticipated that the United States will pay to the Commissioner as the agent of the City, the federal aid funds available to said City toward the construction of said projects. It is further anticipated that the contracts to be let by the Commissioner as the agent of the City, for the construction of said projects shall provide that the contractor, as the work progresses, shall, from time to time, be paid partial payments designated in said contract as partial estimates and on the completion and -6- e. e acceptance of said work to be paid a final payment designated in said contract as a final estimate for all work performed. The City further agrees that any City funds and/or Municipal State Aid Funds to be applied to any contract covered by this agreement shall be deposited with the Commissioner in accordance with Minnesota Rules Chapter 8820.1500 Subp. 3. At regular monthly intervals after contractors shall have started work under contracts let by the Commissioner as agent for the City for the construction of said projects, the engineer assigned to and in charge of said work shall prepare partial estimates in accordance with the terms of said contracts let for said projects and the procedures established by the Office of Construction and Contract Administration Minnesota Department of Transportation. The said engineer in charge of said work shall immediately after preparing each partial estimate, transmit the same to the Commissioner in duplicate. Each partial estimate shall be certified by the engineer in charge and by the contractor performing such work. The said engineer assigned to and in charge of said work shall also prepare and submit to the Commissioner the final estimate data, together with the required project records in accordance with the terms of said contracts let for said projects. Quantities listed on said partial and final estimates shall be documented in accordance with the guidelines set forth in the applicable documentation manual. After the approved final estimate has been submitted to the Commissioner, the City will pay to the -7- . . Commissioner any additional amount which together with the federal funds received for that project will be sufficient to pay all the contract costs of the project. -IV- When the contractor shall have completed the work on said projects, the City agrees to inspect the same and forthwith upon the completion of said inspection advise the Commissioner whether or not the work performed should be, by the Commissioner as its agent, accepted as being performed in a satisfactory manner. In the event the City should, after said inspection, recommend to the Commissioner that he should not accept said work, then the City shall at the time such recommendation is made specify in particularity the defects in said work and the reasons why the work should not be accepted. It is further agreed that any recommendations made by the City are not binding on the Commissioner but that he shall have the right to determine whether or not the work has been acceptably performed and to accept or reject the work performed under any said contract. -V- It is further agreed that the decision of the Commissioner on the several matters herein set forth shall be final, binding and conclusive on the parties hereto. -VI- It is anticipated that the entire cost of said projects is to be paid from funds made available by the United States, by way of federal aid, and by the City. If for any reason the United States fails to pay any part of the cost or expense of said projects, then -8- .. . and in that event the City agrees to pay the same. The City further agrees to pay any and all claims or demands of any kind or nature whatsoever arising out of or incidental to the performance of the work under any contract let for said projects in the event that the United States does not pay the same, and in all events, agrees to save the State of Minnesota and the Commissioner from said claims and from any claims arising out of this agreement and to pay any and all expenses and costs connected with said projects or . the construction thereof which the United States does not pay. -VII- The City further agrees that: A. All right-of-way acquisition and relocation will be conducted in accordance with 49 CFR Part 25. Procedures implementing this regulation are contained in Mn/DOT State Aid Manual Chapter 5- 892.310. (Additional guidance may be obtained by referring to the FHWA's Real Estate Acquisition Guide for Local Public Agencies). B. If the City receives total direct and indirect federal assistance of: 1. $100,000 or more per year, the City agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (P.L. 98-502) and Office of Management and Budget (OMB) Circular A-128. The law and circular provide that the audit shall cover the entire operations of .the City government or, at the option of the City government, it may cover departments, agencies or establishments that received, expended, or otherwise administered federal financial assistance during the year. However, -9- . . if the City government receives $25,000 or more in General Revenue Sharing Funds in a fiscal year, it shall have an audit of its entire operations. 2. Between $25,000 and $100,000 per year, the City agrees to obtain either - a. a financial and compliance audit made in accordance with the Single Audit Act of 1984 and OMB Circular A-128,. or b. a financial and compliance audit of all federal funds. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations and the audit must be made in accordance with any federal laws and regulations governing the federal programs the subrecipient participates in. Audits shall be made annually unless the state or local government has, by January 1, 1987 a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only for fiscal years beginning before January 1, 1987. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independent standards specified in the General Accounting Office's Standards for Audit of Governmental Organizations, Programs, Activities, and Functions. -10- . . The audit report shall state that the audit was performed in accordance with the provisions of OMS Circular A-128 (or A-110 as applicable). The audit report shall include: 1) The auditor's report on financial statements and on a schedule of federal assistance; the financial statements; and a schedule of federal assistance, showing the total expenditures for each federal assistance program as identified in the Catalog of Federal Domestic Assistance. Federal programs or grants that have not been assigned a catalog number shall be identified under the caption "other federal assistance". 2) The auditor's report on the study and evaluation of internal control systems must identify the organization's significant internal accounting controls, and those controls designed to provide reasonable assurance that federal programs are being managed in compliance with laws and regulations. It must also identify the controls that were evaluated, the controls that were not evaluated, and the material weaknesses identified as a result of the evaluation. 3) The auditor's report on compliance containing: a) A statement of positive assurance with respect to those i tems tested for camp 1 i ance, i nc 1 uding camp 11 ance with 1 awand regulations pertaining to financial reports and claims for advances and reimbursements; b) Negative assurance on those items not tested; c) A summary of all instances of noncompliance; -11- . . d) An identification of total amounts questioned, if any, for each federal assistance awarded, as a result of noncompliance; e) A statement on the status of corrective action taken on prior findings; and f) Refer to the use of the standards required by the Minnesota Legal Compliance Audit Guide for Local Governments, prepared by the Office of the State Auditor. The purpose of this guide is to establish compliance guidelines for verification by auditors auditing political subdivisions of the state. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. The City agrees that the grantor, the Legislative Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A-128. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and state agencies providing federal assistance, within six months of the City's fiscal year end. If a federal cognizant audit agency has been assigned for the City, copies of required audit reports will be filed with that agency also. -12- . . Recipients of more than $100,000 in federal assistance must also submit one copy of the audit report within 30 days after issuance to the central clearinghouse. Audit reports should be sent to: Bureau of Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse C. The City will treat all public, private or cooperatively owned util ity facil ities which directly or indirectly serve the public and which occupy highway rights of way in conformance with the attached "A Policy for the Accommodation of Utilities on Highway Rights of Way" as approved on April 5, 1988 by the United States Department of Transportation, Federal Highway Administration, Minnesota Division. -IX- The Commissioner accepts this said appointment as agent of the City and agrees to act in accordance herewith. -13- . City of Mayor Date Attest: City Clerk Date . Recommended for Approval By Director, Office of State Aid Date Approved as to Form and Execution Special Assistant Attorney General Date State of Minnesota Commissioner of Transportation Date ( Sea 1) -14- e. . MINNESOTA DEPARTMENT OF TRANSPORTATION FEDERAL AID FORM NO. III Be it resolved that pursuant to section 161.36, Subdivision 1 through 6, Minnesota Statutes, the Commissioner of Transportation be appointed as agent of the City of to let as its agent, contracts for the construction of local roads and bridge, and the Mayor and the City ckerk are hereby authorized and directed for and on behalf of the City to execute and enter into a contract with the Commissioner of Transportation prescribing the terms and conditions of such contracts in the form as set forth and contained in "Minnesota Department of Transportation Agency Agreement" a copy of which said agreement was before the City Council, assuming on behalf of the City all of the obligations therein contained. (SEAL) (Submit in duplicate) Note: Attach certification by City Clerk with each copy of resolution. e e MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten k' CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMO TO: MAYOR AND COUNCILMEMBERS AI.. ROLEK ~ JUNE 7, 1990 FROM: DATE: RE: AGENDA ITEMS 18A-1 &,2, COMPUTER IMPLEMENTATION CONSULTANT AND CONl'INGENCY ACCaJNT The City Council asked for more information regarding the request to retain Chapel Consulting during the imp 1en:en ta tion stage of the computer system and the need for a contingency account at the May 14 meeting. Staff sees these needs as vital to the succes sfu1 installation and implementation of the new computer systan. Just as a construction project requires ongoing engineering expertise throughout its completion, likewise the implementation of the computer system also requires a considerable amount of expertise. As IlBJ.ch as we have learned during the computer acquisition process, it is felt that the technical knowledge and expertise which Chapel would lend to this stage would be of the utmost value in the implementation of the computer system. Their assistance in the scheduling, system conversion, operating procedures, acceptance testing of hardware and software, and acting as a liaison with pes in these matters would be of great value and would help to expedite the process. Although LvS would assist the staff in implementing the system and would train staff in its operation, Chapel's role would be that of a coordinator during the process, helping the staff plan for additional application implen:en ta tion and as sis ting in required testing of the systan. They also would aid the City in contract administration, ensuring that the terms of the contract are being fulfilled. A copy of Chapel's proposal is attached for your inspection. The staff took care during the process to include all costs associated with the new computer systan; however, as in other projects, unforseen costs can come into play. Such things as replacement cables for those which are not long enough, adaptors, additional training which may be needed, and other problems may arise during the installation and implementation of the systan. In order to handle these in a expeditious manner, a contingency account should be established. '!his would allow A Residential Community on Lake Minnetonka's South Shore /1 PAGE 2 MEMO JUNE 7. 1990 . . staff to tackle these problems without impeding the progress of the implementation. This would not include items such as supplies or furniture. which would be handled through the normal budget, but only the extraordinary costs such as those n:en tioned above. "j,he cost of the computer systan, including hardware. software and consulting costs. is $68,075. It is felt that an allowance of $7.000, or just over 10% of the systan cost. would be sufficient to retain Chapel and to handle the contingencies that may arise. '!he City staff would monitor the consulting time and costs, and contingency expenditures. during the implementation of the system to ensure that costs do not exceed this amount. It is. therefore. recommended that the City Council authorize an amount not to exceed $7.000 to retain Chapel U:msulting. Inc. during the implementation of the computer systan. and to fund any extraordinary costs which may arise during this stage. Your thoughtful consideration of this request is greatly appreciated. Please call me before Monday night's meeting with any questions or concerns you may have. . . CHAPEL CONSULTING, INC. INFORMATION SYSTEMS CONSULTANTS May 22, 1990 Mr. Alan Rolek Director of Finance City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear AI: We are pleased that the City has made a final decision on its new computer system. This letter outlines our proposed assistance to you in implementing the City's new computer systems. We believe that our continued involvement can help ensure that the transition to the new system is a smooth one. APPROACH AND SCOPE The successful implementation of your new system will require the completion of numerous activities. Some of the activities are the responsibility of PCS, your vendor. others can only be accomplished by ci ty personnel. There are, however, several activities related to the preparation, coordination and control of the implementation process where we can be of assistance to you. These include: Contract negotiation - We will work with you and PCS to develop and negotiate suitable contracts on the City's behalf. Some key issues which must be addressed in the contracts include: Dispute resolution system payment terms Installation schedule Method of development of software modifications Delivery and acceptance of software system acceptance Patent indemnity. 8400 E. Prentice Avenue, 15th Floor Englewood, Colorado 80111 (303) 793-3900 23 Empire Drive, Suite 286 Saint Paul, Minnesota 55103 (612) 228-3599 . . . . Mr. Al Rolek May 22, 1990 Page Two Contract administration - We will work with you and pcs to enforce the contract during implementation. site plan - We will work with you and PCS to select suitable locations for the new hardware and arrange for wiring and other electrical work necessary to install the computers. Implementation plan We will prepare a detailed implementation plan. This plan will identify and schedule the resources needed to convert from the existing system and test and implement the new system. We will identify key milestones in the plan to help the City measure project status. Training schedule - We will work with City personnel and PCS to develop a training schedule. Our role in this activity will be to ensure that the training activities correspond to other installation activities. Conversion plan - We will assist in the design of a conversion plan and the decision of whether a manual conversion or a computer-to-computer conversion is in the City's best interest. Conversion control We will assist in the design and implementation of conversion controls to help ensure the accurate conversion of the City's accounting data to the new system. operations procedures - with the introduction of the new system, existing procedures may need to be changed to enhance a smooth and efficient work flow. We will work to identify the areas impacted by the new system and to design the procedures needed to control the information going in and out of the computer. Organizational impact assessment - We will carefully assess the impact of the new system on the organization prior to and after implementation. We will make recommendations regarding the assignments of personnel to specific responsibilities and recommendations regarding staffing levels. . . Mr. Al Rolek May 22, 1990 Page Three Acceptance testing - We will assist in preparing acceptance tests by recommending the types of data to be tested and the extent of the testing required. We will monitor the testing process to verify that the test data is correctly processed by the computer. Accounting controls We will ensure that the proper accounting controls are installed with the new software so the City will have continuing reliance on the data captured, stored and generated by the system. status meetings - We will conduct regularly scheduled status review meetings so that the implementation progresses smoothly. Our approach will be to work through City personnel and PCS' s personnel wherever possible to accomplish these important tasks. You may choose to perform many of these tasks without our assistance, but you must recognize that these tasks must be completed by city personnel or us in order for the implementation to be successful. PROJECT STAFFING I will continue to function as principal consultant. My ongoing experience with the City gives me unique qualifications for this work. The invol vements of you and other ci ty personnel will be very important during this project. City personnel will be running the new software once it is installed; they will be better prepared to operate the computer if they are actively involved in the implementation activities. This level of involvement is necessary for the installation to be successful. SCHEDULE AND FEES You have already authorized us to negotiate a contract with PCS for the City. Our fees for this work will be $300.00. We estimate that the implementation will continue over a six to eight month period. We will be available to the City for the specific tasks identified in this letter and on an as needed basis for project monitoring and problem resolution. You will control the extent of our involvement in each of these areas. . . Mr. Al Rolek May 22, 1990 Page Four Our fees for implementation assistance will be based on actual hours worked at our standard hourly rates plus out-of-pocket expenses for travel, word processing, photocopying, postage and long distance telephone. My standard hourly rate is $100.001 hour. Because of the nature of the work to be done, it is difficult to estimate the extent of our invol vement. The hours worked will depend on the involvement of City staff and the problems which arise during implementation. However, for planning purposes we estimate our fees will range between $4,000 and $6,000. We will bill you monthly for actual time and expenses incurred so that you will be able to monitor and control the project costs. paYment will be due upon receipt of invoice. We thank you for the opportunity to submit this proposal and look forward to continuing to serve the city. If you agree with the terms of this letter please sign below and return a copy to us. Sincerely, ~:; ~~n, :c JMS : amh CITY OF SHOREWOOD, MINNESOTA Accepted By Date .- . . 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: 30 MAY 1990 RE: ACCESSORY STRUCTURES - PROPOSED ZONING ORDINANCE AMENDMENT FILE NO.: 405 (GENERAL) When Shorewood's current zoning regulations were adopted in 1985, provisions were included to control the number and size of accessory structures. In sununary Section 1201.03 Subd. 2.d.(4) limits the total area of all accessory structures (including attached garages) to 1000 square feet. This can be exceeded by conditional use permit subject to several conditions: 1) the total area of accessory buildings cannot exceed the footprint area of the principal structure; 2) the area of accessory structures cannot exceed 10% of the minimum lot area for the zoning district in which it is located; 3) location, drainage and landscaping are to be considered; and 4) the accessory building must be architecturally compatible with the principal structure. The basic premise of the regulations is that accessory buildings should be somehow proportional to the principal structure on the property and to the property itself. Despite having worked extremely well, the regulations have been noted as deserving refinement and revision. C.U.P. requests for accessory space over 1000 S~lare feet have become one of the most frequent items on Council and planning Commission agendas. On more than one occasion City officials have wondered why they were reviewing some of these requests. In addition to the number of requests, other issues have been identified: a) the 1000 square foot threshold may be too low for the character and lifestyle of the western suburbs; and b) use of the "footprint" area of the principal structure creates inequities for structures with more than one story. With these in mind the following recommendations are offered: A. Initial Threshold. The "magic number" of 1000 square feet relates to the State Building code for garages. This amount of area is approximately equivalent to a four-car garage. As can be seen on Exhibit A, attached, this amount of space has not been adequate for eleven properties in the past three years. A Residential Community on Lake Minnetonka's South Shore /5'. 9 . . Ra: Zoning Ordinance Amend. Accessory Structures 30 May 1990 Given the relatively large lot sizes in Shorewood and the tendency toward more recreational vehicles and equipment, it is recommended that the threshold be increased to 1200 square feet for single and two family dwellings in the R-1A, R-1B, R-1C, R-2A, and R-2B districts. It is recommended that the 1000 square foot limitation be maintained in the R-1D, R-1C, R-3A, R-3B and R-C districts. These districts allow smaller lot sizes and anything over 1000 square feet would exceed 10% of the minimum lot size requirement. As can be seen on Exhibit A six of the eleven C.U.P.s in the last three years would have been avoided if the threshold were increased to 1200 square feet. B. Accessory to Principal Structure Ratio. The current regulations relate the amount of accessory space to the "footprint" area of the principal structure. The idea being that accessory space should take up no more of the lot than the dwelling. This has proven unfair to owners of two story or multiple level homes. For example a 1500 square-foot rambler could have 1500 square feet of accessory space, whereas a two story home with the same amount of total floor space is limited to 1000 square feet (1200 if the ordinance is amended). To correct this inequity it is recommended that the floor areas of all stories of a dwelling above grade be counted for determining allowable accessory space. The term story is already defined in Section 1201.02 of the Code. This suggestion would have eliminated the two variances to the regulations which have been granted since the adoption of the ordinance. Exhibit B contains the current ordinance language with a proposed amendment inserted (proposed text is underlined). It is recommended that this change be forwarded to the city Council for adoption. BJN:ph cc: Larry Whittaker Glenn Froberg - 2 - ,~, 1201.03 . . 1201.03 (4) Except in the case of planned unit development as provided for in Section 1201.06 of this Ordinance, not more than one principal building shall be located on a lot. (5) On a through lot both street lines shall be front lot lines for applying the yard and parking regulations of this Ordinance. d. Accessory Buildings, Uses and Equipment. (1) An accessory structure shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. (2) Accessory structures shall not exceed fifteen feet (15') or one story in height. (3) Accessory buildings and structur.es shall be constructed within the buildable area of the lots as defined in Section 1201.02 of this Or- dinance except as provided in subdivision 3c of this Section. (4) For single-family and two-family homes, no accessory building, including attached garages, or combination of accessory buildings shall exceed one thousand (1,000) square feet in area, or three (3) in number, except by conditional use permit as provided for in Section 1201.04 of this Ordinance. In addition, the following conditions shall apply: (4) For single-family and two-family homes, no accessory building, including attached garages, or combination of accessory buildings shall exceed three (3) in number, or twelve hundred (1200) square feet in area in the R-1A, R-1B, R-1C, R-2A and R-2B districts, or one thousand (1000) square feet in area, except by conditional use permit as provided for in Section 1201.04 of this Ordinance. In addition the following conditions shall apply: (a) In no case shaH the total area of accessory buildings exceed the floor area of the first story of the principal structure. (a) In no case shall the total area of accessory buildings exceed the floor area of all stories above grade of the principal structure. (b) In no case shall the total area of accessory buildings exceed ten percent (10070) of the minimum lot area for the district in which the property is located. (c) In evaluating the conditional use permit, the City shall take in- to consideration the location of existing and proposed structures, site drainage, and landscaping. (d) The architectural character of proposed accessory buildings shall be similar and consistent with other buildings on the site and in the area. (5) Subject to the provisions of subdivision (4) above, no permit shall be issued for the construction of more than one private garage struc- ture for each detached single-family dwelling, except on the approval of a conditional use permit according to the provisions of Section 1201.04 of this Ordinance. Every detached single-family dwelling unit erected after the effective date of this Ordinance shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. Exhibit B PROPOSED AMENDMENT G. u.P. ~ roV' SITE ADDRESS 5390 Shady Hills Circle 27190 Edgewood Road 25405 Smithtown Road 27280 Edgewood Road 27820 Island View Road 5365 st. Albans Bay Road 6085 Riviera Lane 4445 Enchanted Point 28025 Boulder Bridge Drive. 6175 Lake Virginia Drive 5635 Christmas Lake Point A{..Ue~~r~ "'Spt\."-t. 6ve r m'lNER/APPLICANT James Simondet Brooks Hauser Tom Swanson Gary Petrich Robert Hegstrom Randi Gibbs Paul Bardine Lee LaBore Scott Meyer Robert Weiss Harley Feldman * variance to footprint rule included in request ......(j"" ~. x ooc::r- "",. 1-'- '"OCT r1" .. 1-'- o Ul ,.,. "0 '"'l > t1 0 (l) :;tl Ul (l) > ::l (j ,.,. (j r::l C.fl C.fl o :;tl ><: C.fl '"0 > (j r::l (000 <S't. F"t. LOT SIZE PRINCIPAL STRUCT. SIZE (R-1C dist.) 1844 sq. ft. 117,000 sq ft 3681 sq. ft. 87,310 sq ft 1100 sq. ft. 72,062 sq ft 3278 sq. ft. 67,360 sq ft 3108 sq. ft. 33,854 sq ft 1200 sq.ft. 55,493 sq ft 1556 sq. ft. 24,050 sq ft 2349 sq. ft. 61,820 sq ft 3693 sq. ft. 99,209 sq ft 1851 sq. ft. 59,241 sq ft 2724 sq. ft. Iq~1 - to Pr"'.e?tf\t AMOUNT OF SPACE REQUESTED TYPE/USE 1115 sq. ft. expand exist garage, att. 2008 sq. ft. garage, detached 1557 sq.ft.* garage, detached 1512 sq. ft. bi-level garage, attached . 1115 sq. ft. storage bldg, detached 1424 sq.ft.* bi-level garage, attached 1380 sq. ft. bi-level garage, attached 1167 sq.ft. garages ,1 att. & 1 det. 1150 sq. ft. storage room, detached 1155 sq. ft. expand exist. garage, att. 1181 sq. ft. garage, attached . . . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancal 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: 8 JUNE 1990 RE: ACCESSORY STRUCTURES - PROPOSED ZONING ORDINANCE AMENDMENT FILE NO.: 405 (GENERAL) Attached is a draft of the proposed amendment to the Zoning Ordinance relative to the size of accessory structures. The amendment was recommended unanimously by the Planning Commission at its meeting on 5 June 1990. If you have any questions relative to the amendment, please contact my office prior to Monday night's meeting. BJN:ph cc: Larry Whittaker Glenn Froberg A Residential Community on Lake Minnetonka's South Shore . . ,~ -DRAFT- ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1201 OF THE SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. City Code Section 1201.03 Subd. 2.d.(4) is hereby amended to read as follows: "(4) For single-family and two-family homes, no accessory building, including attached garages, or combination of accessory buildings shall exceed three (3) in number, or twelve hundred (1200) square feet in area in the R-1A, R-1B, R-1C, R-2A, R-2B and R-3A districts, or one thousand (1000) square feet in area in the R-1D, R-2C, R-3B and R-C districts, except by conditional use permit as provided for in Section 1201.04 of this Ordinance. In addition the following conditions shall apply:" Section 2. City Code Section 1201.03 Subd. 2.d.(4)(a) is hereby amended to read as follows: "(a) In no case shall the total area of accessory buildings exceed the floor area of all stories above grade of the principal structure." SECTION 3. This Ordinance shall be in force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this day of , 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker, City Administrator/Clerk ~! . MEMORANDUM . . 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 TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 31 MAY 1990 RE: FENCE REGULATIONS - PROPOSED ZONING ORDINANCE AMENDMENT FILE NO.: 405 (FENCES) Attached are the proposed changes to the fence requirements which we've discussed with the Planning Commission over the past several months. A public hearing has been scheduled for 5 June 1990 to review the proposed changes. If you have any questions relative to this matter, please do not hesitate to contact my office. BJN: ph cc: Larry Whittaker Glenn Froberg A Residential Community on Lake Minnetonka's South Shore II, . ~' 1201.03 . . 1201.03 (6) No accessory uses or equipment such as air conditioning cool- ing structures or condensors which generate noise may be located in a required side yard except for side yards abutting streets where equipment is fully screened from view. e. Drainage Plans: In the case of all multiple-family and nonresidential developments, detailed grading and drainage plans shall be submitted to the City Engineer for his review and the final drainage plan shall be sub- ject to his written approval. In the case of single-family lots where no drainage plan has been approv- ed by the City, the Building Official shall determine the need for a drainage plan. In any case where the first floor of the structure is lower than the elevation of the street or where the lowest level of the structure is below the elevation of the sanitary sewer, detailed grading and drainage plans shall be submitted to the City Engineer for his review and approval. f. Fences - General Requirements: (1) Permit Required: No person, firm or corporation shall con- struct or erect any fence without first securing a building permit. (2) Locations: All fences shall be located entirely upon the property of the fence owner unless the owner of the adjoining property agrees, in writing, that such fence may be erected on the property line of the respec- tive properties. No boundary line fence shall be erected closer than three feet (3') to an existing parallel boundary line fence. (3) Surveys: The Building Official may require an applicant for a fence permit to establish his true boundary line by a survey thereof to be made by a registered land surveyor. (4) Construction and Maintenance: Every fence shall be constructed in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in such condition as to not become a hazard, eyesore or public or private nuisance. All fences shall be so constructed that the finished side faces away from the fence owner's lot. Any fence which en- dangers the public safety, health or welfare shall be considered a public nuisance and abatement proceedings may be instituted by the proper City official if within fifteen (15) days after notification the owner of such fence has not undertaken the necessary repairs to himself abate the nuisance. Link fences, where permitted, shall be constructed in such a manner that no barbed ends shall be at the top. (5) Nonconforming Fences: All fences existing on the date of the adoption of this Ordinance, but not conforming herewith, except as to height restrictions, shall conform and be subject to the terms of this Or- dinance. Fences which are erected to replace or partially replace existing fences shall be subject to all of the terms of this Ordinance as to the por- tion of the fence which is replaced. t--- - - - - - (5) Nonconforming Fences: All fences existing... and be subject to the terms of this Ordinance. If at any time a nonconforming fence shall be destroyed to the extent of more than twenty-five percent (25%) in any plane, then without further action by the Council, the fence shall, from and after the date of said destruction, be subject to all the regulations specified by these zoning regulations. Any fence which is damaged to an extent of less than twenty-five percent (25%) may be restored to its former extent. It is the intent of this Section that all nonconforming fences shall be eventually brought into conformity. Current Ordinance e:<S Proposed Change ~. . . 1201.03 1201.03 (6) Prohibited Fences: Electric fences shall not be permitted. Barbed wire fences shall not be permitted except as hereinafter provided. Fences of the picket, rail or slat types shall be so constructed that the spaces bet- ween the pickets, rails or slats shall be greater than twelve inches (12") or less than six inches (6"). Wire fences which are not readily visible shall be prohibited except where attached to a wooden or other fence of opaque material which is itself plainly visible. (7) Required Fences - Swimming Pools: Outdoor swimming pools with a capacity of one thousand'five hundred (1,500) gallons or with a depth of three feet (3') or more of water shall be adequately fenced to prevent uncontrolled access from the street or adjoining property. Such.., pools shall be completely enclosed by a nonclimbable fence at least four feet (4') in height. (8) Shoreline Fences: No fence shall be allowed within seventy five ~ - feet (75') from the normal high water mark of any navigable lake, chan- nel or stream. In addition, fences on or adjacent to the shoreline of any navigable lake, channel or stream, or on or along that portion of a lot line extending from a navigable lake, channel or stream to the near side of the average building construction line, shall not exceed four feet (4') in height. (9) Residential District Fences: (a) Boundary Line Fences: In all parts of Shorewood which are zoned residential, no boundary line fences shall exceed four feet (4') in height except that: i. Fences on all corner lots erected within thirty feet (30') of the intersecting property line shall be subject to subdivision 2h of this Section. ii. Fences along any rear property line which is also the rear property line of an abutting lot shall not exceed six feet (6') in height; and iii. Fences along a rear property line, which line constitutes the side lot line of an abutting lot shall not exceed six feet (6') in height for a distance as calculated in iv below and shall not exceed four feet (4') in height when abutting a front yard line. iv. Subject to other restrictions within this Section, fences (--- may be constructed to a height of six feet (6') on or along the side yard property line from the rear lot line to a point equal to fifty percent (50%) of the average depth of the principal structure. v. In those instances where a fence exists as an enclosure which restricts access from the front to the rear yard, a gate, Current Ordinanctf? ----- (8) Shoreline Fences: ,No fence shall be allowed within the shoreline setback area as specified in Section 1201.26 Subd. 5.a.(3) of this Ordinance. In addition, fences on or adjacent... -iv. Subject to other restrictions within this Section, fences may be constructed to a height of six feet (6') on or along the side yard property line from the rear lot line to the required front yard setback line. Proposed Change ~. . . 1201.03 1201.03 identifiable collapsible section, or other such means of recognizable ingress shall be provided for emergency vehicles. Such ingress shall be unobstructed and a minimum of ten feet (10') in width. The location of such ingress points shall be positioned at any point paralleling the front lot line, between the side lot property line and the principal structure. ) vi. All boundary line fences in residential districts shall be constructed in such a manner that at least twenty five percent (25070) of the plane between the ground and the top of the fence con- structed is open. (--- (b) Interior Yard Fences: i. Any fence erected within any portion of the required front yard shall not exceed four feet (4') in height and shall be at least twenty five percent (25070) open. ii. Within a rear yard, at a point eight feet (8') beyond any property line, a solid fence up to six feet (6') in height may be erected as a total enclosure. Said enclosure shall not exceed twen- ty five percent (25%) of the required rear yard area, and shall have adequate means of emergency access. '. iii. Chain link or woven wire fences (without slat screens, canvas orother screening material opaque in nature) used for the enclosure of tennis courts or other such recreational purposes shall not exceed ten feet (10') in height. (10) Commercial District Fences: Fences in all Commercial Districts shall not exceed eight feet (8') in height except that: (a) Boundary line fences abutting R Districts shall conform to those regulations applicable to the R District. (b) Security Fences: i. Fences which are erected primarily to secure a particular area may have "arms" not to exceed thirty six inches (36") in length, located a minimum of six feet (6') and a maximum of eight feet (8') above ground level, on which arms barbed wire may be strung. ii. A survey establishing the true boundary line must be made by a registered land surveyor and submitted to the City. iii. Fence arm extensions may not extend across an abut- ting property line or over any public right-of-way. (c) Fences erected within the required front yard area shall not ex- ceed six feet (6') in height and shall be of a chain link or woven wire construction which affords maximum visibility. Current Ordinance 017 - vii. Fences in yards abutting an intermediate arterial street, as designated in the Shorewood Comprehensive Plan, may be constructed to a height of six feet (6') in a front or side yard abu~ting said arterial street, by conditional use permit as provided for in Section 1201.04 of this Ordinance. In addition the following conditions shall apply: (aa) the fence shall be located no closer than eight feet (8') to the property line. (bb) A landscape plan for the above-referenced eight-foot setback area must be submitted in compliance with Section 1201.03 Subd. 2.g. of this Ordinance. (cc) The fence shall not obstruct traffic visibility. Proposed Change . . 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 lA.EMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 8 JUNE 1990 RE: FENCES - PROPOSED ZONING ORDINANCE AMENDMENT FILE NO.: 405 (GENERAL) ~ttached is a draft of the proposed amendment to the Zoning Ordinance relative to fences. The amendment was recommended unanimously by the Planning Commission at its meeting on 5 June 1990. If you have any questions relative to the amendment, please contact my office prior to Monday night's meeting. BJN:ph cc: Larry Whittaker Glenn Froberg A Residential Community on Lake Minnetonka's South Shore I . -DRAFT- . ,. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1201 OF THE SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. City Code Section 1201.03 Subd. 2.f.(5) is hereby amended to read as follows: "(5) Nonconforming Fences: All fences existing on the date of the adoption of this Ordinance, but not conforming herewith, except as to height restrictions, shall conform and be subject to the terms of this Ordinance. If at any time a nonconforming fence shall be damaged to the extent of more than twenty-five percent (25%) in any plane, then without further action by the Council, the fence shall, from and after the date of said damage, be subject to all the regulations specified by these zoning regulations. Any fence which is damaged to an extent of less than twenty-five percent (25%) may be restored to its former extent. It is the intent of this Section that all nonconforming fences shall be eventually brought into conformity." Section 2. City Code Section 1201.03 Subd. 2.f.(8) is hereby amended to read as follows: "(8) Shoreline Fences: No fence shall be allowed within the shoreline setback area as specified in Section 1201.26 Subd. 5.a.(3) of this Ordinance. In addition, fences on or adjacent to the shoreline of any navigable lake," channel or stream, or on or along that portion of a lot line extending from a navigable lake, channel or stream to the near side of the average building construction line, shall not exceed four feet (4') in height." Section 3. City Code Section 1201.03 Subd. 2.f.(9)(a)iv. is hereby amended to read as follows: "iv. Subject to other restrictions within this Section, fences may be constructed to a height of six feet (6') on or along the side yard property line from the rear lot line to the required front yard setback line." CHECK NO. CHECK AP.AL LISTING FOR JUNE 11, 1990 .eIL MEETING TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE MAY 10, 1990 4388 4389 4390 4391 4392 4393 4394 4395 4396 4397 4398 4399 4400 4401 4402 4403 4404 4405 4406 4407 4408 4409 4410 4411 4412 4413 4414 4415 4416 4417 4418 4419 4420 4421 4422 4423 4424 4425 4426 4427 4428 4429 4430 4431 4432 4433 4434 (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) TOP ENTERPRISES AFS01E LOCAL #224 CITY COUNTY CREDIT UNION CHILD SUPPORT ENFORCEMENT PUB. EMP. RETlRENENT ASSOC. COMMISSIONER OF REVENUE THE BANK EXCELSIOR ICMA RETIREMENT TRUST BRADLEY NIELSEN PATRICIA HELGESEN ABRAHAMSON CONSTRUCTION DEPUTY REGISTRAR BELLBOY CORPORATION GTE DIRECTORIES CORP. GRIGGS, COOPER AND COMPANY JOHNSON BROTHERS LIQUOR CO. MIDWEST COCA-COLA BOTTLING ED PHILLIPS AND SONS QUALITY WINE AND SPIRITS LEAGUE OF MN CITIES ROLF E.A. ERICKSON VISU-SEWER CLEAN AND SEAL SANDRA KENNELLY BELLBOY CORPORATION GRIGGS, COOPER AND COMPANY JOHNSON BROTHERS LIQUOR CO. MINNEGASCO MINNESOTA BAR SUPPLY, INC. NORTHERN STATES POWER CO. PEPSI-COLA COMPANY ED PHILLIPS AND SONS, CO. POGREBA DISTRIBUTING, INC. QUALITY WINE AND SPIRITS LMC HOUSING BUREAU LEAGUE OF MN CITIES AMERICAN PLANNING ASSOC. MYRNA MAIKKULA-MCFOA PICNIC ICMA HOUSING BUREAU COMMISSIONER OF REVENUE MN SALES AND USE TAX BELLBOY CORPORATION GRIGGS, COOPER AND CO. KEN JARCHO INSURANCE AGCY. JOHNSON BROTHERS LIQUOR CO. MINNEGASCO, INC. MINNESOTA BAR SUPPLY, INC. ED PHILLIPS AND SONS (CONTINUED ON NEXT PAGE) UTILITY TRAILER UNION DUES PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS STATE TAX WITHHELD FED, FICA, MEDICARE WITHHOLDING ICMA PAYROLL DEDUCTIONS SECTION 125 REIMBURSEMENT SECTION 125 REIMBURSEMENT REFUND FOR BUILDING PERMIT FEE LICENSE FOR UTILITY TRAILER LIQUOR PURCHASES ADVERTISING LIQUOR, WINE AND MISC. PURCHASES LIQUOR AND WINE PURCHASES POP PURCHASES LIQUOR AND WINE PURCHASES WINE PURCHASES CONFERENCE 6/12-14, L. WHITTAKER MAY 1990 ASSESSING FEE AND SUPPLIES PAYMENT OF VOUCHER #3 & FINAL SECTION 125 REIMBURSEMENT LIQUOR PURCHASES LIQUOR, WINE AND MISC. PURCHASES LIQUOR AND WINE PURCHASES UTILITIES MISC. PURCHASES AND SUPPLIES UTILITIES POP PURCHASES WINE PURCHASES BEER AND MISC. PURCHASES WINE AND MISC. PURCHASES LODGING-LMC CONF., J. HAUGEN REGISTRATION-LMC CONF., J. HAUGEN SHIPPING ON 2 REPORTS ORDERED IN APR. REGION IV MCFOA MTG-NICCUM & KENNELLY LODGING FOR CONF-L. WHITTAKER (9/23-27) APRIL 1990 FUEL TAX APRIL 1990 SALES TAX LIQUOR PURCHASES LIQUOR, WINE AND MISC. PURCHASES LOTTERY BONDS INSURANCE LIQUOR AND WINE PURCHASES UTILITIES MISC. PURCHASES AND SUPPLIES LIQUOR AND WINE PURCHASES -1- $ 1,160.00 104.70 45.00 165.00 1,673.16 990.55 5,529.97 543.46 130.00 651. 00 20.50 99.10 2,090.36 92.80 4,226.39 3,418.93 495.72 951.05 21.73 155.00 2,561.30 1,981.50 194.00 2,829.36 3,406.01 605.61 41.08 153.49 252.97 166.92 1,208.43 1,203.55 1,007.23 62.00 180.00 4.00 10.00 75.00 111.32 7,707.34 1,852.71 4,961.91 100.00 820.93 33.24 88.02 1,015.46 d.O (. CHECK APPRa LISTING FOR JUNE 11, 1990 COaL MEETING PURPOSE CHECK NO. AMOUNT TO WHOM ISSUED CHECK ISSUED SINCE MAY 10, 1990 (CONT.) 4435 4436 4437 4438 4439 4440 4441 4442 4443 4444 4445 4446 4447 4448 4449 4450 4451 4452 4453 4454 4455 4456 4457 4458 4459 4460 4461 4462 (L) (L) (L) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) QUALITY WINE AND SPIRITS US WEST COMMUNICATIONS WEEKLY NEWS, INC. PUB. EMP. RETIREMENT ASSOC. ICMA RETIREMENT TRUST COMMISSIONER OF REVENUE THE BANK EXCELSIOR CHILD SUPPORT ENFORCEMENT CITY COUNTY CREDIT UNION BRADLEY NIELSEN KOKESH'S G & B PROMOTIONS SLMPSD RYAN PROPERTIES HARRY NIEMELA ADVANCE LIGHTING, INC. BELLBOY CORPORATION CASH REGISTERS SALES, INC. JOHNSON BROTHERS LIQUOR CO. GRIGGS, COOPER AND COMPANY MINNESOTA BAR SUPPLY, INC. NORTHERN STATES POWER CO. ED PHILLIPS AND SONS QUALITY WINE AND SPIRITS US WEST COMMUNICATIONS WASTE MANAGEMENT SAVAGE PUB. EMP. RETIREMENT ASSOC. MR. DAVE JOHNSON LIQUOR AND WINE PURCHASES UTILITIES ADVERTISING PERA PAYROLL DEDUCTIONS ICMA PAYROLL DEDUCTIONS STATE TAX WITHHELD FED, FICA AND MEDICARE WITHHOLDING PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS SECTION 125 REIMBURSEMENT PARKS EQUIPMENT WILDLIFE PRINTS FOR CITY HALL JUNE 1990 BUDGET JUNE RENT FOR LIQUOR STORE 1J:II JUNE RENT FOR LIQUOR STORE #II BALLASTS FOR LIGHTS-STORE I LIQUOR PURCHASES SERVICE PARTS AND LABOR-STORE -:I LIQUOR AND WINE PURCHASES LIQUOR, WINE AND MISC. PURCHASES MISC. PURCHASES AND SUPPLIES UTILITIES LIQUOR AND WINE PURCHASES LIQUOR AND WINE PURCHASES UTILITIES AND ADVERTISING WASTE REMOVAL PREMIUMS FOR MAY 1990 - ADD. LIFE RETURN OF ESCROW TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED -2- $ 690.45 57.10 356.00 1,638.79 543.46 947.53 5,378.92 165.00 45.00 130.00 993.10 150.00 29,512.50 1,922.58 1,428.00 54.95 1,773.53 86.85 2,503.19 1,125.82 133.56 285.90 704.86 587.57 166.37 55.00 27.00 15,000.00 70,977.86 50,682.97 121,660.83 ~ CHECK NO. CHECK APP" LISTING FOR .JUNE 11, 1990 ceIL MEETING TO WHOM ISSUED PURPOSE AMOUNT CHECKS FOR COUNCIL APPROVAL 4463 4464 4465 4466 4467 4468 4469 4470 4471 4472 4473 4474 4475 4476 4477 4478 4479 4480 4481 4482 4483 4484 4485 4486 4487 4488 4489 4490 4491 4492 4493 4494 4495 4496 4497 4498 4499 4500 4501 4502 4503 4504 4505 4506 4507 4508 4509 4510 4511 4512 AT & T UTILITIES $ ABDO, ABDO, AND EICK AUDIT SERVICES AND EXPENSES ACRO MINNESOTA, INC. OFFICE SUPPLIES AIRSIGNAL, INC. MAY PAGER SERVICES ALL STEEL PRODUCTS CO.,INC. STEEL PRODUCTS-PUBLIC WORKS AMERICAN LINEN COMPANY MAY LAUNDRY SERVICES EARL F. ANDERSEN & ASSOC. STREET SIGNS AND PICNIC TABLES ARTWORKS GRAPHICS SUPPLIES-PLANNING ASSOC. CONSULTANTS ENG.,INC ENGINEERING SERVICES FOR WATER STUDY ASSOC. OF METRO. MUNIC. AMM ANNUAL MEETING-MAY 16, 1990 BRYAN ROCK PRODUCTS, INC. RIP RAP AND ROCK-PUB. WORKS C.H. CARPENTER LUMBER CEMENT AND STAKES CALIF. CONTRACTORS SUPPLIES RAINSUITS AND TAP-DIE SET CHASKA PARTS SERVICE SHOP SUPPLIES AND TRUCK PARTS COMMERCIAL ASPHALT COMPANY ASPHALT COMMERS CONDITIONED WATER WATER COOLER RENTAL CROSSTOWN OCS COFFEE AND TRASH BAGS-CITY HALL HAROLD DIRCKS TAPING OF MAY COUNCIL MEETING ELK RIVER CONCRETE PROD. PARTS FOR WATER TOWER REPAIR ROLF E.A. ERICKSON JUNE ASSESSING FEE AND SUPPLIES FEEDRITE CONTROLS, INC. DEMURRAGE CHARGE-MAY AND JUNE FROBERG AND AHERN, P.A. MAY LEGAL FEES GAME TIME BASKETBALL BACKBOARD-PARKS EQUIP. GE MOBILE COMMUNICATIONS MOBILE RADIOS FOR PUBLIC WORKS HANCE HARDWARE GLASS FOR OFFICE PICTURE HENNEPIN COUNTY TREASURER POSTAGE FOR MARCH AND APRIL HENNEPIN COUNTY TREASURER PRISONER EXPENSE FOR APRIL ICMA ICMA MEMBERSHIP-L. WHITTAKER INTERNATIONAL CONF-BLDG OFF UNIFORM HOUSING CODE BOOKS-1988 J.R.'S APPLIANCE DISPOSAL APPLIANCE REMOVAL FOR CLEAN-UP KEHOE OFFICE FURNISHINGS STAND FOR TV AND VCR LEAGUE OF MN CITIES CLEAR WORK FOR APRIL-G. FROBERG LEGAL COURIER SERVICES COURIER SERVICES TO J. NORTON LONG LAKE FORD TRACTOR WEED TRIMMER LINE & MISC.PARTS M & M AUTO BODY REPLACE TAILGATE ON TRUCK #30 M-V GAS COMPANY MV GAS MACQUEEN EQUIPMENT, IC. SHIPPING ON GUTTER BROOMS JAMES MAHONEY BRO\DLEAF SPRAYING OF PARKS MANN MADE PRODUCTS PINTLE HITCH PART AND IRON MATTHIAS, ROEBKE, AND EBERT COMPUTER SERVICES MAUST TIRE RECYCLERS OF MN TIRE REMOVAL FOR CITY CLEAN-UP METAFILE INFO. SYSTEMS, INC COMPUTER EQUIPMENT AND SHIPPING METROPOLITAN WASTE CONTROL JUNE SEWER SERVICES MIDWEST ASPHALT CORP. ASPHALT AND TACK OIL MINNEGASCO, INC. UTILITIES MTKA PUBLIC SCHOOLS COPIER PAPER MN SUBURBAN PUBLICATIONS PUBLISHING MUNITECH, INC. .IJNE WATER AND SEWER SERVICES NEENAH FOUNDRY COMPANY PUBLIC WORKS PARTS NORTHERN STATES POWER CO. UTILTIES (CONTINUED ON NEXT PAGE) -3- 65.28 3,081.42 65.05 9.00 478.43 368.05 560.87 21.64 3,780.00 40.00 1 , 640 . 71 138.22 233.27 52.39 870.12 22.50 99.50 50.00 448.59 2,541.66 90.00 6,318.75 473.38 3,816.68 10.17 10.50 1,456.26 333.00 18.50 725 .00 260.00 658.00 20.00 35.71 264.75 80.00 11. 66 650.00 126.60 1,479.00 1,000.00 485.00 22,793.64 712.30 254.03 66.44 61. 36 4,917.00 511. 00 2,524.98 '. . . CHECK APP~ LISTING FOR JUNE 11, 1990 .IL MEETING CHECK NO. TO WHOM ISSUED PURPOSE AMOUNT CHECKS FOR COUNCIL APPROVAL CONTINUED NORTHERN STATES POWER UTILITIES FOR STREET LIGHT~...~{~ _-;)$ 1.689.47 ORR, SCHELEN, MAYERON APRIL ENGINEERING FEES V~ 9,233.64 JOSEPH PAZANDAK MAY MILEAGE AND PICTURE DEVELOPING 153.66 PEPSI-COLA COMPANY JUNE POP MACHINE RENTAL 10.00 PIKE'S BUILDING MAINTENANCE MAY JANITORIAL SERVICES 220.00 ALAN ROLEK MILEAGE FOR APRIL AND MAY 34.92 R & W ROLLOFF SERVICES TRUCKING AND DUMPING FOR CLEANUP 10,918.95 REYNOLD'S WELDING SUPPLY OXYGEN AND FLINTS 11.45 SHOREWOOD NURSREY 6 ROLLS OF SOD 16.50 SHOREWOOD TREE SERVICE HAULING OF BRUSH FOR CLEAN-UP 4,555.00 STERLING CODIFIERS,INC. UPDATE OF CODE BOOKS 1,956.73 TONKA AUTO AND BODY SUPPLY SHOP SUPPLIES AND TRUCK PARTS 123.75 TONKA FORD TRUCK PARTS 45.73 TRI-K SERVICES 6 YARDS BLACK DIRT 42.00 US WEST COMMUNICATIONS UTILITIES 856.44 VAN DOREN HAZARD STALLINGS SILVERWOOD PARK ENGINEERING SERVICES 2,476.97 VESSCO, INC. PARTS TO REPAIR WELLS 1,232.53 WASTE MANAGEMENT SAVAGE MAY RECYCLING SERVICES 3,610.00 WASTE MANAGEMENT SAVAGE JUNE WASTE REMOVAL SERVICES 191.00 WATER PRODUCTS COMPANY WATER METERS AND SUPPLIES 1,633.30 WIDMER, INC. REDUCTION OF DEBRIS FROM CLEAN-UP 127.50 WITT FINANCIAL FINANCIAL SERVICES 252.93 WOODLAKE SANITARY LANDFILL DUMPING FEES FOR SHOPPING CENTER 49.55 ZACK'S INDUSTRIAL CLEANING CLEANER FOR PUBLIC WORKS 29.50 ZIEGLER, INC. PARTS FOR #26 LOADER 166.96 4513 4514 4515 4516 4517 4518 4519 4520 4521 4522 4523 4524 4525 4526 4527 4528 4529 4530 4531 4532 4533 4534 4535 4536 4537 TOTAL CHECKS FOR APPROVAL 104,368.89 TOTAL CHECK APPROVAL LIST 226,029.72 -4- , . CHECK APP& LISTING FOR JUNE 11, 1990 C.IL HEETING CHECK NO. TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR MAY .23, 1990 PAYROLL 204068 VOID 204069 (G) LAURENCE WHITTAKER 80 REG HOURS $ 1,040.73 204070 (G) SANDRA KENNELLY 80 REG HOURS 756.14 204071 (G) SUSAN NICCUM 80 REG HOURS 599.60 203072 (G) ANNE LATTER 80 REG HOURS 529.87 204073 (G) ALAN ROLEK 80 REG HOURS 929.19 204074 (G) WENDY DAVIS 72.75 REG HOURS 525.51 204075 (G) BRADLEY NIELSEN 80 REG HOURS 836.46 204076 (G) PATRICIA HELGESEN 68.25 REG HOURS 454.88 204077 (G) VIRGINIA SMITH 80 REG HOURS 585.39 204078 (G) JOSEPH PAZANDAK 80 REG HOURS 814.07 204079 (G) CHARLES DAVIS 80 REG HOURS 431. 47 204080 (G) DENNIS JOHNSON 82 REG HOURS-10 O.T. 829.35 204081 (G) DANIEL RANDALL 82 REG HOURS 718.24 204082 (G) HOWARD STARK 80 REG HOURS 560.76 204083 (G) RALPH WEHLE 80 REG HOURS 561.61 204084 (G) DONALD ZDRAZIL 80 REG HOURS 1,004.45 204085 (G) JOSEPH LUGOWSKI 80 REG HOURS 696.48 204086 (G) TODD LATTERNER 38.5 REG HOURS 305.33 204087 (G) LAWRENCE NICCUM 80 REG HOURS-10 O.T. 634.57 204088 (L) RUSSELL MARRON 43 REG HOURS 202. 11 204089 (L) CHRISTOPHER SCHMID 80 REG HOURS 430.05 204090 (L) BRAD HOLTHE 27 REG HOURS 138.36 204091 (L) BRIAN JAKEL 41 REG HOURS 191. 22 204092 (L) MARK KARSTEN 51.5 REG HOURS 233.57 204093 (L) WILLIAM JOSEPHSON 80 REG HOURS 598.00 204094 (L) SUSAN LATTERNER 24 REG HOURS 116.12 204095 (L) DEAN YOUNG 80 REG HOURS 551. 76 204096 (L) SCOTT BARTLETT 39.5 REG HOURS 194.36 204097 (L) KELLY MICHELSON 7 REG HOURS 35.87 204098 (L) KEVIN FOSS 12 REG HOURS 61. 50 204099 (L) JOHN FRUTH 18 REG HOURS 82.02 204100 (L) NOEL NICHOLS 28.5 REG HOURS 124.37 204101 (L) CRAIG SCHOLLE 19 REG HOURS 79.42 204102 (L) ERICA SHAW 8 REG HOURS 37.45 TOTAL GENERAL 12,814.10 TOTAL LIQUOR 3,076.18 TOTAL PAYROLL 15,890.28 -5- . . CHECK APP.AL LISTING FOR JUNE 11, 1990 C.CIL MEETING CHECK NO. TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR JUNE 6, 1990 PAYROLL 204103 VOID 204104 (G) LEONARD WATTEN COUNCIL $ 147.82 204105 (G) JANICE HAUGEN MAYOR 178.50 204106 (G) BARBARA BRANCEL COUNCIL 147.82 204107 (G) ROBERT GAGNE COUNCIL 150.00 204108 (G) KRISTI STOVER COUNCIL 150.00 204109 (G) LAURENCE WHITTAKER 80 REG HOURS 1,032.28 204110 (G) SANDRA KENNELLY 80 REG HOURS 756.14 204111 (G) SUSAN NICCUM 80 REG HOURS 599.60 204112 (G) ANNE LATTER 80 REG HOURS 529.87 204113 (G) ALAN ROLEK 80 REG HOURS 929.19 204114 (G) WENDY DAVIS 71.25 REG HOURS 515.98 20411 5 (G) BRADLEY NIELSEN 80 REG HOURS 836.46 204116 (G) PATRICIA HELGESEN 64 REG HOURS 409.93 204117 (G) VIRGINIA SMITH 40.5 REG HOURS 309.69 204118 (G) JOSEPH PAZANDAK 80 REG HOURS 814.07 204119 (G) CHARLES DAVIS 80 REG HOURS-4.5 O.T. 467.14 204120 (G) DENNIS JOHNSON 80 REG HOURS 676.64 204121 (G) DANIEL RANDALL 80 REG HOURS 684.88 204122 (G) HOWARD STARK 84 REG HOURS 575.14 204123 (G) RALPH WEHLE 80 REG HOURS 544 . 16 204124 (G) DONALD ZDRAZIL 80 REG HOURS 1,004.45 204125 (G) JOSEPH LUGOWSKI 80 REG HOURS 679.03 204126 (G) TODD LATTERNER 47 REG HOURS 367.04 204127 (G) LAWRENCE NICCUM 80 REG HOURS 546.39 204128 (L) RUSSELL MARRON 37 REG HOURS 175.58 204129 (L) CHRISTOPHER SCHMID 80 REG HOURS 430.05 204130 (L) BRIAN JAKEL 43 REG HOURS 199.29 204131 (L) MARK KARSTEN 61.5 REG HOURS 243.38 204132 (L) WILLIAM JOSEPHSON 80 REG HOURS 598.00 20413 3 (L) SUSAN LATTERNER 24.5 REG HOURS 118.38 204134 (L) DEAN YOUNG 80 REG HOURS 551. 76 204135 (L) SCOTT BARTLETT 24 REG HOURS 128.25 204136 (L) KELLY MICHELSON 20 REG HOURS 90.09 204137 (L) KEVIN FOSS 8 REG HOURS 41.00 204138 (L) JOHN FRUTH 24 REG HOURS 106.22 204139 (L) NOEL NICHOLS 13 .5 REG HOURS 63.88 204140 (L) CRAIG SCHOLLE 33 REG HOURS 131.00 204141 (L) ERICA SHAW 19.5 REG HOURS 81. 28 204142 (L) BRIAN ROERICK 3 REG HOURS 14.04 TOTAL GENERAL 13,052.22 TOTAL LIQUOR 2,972.20 TOTAL PAYROLL 16,024.42 -6- CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 5,1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM M I NUT E S CALL TO ORDER Chair Schultz called the meeting to order at 7:34 PM. ROLL CALL Present: Chair Schultz; Commissioners: Pitney, Benson, Leslie, Mason and Spellman; Council Liaison Stover; Planner Nielsen. Absent: Commissioner Bongaards (excused) APPROVAL OF MINUTES Leslie moved and Pitney seconded to approve the minutes of March 6, 1990. Motion carried unanimously. Spellman moved and Benson seconded to approve the minutes of April 3, 1990. Motion carried unanimously. 7:30 PUBLIC HEARING - C.U.P. TO EXCEED 1000 SQ. FT. OF ACCESSORY SPACE. Postponed. SIMPLE SUBDIVISION - 5715 BRENTRIDGE DRIVE/5695 HOWARDS POINT ROAD Chair Schultz inquired whether anyone from Shorewood Oaks Development was in the Chambers. Mr. Craig Johnson was in attendance. Planner Nielsen explained that Mr. Johnson (of Shorewood Oaks Development) requested approval to divide a small triangle of property at 5715 Brentridge Drive and combine it with the property at 5695 Howards Point Road. This would clear up the title problem with an old easement on this property. The attorney and staff have recommended approval of this proposal. Chair Schultz asked if Mr. Johnson had anything further to add and he did not. Chair Schultz also inquired whether there was any problems with setback on this lot and Planner Nielsen explained that there was not. Benson motioned to approve and Spellman seconded the approval of the subdivision. Motion was carried unanimously. MATTERS FROM THE FLOOR Chair Schultz inquired about the parking lot at the Garden Patch and the signs at Crepeau Docks. Planner Nielsen said these were being looked into. Schultz also inquired about the plans for landscaping for Minnetonka Portable Dredging. Nielsen said that they had been given an extension of time. There were problems with paving the access across the railroad lines. Minnetonka Portable would need permanent authority from the railroad for a C.U.P. Leslie asked whether they had lease or a license with the railroad. Nielsen said their attorney indicated they had a license. 1 CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 5,1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM 7:45 PUBLIC HEARING - SETBACK VARIANCE AT 4715 LAKEWAY TERRACE Mr. Tom Harris asked for a setback variance to add a three-season porch to the rear of his home. He said that they were going to enclose an existing deck that they had been using for 24 years. After no comment from the audience, Schultz closed the public hearing at 7:50. Planner Nielsen said that the deck is nonconforming but that he did not know the codes at the time the deck was built in 1960 and that Mr. Harris has a larger than required front yard, ( 53 feet). He recommended that the variance of 8 ft. be granted providing that the house not be extended in front. The Harris house did follow the continuity of site lines in the neighborhood. Commissioner Mason inquired whether this 'setback can be maintained after the sale of the house. Nielsen said that future City Councils cannot be bound by this decision. Schultz was concerned about trading setbacks. Pitney was concerned about the distance of the house in back. Nielsen said they were zoned R-IA and the setback was 50 ft. This means there would be a minimum of 77 ft. between the deck and the building in the neighbor's back yard. Schultz and Pitney reiterated their concerns about trading front to back yard setbacks. Mason suggested they review the Ordinance at a future study session. Commissioner Spellman moved with Mason seconding that the commission grant the setback variance with the provision that there be no extension of the house in front. Leslie and Schultz wanted to emphasize that these were special circumstances because of the front yard setback and the rear yard setback of the neighbor to the north. The motion was carried. 5 aye, 1 nay. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT - FENCE REGULATIONS Public hearing opened at 8:00. Planner Nielsen presented a proposal for amendments to the fence Ordinance. He had looked into the requirements of other cities. Many cities conform to the state code, which allows 6 foot fences anywhere on the property. Pitney pointed out the wording in paragraph 5 and asked that it be changed from destroyed to damaged. The proposal states that if less than 25% of the non-conforming fence is damaged, then it can be restored to it's former extent, if more than 25% is damaged then it must be brought up to the current code. Fences that abut an intermediate arterial highway (Hwy 7) may be constructed to a height of 6 feet. Planner Nielsen indicated that this should also include minor arterials such as Hwy 19. Commissioner Spellman indicated that with the 25% open rule these fences would not be noise barriers. Nielsen said that with landscaping requirements there should be little problem with noise. 2 CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 5,1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM Leslie moved that they concur on the proposal with the changes in paragraph 5 and the addition of minor arterials. Schultz asked if there was any public comment. No public comment. Leslie moved and Spellman seconded to send the recommendations to the council. The motion was carried unanimously. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT - ACCESSORY SPACE REGULATIONS Planner Nielsen presented a proposal to increase the square footage for accessory buildings to 1200 square feet. This was done because of the relatively large lot sizes in Shorewood and the use of recreational vehicles and equipment. Nielsen also proposed a change in the accessory to principal structure floor area ratio to include the total floor space above grade of homes when determining accessory size. Schultz questioned how floor area would be calculated for walkout space. Nielsen read th~ regulation. It stated that all stories above grade were used, if they were more than 50% above grade. Pitney inquired about requiring people to add attached accessory space and further limit the number of detached buildings. Other commissioners seemed to think this would cause more problems. Benson- more problems by limiting detached garages because more people would ask for variances. Stover informed the commissioners that the original intent of the ordinance was to make the transition between a rural area to a city. Several commissioners felt it was beneficial to reduce outdoor storage. Commissioner Mason felt that Shorewood is a recreational city and that city should be helping people cover up their vehicles. Pitney asked if it would be easier to use a 10% of lot size requirement. Nielsen indicated that this would mean there could be very large accessory buildings. Benson asked about the height regulations for accessory buildings. Nielsen read the ordinance, which states that an accessory building can be no higher than 15 feet for a detached facility. Spellman moved and Benson seconded to send these amendments as revised to the Council for approval. Motion carried unanimously. MATTERS FROM THE FLOOR Commissioner Spellman said that the LMCD would be proposing another tax on the lake area residents at their June 6, 1990 meeting. City should be aware of this. Council member Stover said the Shorewood's representative was informed of these developments. Schultz inquired about a tree ordinance to discourage clear cutting. Planner Nielsen said that this matter would be coming up on the council agenda or the Planning Commission could propose their own ordinance. Schultz indicated that he would like to start this process. 3 CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 5,1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM Nielsen indicated that the next study session would be June 19, 1990 and the next meeting July 3, 1990. Commissioner Benson moved that the July 3, 1990 meeting be moved to July 10, 1990. Motion carried. 5 ayes 1 nay. REPORTS Council member Stover reported on the June 4, 1990 council study session. There is more information available on recycling. ADJOURNMENT Benson moved to adjourn at 10:00 PM. RESPECTFULLY SUBMITTED, Katie Snyder Recording Secretary 4